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.
[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.