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.