[Adopted 2-5-1974 as §§ 1-8, 1-9 and 1-10 of Chapter 1 of the 1974 Code]
[Amended 1-18-1978 by L.L. No. 1-1978; 8-3-1999 by L.L. No. 2-1999; 11-6-2024 by L.L. No. 19-2024]
A. 
Whenever in this Code or in any law or resolution of the Village any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or law or resolution the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific fine or penalty is provided therefor, the violation of any provisions of this Code or any such resolution shall constitute a Code violation and shall be punishable by a fine of not less than $100 nor more than $250 or by a term of imprisonment not exceeding 15 days, or both, for the first violation; a fine of not less than $175 nor more than $250 or by a term of imprisonment not exceeding 15 days, or both, for the second violation committed within one year of the first violation; a fine of $250 of a term of imprisonment not exceeding 15 days, or both, for the third and subsequent violations committed within two years of the first violation. Each day any violation of any provision of this Code shall continue shall constitute a separate violation.
B. 
Whenever a corporation is convicted of a violation of any provision of this Code, the corporation shall be punishable by a fine of not less than $275 nor more than $500, for the first violation; a fine of not less than $400 nor more than $500 for the second violation committed within one year of the first violation; a fine of $500 for the third and subsequent violations committed within two years of the first violation. Each day any violation of any provision of this Code shall continue shall constitute a separate violation.
C. 
In addition to the fine or penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such law or resolution shall be deemed a public nuisance and may be abated, by the Village as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
D. 
Alternative sentence. If a person has gained money or property through the commission of any violation of this Code, then, upon conviction thereof, the court, in lieu of imposing the fine authorized for the offense under this Code, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the offense, as such gain is reasonably determined by the court after a hearing. Where the offense involves residential property, the court may find as the fair market rent to be 100% of the small area fair market rent (SAFMR) for Ossining as published annually by the Department of Housing and Urban Development.
In all cases where the same offense may be made punishable or shall be created by different clauses or sections of the 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.
Obedience to the provisions hereinafter set forth may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in § 1-16, or by civil action for a penalty, or by civil remedy at law or equity by way of injunction, or otherwise to abate or prevent a violation of the provisions of this Code. Neither a judgment in, nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in nor the pendency of a civil action at law or in equity shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil actions to enjoin or abate a violation shall be cumulative.
[Added 11-6-2024 by L.L. No. 19-2024]
Any person or entity who or which causes, permits, suffers or allows any other person or entity to perform an act or refrain from the performance of any act which is a violation of this Code shall be subject to the penalties detailed in the Code as if such person or entity committed the violation. The owner, agent, landlord, or tenant of any building, structure, premises or land, or any part thereof, in or on which any violations of any provision of this Code shall have been committed or shall exist and any agent, builder, contractor, corporation or any other person who commits, assists or was employed in connection with such violation or who maintains any building, structure, premises or land in or on which such violation shall exist shall be deemed to have notice of such violation, shall be guilty of a separate violation and for the violation committed and shall be punishable as provided in the Code.