The enforcement procedures established in this article shall govern enforcement of Chapters
91 through
96 and Chapters
100 and
103 of this Code.
For the purposes of this article, the terms used herein are
defined as follows:
DIRECTOR
The Executive Director of the Office of Municipal Code Violation,
and shall include the designee of the Director, unless otherwise provided.
OFFICE
The Office of Municipal Code Violations of the City of Yonkers.
[Amended 10-22-2013 by L.L. No. 7-2013; 10-28-2014 by L.L. No.
16-2014]
A. Whenever an offense or violation of any provision of Chapter
91 through Chapter
96 and Chapters
100 and
103 of the Yonkers City Code is committed, one or more of the following enforcement actions may be commenced by the Director:
(1) An appearance ticket may be issued.
(2) An administrative code enforcement proceeding may be commenced, as provided for in Article VI-A of the Charter and Chapter
19 of the Code and in which civil penalties may be assessed.
[Amended 12-8-2015 by L.L. No. 24-2015]
(3) A criminal action may be commenced by the Corporation Counsel in
a court of competent jurisdiction seeking fines, imprisonment, or
both.
(4) A civil action may be commenced by the Corporation Counsel in a court
of competent jurisdiction seeking civil penalties, an injunction to
compel compliance or restrain violations, or both, and in association
therewith imposition of any other relief allowed by law, including
but not limited to attorneys fees and costs.
B. Use or commencement of any enforcement action or remedy authorized in Subsection
A of this section shall not preclude the use of any other enforcement action or remedy at any time. Nothing in this section shall require commencement of any administrative code enforcement proceeding prior to issuance of an appearance ticket or commencement of a civil or criminal action in a court of competent jurisdiction.
C. Administrative code enforcement proceedings shall include but not
be limited to proceedings to:
(1) Correct, abate or otherwise remedy any violation of Chapter
91 through Chapter
96 and Chapters
100 and
103 of the Yonkers City Code, including the levy of civil penalties.
(2) Suspend or revoke any permit, license, approval or certificate.
(3) Order compliance with any applicable provision of Chapter
91 through Chapter
96 and Chapters
100 and
103 of the Yonkers City Code.
D. Notwithstanding the provisions of this section and the remainder of this chapter, the Fire Department, the Department of Housing and Buildings and the Bureau of Plumbing may enforce violations of Chapter
91 through
96 and Chapters
100 and
103 relating to fire safety, building safety and plumbing safety, respectively. The procedures set forth in Chapter
55, Fire and Building Code, shall govern enforcement by the Fire Department, Department of Housing and Buildings and Plumbing Bureau.