Upon finding any new construction, improvements, or uses to be in violation of this chapter, the Building Inspector shall transmit a written notice of violation, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the alleged violation. The notice of violation shall require an answer or correction of the alleged violation to the satisfaction of the Building Inspector within a reasonable time limit set by the Building Inspector. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of Building Inspector within the time limit constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that if a violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that if it is determined that no violation exists, costs of determination will be borne by the City.

If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Building Inspector, the notation "Violation Corrected" shall be made on the Building Inspector copy of the notice.

If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, the Building Inspector shall take action in accordance with § 300-121C of this chapter.

A permanent record of all notices of violation and their disposition shall be kept in the offices of the Building Inspector.

A violation of this chapter is an offense punishable by fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. Conviction of a second offense, committed within five years of the first offense, is punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both. Conviction of a third or subsequent offense committed within a period of five years is punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation. A violation which creates an imminent hazard to health and safety shall be punishable by the same fine as above, as well as by imprisonment for a period not to exceed six months per violation.

In addition, any person who violates any provision of this chapter or who fails to do any act required thereby shall, for each and every such violation, pay a civil penalty of not more than $100. When a violation of any of the provisions is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional penalty.

The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit the violation to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the abatement of a violation pursuant to Subsection C, Abatement of violations. The expenses of the City in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender and may be recovered in a civil court of appropriate jurisdiction.

Referral to Orange County Department of Planning. No action shall be taken to approve a proposed zoning amendment referred to the Orange County Department of Planning until its recommendation has been received, or 30 days have elapsed after its receipt of the full statement of the proposed amendment, unless the County and City agree to an extension beyond the thirty-day requirement for the County Planning Department's review.

Referral to the City of Newburgh Planning Board. Every proposed amendment or change initiated by the City Council or by petition (but not if initiated by the City of Newburgh Planning Board) shall be referred to the City of Newburgh Planning Board for report thereon prior to public hearing. If the City of Newburgh Planning Board does not report within 30 days of such referral, the City Council may take action without the City Planning Board report. This period of time may be extended by agreement of the City Council and City of Newburgh Planning Board.

Publication of notice in newspaper. Notice of the time and place of the public hearing shall be published at least 10 days in advance of such hearing in the official newspaper. This notice shall provide a summary of the proposed amendment in such reasonable detail as will give adequate notice of it, indicating the place or places where copies of the proposed amendment may be examined and the time and place of the hearing.

Notice to adjacent municipalities. Written notice of any proposed amendment affecting property lying within 500 feet of an adjacent municipality shall be served in person or by mail upon the Clerk of such municipality at least 10 days prior to the date of public hearing. Representatives of neighboring municipalities receiving notification of a proposed amendment shall have the right to appear and be heard at the public hearing thereon but shall not have the right to review by a court.

The City Council may adopt amendments to this chapter by a majority vote of its membership, except in the case of local protest or disapproval by the Orange County Department of Planning as noted below.

Count disapproval. A supermajority (majority-plus-one) vote of all City Council members shall be required to pass any proposal which receives a recommendation of disapproval from the Orange County Department of Planning prior to City Council action, along with a resolution setting forth the reasons for such contrary action.