[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne 9-3-1975 by L.L. No.
2-1975; amended in its entirety 2-21-2013 by L.L. No. 2-2013 (Ch.
43A of the 1972 Code). Subsequent amendments noted where applicable.]
The purpose of this chapter is to ensure that the Village of
Malverne is reimbursed for the negligent, reckless or intentional
actions of individuals who damage Village property and to prevent
individuals from damaging any such Village property without accountability.
It shall be unlawful and a violation of this chapter for any
individual or corporation to intentionally, negligently or recklessly
damage property of the Village in any manner. In addition to any other
legal remedies, any individual or corporation who or which violates
this chapter shall be subject to the jurisdiction of the Village Court
and may receive a summons issued by either the Police Department or
the Building Department for any such violation.
When an individual or corporation has been found to have violated
this chapter, that the following penalties may be ordered by the court:
A.
A fine of not more than $350 for any such violation; further, in
the event an individual is responsible for intentionally damaging
property, that individual may be subject to up to 15 days' incarceration.
B.
In the event that the party receiving the summons has not repaired
or remedied the damage within 15 days after receipt of the summons
to the satisfaction of the Malverne Building Department, it is understood
that the court may order restitution for the reasonable costs and
value of services by the Malverne Building Department for the repair
of the personal or property damage as part of a sentencing proceeding,
upon a finding of a violation of this chapter. Additionally, in the
event that a party fails to pay a restitution order issued by the
court, it is understood that the amount of the repairs may be levied
as a municipal lien on the property of the individual or corporation
if said individual is a resident of Malverne.[1]
This chapter shall take effect on March 1, 2013.
