Clyde Village City Zoning Code
ARTICLE XIV
Violations; Penalties; Other Remedies
§ 190-71 Unlawful acts.
It shall be unlawful for any person, firm, partnership, corporation, or other business entity or other entity to:
A.
Construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof or use any land in violation of this chapter.
B.
Fail in any manner to comply with a written notice, directive or order of the Code Enforcement Officer.
C.
Construct, alter or use and occupy a building or structure, or portion thereof, or use any land in a manner not permitted by an approved plan or resolution or the Planning Board or the Board of Appeals, when required.
§ 190-72 Penalties for offenses.
[Amended 4-20-2016 by L.L. No. 2-2016]
It shall be unlawful for any person, firm, partnership, corporation, or other business entity or other entity to:
A.
Violation penalties. A violation of this chapter shall be punishable by a fine of not less than $50 and not more than $350 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment, for conviction of a first offense; a fine of not less than $350 and not more than $700 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment, for a second offense committed within five years; a fine of not less than $700 and not more than $1,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment, for a third or subsequent offense committed within five years. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
B.
Notice of violation. The Code Enforcement Officer shall serve a notice of violation or order in the manner specified in § 67-23.
C.
Appearance tickets. The Code Enforcement Officer shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket subscribed by him or her, directing the designated person, firm or corporation to appear to court at a designated time in connection with the commission of a violation of this chapter.
§ 190-73 Injunctive relief.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks or sites in violation of this chapter, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate action on proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises. Nothing contained herein shall be considered to be an election of remedies, and the Village reserves the right to pursue any remedy at law or at equity that it deems to be appropriate. Such relief should include any relief set forth in Village Law § 7-714 and any and all subsequent amendments thereto.
§ 190-74 Complaints of violations.
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 Code Enforcement Officer (or other enforcing officer), who shall properly record such complaint and immediately investigate and file a written report with the Planning Board and the Board of Trustees.