This chapter shall be enforced by the Board
of Trustees of the Village under the rules and regulations adopted
by them or by such person as hereafter may be designated by the Board
of Trustees.
For the purposes of this chapter, the Board
of Trustees hereby authorizes the Building Inspector or the Village
Engineer of the Village of Bayville or any person, organization or
firm appointed or retained by the Village Board to perform the functions
or responsibilities of said Building Inspector and the employees of
such organization or firm acting within the scope of their employment
in furtherance of such functions or responsibilities, to issue summonses
for illegal violations of this chapter. No such summonses shall be
issued before prior approval of either the Board of Trustees or the
appointed Liaison Trustee with the Building Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Building permits and certificates of occupancy shall be obtained as provided in Chapter 13, Building Construction Administration.
A.
Fines.
[Amended 1-27-1986 by L.L No. 1-1986; 8-23-1993 by L.L. No. 3-1993; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
(1)
An offense against any provision or requirement of
this chapter or any statement, plan, application, permit or certificate
approved under the provisions of this chapter or decision of the Board
of Appeals shall be considered a violation punishable as follows:
(a)
For conviction of a first offense: fine not
exceeding $1,000 or imprisonment for a period not to exceed 15 days,
or both.
(b)
For conviction of a second offense, both of
which were committed within a five-year period: fine not less than
$1,000 nor more than $1,500 or imprisonment for a period not to exceed
15 days, or both.
(c)
For a conviction of a third or subsequent offense,
all of which were committed within a five-year period: fine not less
than $1,500 nor more than $2,000 or imprisonment for a period not
to exceed 15 days, or both.
(2)
Each week's continued violation shall constitute a
separate additional violation.
B.
The owner, general agent or contractor of a building,
premises or part thereof where such offense has been committed or
does exist shall, upon conviction, be guilty of a violation.
C.
Any agent, contractor, architect, builder, corporation
or other person who commits, takes part or assists in such offense
shall, upon conviction, be guilty of a violation.
D.
In addition to the above, any offense against any
provision or requirement of this chapter or any statement, plan, application,
permit or certificate approved under the provisions of this chapter
or decision of the Board of Appeals may be enforced on behalf of the
Village by the collection of civil fines for each violation thereof
not to exceed $500. Each day a violation is continued, after the violator
is provided with written notice of the violation from the Village
Clerk or the Building Inspector or duly authorized enforcement officer,
shall constitute a separate violation. Said civil fine may be reduced
to a civil judgment and be enforced pursuant to the applicable provisions
of the Civil Practice Law and Rules.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The imposition of penalties herein prescribed shall
not preclude the Village or any person from instituting appropriate
legal action, by injunction or otherwise, or proceeding to prevent
an unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use or to restrain, correct or abate a
violation or to prevent the illegal occupancy of a building, land
or premises.
F.
In order to aid in the enforcement of this chapter as well as the enforcement of the other laws and regulations of the Incorporated Village of Bayville, including but not limited to the Building Construction Administration Chapter, § 13-13, the Village Justice or Acting Village Justice of the Incorporated Village of Bayville is empowered, upon making a finding as to the existence of probable cause in accordance with the Constitution of the United States, the Constitution of the State of New York or any applicable New York State Statutes, to issue a search warrant or court order permitting the entry upon or into any building, structure or premises during the hours set forth in said search warrant or court order permitting the entry upon or into any building, structure or premises during the hours set forth in said search warrant or court order. Application for a search warrant or court order permitting the entry as set forth above may be made by the Mayor and Board of Trustees of the Incorporated Village of Bayville, the Building Inspector or Building Inspectors, any duly authorized officer or agent of the Village Board of Trustees or any member of the Nassau County Police Department. This application shall be made by sworn affidavit.
