Enforcement; penalties for offenses.

[Amended 8-10-1978; 6-17-1993]A. Violations and penalties.(1) Any violation of this chapter, or of any order, requirement, decision or determination issued by the Commissioner of Public Works, his/her division head, agent or designee, hereinafter called the "Zoning Official," pursuant to this chapter, is hereby declared to be an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, upon conviction for a first offense; upon conviction for a second offense, both of which offenses were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which offenses were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for period not to exceed six months, or both.

However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter, or of any order, requirement, decision or determination issued by the Zoning Official pursuant to this chapter, shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)](2) In addition to the penalties provided above, the Town Board may also maintain an action or proceeding to prevent, correct or restrain any violation of this ordinance.(a) Any owner, general agent or contractor of a building, premises or part thereof where a violation has been committed or does exist shall be guilty of such an offense.(b) Any agent, contractor, architect, builder or corporation or other person who commits, takes part in or assists in a violation shall be guilty of such an offense.B.

Complaints. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Official, who shall properly record such complaint and immediately investigate. Complaints otherwise given to the Zoning Official may or may not be acted upon.[1][1]Editor's Note: Original § 225-114 , Complaints, amended 8-10-1978, which immediately followed this section, was repealed 6-17-1993.