Village of Warsaw, NY Article X Liability and Penalties

§ 123-46 Liability for loss or damage.

Any person violating any provision of this chapter is liable to the village for any and all losses, damages and expenses incurred by the village or for which the village may be held liable as a result of said violation.

§ 123-47 Notice of violation.

A. Any person violating any provision of this chapter will be served by the Superintendent with a written notice stating the nature of the violation and providing a time limit of seven days for the satisfactory correction thereof.

B. Service of the notice of violation is sufficient if directed to the owner or operator of a residence, commercial or industrial facility violating this chapter. Service of said notice of violation must be made personally upon the alleged violator, if possible; otherwise, said notice of violation is sufficient if served by delivering the same to a person of suitable age or discretion at the actual residence, commercial or industrial facility at which said violation is occurring and by mailing the notice to the person to be served at his last known residence or business address; or, where service cannot otherwise be made with due diligence, by affixing said notice of violation to the door of the residence, commercial or industrial facility at which said violation is occurring and by mailing said notice to such person at his last known residence or place of business.

§ 123-48 Penalties for offenses.

Any person found in violation of Article IV, § 123-17 or 123-18, of this chapter or any person who continues or fails to satisfactorily correct any violation within the time limit set forth in the notice provided for in § 123-47 above is guilty of an offense and, upon conviction, is subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or both. Each day in which any violation of Article IV, § 123-17 or 123-18, continues is a separate offense. The failure to satisfactorily correct or discontinue any violation contained in each notice served, whether for the same or a different violation, is a separate offense.

§ 123-49 Other remedies.

Nothing contained herein prevents the village or Superintendent, either alone or in conjunction with the foregoing penalties, from maintaining an action or proceeding in the name of the village or Superintendent in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter. In addition, the village or Superintendent reserves the right to obtain reimbursement for any loss, damage or expense incurred by it as a result of any violation of this chapter.