Town of Lyons, NY
Wayne County
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It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building, structure, land or portion thereof in violation of any provision of this chapter or fail in any manner to comply with any notice, directive or order of the Code Enforcement Officer or to construct, alter or use and occupy any building, structure, land or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
The Code Enforcement Officer shall determine the existence of violations of the provisions of this chapter through such investigations as he or she shall conduct pursuant to the issuance of building permits and certificates of occupancy and through the prompt investigation of such written complaints as are filed with him or her by persons having reason to believe that such violations exist. The Code Enforcement Officer may also determine the existence of such violations by means of investigations conducted at his or her own initiative.
Whenever it is found that there has been a violation of this chapter or any rule or regulation adopted pursuant to this chapter, a violation notice and/or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
Violation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from receipt of said violation notice unless said ten-day period shall be modified in the discretion of the enforcement officer issuing such violation notice, or unless a shorter or longer period of time has been prescribed in this chapter.
Violation notices and other orders or notices referred to in this chapter shall be served on the person committing or permitting such violation or on the owner, or one of the owner's executors, legal representatives, agents, lessees, any tenant or other person occupying the premises, or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, if any, of such owner, tenant, or occupant, as shown by the last preceding completed record of the Receiver of Taxes or in the office of the County Clerk.
The Code Enforcement Officer shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket subscribed by him, directing a designated person to appear in court at a designated time in connection with the commission of a violation of this chapter or any order made thereunder.
Any person, firm or corporation who or which fails to comply with or violates any provision of this chapter shall be guilty of an offense punishable as follows:
For the first offense, a fine of not less than $50 nor more than $350 or imprisonment for up to six months, or both.
For the second offense within five years, a fine of $350 to $700 or imprisonment for up to six months, or both.
For the third or subsequent offense within five years, a fine of $700 to $1,000 or imprisonment for up to six months, or both.
Each week such violation continues shall constitute a separate violation, and the imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.