[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.