No person acting as a real estate broker, agent and/or salesperson,
whether or not licensed by the State of New York, shall knowingly
facilitate the use or occupancy of a detached dwelling or a two-family
attached residence building in a manner which violates the use or
occupancy of such dwelling or building which is permitted by the certificate
of occupancy or certificate of existing use issued by the Building
Inspector, Assistant Building Inspector and/or Acting Building Inspector,
for it or in a manner which violates the permitted use or occupancy
of such dwelling or building under the Malverne Village Code. A person
shall be deemed to facilitate a use or occupancy by, among other things,
advertising or listing a dwelling or building, showing a dwelling
or building to a prospective user or occupant or otherwise soliciting
or encouraging another person to use or occupy a dwelling or building.
Upon the conviction of a licensed broker, agent or salesperson for
a violation of this section, in addition to the penalties provided
for in this chapter, the Clerk of the Malverne Justice Court shall
forward a record of such conviction to the New York Department of
State's licensing bureau.
Any person, corporation, company, partnership, firm or other
legal entity violating any of the provisions of this chapter shall
commit an offense, the fine for which shall not exceed $2,000 for
each offense. Each separate advertising or listing of a dwelling or
building, and/or showing of a dwelling or building to a prospective
user or occupant in violation of this chapter shall constitute a separate
offense.
Unless otherwise provided, the provisions of this chapter shall
be administrated and enforced by the Building Inspector, Deputy Building
Inspector, Interim Building Inspector, Assistant Building Inspector
and any sworn police officer.
Whenever any provision of this chapter is in conflict with any
other provision of this chapter or any other statute or local law
applicable or covering the same subject matter, the most restrictive
provision or the one imposing the highest standard shall govern and
be supreme.