Elmsford City Zoning Code
§ 335-24
Violations; penalties for offenses.
[Amended 6-25-1956; 2-3-1992 by L.L. No. 5-1992; 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006; 9-1-2015 by L.L. No. 4-2015]
A.
The proliferation of illegal and unsafe housing poses a clear and significant danger to the lives of those residing in such housing, as well as to the emergency responders and Village employees who are called to emergencies at, or who otherwise visit and inspect such housing. The Village of Elmsford is aware of and duly acknowledges the existence of § 20-2006 of the Village Law of the State of New York and hereby supersedes such section.
B.
For purposes of this section, the term "person" shall include, without limitation, any individual person, corporation or other business entity, whether as owner, lessee, architect, contractor or builder, or the agent or employee of any of them.
C.
Subject to Subsection D below, any person who violates or is accessory to the violation of any provision of this chapter or any rule or regulation made under the authority conferred by this chapter, or who shall erect, construct, alter, enlarge, convert or move any building or structure or any part thereof without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter, or who shall use any building, structure or land in violation of this chapter or any rule or regulation made under the authority conferred by this chapter, or in violation of the provisions of any building permit or change of occupancy permit or certificate of occupancy or without a building permit, change of occupancy permit or certificate of occupancy where one is required by this chapter, and who fails to abate said violation within the time period specified on the violation notice and after written notice has been served upon him either by mail or personal service, shall be liable to a fine or imprisonment as follows:
(1)
Persons found guilty of a first offense shall be subject to a fine of not less than $500 nor more than $1,000 for each violation and/or imprisonment up to 15 days. Each day such violation of this chapter is allowed to exist after the allotted time for its cure, if any, shall constitute a separate and distinct violation, subject to the same fine to be accrued for each such day after the allotted time for its cure, if any.
(2)
Persons found guilty of a second offense shall be subject to an automatic fine of not less than $5,000 nor more than $20,000 and/or imprisonment up to one year. Each day such violation is allowed to exist after the allotted time for its cure, if any, shall constitute a separate and distinct violation, subject to a continuing fine of $1,000 per day to accrue for each such day after the allotted time for its cure, if any.
(3)
Persons found guilty of a third offense and any subsequent offense shall be subject to an automatic fine of not less than $15,000 nor more than $50,000 and/or imprisonment up to one year. Each day such violation is allowed to exist after the allotted time for its cure, if any, shall constitute a separate and distinct violation, subject to a continuing fine of $1,000 per day to accrue for each such day after the allotted time for its cure, if any.
E.
Nothing in this chapter shall be construed as depriving the Village or the Village Board or any official thereof of the right to apply for an injunction to prevent any violation of this chapter or of the right to employ any other available remedy.
F.
In case any building or structure is erected, constructed, reconditioned, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Village Board or the Building Inspector, or any other official of the Village, through the Village Attorney, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, 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 building, structure or land.
G.
The Building Inspector shall maintain a cumulative file, open to public inspection, of each violation of this chapter, arranged by volume, sheet, block and lot numbers, so that the full case history of each such violation may be available.