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Hyde Park City Zoning Code

§ 108-35.1

Penalties for offenses.

A. 
The erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, or occupancy of said building, structure or land, or any act, conduct, business or use in or about such premises contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful.
B. 
Any person who violates or is accessory to the violation of any provisions or requirements of this chapter, or who erects, constructs, alters, enlarges, converts, or moves any use of land, water or structure in violation of a detailed statement or plan submitted and approved under the provisions of the chapter, or who fails to obey and/or comply with any order, decree, or decision of either the Planning Board, Zoning Board of Appeals, Zoning Administrator or the Town Board, shall be guilty of an offense and shall be liable to a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both. For conviction of a second offense which was committed within a period of five years of the first offense, such person shall be punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction for a third or subsequent offense committed within a period of five years of the first offense, such person shall be punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.
C. 
Each week's continued violation shall constitute a separate additional offense.
D. 
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 in violation of this chapter, the Zoning Administrator, in addition to other remedies, may institute any appropriate action or 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; and upon the failure or refusal of the Zoning Administrator to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such Zoning Administrator is authorized to do.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
The Zoning Administrator shall first serve notice as specified in § 108-32.1 of this chapter.
(2) 
The Zoning Administrator shall proceed with revocation of the certificate of occupancy pursuant to § 108-32.1.
(3) 
The Zoning Administrator shall notify the Town Board of the issuance of any appearance ticket or any other action.
E. 
In addition to the criminal penalties set forth herein or in other applicable law, rule or regulation, the Town may pursue civil and equitable relief, including but not limited to an action to recover compensatory damages or civil penalties in the amount of $500 per week of continued violation or any part thereof, an action to compel compliance with or to restrain by injunction the violation of this chapter, including an injunction, mandamus or abatement, or any other appropriate action to prevent, enjoin, abate or remove such unlawful use. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.
[Added 8-24-2009 by L.L. No. 2-2009]
F. 
The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
G. 
In addition to the above-mentioned penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this chapter.