Sidney Village City Zoning Code
ARTICLE VIII
Violations and Penalties
§ 215-30 Violations; abatement procedure; penalties for offenses.
Authority. In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained or any building, structure, land or premises is used in violation of this chapter or any regulation or requirement made pursuant thereto, or under authority conferred thereby, in addition to other lawful remedies, the Board of Trustees or, with its approval, the Building Inspector may, pursuant to § 7-714 of the Village Law, institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such buildings, land or premises; or to prevent any illegal act, conduct, business or use in or about such premises.
Discovery of violations. The Building Inspector shall determine the existence of violations of the provisions of this chapter through such investigations as he or she shall conduct pursuant to the issuance of building permits and certificates of occupancy and through the prompt investigation of such written complaints as are filed with him or her by persons having reason to believe that such violations exist. The Building Inspector may also determine the existence of such violations by means of investigations conducted at his or her initiative.
Procedure for abatement of violations.
Notice of violation. Upon finding violations of the provisions of this chapter, the Building Inspector shall serve written notice either by personal service or certified mail, addressed to the premises of such violation, on the person committing or permitting such violation or on the owner of the property. Such notice shall specify the nature of such violations as exist and specify a reasonable time limit, of not less than five days, in which compliance shall be achieved.
Legal action. The Building Inspector shall, upon failure of the responsible party to comply with a violation order within the specified time, refer the matter to the Board of Trustees so that the Board of Trustees may, by resolution, direct the Village Attorney to undertake appropriate legal action against such party.
Penalty on violation.
Any person or corporation, whether as owner, lessee, architect, building contractor or the agent or employee of any of them, which violates or is accessory to the violation of any provision of this chapter or which shall erect, construct, alter, enlarge, convert or move any building or structure without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter, or which shall use any building, structure or land in violation of this chapter or any regulation made under the authority conferred by this chapter or in violation of the provisions of any building permit or certificate of occupancy or without a building permit or certificate of occupancy where one is required by this chapter, shall be liable to a fine not exceeding, in the case of one violation, $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
Any person violating this chapter shall also be subject to a civil penalty enforceable and collectible by the Village in the amount of $50 for each week such offense shall continue. Such penalty shall be collectable by and in the name of the Village for each week such violation shall continue, not to exceed $250.
In addition to the above-provided penalties and punishment, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.