The commencement or continuation of any activity regulated by
this chapter that is not in compliance with the express provisions
of this chapter, or that is not in compliance with the express provisions
of any permit or approval, including any attached findings or conditions,
shall be a violation of this chapter, and subject to enforcement under
the terms of this article and New York Law.
A.
The responsibility
for the enforcement of this chapter is delegated to the Zoning/Code
Enforcement Officer.
B.
Whenever
a violation of this chapter occurs, any person may file a complaint.
All such complaints must be filed with the Zoning/Code Enforcement
Officer, who shall properly record such complaint, immediately investigate
to determine the validity of the charge, and take whatever action
is necessary to assure compliance with this Zoning Law.
A.
A violation of this chapter is hereby declared to be an offense punishable
by:
(1)
A fine not to exceed $350 or imprisonment for a period not to
exceed six months, or both, for a conviction of a first offense.
(2)
For a conviction of a second offense, both of which were committed
within a period of five years, 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.
(3)
Upon conviction of a third or subsequent offense, all of which
were committed within a period of five years, punishable by a line
of not less than $700 not more than $1,000 or imprisonment for a period
not to exceed six months, or both.
B.
Each week's continued violation shall constitute a separate additional
violation.
C.
For the
purpose of conferring jurisdiction upon courts and judicial officers
generally, violations of this chapter shall be deemed misdemeanors
and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations.
[Added 11-12-2013 by L.L.
No. 2-2013]
Accumulated fines or penalties shall not continue to accrue
if one of the following occurs:
A.
The violation is actively being cured pursuant to a plan, including
a clear time frame and deadline, accepted by the Zoning/Code Enforcement
Officer. Failure to actively cure the violation shall reactivate the
enforcement process.
B.
Request by the offender for a hearing.
C.
Complete application to the applicable board to bring the violation
into conformance.
On behalf of the Town, the Zoning/Code Enforcement Officer may
take any one or more of the following actions as a remedy for any
violation of this Zoning Law:
A.
Issuing and serving on the violator a notice of violation and order
to remedy.
B.
Withholding any approval or permits required by this chapter or order
other officials to withhold such approval or permits;
C.
Bringing an action for injunction or mandamus to abate a violation;
D.
Bringing an action for an injunction (or, in appropriate cases, for
mandamus) to prevent the violation and/or to prevent the occupancy
or use of any site or structure involved in the violation;
E.
Pursuing prosecution of the violation.
