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Town of Phelps, NY
Ontario County
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This chapter shall be enforced by the Code Enforcement Officer who shall be appointed by the Town Board. No building permit or certificates of occupancy shall be issued by him/her except where all the provisions of this chapter have been complied with.
A. 
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be filed with the Code Enforcement Officer who shall properly record such complaint and immediately investigate and report thereon to the governing body.
B. 
Penalties for offenses.
[Amended 10-3-1994 by L.L. No. 2-1994]
(1) 
Any person or other legal entity who fails to comply with or who violates this chapter or who shall refuse a reasonable request to inspect any premises or who shall have aided or abetted the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof, shall be punishable as follows:
(a) 
For a first offense, by a fine of $350 or imprisonment for a period not to exceed six months, or both.
[Amended 8-10-2015 by L.L. No. 3-2015]
(b) 
For a second offense, both of which were committed within a period of five years, by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(c) 
For a third or subsequent offense, all of which occurred within a period of five years, by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
(2) 
However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors; and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation after notice shall constitute a separate additional violation.
[Amended 8-10-2015 by L.L. No. 3-2015]
C. 
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulation made under authority conferred hereby, the governing body or, with its approval, the Code Enforcement Officer or other proper official, in addition to other remedies, may institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.