A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Building Department Administrator
or other authority, or to construct, alter or use and occupy any building
or structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
B.
Any person or corporation or officer thereof who shall
violate any of the provisions of this chapter, or who fails to comply
therewith or who shall fail to comply with any written notice of violation
or order issued by the Building Department Administrator, shall be
guilty of a violation within the meaning of the New York Penal Law
and, upon conviction, shall be liable to a fine of not less than $1,000
nor more than $2,000 or to imprisonment for a period not to exceed
15 days, or both; and, upon a second conviction for the same offense
committed within five years of the date of the first offense, shall
be liable to a fine of not less than $2,000 nor more than $3,500 or
to imprisonment for a period not to exceed 15 days, or both; and,
upon a third conviction for the same offense committed within five
years of the date of the second offense, shall be liable to a fine
of not less than $3,500 nor more than $5,000 or to imprisonment for
a period not to exceed 15 days, or both. Each week that any such violation
continues shall constitute a separate and distinct violation. The
owner or owners of any building or premises or part thereof where
a violation of any of the provisions of this chapter shall exist or
any lessee, tenant, builder, contractor, subcontractor, agent, person
or corporation employed in connection therewith and any person who
assisted in the commission of any such violation shall each be guilty
of a separate offense and, upon conviction thereof, shall be punishable
as herein provided.
[Amended 5-10-1994; 6-27-2000]
C.
All buildings and structures which are erected, built
or altered without having the benefit of a building permit issued
by the Building Department shall be charged triple the ordinary building
permit fees.
[Added 2-22-2000]
D.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
E.
This section shall not apply to violations of the
provisions of the New York State Uniform Fire Prevention and Building
Code punishable under § 385 of the Executive Law of the
State of New York, nor to violations of the provisions of the Multiple
Residence Law punishable under § 304 of the Multiple Residence
Law of the State of New York.[1]
[1]
Editor's Note: Former Subsection E, regarding
notices of violation, added 12-22-1997, was repealed 4-25-2000.
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts or conduct of business in or about any premises; and these remedies shall be in addition to the penalties prescribed in § 111-24.
