The agency shall keep records of all complaints
received, inspections made and violations found regarding premises
regulated by the housing standards. Records shall be kept in a manner
and form as prescribed by the Board of Trustees and shall be available
for public inspection.
[Amended 4-1-1998 by L.L. No. 1-1998; 8-1-2011 by L.L. No.
3-2011]
A. Penalties.
(1) Any
person, including an owner, as defined herein, who violates any provision
of this chapter shall be guilty of a violation and, upon conviction
thereof, shall be punishable:
(a) By a fine in an amount not less than $250 or by a term of imprisonment
of not more than 15 days, or both, for a first violation;
(b) By a fine in an amount not less than $250 nor more than $700 or by
a term of imprisonment of not more than 15 days, or both, for a second
violation committed within a period of five years of the first violation;
and
(c) By a fine in an amount not less than $700 nor more than $1,000 or
by a term of imprisonment of not more than 15 days, or both, for a
third and each subsequent violation committed within a period of five
years of the first violation.
(2) Each
day that a violation of or failure to comply with any provision of
this chapter occurs shall constitute a separate and distinct violation.
B. Civil
penalties.
(1) In
addition to and not in lieu of the above, any person, including an
owner, as defined herein, who violates any provision of this chapter
shall be liable to the Village for a civil penalty in an amount not
less than $250 for a first violation; in an amount not less than $250
nor more than $700 for a second violation committed within a period
of five years of the first violation; and in an amount not less than
$700 nor more than $1,000 for a third and each subsequent violation
committed within a period of five years of the first violation. Each
day’s continued violation shall constitute a separate and distinct
violation.
(2) Civil
penalties may be ordered in any action or proceeding by any court
of competent jurisdiction, including, but not limited to, state and
federal courts. All penalties shall be paid to the Village.
(3) The
judgment amount of any civil penalty ordered pursuant to this section,
if not paid, may be assessed and levied against the real property
that is the subject of the penalty and may be collected in the same
manner as a real property tax.
C. In addition
to and not in lieu of the remedies authorized above, the Board of
Trustees, the Building Inspector, or the Code Enforcement Officer
may institute any appropriate action or proceeding to prevent, restrain,
enjoin, correct or abate any violation or threatened violation of
this chapter or to enforce any provision of this chapter.