[HISTORY: Comes from L.L. No. 26-2003, adopted 3-11-2003, effective 3-27-2003.]
The Town Board of the Town of Hempstead has determined in order to obtain satisfactory enforcement and compliance with the law, it is necessary to increase the fines for zoning violations in excess of the maximums authorized by § 268(1) of the Town Law of the State of New York. It is the intent of the Town Board, pursuant to the Municipal Home Rule Law of the State of New York to supersede the portion of § 268(1) of the Town Law of the State of New York as enacted by Chapter 598 of the Laws of 1985, insofar as to authorize the Town Board to establish maximum fines for violations of the Building Zone Ordinance set forth in the said § 268 of the Town Law.
[Amended 11-16-2004 by L.L. No. 95-2004, effective 12-10-2004]
A. 
For any and every violation of the provisions of the Building Zone Ordinance, the owner, general agent or contractor of a building or premises where much violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine not exceeding $500 or by imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine nor more than $1,000 or by imprisonment for a period not to exceed six months, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not more than $1,500 or by imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
B. 
Notwithstanding anything else in the Building Zone Ordinance, for any and every violation of §§ 16, 29.3, 63, 76.3, 78, 83, 98, 109, 121, 157, 177, 196, 208, 220, 227, 230, 232.2, 236, 255.1 and 255.2 of the Building Zone Ordinance, the owner, general agent or contractor of a building or premises where much violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine not less than $500 and not exceeding $1,500 or by imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine not less than $1,500 nor more than $5,000 or by imprisonment for a period not to exceed six months, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
C. 
Upon a second conviction of any violation of any of the provisions of Article XXIII of the Building Zone Ordinance, the permit shall be thereby revoked and the privilege of conducting such tourist camp shall be thereby rescinded.