A.
In the event that a violation of the Uniform Code
is found in an existing building or structure, a list of violations
with the specific code numbers shall be sent to the proper individual
and corrected within a period not exceeding 30 days.
B.
If, upon a follow-up inspection, the violations are
found to still exist, the Department shall issue an order to remedy
and inform the person in violation of the penalties involved and grant,
as a time limit, a maximum amount of time to be determined by the
Department.
[Amended 6-22-1998[1]]
[1]
Editor's Note: This ordinance also repealed
former Subsection C, regarding litigation or appearance tickets for
uncorrected violations, as amended, which immediately followed this
subsection.
[Added 6-22-1998]
If an unlawful condition or use is found not
to have been properly remedied or made to comply with the provisions
of this chapter, the Director of Code Enforcement, Building Inspector
or Housing Inspector is empowered to immediately institute any appropriate
action, charge or proceedings in the proper legal court for prevention,
cessation or discontinuance of any condition, use, occupancy or act
in, on, of or around any building, structure or tract of land, and
for the prosecution of any owner, occupant or offender.
[Amended 10-28-1996 by L.L. No. 4-1996; 6-22-1998]
A.
A violation of any provision of this chapter shall
be punishable by a fine of up to $100. Each day of continued violation
shall constitute a separate additional violation. If more than one
provision is violated, each provision violated shall be considered
a separate violation, each liable to the maximum penalties as herein
specified.
B.
Criminal penalties for violations.
(1)
Any person who willfully or recklessly violates any
provision of this chapter; willfully or recklessly violates or fails
to comply with any requirement of an order of the Department; or willfully
makes or causes any other person to make any false or misleading statement
on any notice or other document required to be filed pursuant to this
chapter or on any application or any accompanying document for the
granting of any permit or any other action by the Department pursuant
to this chapter shall be guilty of an offense punishable by a fine
of not less than $100 nor more than $250 for each violation or by
imprisonment for up to 15 days, or by both such fine and imprisonment,
or other penalties pursuant to the Penal Law of the State of New York.
(2)
A person commits a willful violation when he/she intentionally
acts, or intentionally fails to act, to cause a desired result that
violates this chapter. A person commits a reckless violation when
he/she acts, or fails to act, with a conscious disregard of a substantial
risk that the act or failure to act will result in a condition, constituting
a violation of this chapter, which will endanger the life, health,
safety or general welfare of another person.
(3)
In a prosecution for a willful or reckless violation
of a provision of this chapter, evidence of prior service of civil
process or of prior judgments from the same violation and relating
to the same premises shall be admissible on the issue of the defendant's
knowledge of the existing violation.
(4)
Evidence that the defendant had knowledge or notice
of the violation and failed to correct the same for more than one
month or take reasonable action to explain to the Department this
failure shall be evidence of the willfulness of the defendant's action.
This subsection shall not be construed to prevent conviction for a
willful violation on other grounds.
(5)
Any person who refuses entry or access to an officer
or an inspector of the Department to any premises or any part thereof
that the officer or inspector is lawfully authorized to inspect or
who unreasonably interferes with an authorized inspection shall be
guilty of an offense, punishable by a fine of not more than $50 or
by imprisonment for not more than five days, or by both such fine
and imprisonment, or other penalties pursuant to the Penal Law of
the State of New York.
