[Adopted 9-7-1976 by L.L. No. 8-1976
as Ch. 7, Art. II, of the 1969 Code]
[Amended 4-15-2003 by L.L. No. 1-2003]
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
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 law or rule promulgated by the Building Department
in accordance with applicable laws, or to fail in any manner to comply
with a notice, directive or order of the Building Official, or to
construct, alter, use or 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 who shall fail to comply with a written
order of the Building Official within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor or construction superintendent, or their agents, or
any other person taking part or assisting in the construction or use
of any building who shall knowingly violate any of the applicable
provisions of law or any lawful order, notice, directive, permit or
certificate of the Building Official made thereunder shall be punishable
by fine of not more than $1,000 or imprisonment for not more than
one year, or both. Each day that a violation continues shall be deemed
a separate offense.
C.
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.
D.
In the event that a defendant fails to mail a not guilty plea and/or
fails to appear to enter a plea of not guilty in response to a complaint
pursuant to this section, the Court is authorized to enter a plea
of not guilty on behalf of the defendant and to set down a trial date.
Upon setting a trial date, the Court shall issue a written notice
of not less than 10 calendar days to the defendant of the scheduled
trial date. In the event that the defendant fails to appear at the
scheduled trial date and the Court satisfies itself that proof exists
that a notice of the trial was duly issued, the Court may proceed
with the trial in absence of the defendant. Upon a conviction, at
the Court's discretion, any fine in accordance with this section
may be ordered to be converted to a civil judgment for filing or the
fine may be ordered to be applied to the defendant's real property
tax bill, or both.
[Added 4-21-2009 by L.L.
No. 4-2009]
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, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law.
