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Editor’s Note: Former Art. IX, Definitions, was moved to Art. IV 12-15-2015 by L.L. No. 3-2015. This local law also redesignated former Art. XII as Art. XI.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, and general welfare.
This chapter shall not interfere with, abrogate, annul, or repeal any other local law or any rule, regulation, or permit previously or hereafter enacted, adopted, or issued pursuant to law, provided that, unless specifically excepted, where this chapter imposes greater restrictions its provisions shall control.
[Amended 4-4-1995 by L.L. No. 2-1995; 8-20-2013 by L.L. No. 4-2013]
A. 
Violation. Any person who violates or is accessory (as defined in the New York Penal Law, § 20.00) to the violation of any provision of this chapter (other than § 200-9 hereof), who owns, occupies or uses any building, structure or premises which is in violation of any provision of this chapter (other than § 200-9 hereof), who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts, moves, maintains or uses any building, structure or land in violation of any provision of this chapter (other than § 200-9 hereof), shall be guilty of a violation as defined in Article 10 of the NYS Penal Law, and, upon conviction thereof, shall be punishable by a fine of not more than $350 or imprisonment for not more than 10 days, or both, for the first offense. Any subsequent offense within a two-year period shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 days, or both. For purposes of this § 200-92, each week (or portion thereof) that a violation exists shall constitute a separate and distinct offense.
B. 
Misdemeanor. Any person who violates or is accessory to the violation of any provision of § 200-9 hereof, who owns, occupies or uses any building, structure or premises which is in violation of any provision of § 200-9 hereof, who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts, moves, maintains or uses any building, structure or land in violation of any provision of this § 200-9 hereof, shall be guilty of an unclassified misdemeanor as contemplated by Article 10 and § 80.05 of the NYS Penal Law, and, upon conviction thereof, shall be punishable by a fine of not more than $2,500 or imprisonment for not more than 10 days, or both, for the first offense. Any subsequent offense within a three-month period shall be punishable by a fine of not more than $5,000 or imprisonment for a period of not more than 30 days, or both. For purposes of this § 200-92, each week (or portion thereof) that a violation of § 200-92 of this chapter exists shall constitute a separate and distinct offense.
C. 
Injunction; equitable relief. In addition, an action or proceeding may be instituted in the name of the Town in any court of competent jurisdiction to prevent, restrain, enjoin, correct, enforce, and/or abate any violation of, or nonconformance with, any provision or requirement of this chapter. Additionally, any action may be so commenced to declare the rights of the Town and of any other persons relative to any justiciable controversy arising from, under, or in relation to this chapter, whether pertaining to its interpretation, application, legality, or enforceability, or otherwise. No such action or proceeding shall be commenced without the appropriate authorization from the Town Board. If equitable relief is requested in the form of a temporary restraining order, a temporary injunction, or an injunction, or by any other form of prohibition or similar relief, the Town shall not be required to post any bond or undertaking as a condition or requirement for or of such relief, and the Town shall not be required to prove or show a lack of an adequate remedy at law. No right, remedy, or penalty specified in this § 200-92 shall be the exclusive remedy of the Town, and each remedy or penalty specified in this § 200-92 shall be in addition to, and not in substitution for or in limitation of, any other remedies or penalties specified in this chapter or permitted by any applicable law, rule, order, or regulation. Any remedy or penalty specified in this chapter may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this § 200-92.
D. 
Stop-work orders. In addition, any enforcement officer may issue stop-work orders or compliance notices relative to any violation of this chapter. The failure of any person to comply with any such notice or order shall be and be deemed a violation of any other applicable law or ordinance, including, without limitation, the Town's Code Enforcement Local Law and its related rules and regulations, and the New York Executive Law, § 382, and, in each case, such noncompliance or violation may also be enforced as such.
E. 
Costs of enforcement. In the event the Town is required to take legal action to enforce this chapter, the violator will be responsible for any and all necessary costs incurred by the Town relative thereto, including reasonable attorneys', engineering, consulting, and experts' fees; provided, however, that any responsibility or liability therefor, and the amount thereof, shall be determined by a court or other tribunal of competent jurisdiction, and this clause shall be interpreted, construed, and applied only to the maximum extent permitted by applicable law.