Notice of a violation may be provided by the Division of Fire Services to an owner, occupant, or other person who, upon reasonable investigation, appears to be responsible for a violation of this chapter. Such notice shall describe the alleged violation and provide a reasonable amount of time for a voluntary remedy to be effected.
A. 
The service of an order to remedy for the correction of violations of this chapter shall be made upon the owner, occupant or other person who, upon reasonable investigation, appears to be responsible for the conditions, either by delivering a copy of the order to such person or by delivering the order to and leaving it with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy of the order in a conspicuous place on the premises. Whenever it may be necessary to serve the order by affixing a copy in a conspicuous place upon said premises, another copy shall be mailed by certified mail and by certified mail with return receipt requested within 24 hours of posting to the person to whom the order is directed at his last known address or place of residence. A courtesy copy of the order to remedy shall also be mailed by first class mail to the person or entity which, according to Town of Colonie Assessor's Office records at the time, is the fee owner of the property in question.
B. 
If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the order to remedy issued in connection with the enforcement of the provisions of this chapter shall apply to the occupant thereof. This shall apply except where the rules or orders require additions or changes in the premises themselves and those additions or changes would immediately become real estate and be the property of the owner of the premises. In such cases, the rules or orders shall affect the owner and not the occupant.
A. 
For any and every violation of the provisions of this chapter which shall include the failure, refusal or neglect to comply with an order issued by the Chief or his designee, the owner, occupant, general agent, contractor, lessee, tenant or person in charge of an entire building, structure or premises or any portion thereof where such violation has been committed or shall exist and any other person who knowingly commits, takes part or assists in any such violation or who maintains any building, structure or premises in which any such violation shall exist shall be guilty of an offense and, upon conviction thereof, be punishable by a fine not less than $50 nor exceeding $500 and/or imprisonment for a period not to exceed 15 days, unless otherwise specified in Subsection B of this section. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
B. 
For the second violation of this chapter within three years, the maximum fine shall be $2,000. A third or subsequent violation within three years shall have a fine not to exceed $4,000.
C. 
In lieu of the above-described penalties, a violation of the provisions of this chapter may be enforced by a civil penalty not to exceed $500 for the first offense; for a conviction of a second offense, both of which were committed within a period of three years, a civil penalty of not less than $500 nor more than $2,000; and upon a conviction of a third or subsequent offense, all of which were committed within a period of three years, a punishment by a civil penalty of not less than $1,000 nor more than $4,000.
D. 
In the event that a penalty sought is within the monetary jurisdiction of the Town Justice Court, as established in Article 18 of the Uniform Justice Act, such action to recover such penalty may, as shall be determined by the Town Attorney, be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
E. 
In addition to the above penalties, any appropriate action or proceeding may be instituted or taken to prevent any unlawful construction, erection, alteration, repair, maintenance or use or to restrain, correct or abate any violation or to prevent the occupancy of any such building, structure or premises or to prevent any illegal act, conduct, business or use in or about such building, structure or premises.