[Amended 4-6-2011 by Ord. No. 2011-02]
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law or ordinance as well as any regulation or rule promulgated by the Director of Planning and Development or designee in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Director of Planning and Development or designee or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. No person shall commence any work for which a building permit is required without first having obtained a building permit issued by the Building Department.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day’s continued violation constitutes a separate offense unless otherwise provided herein. Each offense shall be punishable by a fine of not less than $100 nor more than $250, unless otherwise provided herein.
C. 
Any person who shall fail to comply with a written order of the Director of Planning and Development or designee within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or any property who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Director of Planning and Development or designee made thereunder shall be punishable by a fine of not less than $250 nor more than $500. Each day that a violation continues shall be deemed a separate offense.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
D. 
Except as provided otherwise by law, such violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such offense.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
If any person fails to comply with the written order of the Director of Planning and Development or designee within the time fixed for compliance therewith or if any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or any property should knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Director of Planning and Development or designee made thereunder and, as a result of such failure to comply or such violation, injury occurs to any person, property or building, whether or not the person, property or building so injured is the cause or subject of said violation(s), then the person who failed to comply with the written order of the Director of Planning and Development or designee or the person who knowingly violated the applicable provision of law or order, notice, directive, permit or certificate of the Director of Planning and Development or designee shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000 or imprisonment for not more than one year. For the purpose of establishing the maximum amount of fine that may be assessed, each day that a violation continues shall be deemed a separate offense.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.