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.