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East Hampton Village
City Zoning Code

§ 278-9

Penalties for offenses.

[Amended 4-17-1992 by L.L. No. 9-1992]
A. 
Violations. Where a violation of any provision of this chapter, including the terms or conditions of a Village board or department or official agency approval granted hereunder, the duly adopted rules of a Village board or department or official agency adopted hereunder, or a violation of any covenant or condition imposed by the Village Board of Trustees, the Zoning Board of Appeals, the Planning Board or the Design Review Board as a condition of any change of zone, permit, special permit, variance, grant, subdivision approval, certificate of appropriateness, site plan or design approval, or any other similar law, rule or regulation which is expressly and specifically incorporated by reference herein has been committed or shall exist, the owner and the agent or contractor of the building, structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or the entire building, structure or lot where such violation has been committed or shall exist and the agent, architect, contractor, surveyor or any other person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist shall be guilty of a violation of this chapter.
[Amended 7-27-2007 by L.L. No. 9-2007]
B. 
A violation of the provisions of § 278-4C(3)(a) and § 278-5C of this chapter shall be punishable as follows:
[Added 4-20-2015 by L.L. No. 10-2015[1]]
(1) 
A person or entity charged with any violation of the sections listed above shall be required to appear or answer within 15 days of the issuance of a ticket, and shall be subject to a minimum fine of $150.
(2) 
Upon the failure to answer or appear on the return date or any subsequent adjourned date or to pay the fine when due, a late penalty of $75 shall be added to the minimum fine.
(3) 
Upon the failure to pay the fine within 60 days of the issuance of a ticket, a late penalty of $150 shall be added to the minimum fine.
(4) 
Upon the failure to pay the fine within 90 days of its due date, a late penalty of $200 shall be added to the minimum fine.
[1]
Editor’s Note: This local law also redesignated former Subsections B, C and D as Subsections C, D and E, respectively.
C. 
Criminal penalties.
(1) 
Persons found guilty of a violation of any other provision this chapter or any covenant or condition imposed by the Village Board of Trustees, the Zoning Board of Appeals, the Planning Board or the Design Review Board as a condition of any change of zone, permit, special permit, variance, grant, subdivision approval, certificate of appropriateness, site plan or design approval shall be subject to:
[Amended 7-27-2007 by L.L. No. 9-2007; 4-20-2015 by L.L. No. 10-2015]
(a) 
For the first offense within a period of 12 months, a fine not to exceed $500 or imprisonment for not more than 15 days, or both, for each and every such violation.
(b) 
For the second offense within a period of 12 months, a fine not to exceed $1,000 or imprisonment for not more than 15 days, or both, for each and every such violation.
(c) 
For a third offense within a period of 12 months, a fine of not more than $1,500 or less than $1,000 or imprisonment for not more than six months, or both, for each and every such violation.
(2) 
After the date on which the Code Enforcement Officer or other Village official having jurisdiction shall have notified such person of any such violation, each week's continued violation shall constitute a separate and distinct additional violation for all purposes hereof.
D. 
Administrative penalty. In addition to any other remedy available hereunder for violations of this chapter, in those cases where the Building Inspector shall have determined a violation to exist and shall have provided written notice of the same to one or more persons responsible under Subsection A hereof, after a period of 90 days shall have elapsed and said violation shall have continued to exist, the Building Inspector may certify the violation, in writing, to all other local agencies responsible for the issuance of approvals and permits hereunder. Such certification shall set forth the owner of the property on which the violation is located and the name of the person committing or maintaining the alleged violation and responsible for the same under Subsection A hereof, if other than the owner and known to the Building Inspector, the nature of the violation and the efforts made by the Building Inspector to obtain compliance. After receipt of any such certification of violation, no local agency, including the Building Inspector, shall accept, determine to be complete or otherwise process or further process any application for approval made for such identified property or by any such identified person or persons or by any partnership, corporation or other organizational applicant of which any such identified person is an associate, partner or majority shareholder. Every such application shall be deemed to be defective, incomplete and not suitable for processing by the local agency, and any time period for such processing or for action on the application which is contained in the Village Law or in this chapter shall be deemed tolled for all purposes. This subsection shall not apply to an application brought to the Board of Appeals for an interpretation or for a variance which would remove or render legal the alleged violation. Upon removal of the violation or the granting of a variance therefor by the Board of Appeals or upon the dismissal by a competent court of all charges which may have been brought by the Building Inspector against such person as a named defendant in relation to such violation or upon acquittal of the defendant by such court, the Building Inspector shall immediately revoke the certification of violation previously issued and notify all local agencies, in writing, of the same, at which time the disability imposed hereunder shall be removed.
E. 
Other remedies. In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken by the Village of East Hampton to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, change, demolition, razing, moving, maintenance or use of any building, structure, lot or land or any activity in violation of this chapter or any covenant or condition imposed by the Village Board of Trustees, the Zoning Board of Appeals, the Planning Board or the Design Review Board as a condition of any change of zone, permit, special permit, variance, grant, subdivision approval, certificate of appropriateness, site plan or design approval being undertaken or carried out therein or thereon; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure, or lot; or to prevent any illegal act, conduct, business, trade or use in or about such premises.
[Amended 7-27-2007 by L.L. No. 9-2007]