Any person who fails to correct a violation
of this chapter upon receipt of a notice of violation shall be guilty
of an offense and shall be subject to fines or civil penalties which
shall be cumulative for each and every week that the violation remains
uncorrected.
A. For each day the owner fails to arrange for an inspection
beyond 15 days after service of such notice.
B. For each violation not corrected within a reasonable
time following receipt of a notice of violation;
(1) Failure to arrange for a timely reinspection shall
give rise to a presumption that the violation was not corrected and
a fine shall be imposed accordingly.
(2) Violations not corrected in the allotted time shall be subject to a fine or civil penalty, which fine or civil penalty shall not exceed the maximum set forth in the Executive Law for violations of state code; and not to exceed the maximum set forth in the Village Law for violations of this chapter, retroactive to the original date set forth in the violation notice. A cumulative civil penalty may be imposed for each and every week or portion thereof that the violation continues to the maximum extent permitted by law. Enforcement proceedings shall be in accordance with §
96-44.
In addition to the penalties provided in this
chapter, when any dwelling, building or structure is constructed,
altered, converted, used or maintained in violation of any section
of this chapter, the Village may bring suit in an appropriate court
of competent jurisdiction to:
A. Prevent unlawful construction, alteration, conversion,
or maintenance;
B. Restrain, correct, or abate such violation or nuisance;
C. Prevent the occupation of the dwelling, building or
structure;
D. Prevent any other violation of this chapter; and
E. Obtain a judgment for costs and expenses to enforce
this chapter.
All inspection fees, reinspection fees, demolition
costs, administrative costs and legal costs incurred by the Code Enforcement
Office in the enforcement of this chapter may be collected by an assessment
or levy placed against the real estate to be collected as a property
tax or by judgment entered against the owner personally or against
the real estate.