[Adopted 1-6-1976 as Ch. 1, Art. III, of the 1976 Code]
[Amended 6-7-2004 by L.L. No. 11-2004]
Unless a specific penalty is provided elsewhere
or in any other local law for a particular violation, any person committing
an offense against any provision of any chapter of this Code, or of
any other local law that refers to this article, shall, upon conviction,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $5,000 or by imprisonment
for a term not exceeding 15 days, or by both fine and imprisonment.
[Added 9-3-1991 by L.L. No. 4-1991]
Whenever an owner of property or a person in
possession or control thereof is required under this Code to make
an improvement, perform any work or do any act on such property in
the interest of public safety, health, comfort or the general welfare
and such person shall fail to make the improvement or perform the
work or act required and the Board of Trustees shall cause such improvement,
work or act to be done on such property or a contract has been awarded
therefor by the Board, the cost of such improvements, work or act
may be assessed, levied and collected as against such property or
owner in the same manner as a tax. Before making such assessment,
levy and collection, the Village shall serve written notice upon the
owner of property of the improvement, work or act to be done, and
a reasonable time for performance shall be given therefor. Upon the
failure to comply within the time given, a hearing shall be scheduled
before the Board of Trustees, upon notice, giving the owner of such
property or a person representing such owner reasonable opportunity
to be heard prior to the Board making or providing for such improvement,
work or act to be done and the cost thereof assessed, levied and collected.
[Added 5-5-1986 by L.L. No. 1-1986]
Any person committing an offense against any provision of Chapter 240 of this Code or against any other ordinance or local law which refers to Chapter 240 of this Code, or the Building Zone Ordinance of the Village of Flower Hill, shall, upon conviction, be guilty of an offense punishable by a fine not to exceed $350, or imprisonment for a period not to exceed six months, or both, for conviction on a first offense. Conviction of a second offense when both offenses were committed within a period of five years is punishable by a fine of not less than $350 and not more than $700, or imprisonment for a period not to exceed six months, or both. A conviction of three or more offenses, all of which were committed within a period of five years, is 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. Each week's continued violation shall constitute a separate additional violation.
[Added 9-2-1992 by L.L. No. 7-1992;
amended 11-6-2000 by L.L. No. 3-2000]
The Village Board may, after a hearing, for
which reasonable notice shall be given to any alleged offender against
the provisions of this Code, assess a civil penalty not exceeding
$2,500 for any offense against the provisions of this Code. The alleged
offender shall be served with a brief outline of the alleged offense
charged and may be represented by counsel at any hearing held by the
Board thereon. The Village may pursue any other remedy permitted by
law, which remedy shall be deemed cumulative and not exclusive. The
civil penalty assessed by the Board shall be deemed prima facie evidence
of the amount thereof in any action or proceeding seeking its recovery
or to enforce the rights of the Village.
[Added 11-6-2000 by L.L. No. 3-2000]
Whenever in this Code an activity is proscribed
or prohibited to be performed, permitted, made, aided, countenanced,
encouraged, assisted or the like, on any property within the Village
of Flower Hill, or where the creation, establishment, erection, placement
or maintenance of any object, thing, attachment, disturbance, noise
or nuisance shall constitute a violation of a provision of this Code,
the owner, tenant, operator or person in control of any property on
which such activity, object, thing, attachment, disturbance, noise,
nuisance or the like shall occur, shall be deemed to have full knowledge
thereof and to have consented to, performed, permitted, made, aided,
countenanced, encouraged, assisted or established, erected, placed
or maintained the same. Nothing herein contained shall be construed
as to impose exclusive liability upon any such owner, tenant, operator
or person in control.
[Amended 7-10-2023 by L.L. No. 9-2023]
The continuation of an offense for each successive
day shall constitute a separate violation, and the person or persons
allowing or permitting the same may be punished as provided in this
article by either criminal or civil penalties, or both, for each such
separate violation.
[Added 9-2-1992 by L.L. No. 7-1992]
The imposition of a penalty as provided herein,
or as specifically provided in any other chapter of this Code or other
law of the Village, shall be in addition to any injunctive or remedial
relief which is authorized under the laws of the State of New York
with the same force and effect as though provided for herein. Such
penalty shall not be deemed to be in lieu of any provision for revocation
or suspension of any license or permit.
