Henrietta City Zoning Code
ARTICLE XV
General Provisions
§ 295-65 Amendments.
The Town Board may from time to time on its own motion or on petition or on recommendation of the Planning Board amend, supplement, change, modify or repeal this chapter pursuant to the provisions of the Town Law applicable thereto. Every such proposed amendment shall be referred to the Planning Board for a report prior to the public hearing thereon.
§ 295-66 Penalties for offenses.
[Amended 6-20-2001 by L.L. No. 3-2001; 9-27-2023 by L.L. No. 9-2023; 2-5-2026 by L.L. No. 3-2026]
A.
Failure to comply with any provision of this chapter, including by the owner, general agent, lessee, or tenant of the building, premises, or land where the non-compliant sign is located, or by the general agent, architect, building, contractor, or other participating individual or entity who commits the non-compliance or causes the non-compliance to be committed, shall constitute a violation, and, upon a finding by a court of competent jurisdiction, shall be subject to a civil penalty in the minimum and maximum amounts as set forth below, based on the number of violations of this chapter in the immediately preceding 60-month period:
(1)
First violation: $100 minimum and $350 maximum.
(2)
Second violation: $350 minimum and $700 maximum.
(3)
Third and subsequent violations: $700 minimum and $1,000 maximum.
B.
No remedy or penalty set forth herein shall be the exclusive remedy available, and each remedy or penalty set forth herein shall be in addition to other remedies which may be available to the Town, including but not limited to an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, abate further violation, or to restrain by injunction any violation of this chapter.
§ 295-67 Effect on other provisions.
The adoption of this chapter shall not affect or impair any act done, offense committed or right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time this chapter takes effect under the prior Zoning Ordinance of the Town of Henrietta adopted June 2, 1954, and all subsequent amendments thereto, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if this chapter had not been adopted. All actions and proceedings commenced under or by virtue of said former ordinance and the amendments thereto and pending at the time this chapter takes effect may be prosecuted and defended in the same manner as they might have been if this chapter had not been adopted.[1]
[1]
Editor's Note: Original § 68, Redesignation of districts, which immediately followed this section, was repealed 6-20-2001 by L.L. No. 3-2001. See now § 295-3, Establishment of districts. Former Art. XVI, Land Use Districts, § 295-68, Zoning descriptions, was repealed 2-18-2015 by L.L. No. 1-2015. The current Zoning Map and the complete text of amendments to the Zoning Map are on file in the Town offices. The map can also be found in the misc. documents folder under Public Documents in eCode360®. Original § 71, Restricted development in the Marketplace Area, which also followed this section, added 6-15-1994, expired 6-15-1995 and therefore no longer appears as a part of this chapter.