The purpose of this article is to promote and
protect the health, safety, comfort and general welfare of the community
by compelling compliance by owners, tenants, occupants, builders,
developers and others with the terms and conditions of site plan[1] and subdivision approvals and to provide an enforcement
procedure for such compliance.
A.Â
Any owner, lessee, tenant, occupant, architect or
builder or an agent of any of them who violates or who is an accessory
to the violation of any of the provisions or conditions of a site
plan or subdivision approval duly granted pursuant to Village law
shall be guilty of a misdemeanor under the Penal Law and, upon conviction
thereof, shall be punishable for each offense by a minimum fine of
$250, such fine shall not exceed $1,000; or by imprisonment not exceeding
six months, or by both such fine and imprisonment. Each week of such
violation shall constitute a separate offense. Each provision or condition
violated shall constitute a separate offense. Violations shall be
prosecuted and penalties collected in the manner prescribed by law
or ordinance effective in the Village of Rye Brook.
B.Â
The Superintendent of Public Works/Village Engineer
shall enforce the provisions of the subdivision regulations. The Superintendent
of Public Works/Village Engineer may cause any place, premises or
work to be inspected or examined, order the cessation of any work
when any condition is found to violate this chapter and order the
remedy of any such condition. The Village Administrator, Superintendent
of Public Works/Village Engineer, Code Enforcement Officer(s) or approval
authority may institute an action or proceeding, in accordance with
applicable law, to enforce the provisions of this chapter. In addition
to any civil or criminal penalties or other remedies as may be provided
by law, a violation of this chapter may be enforced by mandatory or
other injunctive relief in Village Court or any other Court of competent
jurisdiction. The Village Board, Village Administrator, Superintendent
of Public Works/Village Engineer and Code Enforcement Officer(s) shall
be empowered to maintain action in the name of the Village for such
purpose.
[Amended 10-27-2020 by L.L. No. 9-2020]