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Roslyn Estates Village
City Zoning Code

ARTICLE XIV

Administration and Enforcement

§ 200-73 Interpretation.

[Amended 11-1-1999 by L.L. No. 2-1999]
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern.

§ 200-74 Enforcement; penalties for offenses.

[Amended 1-7-1985 by L.L. No. 4-1985; 9-4-1991 by L.L. No. 2-1991]
A. 
This chapter shall be enforced by the Building Official or such other person as may be designated by the Board of Trustees.
B. 
Except with respect to any provision of this chapter that expressly establishes a different fine and penalty for the violation thereof, each and every violation of, or failure to comply with, any provision of this chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $1,000, nor more than $5,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and, for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $5,000, nor more than $10,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate additional violation hereunder. For each and every violation hereunder, each of the owner, general agent or contractor of a building or premises where any such violation has been committed, or shall exist, and each of the lessee or tenant of an entire building or entire premises where any such violation has been committed or shall exist, and each of the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part any such violation has been committed or shall exist, and each of the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist, shall be liable hereunder with respect to such violation.
[Amended 11-1-1999 by L.L. No. 2-1999; 12-9-2013 by L.L. No. 7-2013; 10-15-2018 by L.L. No. 3-2018]
C. 
In any case where a building or signboard or sign or structure is erected, constructed, reconstructed, altered, repaired, converted, maintained or used or any land is used or any hedge, trees, shrub or other growth is maintained in violation of this chapter or of any regulation made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use, 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.
D. 
Every violation of this chapter shall constitute an offense; provided, however, that 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.
[Amended 11-1-1999 by L.L. No. 2-1999]

§ 200-75 Saving clause.

The repeal of Building Zone Ordinance No. 3, as amended, shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.