The Town of Gates Code Compliance Officer or his/her designee
shall have the following alternative remedies for enforcement of this
chapter:
A. Appearance tickets. The Building Inspector or his/her representative
shall have the authority, pursuant to the New York State Criminal
Procedure Law, to issue an appearance ticket subscribed by him/her,
directing a designated person to appear in a designated local criminal
court at a designated future time in connection with the alleged commission
of a designated violation of this chapter or any order made thereunder.
B. Any person or business entity who is the owner of is in charge of
the property who commits a violation of the provisions of this article
or has control of the property and permits a violation to exist shall
upon conviction be guilty of an offense, punishable by a fine of not
less than $1,000 nor more than $5,000 upon a conviction of a first
offense; upon a conviction of a second offense, committed within five
years of the first offense, a fine of not less than $2,000 nor more
than $10,000; and upon conviction of a third or subsequent offense,
committed within five years of the first offense, a fine of not less
than $4,000 nor more than $15,000. Each day, or part thereof, such
violation continues, following notification by the Town or service
of a summons, appearance ticket or notice of violation returnable
before the Town Court, shall constitute a separate offense, punishable
in like manner.
[Amended 6-5-2023 by L.L. No. 2-2023]
C. Penalties for offenses under §
133-7B, Habitually noncompliant vacant buildings or structures. Any person who is found to be owning or having charge or control of any building or structure that is habitually noncompliant under §
133-7B of this chapter shall, upon conviction of any violation of this chapter relating to said building or structure, be punished by the maximum fine of $1,000 for such violation. In the event of any failure to so comply, each and every day that such violation continues shall constitute a separate offense, and the penalties described above shall be applicable to each such separate offense.
[Amended 6-5-2023 by L.L. No. 2-2023]
If any clause, sentence, paragraph, section, article or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This chapter shall take effect immediately.