[Amended 1-20-1986 by L.L. No. 2-1986; 9-22-1998 by L.L. No. 9-1998]
A violation of any of the provisions of the Building Zone Ordinance of the Incorporated Village of Sands Point by the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which such violation shall exist shall be liable for:
[Amended 6-21-2016 by L.L. No. 8-2016]
A fine not exceeding $3,000 for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $3,000 nor more than $5,000 and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $5,000 nor more than $7,000; or
A civil penalty not exceeding $3,000 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 $3,000 nor more than $5,000; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a civil penalty not less than $5,000 nor more than $7,000.
Each week's continued violation shall constitute a separate additional violation, for which separate and additional fines and punishment or civil penalties may be imposed and recovered.
In the event the penalty sought is within the monetary jurisdiction of the Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the Village Attorney, be commenced in the appropriate court as a small claim action.
The imposition of a penalty or fine as provided above or as specifically provided in any chapter of the Village Code or local law, ordinance, rule or regulation of the Village shall be in addition to any injunctive or remedial relief for any civil penalty which is authorized under the laws of the Village of Sands Point, with the same force and effect as though provided for herein. Such penalty or fine shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.
[Amended 3-31-1998 by L.L. No. 3-1998]
In case any building or structure is erected, constructed, reconstructed, altered, repaired, 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 act or of any local law or other regulation or the terms of any resolution or order adopted by a Village Board, made under authority conferred thereby, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, 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. All issues in any action or proceeding for any of the purposes herein stated shall have preference over all other civil actions and proceedings.
Editor's Note: This local law also provided for the Supersession of Village Law § 7-714, as follows:
"Pursuant to the authority set forth in Municipal Home Rule Law § 10(1)(ii) and the New York State Constitution, and in accordance with the New York State Court of Appeals' decision in Kamhi v. Town of Yorktown, 74 N.Y.2d 423, Village Law § 7-714 is hereby superseded and amended as it applies to the Village of Sands Point and § 176-68 of the Code of the Village of Sands Point is amended to read as follows:."