It shall be unlawful for any person, firm or
corporation to construct, alter, repair, remove, move, demolish, equip,
use, occupy or maintain any building or structure or portion thereof
in violation of any provisions of this chapter or fail in any manner
to comply with any notice, directive or order of a Code Enforcement
Officer or to construct, alter or use and occupy any building or structure
or part thereof in a manner not permitted by an approved building
permit or certificate of occupancy.
The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of this
Code and/or the Uniform Code.
In addition to those penalties proscribed by state law, any person who violates any provision of Chapter
185 of this Code, the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, demolition permit, certificate of occupancy/compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by a Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to pay 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 subdivision shall be recoverable in an action instituted in the name of the Town.
An action or proceeding may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of Chapter
185 of this Code, the Uniform Code, the Energy Code, this chapter, any other chapter of this Code, or any term or condition of any building permit, demolition permit, certificate of occupancy/compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by a Code Enforcement Officer 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 Chapter
185 of this Code, 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 the 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 of the Town.
No remedy or penalty specified in this article
shall be the exclusive remedy or penalty available to address any
violation described in this article, and each remedy or penalty specified
in this article shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
chapter, any other chapter of this Code, or in any other applicable
law. Any remedy or penalty specified in this article may be pursued
at any time, whether prior to, simultaneously with, or after the pursuit
of any other remedy or penalty. In particular, but not by way of limitation,
each remedy and penalty specified in this article shall be in addition
to, and not in substitution for or limitation of, the penalties specified
in Subdivision (2) of § 382 of the Executive Law, and any
remedy or penalty specified in this article may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit
of any penalty specified in Subdivision (2) of § 382 of
the Executive Law.