Town of Salina, NY Violations and Penalties

It shall be unlawful for any person, firm or corporation to:

Allow any building or land to be used or occupied or any building or part thereof to be erected, moved, extended or altered except in conformity with the regulations herein set forth for the district in which it is located.

Fail in any manner to comply with a written notice, directive or order of the Director of Planning and Development.

Construct, alter or use and occupy any building or structure or portion thereof or use any land in a manner not permitted by an approved plan or resolution of the Planning Board or the Zoning Board of Appeals, where required.

[Amended 3-8-1999 by L.L. No. 1-1999[1]]

A violation of this chapter is hereby declared to be an offense punishable by:

(1)

A fine not to exceed $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or of such ordinance or regulations adopted hereunder shall be deemed misdemeanors and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations; or

(2)

A civil penalty not exceeding $350 for a first offense; for a conviction of a second offense, both of which were committed within a period of five years, a civil penalty of not less than $350 nor more than $700; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a civil penalty not less than $700 nor more than $1,000.

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks or sites in violation of this chapter, the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

Each week's continued violation shall constitute a separate additional violation, for which separate and additional fines and punishable or civil penalties may be imposed and recovered.

In the event that the penalty sought is within the monetary jurisdiction of the justice court, as established by Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the attorney representing the Town of Salina, be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act.

[1]

Editor's Note: This local law also provided that it is the intent of the Town Board, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 268 of the TOwn Law relating to penalties for violations of land use regulations.