Village of Little Valley, NY Enforcement and Penalties

The purpose of this article is to promote and protect the public health, welfare and safety of the Village by providing a uniform means of enforcing the Village Code and various other local laws, ordinances and regulations of the Village and any other county or state codes, local laws, ordinances and regulations of the Village which may be enforced in the Village.

§ 1-3 Penalties for offenses.

[Amended 11-22-2022 by L.L. No. 1-2022]

Unless a specific penalty is provided elsewhere in this Code for a specific violation, any person committing an offense in violation of any provision of this Code shall be guilty of a violation as such term is defined in the New York State Penal Law, punishable by a fine not exceeding $250, imprisonment for up to 15 days, or both such fine and imprisonment.

§ 1-4 Remedies cumulative to other procedures.

In addition to the penalty provided in § 1-3 hereof, and notwithstanding the availability of other remedies for enforcement of the provisions contained in the codes, local laws, ordinances and regulations of the Village, and in any other state or local law, ordinance or regulation enforced by the Code Enforcement Officer, the following remedies and enforcement procedures are made available to enforce the provisions of the aforesaid enumerated codes, local laws, ordinances and regulations, and shall be deemed cumulative to other enforcement procedures and remedies.

Any person who, having been served with a notice or order to correct a violation of the this Code or any other local laws, ordinances or regulations of the Village, fails to comply therewith within the time fixed by the Code Enforcement Officer or his designee shall:

(1)

Be subject to a civil penalty, payable to the Village, of not less than $50 nor more than $250 for each violation, which penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.

(2)

Be subject to an action or proceeding by the Village in any court of competent jurisdiction to compel compliance with or to restrain violation of any provision of this law by injunction or other equitable relief, such equitable remedy to be in addition to any other penalties otherwise prescribed in this or any other law.

§ 1-5 Calculation of separate violations.

For purposes of this article, each week, or part thereof, that a violation continues will constitute a separate violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.

§ 1-6 Procedure for enforcement.

When violation declared. Whenever the Code Enforcement Officer or his designee shall declare that any property, including the buildings, structures, signs or other appurtenances thereon, shall be in violation of any of the codes, rules, regulations, ordinances or local laws of the Village, he shall issue a notice of violation to the person, property owner or occupier in control of or in possession of such property, specifying the code, rule, regulation, ordinance or local law being violated, outlining the facts constituting such violation and the manner in which it must be corrected, and the date by which the violation must be corrected.

When violation not corrected. If such violation is not timely corrected by the person or persons who received such notice, the Code Enforcement Officer or his designee shall have the authority to issue an appearance ticket for said violation, which shall be prosecuted in the Town Justice Court of the Village.

When removal of violation ordered. If the Code Enforcement Officer or his designee proceeds to execute a notice or order issued by him or by the court for the removal of violation, the Code Enforcement Officer or his designee may let contracts therefor. The cost of executing such notice or order or orders, whether or not carried out pursuant to court order, may be met from any appropriations made therefor or, if such appropriation has not been made or is insufficient, from the proceeds of the sale of obligations pursuant to the Local Finance Law. The Code Enforcement Officer shall keep a record of such notices and orders together with the acts done and items of cost incurred in their execution.

(1)

The Code Enforcement Officer shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.

(2)

Notwithstanding the foregoing and in addition to any other remedy available, the Code Enforcement Officer or his designee may maintain an action against the owner to recover the cost of executing such notice or order or orders.

The term "owner" as used in this section shall include any person, firm or corporation, directly or indirectly, in control of the property or any buildings thereon or part thereof.

§ 1-7 Service of notice and orders.

Any notice, order or appearance ticket issued pursuant to this chapter shall be served upon the alleged violator in person, or upon a person of suitable age and discretion on such property, and if not in person, such notice, order or appearance ticket shall be posted in a conspicuous place upon the premises affected and a copy thereof mailed to the alleged violator or party to be charged by first-class mail on the same day, to the affected premises or, if not appropriate, then to the last known address of the party to be charged.

§ 1-8 Conformity, supersession, and applicability of other laws.

The provisions of this article shall be in addition to and shall supplement any and all other laws now or hereafter enacted which apply to the subject matter of this article. Where a provision of this article is found to be in conflict with any provision of any and all laws now or hereafter enacted which apply to the subject matter of this chapter, the provision which is more restrictive or which establishes the higher standard shall prevail when legally permissible.

§ 1-9 Prosecution where different penalties exist for same offense.

In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the local laws of the Village, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.