In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained, or any building, structure, land or premises is used in violation of this chapter or any regulation or requirement made pursuant thereto, or under authority conferred thereby, in addition to other lawful remedies, the Village Board or, with their approval, the Code Enforcement Official may, pursuant to § 7-714 of the Village Law, institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such buildings, land or premises or to prevent any illegal act, conduct, business or use in or about such premises.
The Code Enforcement Official shall determine the existence of violations of the provisions of this chapter through such investigations as he or she shall conduct pursuant to the issuance of building permits and certificates of occupancy and through the prompt investigation of such written complaints as are filed with him or her by persons having reason to believe that such violations exist. The Code Enforcement Official may also determine the existence of such violations by means of investigations conducted at his or her own initiative.
A. 
Notice of violation. Upon finding violations of the provisions of this chapter, the Code Enforcement Official shall serve written notice, either by personal service or certified mail, addressed to the premises of such violation, on the person committing or permitting such violation or on the owner of the property. Such notice shall specify the nature of such violations as exist and specify a reasonable time limit, of not less than five days, in which compliance shall be achieved.
B. 
Legal action. The Code Enforcement Official shall, upon failure of the responsible party to comply with a violation order within the specified time, refer the matter to the Village Board so that the Village Board may, by resolution, direct the Village Attorney to undertake appropriate legal action against such party.
[Amended 12-12-1994 by L.L. No. 1-1994]
A. 
Any person whether as owner, lessee, architect or builder or the agent or employee of any of them who violates or is accessory to the violation of any provision of this chapter or any regulation made under the authority conferred by this chapter or any condition imposed by the Village of Orchard Park Village Board and confirmed by the resolution passed by the Village Board for the issuance of a special use, or who shall erect, construct, alter, enlarge, convert or move any building or structure without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter, or who shall use any building structure or land in violation of this chapter or any regulation made under the authority conferred by this chapter or in violation of the provisions of any building permit or certificate of occupancy where one is required by this chapter shall be guilty of a violation of the Penal Law and shall be liable to a penalty not exceeding, in the case of any one violation, $1,000 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 7-13-1998 by L.L. No. 3-1998; 3-8-1999 by L.L. No. 2-1999]
B. 
Any person violating this chapter shall also be subject to a civil penalty enforceable and collectable by the Village in an amount of not less than $50 per week and not more than $250 per week for each week such offense shall continue. Such penalty shall be established by the Village Board, by resolution, and shall be collectible by and in the name of the Village for each week that such violation shall continue.