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Town of Pittsford, NY
Monroe County
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Table of Contents
Table of Contents
Code
New Laws (3) Index Notes (1)
It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter or fail in any manner to comply with any notice, directive or order of a Code Enforcement Officer or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
A. 
All Code Enforcement Officers are authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:
(1) 
Be in writing;
(2) 
Be dated and signed by a Code Enforcement Officer;
(3) 
Specify the condition or activity that violates Chapter 185 of this Code, the Uniform Code, the Energy Code, or this chapter;
(4) 
Specify the provision or provisions of Chapter 185 of this Code, the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;
(5) 
Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;
(6) 
Direct that compliance be achieved within the specified period of time; and
(7) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
B. 
A Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered or certified mail.
C. 
Code Enforcement Officers are permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of this Code and/or the Uniform Code.
In addition to those penalties proscribed by state law, any person who violates any provision of Chapter 185 of this Code, the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, demolition permit, certificate of occupancy/compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by a Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to pay a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the Town.
An action or proceeding may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of Chapter 185 of this Code, the Uniform Code, the Energy Code, this chapter, any other chapter of this Code, or any term or condition of any building permit, demolition permit, certificate of occupancy/compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by a Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of Chapter 185 of this Code, the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this section shall be commenced without the appropriate authorization from the Town Board of the Town.
A. 
Any person who shall violate any provision of this chapter or shall fail to comply with any of its provisions or shall violate or fail to comply with any order, rule, permit, approval or regulation made hereunder shall be guilty of a violation of this chapter.
B. 
Every violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $350 or 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, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. Violations which are also a violation of Chapter 86 of this Code may, alternatively, be the subject of a proceeding under such chapter.
No remedy or penalty specified in this article shall be the exclusive remedy or penalty available to address any violation described in this article, and each remedy or penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this chapter, any other chapter of this Code, or in any other applicable law. Any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty. In particular, but not by way of limitation, each remedy and penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.