The Building Inspector is authorized to order, in writing, the
remedying of any condition or activity found to exist in, on or about
any building, structure, or premises in violation of the Uniform Code,
the Energy Code, or this chapter. Upon finding that any such condition
or activity exists, the Building Inspector shall issue a compliance
order. The compliance order shall:
B. Be dated and signed by the Building Inspector;
C. Specify the condition or activity that violates the Uniform Code,
the Energy Code, or this chapter;
D. Specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter which is/are violated by the specified condition
or activity;
E. Specify the period of time which the Building Inspector deems to
be reasonably necessary for achieving compliance;
F. Direct that compliance be achieved within the specified period of
time; and
G. State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
The Building Inspector shall cause the compliance order, or a copy
thereof, to be served on the owner of the affected property personally
or by certified mail, return receipt requested. The Building Inspector
shall be permitted, but not required, to cause the compliance order,
or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work being performed
at the affected property personally or by certified mail, return receipt
requested; provided, however, that failure to serve any person mentioned
in this section shall not affect the efficacy of the compliance order.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any owner, person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of this chapter or in violation of any rule promulgated by the Building
Inspector in accordance with applicable laws, or to fail in any manner
to comply with a notice, directive or order of the Building Inspector,
or to construct, alter, use or occupy any building or structure or
part thereof in a manner not permitted by an approved building permit
or certificate of occupancy. Violations of this section shall be punishable
by a maximum fine of $1,000. Each day that a violation continues shall
be deemed a separate offense.
The Building Inspector, and any inspectors as may be appointed
by the Town Board, shall have the authority to issue appearance tickets
under Article 150 of the Criminal Procedure Law of this state for
purposes of enforcement of the Uniform Code, the Energy Code and this
chapter.
In addition to those penalties prescribed by state law, any
person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any building permit,
certificate of occupancy, temporary certificate, stop-work order,
operating permit or other notice or order issued by the Building Inspector
pursuant to any provision of this chapter, shall be liable to a civil
penalty of not more than $200 for each day or part thereof during
which such violation continues. The civil penalties provided by this
section shall be recoverable in an action instituted in the name of
this Town.
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 the Uniform Code, the Energy Code, this chapter, or any term or
condition of any building permit, certificate of occupancy, temporary
certificate, stop-work order, operating permit, compliance order,
or other notice or order issued by the Building Inspector pursuant
to any provision of this chapter. In particular, but not by way of
limitation, where the construction or use of a building or structure
is in violation of any provision of the Uniform Code, the Energy Code,
this chapter, or any stop-work order, compliance order or other order
obtained under the Uniform Code, the Energy Code or 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 removal of the building or structure
or an 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. The Town
may also recover, in such action, its reasonable and necessary attorneys'
fees and court costs in prosecuting such claim.
No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in Article
V of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in Article
V of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in § 382, Subdivision 2, of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in § 382, Subdivision 2, of the Executive Law.