[Amended 4-17-1990; 5-10-1994; 12-22-1997; 4-25-2000; 6-27-2000; 8-24-2010; 7-25-2023 by L.L. No. 4-2023]
A. 
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 Director of the Building Department, shall be guilty of a violation within the meaning of the New York Penal Law and, upon conviction, shall be punishable by 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 punishable by 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 punishable by 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.
B. 
Notwithstanding the above, a violation of any provision of § 280-45.3 or 280-66F(18) and (19) shall be punishable by a fine of not more $2,000 for a first offense; not more $5,000 for a second offense committed within three years of the date of the first offense; and not more than $10,000 for a third offense and each subsequent offense thereafter, within three years of the prior offense.
C. 
Any building erected, constructed, altered, enlarged, converted, moved or used contrary to any of the provisions of this chapter, and any use of any land or building which is conducted, operated or maintained contrary to any of the provisions of this chapter, shall be and the same is hereby declared to be unlawful. The DBD may institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erections, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter. Such action may also be instituted by any property owner who may be particularly damaged by any violation of this chapter. Upon his or her becoming aware of any violation of any of the provisions of this chapter, the DBD shall serve notice of such violation on the person or corporation committing or permitting the same, and if such violation has not ceased within such reasonable time as the DBD may specify and a new certificate of occupancy has been obtained as provided in § 280-11, he or she shall institute such of the foregoing action as may be necessary to terminate the violation. The remedies provided herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.