[Amended by L.L. No. 6-2003; 3-7-2019 by L.L. No. 1-2019]
It shall be the duty of the Superintendent of
Buildings and his or her designees, and the Superintendent of Buildings
and his or her designees are hereby given the power and authority,
to enforce the provisions of this chapter of the Village of Baxter
Estates and any statute, local law, ordinance, rule or regulation
relating to parking, fire prevention and safety, health and sanitation,
building, zoning and planning, within the Village. Without limiting
the foregoing, each of the Superintendent of Buildings, his or her
designee, and any other Village officer or employee charged with enforcing
any statute, local law, ordinance, rule or regulation relating to
parking, fire prevention and safety, health and sanitation, building,
zoning and planning within the Village who is designated by resolution
duly adopted by the Board of Trustees with the authority to issue
appearance tickets hereunder is hereby authorized to issue appearance
tickets to any person or entity alleged by said Superintendent of
Buildings, or his or her designee, or such other person duly authorized
by the Board of Trustees, to have committed an offense or offenses
in violation of any statute, local law, ordinance, rule or regulation
relating to parking, fire prevention and safety, health and sanitation,
building, zoning and planning, to the fullest extent permitted under
Municipal Home Rule Law § 10(4)(a), or any successor statute
thereto.
In interpreting and applying the provisions
of this chapter, such provisions shall be held to be the minimum requirements
for the promotion of the health, safety, morals and/or the general
welfare of the Village. It is not intended by this chapter to interfere
with or abrogate or annul any Village Building Code, or any rules
or regulations adopted and/or issued thereunder or the rules and regulations
of the Department of Health of the County of Nassau; provided, however,
that where this chapter imposes a greater restriction upon the use
of a building or premises or upon the height of a building, or requires
larger open spaces than are imposed or required by such code, rules
and regulations, the provisions of this chapter shall control.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained,
or any hedge, tree, shrub or other growth is maintained, or any building,
structure or land is used in violation of this chapter, or of any
regulations made pursuant thereto, in addition to other remedies provided
by law, any appropriate action or proceeding, whether by legal process
or otherwise, may be instituted, or taken to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about such
premises.
[Amended 5-6-1986 by L.L. No. 1-1986; 10-15-2007 by L.L. No.
5-2007; 8-6-2015 by L.L. No. 2-2015; 5-3-2023 by L.L. No. 3-2023]
Except with respect to any provision of this chapter that expressly
establishes a different fine and penalty for the violation thereof,
each and every violation of, or failure to comply with, any provision
of this chapter shall constitute a violation, punishable as follows:
for a conviction of a first offense, by a fine not more than $1,000,
or imprisonment for a period not to exceed 15 days, or both such fine
and imprisonment; for a conviction of a second offense, both of which
were committed within a period of five years, by a fine not less than
$1,000, nor more than $5,000, or imprisonment for a period not to
exceed 15 days, or both such fine and imprisonment; and, for a conviction
of a third or subsequent offense, all of which were committed within
a period of five years, by a fine not less than $5,000, nor more than
$10,000, or imprisonment for a period not to exceed 15 days, or both
such fine and imprisonment. Each week's continued violation shall
constitute a separate additional violation hereunder. For each and
every violation hereunder, each of the owner, general agent or contractor
of a building or premises where any such violation has been committed,
or shall exist, and each of the lessee or tenant of an entire building
or entire premises where any such violation has been committed or
shall exist, and each of the owner, general agent, contractor, lessee
or tenant of any part of a building or premises in which part any
such violation has been committed or shall exist, and each of the
general agent, architect, builder, contractor or any other person
who knowingly commits, takes part or assists in any such violation,
or who maintains any building or premises in which any such violation
shall exist, shall be liable hereunder with respect to such violation.
