A.
This Part 2 shall be enforced by the Fire Inspector,
Assistant or Deputy Fire Inspector, Building Inspector or Assistant
Building Inspector of the Village of Airmont.
B.
The Fire Inspector of the Village of Airmont and any
Assistant or Deputy Fire Inspectors of the Village of Airmont shall
serve under the immediate direction and control of the Building Inspector
of the Village of Airmont.
The Fire Inspector or Assistant or Deputy Fire
Inspector, Building Inspector or Assistant Building Inspector may
at all reasonable hours enter any building or premises for the purpose
of making any inspection or investigation which, under the provisions
of this Part 2, may be deemed necessary.
A.
It shall be the duty of the Fire Inspector or Assistant
or Deputy Fire Inspectors to inspect all buildings and premises except
single-family and two-family dwellings as often as may be necessary
for the purpose of ascertaining and causing to be corrected any condition
liable to cause a fire, contribute to the spread of a fire, interfere
with fire-fighting operations or endanger life or any violation of
the provisions or intent of this Part 2 or any other ordinance or
law affecting firesafety.
B.
The Fire Inspector or Assistant or Deputy Fire Inspectors
shall investigate the cause, origin and circumstances of every fire
occurring in the Village of Airmont which is of an unknown cause or
of a suspicious nature or involves the loss of life or injury to persons
or has caused substantial property damage. Such investigation shall
be made as soon as possible upon the occurrence of any such fire and,
if it appears that the fire is the result of arson, the Fire Inspector
shall immediately notify the proper authorities designated by law
to investigate such matters.
The service of orders for the correction of
violations of this Part 2 shall be made upon the owner, occupant or
other person responsible for the conditions either by delivering the
same to and leaving a copy of the same to such person or by delivering
the same to and leaving it with any person in charge of the premises
or, in case no such person is found upon the premises, by affixing
a copy thereof in a conspicuous place on the door to the entrance
of said premises and by mailing a copy of the order to the owner,
occupant or other person responsible for the condition by regular
first-class mail and/or certified mail at the last known address of
such owner, occupant or other person. Whenever it may be necessary
to serve such an order upon the owner of premises and such owner is
absent from the jurisdiction of the Village, such order may be served
by sending such copy by regular first-class and/or certified mail
to the owner's last known post office address as shown on the latest
tax roll of the Village.
The enforcement officials, as designated in § 80-49, shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for violation of any section of this Part 2 or any provisions of the New York State Uniform Fire Prevention Code or successor standards adopted by New York State.
A.
In addition to any punishments imposed by any other
statute, law or ordinance, every person violating any of the requirements
or other provisions of this Part 2 shall be liable for a fine not
to exceed $1,000 a day for each day the offense is continued or by
imprisonment not exceeding one year, or both such fine and imprisonment,
or other penalty that may be imposed by the judicial authority.
B.
A sentence to pay a fine which is imposed on a corporation for an offense defined in this Part 2 shall be in conformity with § 80.10 of the Penal Law and shall be treated as a Class B misdemeanor for the purposes of fixing the amount.
C.
The continuation of an offense against the provisions
of this Part 2 shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder.
D.
A violation of § 80-27C shall be punishable by the following penalties:
[Added 3-19-2018 by L.L.
No. 2-2018]
(1)
For a first conviction: a fine of not less than $250.
(2)
For a second conviction within a twelve-month period: a fine of not
less than $500.
(3)
For a third conviction within a twelve-month period: a fine of not
less than $1,000.
(4)
For a fourth conviction within a twelve-month period: a fine of not
less than $2,000.
(5)
For any subsequent conviction within a twelve-month period: the fine
shall increase by no less than $1,000 for each subsequent violation.
