The Code Enforcement Officer of the Town of Marion and any duly
appointed assistant are hereby authorized to issue and serve appearance
tickets with and respect to violations of local law, ordinances, rules
and regulations of the Town of Marion that the Code Enforcement Officer
is required or authorized to enforce; these include:
A. Chapter
103, Alarm Systems, of the Code of the Town of Marion.
B. Chapter
153, Flood Damage Prevention, of the Code of the Town of Marion.
C. Chapter
164, Inspectors, Third-Party, Article
I, Electrical Inspections, of the Code of the Town of Marion.
D. Chapter
206, Property Nuisance Abatement, of the Code of the Town of Marion.
E. Chapter
245, Subdivision of Land, of the Code of the Town of Marion.
F. Chapter
308, Zoning, of the Code of the Town of Marion.
G. New
York State Uniform Fire Prevention and Building Code.
An appearance ticket shall be served personally. Section 150.40,
Subdivision 2, of the Criminal Procedure Law was amended by L.2004,
c. 415, § 1, to insert "except that an appearance ticket
issued for the violation of a local zoning ordinance, or of a local
building or sanitation code may be served in any manner authorized
for service under § 308 of the Civil Practice Law and Rules."
If a defendant fails to appear in court after having been personally
served, he may be prosecuted for violating Penal Law § 215.58.
There is no such penalty if the defendant fails to appear and the
appearance ticket was issued following the procedures in Civil Practice
Law and Rules § 308.