§ 350-205 Violations unlawful.
It shall be unlawful for any land, structure and/or use to be in violation of this chapter, or fail in any manner to comply with any notice, directive or order of the Code Enforcement Officer.
§ 350-206 Public nuisance.
Any condition caused or permitted to exist in violation of any provision of this chapter shall be deemed a public nuisance and shall be abated as such by the owner pursuant to law.
§ 350-207 Notice of violation.
A notice of violation shall be in accordance with all of the following:
A. Be in writing.
B. Include a description of the real estate sufficient for identification.
C. Include a statement of the violation or violations and why the notice is being issued.
D. Include a correction order allowing a reasonable time to take the necessary actions to comply with this chapter.
E. Inform the owner of the right to appeal.
F. Include a statement of any applicable penalties and the right to file a lien in accordance with this chapter.
§ 350-208 Method of service.
A notice of violation shall be deemed to be properly served if a copy thereof is:
A. Delivered to the owner personally;
B. Sent by certified mail addressed to the owner at the last-known address with the return receipt requested; or
C. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
§ 350-209 Compliance with notices.
A notice of violation issued or served as provided by this article shall be complied with by the owner, operator, occupant and other person responsible for the condition or violation to which the notice of violation pertains.
§ 350-210 Voluntary compliance agreement.
The Code Enforcement Officer has the authority to enter into a written voluntary compliance agreement with the owner in order to gain voluntary compliance in correcting a confirmed violation. The agreement shall include time limits for compliance and shall be binding on the owner. The Code Enforcement Officer shall abate further processing of a violation during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The failure to comply with any term of the voluntary compliance agreement constitutes a separate violation and shall be handled in accordance with the procedures established by this chapter, except no further notice after the voluntary compliance agreement has been signed need be given before the Code Enforcement Officer may also proceed on the alleged violation that gave rise to the voluntary compliance agreement.
§ 350-211 Abatement of unlawful acts.
An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, or any term or condition of any notice of violation order or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
§ 350-212 Prosecution of a violation.
If the notice of violation is not complied within the period of time prescribed within such notice, the Code Enforcement Officer is authorized to request the Town Board to authorize the Town Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful structure and/or use in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
§ 350-213 Penalties for offenses.
A. Civil penalty. Any person who undertakes any action regulated by this chapter, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the Town for civil penalty not to exceed $250 per day for every such violation. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
B. Criminal penalty. Any violation of any part of this chapter shall constitute a "violation" as defined in the Penal Law of NYS, as currently in effect and as hereafter amended from time to time, and shall be punishable by a fine not to exceed $250, or 15 days' imprisonment, or both such fine and/or imprisonment. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. The criminal penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
C. Restoration. A court of competent jurisdiction may order or direct a violator to restore the affected land, sign and/or structure to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Code Enforcement Officer or his/her designate.
