No officer, agent or employee of the City shall
render himself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his duties under this chapter. Any suit brought against
any officer, agent or employee of the City as a result of any act
required or permitted in the discharge of his duties under this chapter
shall be defended by the Corporation Counsel of the City until the
final determination of the proceedings thereon.
[Amended 7-26-1979 by L.L. No. 1-1979; 6-3-1996 by Ord. No. 96-31; 6-3-1996 by Ord. No. 96-33]
A. Failure to comply with the terms of this chapter shall
be a violation as defined by the Penal Law of the State of New York
and shall be punishable as follows:
[Amended 11-22-2010 by Ord. No. 2010-18]
(1) For
a first offense: by a fine of not less than $500 nor more than $1,000.
(2) For
a second offense of a prior violation of this chapter by the same
person(s), firm(s) and/or corporation(s): by a fine of not less than
$750 nor more than $1,500 or by a term of imprisonment of not less
than five days nor more than 15 days, or by both such fine and imprisonment.
[Amended 9-12-2011 by Ord. No. 2011-16]
(3) For
a third offense and any subsequent offenses thereafter of a prior
violation of this chapter by the same person(s), firm(s) and/or corporation(s):
by a fine of not less than $1,500 nor more than $3,000 or by a term
of imprisonment of not less than five days nor more than 15 days,
or by both such fine and imprisonment.
[Amended 9-12-2011 by Ord. No. 2011-16]
(4) In
the alternative, each violation of this chapter may be punishable
by a penalty of not less than $500 nor more than $3,000 to be recovered
by the City in a civil action.
B. A separate offense shall be deemed committed on each
day during or on which noncompliance with the terms of this chapter
occurs or continues unabated after the time limit set for abatement
of the violation.
C. Any person issued a notice of violation pursuant to
any provision of this chapter shall be subject to an administrative
fee of $50, and such administrative fee shall be charged against the
land upon which the notice of violation was issued as a municipal
lien or such administrative fee shall be added to the tax rolls as
an assessment or levied as a special tax against said property or
recovered in a civil suit against the person to which the notice of
violation was issued.