The Town Board may from time to time on its
own motion or on petition or on recommendation of the Planning Board
amend, supplement, change, modify or repeal this chapter pursuant
to the provisions of the Town Law applicable thereto. Every such proposed
amendment shall be referred to the Planning Board for a report prior
to the public hearing thereon.
[Amended 6-20-2001 by L.L. No. 3-2001]
A. Failure to comply with this chapter shall constitute
a violation. Each week's continued violation shall constitute a separate
additional violation. The owner or general agent of a building or
premises or land where violation of any provision of this chapter
has been committed or shall exist; or the lessee or tenant of an entire
building or entire premises or land where such violation has been
committed or shall exist; or the owner, general agent, lessee or tenant
of any part of the building or premises or land in which such violation
has been committed or shall exist; or the general agent, lessee or
tenant of any part of the building or premises or land in which such
violation has been committed or shall exist; or the general agent,
architect, builder, contractor or any other person or entity who commits,
takes part or assists in any such part thereof in which any violation
shall exist, shall be in violation of this chapter. Conviction of
a violation of this chapter shall be subject to a fine as follows:
[Amended 9-27-2023 by L.L. No. 9-2023]
(1) For a first violation, a fine up to a maximum amount of $350.
(2) For a second violation, where both violations were committed within
a period of five years, a fine of not less than $350 nor more than
$700.
(3) For a third or subsequent violation, all of which were committed
within a period of five years, a fine of not less than $700 nor more
than $1,000.
B. In addition, the Town authorities shall have such
other remedies as are provided by law to restrain, correct or abate
any violation of this chapter, and the violator shall be liable to
the Town of Henrietta for a civil penalty of $100 for each such violation,
to be recovered in a civil action.
The adoption of this chapter shall not affect
or impair any act done, offense committed or right accrued or acquired
or liability, penalty, forfeiture or punishment incurred prior to
the time this chapter takes effect under the prior Zoning Ordinance
of the Town of Henrietta adopted June 2, 1954, and all subsequent
amendments thereto, but the same may be enjoyed, asserted, enforced,
prosecuted or inflicted as fully and to the same extent as if this
chapter had not been adopted. All actions and proceedings commenced
under or by virtue of said former ordinance and the amendments thereto
and pending at the time this chapter takes effect may be prosecuted
and defended in the same manner as they might have been if this chapter
had not been adopted.