Except as otherwise provided herein, the penalties
provided in this Article shall be applicable to any violation of any
law, ordinance or regulation of the Village of Woodsburgh committed
on or after the effective date of this Article. Except as otherwise
provided herein, all penalty provisions heretofore enacted by the
Village of Woodsburgh shall be and hereby repealed.
[Amended 6-29-2020 by L.L. No. 3-2020; 7-24-2023 by L.L. No. 3-2023]
With respect to any violation of any provision of Chapters
55,
77,
85,
136 and
150 of the Code of the Village of Woodsburgh, any owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which such violation shall exist shall be punishable as follows:
A. Where the Building Department has informed the person or entity,
in writing or orally, that the action or work charged as an offense
required any Village board or department approval prior to the commencement
of such action or work, by a fine of not less than $2,000 nor more
than $3,500 for conviction of a first offense.
B. Where the Building Department has not informed the person or entity,
in writing or orally, that the action or work charged as an offense
required any Village board or department approval prior to the commencement
of such action or work, by a fine of not less than $1,000 nor more
than $3,000 for conviction of a first offense.
C. For conviction of a second violation of any provision of Chapter
55,
77,
85,
136 or
150, regardless of whether any notice preceded the first offense, committed within a period of one year after the first offense, such violation shall be punishable by a fine not less than $2,500 nor more than $5,000.
D. For conviction of a third violation of any provision of Chapter
55,
77,
85,
136 or
150, regardless of whether any notice preceded the first offense, committed within a period of one year after the second offense, such violation shall be punishable by a fine not less than $5,000 nor more than $7,500. Each day's continued violation shall constitute a separate additional offense.
[Amended 6-29-2020 by L.L. No. 3-2020]
A. Except where such penalty is provided for in §
1-15 of the Village Code or where a different penalty would apply to the operation or parking of a motor vehicle, each person or entity who violates any provision of any law, ordinance or regulation of the Village of Woodsburgh or fails to timely comply with a properly issued notice shall, for each and every day that said offense exists or continues, be subject to a penalty as prescribed herein, upon conviction. For a continuing offense, each day's violation shall constitute a separate additional offense.
B. A first offense shall be punishable by a fine not to exceed $1,000
per offense or per day, as the case may be. For a continuing offense,
each day, for the first six days after the date of the original offense,
shall be punishable by a fine not to exceed $1,000 per offense, per
day.
C. A second offense, which was committed within a period of one year
of the first offense, shall be punishable by a fine of not less than
$750 nor more than $1,500.
D. For a conviction of a third and/or subsequent offense committed within one year of the first offense, such offense shall be punishable by a fine not less than $1,000 nor more than $2,500. For a continuing offense, each day after the first seven days (which are otherwise subject to penalty under §
1-16B) shall be punishable by a fine of not less than $1,000 nor more than $2,500, per offense, per day.
To the extent that this article is inconsistent
with or in contravention of the provisions of § 20-2006,
Subdivisions 1a and 1-a, of the Village Law, this article shall be
deemed to have superseded and amended said provisions of the Village
Law.
This article shall take effect immediately upon
filing pursuant to the Municipal Home Rule Law, except that the provisions
of this article shall not affect any proceedings or prosecutions presently
pending with respect to any violation committed before the effective
date of this article, as to which such violation the penalty provisions
repealed or superseded by this article shall remain effective.