It shall be unlawful for any owner to undertake a cluster development,
lot consolidation, lot line adjustment or subdivision in this Town
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.
Any condition caused or permitted to exist in violation of any
of the provisions of this chapter shall be deemed a public nuisance
and shall be abated as such by the owner in accordance with the applicable
provisions of this chapter.
A notice of violation shall be in accordance with all of the
following:
A.
Be in writing.
B.
Include a description of the real estate 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 make the
repairs and improvements required to bring any land into compliance
with the provisions of this chapter.
E.
Inform the owner of the right to appeal.
F.
Include a statement of any applicable penalties and the right to
file a levy 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 owner personally;
B.
Sent by certified mail addressed to the owner at the address prescribed
in the records of the Town Assessor with a 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 owner, operator, occupant and other
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,
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter. In particular, but not by way of
limitation, where a cluster development, lot consolidation, lot line
adjustment or a subdivision is in violation of any provision of this
chapter, or any notice of violation or other order issued pursuant
to this chapter, an action or proceeding may be commenced in the name
of this Town, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the abatement
of the condition in violation of such provisions. 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 of a final
plat recorded at the office of the County Clerk that is 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 civil penalty not
to exceed $300 per day for every such violation. 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. 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
day's 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 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.
