Penalties for offenses.

A. Any person who, having been served with a notice and order to remove any violation of either the Code, local laws, ordinances or regulations of the Town of Webster, or any nuisance, fails to comply therewith within the time fixed by the Department, shall be guilty of any offense punishable by as follows:(1) Fines and imprisonment.(a) For conviction of the first offense, a violation, with a fine not exceeding $350 or imprisonment for a period not exceeding seven days, or both.(b) For conviction of the second offense, both of which are committed within a period of five years, a misdemeanor, with a fine not less than $350 nor more than $700 or imprisonment for a period of time not to exceed six months, or both.(c) For a conviction of a third or subsequent offense, all of which were committed within a period of five years, a misdemeanor, with a fine of not less than $700 nor more than $1,500 or imprisonment for a period not exceeding six months, or both.(2) By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.B.

Any person who, having been served with a notice or order to remove any violation of the New York State Uniform Fire Prevention and Building Code and/or the New York State Energy Conservation Construction Code, fails to comply therewith within the time fixed by the Department shall be guilty of any offense punishable by as follows:(1) Fines and imprisonment.(a) For conviction of the first offense, a violation, with a fine not exceeding $550 or imprisonment for a period not exceeding seven days, or both.(b) For conviction of the second offense, both of which are committed within a period of five years, a misdemeanor, with a fine not less than $750 nor more than $1,000 or imprisonment for a period of time not to exceed six months, or both.(c) For a conviction of a third or subsequent offense, all of which were committed within a period of five years, a misdemeanor, with a fine of not less than $1,000 nor more than $1,500 or imprisonment for a period not exceeding six months, or both.(2) By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.C.

Each week's continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.D. The term "person" as used in this section shall include the owner, occupant, mortgagee or vendee in possession, operator, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the premises or part thereof.E. Amendment. This section expressly amends and supersedes any inconsistent provision of any other zoning law, rule or offense theretofore adopted by the Town of Webster, Monroe County, New York, and also any inconsistent provision of Article 16 of the Town Law of the State of New York.