[Amended 7-18-2019 by L.L. No. 6-2019]
Except where specific maximum penalties are
provided elsewhere in this Code, in a state law or in another ordinance
or local law of the Village for a particular violation, any person
who shall violate any provision of this Code, or any provision of
any other Village ordinance or local law referring to this article,
by doing any act prohibited or declared to be unlawful thereby or
declared to be an offense thereby, or who shall engage in or exercise
any business or occupation or do anything for which a license or permit
is required thereby without having a valid license or permit therefor
as required, or who shall fail to do any act required by any such
provision, or who shall fail to do any act when such provision declares
such failure to be unlawful or to be an offense, shall, upon conviction
thereof, be deemed guilty of a violation pursuant to the Penal Code
of the State of New York, punishable by a fine not less than $250
nor more than $5,000, or by imprisonment for not more than 15 days,
or by both such fine and imprisonment.
[Added 2-6-1990 by L.L. No. 1-1990]
Whenever in this Code an activity is proscribed
or prohibited to be performed, permitted, made, aided, countenanced,
encouraged, assisted or the like on any property within the Village
of Russell Gardens, or the creation, establishment, erection, placement
or maintenance of any object, thing, attachment, disturbance, noise
or nuisance shall be a violation of a provision of this Code, the
owner, tenant, operator or person-in-control of any property within
the Village on which such activity, object, thing, attachment, disturbance,
noise, nuisance or the like shall occur shall be presumed to have
full knowledge thereof and to have consented to, performed, permitted,
made, aided, countenanced, encouraged, assisted or established, erected,
placed or maintained the same. Nothing herein contained shall be deemed
necessarily to impose exclusive liability upon such owner, tenant,
operator or person-in-control.
[Added 2-1-2007 by L.L. No. 1-2007]
[Amended 7-19-2007 by L.L. No. 5-2007]
The Village Board may, after a hearing, for
which reasonable notice shall be given to any alleged offender, assess
a civil penalty not exceeding $3,500 for any offense against the provisions
of this Code. The alleged offender shall be served with a brief outline
of the alleged offense charged and may be represented by counsel at
any hearing held by the Village Board on said offense. Additionally,
the Village may pursue any other remedy permitted by law, which remedy
shall be deemed cumulative and not exclusive. The civil penalty assessment
by the Village Board shall be deemed prima facie evidence of the amount
of said penalty in any action or proceeding seeking its recovery or
to enforce the rights of the Village.
The continuation of an offense for each successive
day shall constitute a separate violation, and the person or persons
allowing or permitting the continuation of the offense may be punished
as provided in this chapter by either criminal or civil penalties,
or both, for each such separate violation.
The imposition of a penalty as provided above,
or as specifically provided in any other chapter of this Code or other
ordinance or local law of the village, shall be in addition to any
injunctive or remedial relief which is authorized under the laws of
the State of New York, with the same force and effect as though provided
for herein. Such penalty shall not be deemed to be in lieu of any
provision for revocation or suspension of any license or permit.
[Added 6-8-1981 by L.L. No. 4-1981]
Whenever an owner of property is required under
this Code to make an improvement, perform any work or do any act on
such property in the interest of public safety, health, comfort or
the general welfare and such owner shall fail to make the improvement
or perform the work or act required and the Board of Trustees shall
cause such improvement, work or act to be done on such property or
a contract has been awarded therefor by the Board, the cost of such
improvement, work or act may be assessed, levied and collected as
against such property or owner in the same manner as a tax. Before
making such assessment, levy and collection, the village shall serve
written notice upon the owner or upon the property of the improvement,
work or act to be done, and a reasonable time for performance shall
be given therefor. Upon the failure to comply within the time given,
a hearing shall be scheduled before the Board of Trustees, upon notice,
giving the owner of such property reasonable opportunity to be heard
prior to the Board making or providing for such improvement, work
or act to be done and the cost thereof assessed, levied and collected.
