This chapter is adopted pursuant to the zoning and planning
powers granted to the Village under applicable law. In the event of
any violation of this law or any permit(s) issued hereunder, the Village
may seek enforcement under available authority, including, but not
limited to Village Law.
A.
Any violation of this chapter is an offense punishable by a fine
not exceeding $250 or by imprisonment for a term not exceeding 15
days, or by both such fine and imprisonment. Each week's continued
violation shall constitute a separate additional violation. A first
violation shall be deemed to have occurred from the date of written
notification of violation issued by the Code Enforcement Officer or
from such date as may be designated in such written notice.
B.
Any entity operating under a tower special use permit that fails
to comply with the requirements and/or conditions of that permit,
or violates the same, shall cease and desist use of the facility upon
notice by the Village of Elmira Heights Code Enforcement Officer and
shall not resume use until brought into compliance. Once the deadline
has passed for rectifying the violation, the Village may direct the
removal of the tower, antennas and other facilities within 90 days
of notification by the Village directing such removal, or the Village
may remove said facilities and use the demolition bonds posted to
pay for such removal.
C.
Failure to comply with direction to cease and desist or to remove
shall constitute a separate violation.
