[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]
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]
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]
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.