[Adopted 9-17-1979 as part of L.L.
No. 1-1979, effective 10-15-1979]
A.
The provisions of this Code may be enforced by such
legal or equitable proceedings as are or may be provided or authorized
by law.
B.
In addition to any civil penalty or remedy specifically
provided in any chapter of this Code for violation of any of the provisions
thereof or for the abatement of the same and except where a criminal
or quasi-criminal penalty shall be specifically set forth in any chapter
of this Code for violation of any of the provisions thereof, any person
who shall violate any of the provisions of this Code shall be guilty
of a violation and shall, upon conviction by a court of competent
jurisdiction, be sentenced to a term of imprisonment not to exceed
15 days and/or a fine not to exceed the following amounts for the
chapters indicated:
[Amended 11-16-1992 by L.L. No. 1-1992]
(1)
Chapters of the Code, and all rules, regulations,
resolutions and restrictions adopted in connection therewith, for
which the maximum fine for a violation thereof shall not exceed $500:
(2)
(3)
Chapters of the Code, and all rules, regulations,
resolutions and restrictions adopted in connection therewith or otherwise,
for which the maximum fine for a violation thereof shall not exceed
$250:
(a)
All chapters of the Code, and all rules, regulations, resolutions and restrictions adopted in connection therewith or otherwise, not specifically set forth in Subsections B(1) and (2) above.[3]
[3]
Editor's Note: Resolution No. 35, adopted
11-16-1992, which adopted L.L. No. 1-1992, also provided for an enumeration
of all chapters of the Code and the penalty associated with violation
of them.
(4)
The Incorporated Village of Sea Cliff is aware of and duly acknowledges the existence of § 20-2006 of the Village Law of the State of New York, and hereby supersedes such section. Any person or corporation whether as owner, lessee, architect, building contractor or the agent or employee of any of them who violates or is accessory to the violation of any provision of Chapter 138, entitled “Zoning” or any regulation made under the authority conferred by Chapter 138 or who shall erect, construct, alter, enlarge, convert, or move any building or structure without a building permit or in violation of any statement or plans submitted and approved under the provisions of Chapter 138, or who shall use any building, structure or land in violation of Chapter 138 or any regulation made under the authority conferred by Chapter 138 or violation of any building permit (including a special use permit or variance) without a building permit or certificate of occupancy where one is required by Chapter 138 shall, upon conviction, be guilty of a violation pursuant to Chapter 138 only, unless otherwise designated by law, punishable by a fine of not more than $2,000 or imprisonment of not more than 15 days, or both. The conviction of a second violation of any such provision or regulation, both of which were committed within a period of five years, shall be punishable by a fine of not more than $5,000 or imprisonment of not more than 15 days, or both. The conviction of a third or subsequent violation of any such provision or regulation, all of which were committed within a period of five years, shall be punishable by a fine of not more than $10,000 or imprisonment of not more than 15 days, or both. Each week’s continued violation shall constitute a separate additional violation.
[Added 10-9-2007 by L.L. No. 10-2007]
C.
In addition to the foregoing, any person who shall
violate any of the provisions of this Code shall be a disorderly person
deemed to have committed a petty offense and may be prosecuted pursuant
to law for the violation of a petty offense.[4]
[4]
Editor's Note: See Village Law § 20-2006,
Subdivision 3; Criminal Procedure Law § 1.20, Subdivision
39; and Penal Law §§ 70.15, Subdivision 4, and 80.05,
Subdivision 4.
[1]
Editor's Note: See Municipal Home Rule Law
§ 10, Subdivision 4(b); and Village Law §§ 20-2000
and 20-2006, Subdivision 1.
The imposition of a penalty as provided above,
or as specifically provided in any other chapter of this Code, shall
be in addition to any injunctive or remedial relief which is authorized
under the laws of the State of New York with the same force and effect
as though provided for herein or by this Code. Such additional remedy
shall not be deemed to be in lieu of any provision for revocation
or suspension of any license or permit.
The continuation of an offense for each successive
day shall constitute a separate violation, and the person or persons
allowing or permitting the continuation of the offense may be punished
as provided above for each separate violation.
[Added 4-15-1985 by L.L. No. 2-1985; amended 3-16-1987 by L.L. No. 1-1987, effective
4-6-1987]
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 offense
and for the offense committed and shall be punishable as provided
herein.
