This chapter shall be deemed to prescribe minimum
requirements. Except for the amendments to the Building Zone Ordinance,
herein provided for, this chapter shall not be deemed to amend, repeal
or impair any requirement in any ordinance or law, or in any deed
restriction or covenant or in any other undertaking among private
persons, but no provision in any such ordinance, law, restriction,
covenant or undertaking shall be deemed to justify noncompliance with
any provision of this chapter.
[Amended 7-24-2008 by L.L. No. 2-2008]
It shall be the duty of the Building Inspector,
and he hereby is given the authority, to enforce the provisions of
this chapter.
[Amended 7-15-1986 by L.L. No. 1-1986]
A. Any owner, lessee, contractor, agent or individual,
whether a person, partnership or corporation shall be guilty of an
offense if he occupies, uses or maintains, or causes or permits to
be occupied, used or maintained, or erects, enlarges, alters or converts,
or causes, or permits to be erected, enlarged, altered or converted
any building, structure or part thereof or any land in the Village
except in conformity with the provisions of this chapter or a decision
of the Board of Zoning Appeals or Planning Board, or in any manner
violates, or allows, causes, permits, takes part or assists in a violation
of any provision of this chapter or of any regulation, order or ruling
promulgated hereunder.
B. A person convicted of an offense shall be guilty of
a violation as defined in the Penal Law.
C. A violation of two or more sections of this chapter,
or provisions within a section, shall be separate and distinct offenses
for which a fine may be levied.
D. Each and every week a violation exists or continues
shall constitute a separate and distinct violation, conviction for
which shall be an additional offense.
E. Each violation of this chapter shall be punishable
by:
[Amended 7-24-2008 by L.L. No. 2-2008]
(1) A fine not to exceed $1,000, or a term of imprisonment
not to exceed five days, or both, for a conviction of a first offense.
(2) A fine not to exceed $2,500, but not less than $1,000,
or a term of imprisonment not to exceed 10 days, or both, for the
conviction of a second offense, both of which were committed within
a five-year period.
(3) A fine not to exceed $5,000, but not less than $2,500,
or a term of imprisonment not to exceed 15 days, or both, for the
conviction of a third or subsequent offense, all of which were committed
within a five-year period.
F. If any person fails to abate any such violation of
this chapter within five calendar days after written notice has been
served personally upon said person, or within 10 days after written
notice has been sent to said person by certified mail at said person's
home or business address, said person shall be subject to a civil
penalty of $250 for each and every day that said violation continues,
recoverable by suit brought by the Village.
G. Any violation of this chapter may be enjoined pursuant
to law.
H. The remedies provided for herein shall be cumulative,
and shall be in addition to any other remedies provided by law, including
injunctive relief.
Where any plat or land has been cleared for
the erection of any dwelling or other building or accessory structure
thereon, no certificate of occupancy shall be issued by the Building
Inspector until the removal from said premises, all stumps, limbs,
tree trunks, tree branches or other debris accumulated or caused by
said clearing operations.