In accordance with § 382 of Article
18 of the Executive Law of the State of New York and as the same shall
be amended from time to time:
A. It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof or to maintain property, or allow
the same, in violation of the Uniform Code and all applicable laws,
ordinances, codes, rules and regulations covering building construction
or alteration and/or property maintenance, including this chapter,
or to fail in any manner to comply with a notice, directive or order
of the Code Enforcement Officer or to construct, alter, use or occupy
any building or structure or part thereof, or to allow the same, in
a manner not permitted by an approved building permit or certificate
of occupancy.
B. Any person who shall fail to comply with a written
order of the Code Enforcement Officer within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person allowing, taking part or assisting in the construction
or use of any building who shall knowingly violate any of the applicable
provisions of the Uniform Code and all applicable laws, ordinances,
codes, rules and regulations covering building construction or alteration
and/or property maintenance, including this chapter, or any lawful
order, notice, directive, permit or certificate of the Code Enforcement
Officer made thereunder, shall be punishable by a fine of not more
than $1,000 or imprisonment for not more than one year, or both. Each
day that a violation continues shall be deemed a separate offense.
Appropriate action and proceedings (including
but not limited to an action seeking injunctive relief) may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law.
[Amended 11-9-2009 by L.L. No. 3-2009]
Alternatively, or in addition to the foregoing
remedies, any person who shall fail to comply with a written order
of the Code Enforcement Officer within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
superintendent, or their agents or any person allowing, taking part
or assisting in the construction or use of any building who shall
knowingly violate any of the applicable laws, ordinances, codes, rules,
and regulations covering building construction or alteration and/or
property maintenance, including this chapter, or any lawful order,
notice, directive, permit or certificate of the Code Enforcement Officer
made thereunder, shall be liable for a civil penalty of not more than
$500 or, if such amount is in excess of any statute of the State of
New York, then the maximum of such statutory amount, for each day
or part thereof during which such violation continues. The civil penalties
provided by this section shall be recoverable in an action instituted
in the name of the Village of Liberty.