This Chapter
142 shall be known as the "Penalties Law."
It is the purpose and intent of this chapter to amend the Village of Phoenix Code so as to add a new Chapter
142 (entitled "Penalties" as hereinafter set forth).
In addition to the remedies and penalties set forth below, the penalty
for any infraction of any chapter which specifies that such an infraction
shall be a misdemeanor (but which does not set forth a penalty) shall be a
fine of not less than $100 and not more than $1,000 or imprisonment of not
more than one year, or both.
Each day an infraction of any provision of this Code shall continue
after notice of such infraction from the Village or from an officer or employee
of the Village shall be considered a separate offense.
In the event that any chapter of this Code shall not designate the classification
for an offense thereof or such offense is not otherwise classified under NYS
law as a misdemeanor or felony, such offense shall be a violation.
In addition to the fines and penalties set forth above, the Village
shall have all other remedies available at law and in equity, including, without
limitation, the right to obtain injunctive relief. In addition, if the Village
incurs injury to its property or incurs a loss of revenue as a result of any
infraction or violation of any of the provisions of this Code, the Village
shall be entitled to recover restitution from the person or entity which committed
such infraction. In addition, as a civil penalty, the Village shall be entitled
to recover any and all costs it incurs in connection with any action or proceeding
related to such infraction or the recovery of restitution, including but not
limited to court costs, and attorney and expert fees and disbursements.
The fines for a person who realized a gain from violating the terms
of this Code shall be the higher of the amount set forth elsewhere in this
Code; or any higher amount not exceeding double the amount of such person's
gain from the commission of the offense. As used in this section, the term
"gain" means the amount of money or the value of property derived from the
commission of the offense less the amount, if any, of money or the value of
property returned to the victim, if any, of the crime or seized by or surrendered
to lawful authority prior to the time sentence is imposed. If the court imposes
a fine based upon the gain of the person convicted of violating the terms
of this Code, the court shall make a finding as to the amount of that person's
gain from the offense, and if the record does not contain sufficient evidence
to support such a finding, the court may conduct a hearing upon such issues.
In the event that any construction upon real property within the Village is contemplated, the Code Enforcement Officer shall not issue a building permit or a certificate of occupancy unless and until the proposed construction complies with the Subdivision of Land Chapter (Chapter
169), the Flood Damage Prevention Chapter (Chapter
102) and the Zoning Chapter (Chapter
205). If any construction shall have been commenced and such construction or the real property upon which it is taking place is in violation of the above-referred chapters or any other provisions of this Code, the Code Enforcement Officer shall issue a stop-work order. In the event that any land is conveyed in violation of the Subdivision of Land Chapter (Chapter
169), no building permit, certificate of occupancy or any other certificate shall be issued in connection with such property unless and until such real property shall be subdivided as required under Chapter
169.
Notwithstanding anything to the contrary provided in this Code, it shall
be a misdemeanor for a person to commit any act or omission knowing it to
be a violation of this Code.