A.
The Code Enforcement Officer of the Village of Sloan is hereby designated
the enforcement officer of this chapter, along with policemen of the
Town of Cheektowaga.
B.
Their duties shall be to examine all parcels of land in the Village
of Sloan for the purpose of determining when, where and if conditions
exist which require the issuance of a license under this chapter and
to initiate proceedings to prosecute violators in all courts in the
town and state.
The Code Enforcement Officer or any Town of Cheektowaga policeman,
upon determining that a violation exists, shall issue a notice of
the violation to each owner and/or occupant of the premises where
the violation is occurring. Such notice shall be sent by certified
mail, return receipt requested. If the violation is not corrected
within 10 days of the date such notice is mailed, the enforcement
officer may proceed to request relief from courts as set forth in
the next sections.
The Code Enforcement Officer or any Town of Cheektowaga policeman,
upon the violator's noncompliance, after giving the notice set
forth in § 280-30, may issue an appearance ticket for the
violator or obtain an arrest warrant based on his complaint as enforcement
officer in the local Cheektowaga Town Court and prosecute therein
the offenses set forth in § 280-32 of this chapter. Actions
may also be brought for an injunction and civil penalties in the Erie
County Supreme Court in the name of the Village by the Code Enforcement
Officer or any Cheektowaga policeman, as set forth in § 280-32
of this chapter.
A.
Violators of any of the portions of this chapter shall be guilty
of an offense punishable by a fine not exceeding $250, and each week
that such violation is carried on or continues shall constitute a
separate violation.
B.
Violators shall also be subject to a term in the Erie County Jail
for not to exceed 15 days, and each week that such violation is carried
out or continues shall constitute a separate violation.
C.
The aforesaid punishment shall be imposed, and in the discretion
of Court, said violators shall be subject to both a fine and a sentence
of jail for each offense.
D.
Violators shall also be liable in a civil action brought in the name
of the Village of Sloan for a penalty of $100 for each offense, and
each week that such violation is carried on or continues shall constitute
a separate violation.
Every person convicted of a violation or who shall have had
a judgment recovered against him in a civil action or criminal action
for penalty shall deliver his license to the Cheektowaga Town Justice
before whom the civil or criminal action was brought. It shall be
the duty of the Justice to endorse thereon the complaint made, the
disposition of the action and the penalty, fine or imprisonment term
imposed and the date of the determination or compromise, and in the
event several offenses are claimed, proven or compromised for, each
such offense shall be so noted separately.
When there shall be made upon any license endorsements showing
convictions or judgments or compromises of three or more offenses
and when the license has been endorsed to show that the holder thereof
has been convicted, had a civil judgment rendered against him or compromised
any civil action and the total of offenses shown shall equal three,
it shall be the duty of the Justice to report to the Board of Trustees
the facts, and the Board of Trustees shall immediately notify the
holder of the license to appear before it at a fixed date and place
in the Village of Sloan when the Board of Trustees shall determine
whether or not said license shall be suspended or revoked. Notice
of such hearing shall be at least five days.
Any holder of any license issued in pursuance of this chapter
whose license shall be suspended may not apply for the reinstatement
of the license within three months nor for any new license within
such period, and when any such license shall be revoked by the Board
of Trustees, the holder thereof shall not be again eligible for a
new license of any class under this chapter until the end of the year
following that for which the license was issued.
Where after a hearing is held and the license is not suspended
or revoked, any Justice before whom a complaint of a violation is
made shall cause a further endorsement to be made in case of conviction,
judgment or compromise. He shall cause the fact of such additional
endorsement to be reported to the Board of Trustees, which shall,
after hearing on notice as before, determine whether or not such license
shall be suspended or revoked.
Where a license is suspended, no other license for the operation
of the same place of business shall be issued during the period of
suspension, and when a license is revoked, no license for the operation
of the same place of business shall be issued to any person for any
purpose hereunder until after the expiration of six months from the
date of revocation.
