It shall be unlawful for person to be in violation of this chapter,
or fail in any manner to comply with any notice, directive or order
of the Code Enforcement Officer.
Any condition caused or permitted to exist in violation of any
of this chapter shall be deemed a public nuisance and shall be abated
as such by the person pursuant to law.
A notice of violation shall be in accordance with all of the
following:
A.
Be in writing.
B.
Include a description of the person sufficient for identification.
C.
Include a statement of the violation or violations and why the notice
is being issued.
D.
Include a correction order allowing a reasonable time to take the
necessary actions to comply with this chapter.
E.
Inform the person of the right to appeal.
F.
Include a statement of any applicable penalties in accordance with
this chapter.
A notice of violation shall be deemed to be properly served
if a copy thereof is:
A.
Delivered to the person personally; or
B.
Sent by certified mail addressed to the person at the last known
address with the return receipt requested; or
C.
If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice.
A notice of violation issued or served as provided by this article
shall be complied with by the person responsible for the condition
or violation to which the notice of violation pertains.
An action or proceeding may be instituted in the name of this
Town, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any provision
of this chapter, or any term or condition of any notice of violation
order or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this chapter. No action or proceeding
described in this section shall be commenced without the appropriate
authorization from the Town Board.
If the notice of violation is not complied with within the period
of time prescribed within such notice, the Code Enforcement Officer
is authorized to request the Town Board to authorize the Town Attorney
to institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination
of the unlawful structure and/or use in violation of the provisions
of this chapter or of the order or direction made pursuant thereto.
A.
Civil penalty. Any person who undertakes any action regulated by
this chapter, or who violates, disobeys or disregards any provision
of this chapter, shall be liable to the Town for a civil penalty not
to exceed $250 per day for every such violation. Each offense shall
be a separate and distinct offense, and, in the case of a continuing
offense, each days' continuance thereof shall be deemed a separate
and distinct offense. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Town.
B.
Criminal penalty. Any violation of any part of this chapter shall
constitute a "violation" as defined in the Penal Law of NYS, 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
days' continuance thereof shall be deemed a separate and distinct
offense. The criminal penalties provided by this subsection shall
be recoverable in an action instituted in the name of this Town.
C.
Restoration. A court of competent jurisdiction may order or direct
a violator to restore the affected land, sign and/or structure to
its condition prior to the offense, insofar as that is possible. The
court shall specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the Code Enforcement
Officer or his/her designate.
