Village of Tivoli, NY Violations

Notices of violation. zoning enforcement personnel are authorized, after proper examination and inspection, to serve, or cause to be served a written notice ordering the remedying of any violation of any provision of this chapter or any rule or regulation adopted pursuant thereto. Upon finding that any such violative condition or activity exists, zoning enforcement personnel shall issue a notice of violation which shall:

(1)

Be in writing;

(2)

Be dated and signed by zoning enforcement personnel;

(3)

Specify the nature and specific details of such condition or activity that allegedly violates this chapter or any other chapter, law, rule, or regulation which zoning enforcement personnel are charged with enforcing;

(4)

Specify the period of time which zoning enforcement personnel deems to be reasonably necessary for achieving compliance, which date shall be not less than 30 calendar days from the date of service, or such additional time as determined necessary by the Zoning Enforcement Officer, and direct that compliance be achieved within that specified period of time; and

(5)

State that a criminal and/or civil action or proceeding to compel remediation of any violations and/or to penalize the failure to remedy noticed violations may be instituted if remediation is not achieved within the specified period, as such failure to comply with a notice of violation issued regarding violations or conduct within the Village of Tivoli by an authorized official thereof is a violation under this section punishable as such pursuant to NYS General Municipal Law § 10, Subdivision 4(b).

Service of notices of violation. zoning enforcement personnel shall cause the notice of violation, or a copy thereof, to be served on the owner of the property at issue, as determined by reference to the most recent tax information maintained by the Assessor of the Town of Red Hook, either personally or by registered mail or certified mail in a manner which substantially complies with NYS Civil Practice Laws and Rules § 308. The Zoning Enforcement Officer shall be permitted, but not required, to cause the notice of violation, or a copy thereof, to be served on any on any owner, lessee, tenant, occupant, architect, agent, builder, contractor, subcontractor, construction superintendent, their respective agents or employees, or any other person taking part or assisting in work being performed at the subject property personally or by registered mail or certified mail in a manner which substantially complies with NYS Civil Practice Laws and Rules § 308; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the notice of violation.

Appearance tickets. Pursuant to the provisions of this chapter and the Criminal Procedure Law § 150.20, police officers, peace officers, as designated by Criminal Procedure Law § 2.10, and zoning enforcement personnel of the Village of Tivoli as well as code enforcement personnel of the Village of Tivoli as defined in Ch. 98 of this Code are hereby authorized to issue, and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in a court with jurisdiction over the Village of Tivoli, when such official has reasonable cause to believe a person has violated this chapter or any other chapter, law, rule, or regulation which zoning enforcement personnel are charged with enforcing. The content of such appearance ticket and the method of prosecution thereunder shall be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.

Emergency action. If, in the opinion of zoning enforcement personnel, a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety, or welfare of occupants of a building or to other persons, zoning enforcement personnel may direct that such violation be immediately remedied or may take direct action on his own initiative to abate the hazard. Any costs incurred by any such action shall be recovered from any owner, lessee, tenant, occupant, architect, agent, builder, contractor, subcontractor, construction superintendent, their respective agents or employees, or any other person culpable for said violations. The Zoning Enforcement Official shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken and is furthermore authorized to institute legal proceedings, if necessary, against the person(s) liable for such expenses to recover said costs.

Penalties. In addition to those penalties prescribed by state law, any person who violates any provision of this chapter or any other chapter, law, rule, or regulation which zoning enforcement personnel are charged with enforcing shall be punishable by a fine of not more than $350 and/or imprisonment for not more than six months for a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 and/or imprisonment for not more than six months; and, upon conviction for a third or subsequent time within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 and/or imprisonment for a period of not more than six months. For the purposes of this chapter or any other chapter, law, rule, or regulation which zoning enforcement personnel are charged with enforcing, each day or part thereof during which such violation continues constitutes a separate offense and such penalty shall be recoverable against such person, firm, or corporation.

Civil penalties. Any person who violates any provision of this chapter or any other chapter, law, rule, or regulation which zoning enforcement personnel are charged with enforcing may also or alternatively be liable civilly for not more than $250, with each day or part thereof during which such violation continues constituting a separate cause of action, and such amount shall be recoverable against such person, firm, or corporation in an action instituted at the direction of and in the name of the Village of Tivoli.

Injunctive relief. An action or proceeding may be instituted in the name of the Village of Tivoli pursuant to § 7-714 of the Village Law, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violations of, or to enforce any provisions of, this chapter or any other chapter, law, rule, or regulation which zoning enforcement personnel are charged with enforcing, including the terms or conditions of any permits or permissions granted pursuant to this chapter or by zoning enforcement personnel. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Board of Trustees of this Village.

Remedies not exclusive. Remedies not exclusive. No remedies or penalties specified in this section shall be the exclusive remedies or penalties available to address any violations described herein, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this chapter, or by notices of violation, as authorized herein, or in any other chapter or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this chapter, or by notices of violation, as authorized herein, or in any other chapter or in any other applicable law.

Accountability. Any owner, lessee, tenant, occupant, architect, agent, builder, contractor, subcontractor, construction superintendent, their respective agents or employees, or any other person who violates or is accessory to the violation of any provisions of this chapter, as adopted or amended, or who fails to comply with any of the requirements thereof, shall be guilty of a violation, which is an offense punishable according to the provisions of this chapter.