[Amended 9-13-1994 by L.L. No. 3-1994; 6-6-2022 by L.L. No. 5-2022]
Pursuant to § 20-2006 of the Village
Law of the State of New York, as amended, any person who shall violate
any provision herein or regulation thereof or fail to comply therewith
or with any of the requirements thereof or who shall build or alter
or use any building, structure or land in violation of any statement
or plan submitted and approved thereunder shall be guilty of an offense
punishable by a fine not exceeding $350 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine not less than $350 nor
more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of this chapter or of such local law or regulation, violations shall
be deemed misdemeanors and for such purpose only all provisions of
law relating to misdemeanors shall apply to such violations. Each
day's continued violation shall constitute a separate additional violation.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
or general welfare. It is not intended by this chapter to repeal,
abrogate, annul or in any way to impair or interfere with any existing
provisions of the law or ordinance or any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings or premises; provided, however,
that where this chapter imposes a greater restriction upon the use
of buildings or premises or upon the height of buildings or required
larger yards, courts or other open spaces than are imposed or required
by such existing provisions of law or ordinance or by such rules,
regulations or permits, the provisions of this chapter shall control.
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, clause or provision so
adjudged, and the remainder of this chapter shall remain valid and
effective; provided, however, that in such event the provisions of
the Building Zone Ordinance of the Village of Farmingdale adopted
August 23, 1926, as from time to time amended,[1] shall apply with respect to the subject matter of the
section, paragraph or provision of this chapter so adjudged invalid.
The adoption of this chapter shall not be construed
to and shall not render lawful the use, construction or alteration
of any building or premises which were not lawfully constructed or
altered or lawfully used prior to the adoption of this chapter.
This chapter shall take effect immediately.
