A.

Upon his own investigation or receipt of information or complaint, and where a violation of this law is determined to exist, the zoning officer/building inspector shall serve notice by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure or lot where such violation has been committed or shall exist, and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist, and on the agent, architect, contractor or any other such person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist.

B.

Such notice, in form approved by the village attorney, shall direct the removal or correction of such violation within ten days after service of the notice.

C.

In such cases where the removal of the violation within ten days would be manifestly impossible, in the determination of the building inspector, the building inspector shall apply to the board of trustees for a determination as to a reasonable period of time within which such violation shall be removed.

D.

Notice of violation.

1.

A person who fails to comply with a notice of violation shall be guilty of a separate and distinct violation from the violations contained in the notice.

2.

Upon the failure to comply with a violation notice the building inspector/zoning officer shall be authorized to commence a civil proceeding against the person so notified and seek the civil penalty hereinafter set forth.

3.

Notwithstanding any provision to the contrary contained in this section 15, upon the building inspector/zoning officer's determination that a violation of this law exists, he is authorized, in his discretion, and prior to sending a notice of violation set forth in paragraph A, prepare and serve, or cause to be served, upon said person, an appearance ticket charging an offense of this law before an appropriate court of law.

E.

Any owner, contractor, lessee, tenant, agent of other person who uses or maintains, or causes to be used or maintained, any building, structure or lot or any part thereof in the village for any purpose other than the uses permitted therefor in this law, or who erects, enlarges, alters or maintains, or causes to be erected, enlarged, altered or maintained, any building, or any part thereof in the village except in conformity with the provisions of this law, or who uses or maintains, or causes to be used or maintained, any building or any part thereof in the village which has been erected, enlarged or altered other than in conformity with the provisions of this law, or who otherwise violates, or causes to be violated, any provision of this law shall thereby be guilty of a violation pursuant to the penal law, and, upon conviction shall be subject to a fine not less than $10.00 nor more than $250.00 for each such violation. Each day that a violation of or failure to comply with any provision of this enactment or any regulation promulgated hereunder by the board of trustees occurs shall constitute a separate and distinct violation.

F.

If any person fails to abate any said violation of this law within ten days after service of the notice set forth in paragraph A, said person shall be subject to a civil penalty of $50.00 for each and every day that said violation continues, recoverable by a suit brought by the village, and to be retained by it.

G.

The remedies provided for herein shall be cumulative, and shall be in addition to any other remedies provided for by law, whether by legal process or otherwise, which may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or lot, or to prevent any illegal acts, conduct, business or use in or about such premises.

H.

In addition, and not in substitution for, the remedies provided for herein, the building inspector may refer an incident of noncompliance with the notice of violation to the village board for further action. Upon failure of a responsible person to comply with the notice of violation, the village board may direct correction of the violation at the expense of the village and may appropriate funds therefor and all costs for such corrections shall constitute a lien upon the subject property and shall draw interest equal to interest on delinquent taxes, and may be collected in the same manner as delinquent taxes.

I.

The building inspector shall submit a written report to the village board, not later than 12:00 noon of the day on which the first monthly meeting is held covering the calendar month preceding the report, containing not less than: The address of and date of each investigation or inspection initiated by him; address of each alleged violation concerning which information or complaints have been received by him; date of such receipt; nature of each violation found or complained of, if any; date of correction notice issued; dates of each reinspection; date of filing of request for arrest warrant with prosecutor having jurisdiction; disposition of each case closed; and status report of each case referred under paragraphs C and G. Such report shall include cumulative annual totals of inspections and investigations initiated, information or complaints received, violation notices for correction with breakdown of such violation by appropriate category, corrections confirmed upon reinspection warrant requests filed and convictions obtained.

(Code 1978, app. B, § 15; L.L. No. 1-1973; L.L. No. 7-1973, § 1; L.L. No. 5-1992, § 1; L.L. No. 6-1992)