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Chili City Zoning Code

ARTICLE XII

Penalties

§ 500-92 Penalties for offenses.

A. 
Any person, firm, company or corporation owning, controlling or managing any building, structure or premises therein or whereon there shall be placed or there exists any condition in violation of any of the provisions of this chapter or any conditions imposed by the Planning Board or the Zoning Board of Appeals; and any person, firm, company or corporation who shall assist, aid, request or command the commission of any violation of this chapter or any conditions imposed by the Planning Board or the Zoning Board of Appeals; or who shall build or develop, contrary to the plans or specifications submitted by him and by him certified as complying with this chapter; and any person, firm, company or corporation who shall omit, neglect or refuse to do any act required by this chapter shall be punishable by a fine not exceeding $350 for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, shall be a misdemeanor punishable by a fine not less than $500 nor more than $1,000. Each week's continued violation shall constitute a separate additional violation. Nothing in this section shall prevent the Town from concurrently commencing an action in the name of the Town of Chili in any other court of competent jurisdiction to obtain compliance by way of order or injunction and to impose a civil penalty in the amount of $2,500.
[Amended 6-14-2023 by L.L. No. 2-2023]
B. 
Penalties for offenses: adult use entertainment establishments.
(1) 
Any person, firm, corporation or entity found to be violating any provisions of §§ 500-21C, 500-26 and 500-33 shall be served with a written notice by the Director of Planning, head of the Building Department, or similar officer or designee, or Code Enforcement Officer, stating the nature of the violation and providing the immediate correction thereof.
(2) 
Any person, firm, corporation or entity who shall violate any portion of §§ 500-21C, 500-26 and 500-33 shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. The continuation of a violation of the provisions of §§ 500-21C, 500-26 and 500-33 shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
(3) 
Any person, firm, corporation or entity violating the provisions of §§ 500-21C, 500-26 and 500-33 shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation.
(4) 
In the alternative, the Town may maintain an action or proceeding in a court of competent jurisdiction to restrain by injunction any violation of §§ 500-21C, 500-26 and 500-33.
(5) 
The penalties and remedies set forth herein are in addition to all other penalties and remedies provided for by law.

§ 500-93 Additional remedies.

In case of any violation or threatened violation of any of the provisions of this chapter or conditions imposed by the Planning Board or Zoning Board of Appeals in addition to other remedies herein provided, the Town Board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.