Any and every violation of the provisions of
this chapter by the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist;
the lessee or tenant of any entire building or entire premises where
such violation has been committed or shall exist; 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, builder, contractor or any other person,
corporation or firm who (which) knowingly commits, takes part or assists
in any such violation or who (which) maintains any building or premises
in which such violation shall exist is hereby declared to be an offense.
Each offense is punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for a conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction of a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $700 nor more
than $1,000 or imprisonment for a period not to exceed six months,
or both. For the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
In case any building or structure is erected,
constructed, reconstructed, altered, converted or maintained or any
building, structure or land is used or any land is divided into lots,
blocks or sites in violation of this chapter, the proper local authorities
of the Town, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance, use or division
of land, to restrain, correct or abate such violation, to prevent
the occupancy of said building, structure or land or to prevent any
illegal act, conduct, business or use in or about such premises; and
upon the failure or refusal of the proper local officer, board or
body of the Town to institute any such appropriate action or proceeding
for a period of 10 days after written request by a resident taxpayer
of the Town so to proceed, any three taxpayers of the Town residing
in the district wherein such violation exists, who are jointly or
severally aggrieved by such violation, may institute such appropriate
action or proceeding in like manner as such local officer, board or
body of the Town is authorized to do.
Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Code Enforcement Officer,
who shall properly record such complaint, immediately investigate
and file a written report with the Town Board within 20 days of receipt
of the complaint.
