It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy or
maintain any building, structure or premises, or any portion thereof, in violation
of any of the provisions of this chapter or to fail in any manner to comply
with the notice, directive or order of the Code Enforcement Officer or other
responsible official or to construct, alter, use or occupy any building, structure
or premises or any part thereof in a manner not permitted by the approved
building permit or certificate of occupancy.
Any and all persons or entities constructing, operating,
owning, occupying, maintaining, using or permitting the use of any building,
property or premises, as well as any builder, design professional, contractor,
subcontractor or agent of any such person or entity, who commits or takes
part in or assists in a violation of the Uniform Code or this chapter may
be charged as provided in this chapter.
It shall be unlawful for any person, firm or corporation to operate,
use or maintain any building, structure or premises or any portion thereof
in a manner not permitted by the approved operating permit, or to fail in
any manner to comply with the notice, directive or order of the Code Enforcement
Officer or other responsible official.
It shall be unlawful for any person, firm or corporation to cover,
conceal or otherwise continue work covered under a building permit without
the required inspection, acceptance and approval by the Code Enforcement Official.
Each and every violation of the Uniform Code or of the
rules and regulations or orders promulgated thereunder shall be deemed a violation
of this chapter.
Unless otherwise stated herein, each violation of the
Uniform Code, this chapter or the rules, regulations or orders promulgated
hereunder shall deemed a separate violation. In order to provide effective
deterrence, each day on which a violation exists is considered to be and may
be separately charged as an individual violation. Penalties or fines may be
charged separately for each day on which the violation continues to exist.
Unless otherwise stated herein, the penalty for each
offense or violation and for each day on which an offense or violation exists
shall be not less than $250 and not more than $500 per violation per day.
Unless otherwise stated herein, the penalty for failure
to comply with a lawful order of the Code Enforcement Officer shall be not
less than $500 and not more than $1,000 per offense per day.
The penalty for failure to obtain a building permit prior
to commencement of any work shall be deemed a violation and any person or
entity and/or agents thereof found guilty of this violation shall be subject
to a fine as described below:
Appropriate actions and proceedings may be taken at law
or in equity to prevent unlawful construction or to restrain, correct or abate
a violation or to prevent illegal occupancy of a building, structure or premises
or to prevent illegal acts, conduct or business in or about any premises,
and those remedies shall be in addition to the penalties prescribed in § 382
of the Executive Law.
An action or proceeding in the name of the City of Corning
may be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of the Uniform
Code, this chapter or any rule or regulation adopted pursuant to this chapter
or a violation order or to vacate the occupancy or building in the case of
imminent danger to life or property. Such remedies shall be in addition to
penalties otherwise prescribed by law. The Code Enforcement Officer is authorized
to issue appearance tickets in connection with any violation of the Uniform
Code or this chapter, as the same is defined in Article 150 of the Criminal
Procedure Law of the State of New York.
Nothing contained in this chapter shall be deemed to
restrict or prevent the appropriate agency of the City of Corning from instituting
such other and different proceedings, including injunctive relief and civil
penalties.
To the extent necessary and to the extent permitted by Municipal Home
Rule Law § 20, it is the intention of the City of Corning to supersede
any state law conflicting with the provisions of this chapter.