Where the premises were subject to a previous proceeding under
the provisions of this chapter relative to the same or a similar,
related or resultant violation or condition within 180 days prior
to the occurrence or recurrence of the violation or condition subject
of the instant proceeding, then the Village may cause the violation
to be abated or order the owner, occupant or operator to correct the
violation or condition within a period of time not to exceed three
days, and upon failure to do so, the condition may be abated pursuant
to and subject to the provisions of this article. In addition, any
other remedies set forth in other provisions of this chapter or under
New York State law shall be available.
Nothing contained in this chapter shall prevent the Village
from seeking judicial or equitable relief to abate violations of this
chapter.
Any person or persons, association, firm or corporation who
violates any provision of this chapter shall be guilty of a violation,
punishable as follows:
A. For conviction of a first offense, by a fine of not less than $250
and not more than $1,000 or by imprisonment not exceeding five days,
or by both.
B. For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$1,000 and not more than $2,500 or by imprisonment not exceeding 10
days, or by both.
C. For conviction of a third or subsequent offense of a series of offenses,
all of which were committed within a period of five years, by a fine
of not less than $2,500 and not more than $10,000 or by imprisonment
not exceeding 15 days, or by both.
D. Each week in which the violation continues shall constitute a separate
and additional violation and shall be punishable as such pursuant
to this section.
E. The Code Enforcement Officer is authorized and directed to institute
any and all actions and proceedings necessary to enforce this chapter.
The Village Attorney is also authorized to seek damages and any civil
penalties in any civil action, and such penalties shall be in addition
to and not in lieu of any criminal prosecution or other penalties.