It shall be unlawful for any owner to establish and/or cause
to operate an adult entertainment establishment or portion thereof
in violation of any provisions of this chapter or fail in any manner
to comply with any notice, directive or order of the Code Enforcement
Officer.
Whenever the Code Enforcement Officer determines that there
has been a violation of this chapter or has grounds to believe that
a violation has occurred, or a failure in any manner to comply with
any notice, directive or order of the Code Enforcement Officer has
occurred, a notice of violation shall be given in the manner prescribed
in this article to the owner of any property thereof in violation
of any provisions of this chapter.
A notice of violation shall be in accordance with all of the
following:
A.Â
Be in writing.
B.Â
Include a description of the real estate sufficient for identification.
C.Â
Include a statement of the violation or violations and why the notice
is being issued.
D.Â
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring any fence into compliance
with this chapter.
E.Â
Inform the owner of the right to appeal.
F.Â
Include a statement of any applicable penalties and the right to
file a lien in accordance with this chapter.
A notice of violation shall be deemed to be properly served
if a copy thereof is:
A.Â
Delivered to the owner personally;
B.Â
Sent by certified or registered mail addressed to the owner at the
last known address, with the return receipt requested; or
C.Â
Posted in a conspicuous place in or about the structure affected
by such notice, if the notice is returned showing that the letter
was not delivered.
A notice of violation issued or served as provided by this article
shall be complied with by the owner, operator, occupant and other
person responsible for the condition or violation to which the notice
of violation pertains.
The Code Enforcement Officer is authorized to issue appearance
tickets for any violation of this chapter.
The Code Enforcement Officer shall cause the appearance ticket
to be served on the owner of the affected property as provided by
law.
Any violation of any part of this chapter shall constitute a
violation as defined in the Penal Law of the State of New York and
shall be punishable by a fine not to exceed $250, or 15 days'
imprisonment, or both such fine and/or imprisonment. Each offense
shall be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense.
