[Adopted 10-16-1997 by Ord. No. 97-21 as
Ch. 3.16 of the 1997 Municipal Code]
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of law
or ordinance, as well as any regulation or rule promulgated by the
Code Enforcement Officer in accordance with applicable laws, or to
fail in any manner to comply with a notice, directive or order of
the Code Enforcement Officer, or to construct, alter, use or occupy
any building or structure or part thereof in a manner not permitted
by an approved building permit or certificate of occupancy.
[Amended 12-15-2005 by Ord. No. 2005-20]
B.
Any person who shall fail to comply with a written
order of the Code Enforcement Officer within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents, or any
other person taking part or assisting in the construction or use of
any building who shall knowingly violate any of the applicable provisions
of law, or any lawful order, notice, directive, permit or certificate
of the Code Enforcement Officer made thereunder shall be punishable
by fine of not more than $1,000 per day of violation or imprisonment
not to exceed one year, or both.[1]
C.
Except as provided otherwise by law, such a violation
shall not be a crime and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment, and shall not impose any disability upon or affect or
impair the credibility as a witness, or otherwise, of any person found
guilty of such an offense.
A.
Appropriate action and proceedings may be taken at
law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises and these remedies shall be in
addition to penalties otherwise prescribed by law.
B.
Repeat inspection fees.
(1)
Whenever
the Code Enforcement Officer has notified a property owner in writing
of any violation of the New York State Uniform Fire Prevention and
Building Code or any other appropriate law, and within two years of
that written notification a subsequent notice of violation or order
of violation is issued to the same property owner for a violation
of the same code or standard then a repeat inspection fee may be assessed
for each subsequent notice of violation or order of violation that
is sent to the property owner by the Code Enforcement Officer by certified
mail.
[Added 2-2-2006 by Ord. No. 2006-001]
