A.
The Chief of the Fire Department and the Code Enforcement Officer
and their authorized representatives are authorized to order in writing
the remedying of any condition or activity found to exist in, on or
about any building, structure, or premises in violation of the Uniform
Code or this chapter. Upon finding that any such condition or activity
exists, the Chief of the Fire Department or the Code Enforcement Officer
or his authorized representative shall issue a compliance order. The
compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the Chief of the Fire Department or the Code
Enforcement Officer;
(3)
Specify the condition or activity that violates the Uniform Code
or this chapter;
(4)
Specify the provision or provisions of the Uniform Code or the Village
Code that is/are violated by the specified condition or activity;
(5)
Specify the period of time which the Chief of the Fire Department
or the Code Enforcement Officer deems to be reasonably necessary for
achieving compliance;
(6)
Direct that compliance be achieved within the specified period of
time; and
(7)
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
B.
The Chief of the Fire Department or the Code Enforcement Officer
or his authorized representative shall cause the compliance order,
or a copy thereof, to be served on the owner, general agent or other
person responsible for the affected property personally or by registered
mail or certified mail.
C.
The Chief of the Fire Department and the Code Enforcement and their
authorized representatives are authorized to issue appearance tickets
for any violation of the Uniform Code or this chapter.
D.
In addition to those penalties prescribed by state law, any person
who violates any provision of the Uniform Code or this chapter, or
any notice or order issued by the Chief of the Fire Department or
the Code Enforcement Officer or his authorized representative, pursuant
to any provision of this chapter, shall be liable to a civil penalty
of not less than $250 nor more than $350 for each day or part thereof
during which such violation continues and, in addition, shall pay
all costs and expenses incurred by the Village in determining such
violation. The civil penalties provided by this subsection shall be
recoverable in an action instituted in the name of the Village.
E.
An action or proceeding may be instituted in the name of the Village,
in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of
the Uniform Code or this chapter, or any term or condition of any
notice or order issued by the Chief of the Fire Department or the
Code Enforcement Officer or his authorized representatives pursuant
to any provision of this chapter. In particular, but not by way of
limitation, where any violation is found, an action or proceeding
may be commenced in the name of the Village, in the Supreme Court
or in any other court having the requisite jurisdiction, to obtain
an order directing the removal of the building or structure or an
abatement of the condition in violation of such provisions. No action
or proceeding described in this subsection shall be commenced without
the appropriate authorization from the Board of Trustees of the Village.
F.
No remedy or penalty specified in this section shall be the exclusive
remedy or penalty available to address any violation described in
this section, 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 section, in
any other section of this 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 section, in any other
section of this chapter, or in any other applicable law. In particular,
but not by way of limitation, each remedy and penalty specified in
this section shall be in addition to, and not in substitution for
or limitation of, the penalties specified in Subdivision (2) of § 382
of the Executive Law, and 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 penalty specified in Subdivision
(2) of § 382 of the Executive Law.
