[Adopted 7-25-2007 by L.L. No. 7-2007]
This article shall be known and may be cited
as "Utilization of Civil Procedures for Code Enforcement."
It is the intent of this Village Board of Trustees to provide an alternative procedure for the enforcement of Chapter 190, Zoning, of the Code of the Village of Clyde, the New York State Uniform Fire Prevention and Building Code, the Energy Conservation Construction Code of New York State, New York State Multiple Residence Law, and permits, certificates, orders and conditions issued pursuant thereto, by providing that:
A.
Violation of Chapter 190, Zoning; the New York State Uniform Fire Prevention and Building Code; the Energy Conservation Construction Code of New York State; the New York State Multiple Residence Law; and permits, certificates, orders and conditions issued pursuant thereto shall constitute an offense and a violator shall be subject to a civil penalty that is within the monetary jurisdiction of the Small Claims Court.
B.
The Village Attorney or Code Enforcement Officer may
elect to collect such penalty in the small claims part of the Justice
Court.
A.
In addition to any other penalties proscribed by state or local law, any person who violates any provision of Chapter 190, Zoning, New York State Uniform Fire Prevention and Building Code, Energy Conservation Construction Code of New York State, New York State Multiple Residence Law, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of local law shall be liable to a civil penalty of $50 for each day or part thereof during which such violation continues.
B.
The civil penalties provided by this section shall
be recoverable in an action instituted in the name of the Village
of Clyde. In the event the penalty sought is within the monetary jurisdiction
of the Justice Court, as established in Article 18 of the Uniform
Justice Court Act, such action to recover such penalty may, as shall
be determined by the Attorney representing the Village of Clyde, be
commenced as a small claim pursuant to the provisions of Article 18
of the Uniform Justice Court Act.
