City of Schenectady, NY Violations and Penalties

For every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in such violation or who maintains any building or premises in which such violation shall exist shall be guilty of a violation as defined by Subsection D of this section or shall be punishable by a penalty of not less than $350 nor more than $1,000 for each day of violation which may be recovered by the City of Schenectady, New York, in a civil action.

[Amended 3-23-2009 by Ord. No. 2009-02]

A separate offense shall be deemed committed on each day during or on which a violation of the terms of this chapter occurs or continues unabated.

In addition to other remedies, the City may institute any appropriate action or proceeding to prevent any unlawful erection, alteration, conversion, maintenance or use; to correct or abate a violation; to enforce any approved site plan or site plan conditions; to enforce any condition concerning use, maintenance or completion; to prevent the occupancy of a building, a structure or land; or to prevent any illegal act, conduct, business or use.

Appearance tickets as an alternative means of commencing prosecution.

(1)

The City Council deems it necessary to provide by law specially authorized public servants who may issue appearance tickets pursuant to Subdivision 3 of § 150.20 of the Criminal Procedure Law and Subdivision 4(a) of § 10 of the Municipal Home Rule Law of the State of New York.

(2)

The following public servants of the City of Schenectady are hereby authorized to issue appearance tickets in the performance of their respective duties when commencing prosecution pursuant to this chapter of the Code of Ordinances of the City of Schenectady: the Building Inspector, the Zoning Officer or their duly appointed assistants.

(3)

The power to use the appearance ticket shall not imply any restraint upon the power of the aforementioned public servants to utilize any alternative methods of commencing prosecutions as may be provided by law.

[Amended 3-23-2009 by Ord. No. 2009-02]

(4)

For purposes of this section, the term "appearance ticket" shall have the same definition as provided in Article 150, § 150.10, of the Criminal Procedure Law of the State of New York, and the procedure governing its use shall conform in all respects to the procedure as enumerated in Article 150 of the Criminal Procedure Law of the State of New York and other applicable articles of that law.

(5)

Each violation of this chapter shall be a violation and shall be punishable as follows:

(a)

For a first offense, by a fine of not less than $350 nor more than $500.

(b)

For a second offense within 18 months of a prior violation of this chapter regarding the same premises by the same person(s), firm(s) and/or corporation(s), a fine of not less than $350 nor more than $750.

(c)

For a third offense and any subsequent offenses thereafter within 18 months of a prior violation of this chapter regarding the same premises by the same person(s), firm(s) and/or corporations, 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.

All fines collected pursuant to this article shall be placed in a dedicated account to offset the expense of at least one Code Enforcement Officer.

Any person issued a notice of violation pursuant to any provision of this chapter shall be subject to an administrative fee that shall, from time to time, be established by the City Council by resolution, unless, for good cause shown by the violator, waived by a zoning enforcement officer. Such administrative fee shall be charged as a municipal lien against the land upon which the notice of violation was issued, 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.

[Amended 1-23-2012 by Ord. No. 2012-01]