Nassau City Zoning Code
ARTICLE XVIII
Violations and Penalties
§ 120-93.1 Violations.
A.
The CEO is authorized to order in writing the remedying of any condition or activity found to exist in, on, or about any building, structure, property or premises in violation of this zoning chapter.
B.
Upon finding that any violation exists, the officer shall issue a compliance order. The compliance order shall:
(1)
Be in writing.
(2)
Be dated, shall identify the CEO, and be signed by the CEO.
(3)
Specify the condition or activity that violates this zoning chapter.
(4)
Specify the provision or provisions of this zoning chapter that is/are violated by the specified condition or activity.
(5)
Specify the period of time the CEO believes is reasonably necessary for achieving compliance.
(6)
Direct that compliance be achieved within the specified period of time.
(7)
State that an action or proceeding to compel compliance may be instituted if Compliance is not achieved within the specified period of time.
C.
The CEO shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered or certified mail. The Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
§ 120-93.2 Appearance tickets.
The CEO is authorized to issue appearance tickets for any violation of the Zoning Law.
§ 120-93.3 Civil penalties.
In addition to those penalties authorized by state law, any person who violates any provision of this zoning chapter shall be liable for a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted by the Village of Nassau.
§ 120-93.4 Criminal penalties and enforcement.
Any violation of the Zoning Law is hereby declared to be an offense punishable by a fine not exceeding $250 per day where each day of continued violation shall constitute a separate additional violation.
§ 120-93.5 Injunctive relief.
An action or proceeding may be instituted by the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this zoning chapter. No court action or proceeding shall be commenced without the appropriate authorization from the Village Board. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of this zoning chapter, or any stop-work order, compliance order or other order obtained under this zoning chapter, an action or proceeding may be commenced in the name of the Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.
§ 120-93.6 Remedies not exclusive.
A.
No remedy or penalty specified in this chapter shall be the exclusive remedy or penalty available to address any violation described in this chapter, and each remedy or penalty specified in this chapter shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section or in any other applicable law. Any remedy or penalty specified in this chapter, including stop-work orders, may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this chapter or any other applicable law.
B.
In particular, but not by way of limitation, each remedy and penalty specified in this chapter, Including stop-work orders, shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of Section 381 of the New York State Executive Law (Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation and Construction Code), and any remedy or penalty specified in this chapter, including stop-work orders, may be pursued at any time, whether prior to, or simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of Section 381 of the New York State Executive Law.