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]
A.
Failure to comply with this chapter shall constitute a violation. Each week's continued violation shall constitute a separate additional violation. The owner or general agent of a building or premises or land where violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises or land where such violation has been committed or shall exist; or the owner, general agent, lessee or tenant of any part of the building or premises or land in which such violation has been committed or shall exist; or the general agent, lessee or tenant of any part of the building or premises or land in which such violation has been committed or shall exist; or the general agent, architect, builder, contractor or any other person or entity who commits, takes part or assists in any such part thereof in which any violation shall exist, shall be in violation of this chapter. Conviction of a violation of this chapter shall be subject to a fine as follows:
[Amended 9-27-2023 by L.L. No. 9-2023]
(1)
For a first violation, a fine up to a maximum amount of $350.
(2)
For a second violation, where both violations were committed within a period of five years, a fine of not less than $350 nor more than $700.
(3)
For a third or subsequent violation, all of which were committed within a period of five years, a fine of not less than $700 nor more than $1,000.
B.
In addition, the Town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter, and the violator shall be liable to the Town of Henrietta for a civil penalty of $100 for each such violation, to be recovered in a civil action.
§ 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.