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Town of Austerlitz, NY
Columbia County
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A. 
Any person or corporation, whether as owner, lessee, agent or employee, who shall violate any of the provisions of this chapter or who fails to comply with any order or regulation made hereunder or who erects, alters, moves or uses any building or uses any land in violation of any detailed statement of plans submitted and approved under the provisions of this chapter shall be guilty of a violation.
B. 
Any such person or corporation, whether as owner, lessee, agent or employee, who shall violate, disobey, omit, neglect, or refuse to act in compliance with any order or regulation shall be deemed guilty of a separate offense for each day of such violation. Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agent or manager may be considered to be the "person" for the purpose of this article. The Code Enforcement Officer shall have the authority to issue a citation to property owners who are in violation of this chapter.
A violation of this chapter is hereby declared to be 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. Conviction of a second offense, both of which were committed within a period of five years, is punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both. Conviction for a third or subsequent offense, all of which were committed within a period of five years, is punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
A. 
In the event any building or structure is erected, constructed, reconstructed, altered, dismantled, converted or maintained or any building, structure or land is used or any land is divided into lots, blocks, or sites in violation or in threat of violation of this chapter or of any ordinance or other regulation made under authority conferred thereby or conditions imposed by a building permit, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, occupancy, moving, use or division of land; 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 lot.
B. 
Additional penalties. In addition to any other remedies or penalties that may be imposed, a violation of this chapter shall entitle the Town Board to remedy or repair the conditions constituting the violation, at the premises owner's expense, in order to bring the premises into conformity and compliance with this chapter. The disbursements and expenses shall become a charge and a lien upon the premises, and the same shall be added to the premises' next annual Town tax bill, to be collected in accordance with the provisions of law and the procedure for the payment of Town taxes with interest, as may be provided by law. This provision shall be in addition to any other provisions, penalties or powers available to the Town for enforcement of this chapter.
A. 
The Town Board hereby grants the Code Enforcement Officer the administrative responsibility of immediately terminating any actions violating this chapter by posting a stop-work order on the premises wherein the alleged violation has occurred.
B. 
The stop-work order shall serve notice to the owner, builder, developer, agent and/or any other individual or business on the premises that all actions specified on the stop-work order must be terminated immediately.
C. 
Relief from the stop-work order can be realized as follows:
(1) 
If all provisions of this chapter, together with other conditions specified by the Code Enforcement Officer, are met, then the Town Board may authorize the termination of the stop-work order.
(2) 
Except for cases involving site plan review, if a variance is granted by the Zoning Board of Appeals permitting the violations specified on the stop-work order to continue thenceforth as allowable, said administrative decision shall also specify the conditions for the termination of the stop-work order.
Any permit or approval granted under this chapter that is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to affect the remedies available to the Town under this chapter.
Whenever a violation of this chapter is alleged to have occurred, any person may file a complaint in regard thereto. All such complaints shall be filed with the Code Enforcement Officer, who may direct that such complaint be properly investigated and a report thereon be made to the Town Board.