[HISTORY: Adopted by the Town Board of the Town of Queensbury 7-7-1997 by L.L. No. 6-1997. Amendments noted where applicable.]
Animal control officer — See Ch. 5.
Fire prevention and building construction — See Ch. 88.
Freshwater wetlands — See Ch. 94.
Zoning — See Ch. 179.
The purpose of this chapter is to provide an additional means of enforcement of the Town Code by authorizing the appropriate enforcement official to commence a civil action to collect civil penalties in Queensbury Town Court pursuant to the small claims provisions of Article 18 of the New York Uniform Justice Court Act. This chapter is intended to provide additional enforcement provisions to the existing Code enforcement provisions and does not replace or supersede existing Code enforcement provisions. This chapter is authorized by § 10, Subdivisions 2 and 4(b), of the New York Municipal Home Rule Law and §§ 65 and 135 of the New York Town Law. To the extent that this chapter may be inconsistent with Town Law § 65, this chapter expressly supersedes Town Law § 65.
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The enforcement officer is the official or officials authorized by any provision of the Code to enforce the Code, including but not limited to the Zoning Administrator, Director of Building and Code Enforcement, Code Compliance Officer, Building Inspector, Animal Control Officer and Fire Marshal and their designees.
Notwithstanding any other provisions of the Code and in addition to any other enforcement provisions set forth in the Code, the enforcement officer is authorized, in his or her discretion, to seek a civil penalty in an amount not exceeding $3,000 for each violation of the Code. Such civil penalty shall be recovered by commencing a civil proceeding as a small claim in the Queensbury Town Court pursuant to Article 18 of the New York Uniform Justice Court Act. Notwithstanding the foregoing, if any provision of the Code contains a civil penalty in an amount less than $3,000, the enforcement officer may only seek a civil penalty not exceeding that lesser amount.
Notwithstanding the foregoing, this chapter shall not apply to Chapter 94 of the Code, Freshwater Wetlands.