A. Violations. All buildings and land used, and all buildings and structures erected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this chapter. Failure to comply with applicable provisions constitutes a violation of this chapter. Express violations include, but are not limited to the following:
(1) Using land or buildings in any way inconsistent with the requirements of this chapter;
(2) Erecting a building or other structure in any way inconsistent with the requirements of this chapter;
(3) Engaging in the development of land in any way inconsistent with the requirements of this chapter;
(4) Installation or use of a sign in any way inconsistent with the requirements of this chapter;
(5) Engaging in the use of a building or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this chapter without obtaining all such permits or approvals;
(6) Failure to comply with any permit or approval granted under this chapter;
(7) Failure to comply with any condition imposed on a permit or approval;
(8) Obscuring, obstructing, removing or destroying any notice required to be posted or otherwise given under this chapter; or
(9) Disobeying, omitting, neglecting or refusing to comply with or resist the enforcement of any of the provisions of this chapter.
B. Liability. The property owner, tenant or occupant of any land or structure, or part thereof, or any design professional, builder, contractor, vendor or authorized agent who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this chapter is jointly and severally liable for the violation and subject to all available penalties and remedies.
C. Remedies and enforcement powers. The Village may use any lawful remedy or enforcement powers, expressly including those described in this section. The remedies and enforcement powers established in this chapter are cumulative, and the Village may exercise them in any order:
(1) Withhold permit. Village officials may deny or withhold all permits or other forms of authorization for any land or structure for which there is an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit or other authorization previously granted by the Village. This provision applies regardless of whether the current property owner or applicant is responsible for the violation in question.
(2) Permits with conditions. Instead of withholding or denying a permit or other authorization, Village officials may grant such permit or authorization subject to the condition that the violation be corrected by a specified time. Village officials are also authorized to require adequate financial assurances that such correction will be made.
(3) Revoke permit.
(a) Any permit or other form of authorization required and issued under this chapter may be revoked when the Building Inspector determines that:
[1] There is departure from the plans, specifications or conditions required under terms of the permit;
[2] The development permit was procured by false representation or was issued by mistake; or
[3] Any of the provisions of this chapter are being violated.
(b) Written notice of revocation must be served upon the property owner, the property owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or posted in a prominent location. Once notice of revocation is provided, all construction must stop.
(4) Stop work. Whenever development is occurring in violation of this chapter, the Building Inspector may order the work to be immediately stopped, in accordance with the following standards:
(a) The stop-work order must be in writing and directed to the person doing the work; and
(b) The stop-work order must state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.
(5) Injunctive relief. The Village may seek an injunction or other equitable relief in court to stop any violation of this chapter.
(6) Abatement. The Village may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed before the violation.
(7) Remedial action. Any person who violates this chapter by alteration or modification of a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used, is required to remove all fixtures, connections, furnishings, partitions and non-load bearing walls used in the violation. Failure to remove any of the foregoing constitutes a separate violation.
(8) Penalties. Unless otherwise specified, any violation of this chapter is punishable by a penalty of not more than $350 for the first offense, $750 for the second offense, and $1,000 for the third and each subsequent offense. In addition to any penalties, all costs and expenses including reasonable attorney's fees and costs incurred by the Village in determining such violation may be collected.
(a) In addition, every violation of this chapter shall constitute disorderly conduct and every person violating the Zoning Chapter shall be a disorderly person, subject to both a fine and imprisonment not in excess of the maximum fine and imprisonment prescribed by the Penal Law for such disorderly conduct.
(b) Each week such violation or failure to comply exists after notice constitutes a separate and distinct offense.
(9) Other remedies and enforcement powers. Nothing in this chapter will be construed as depriving the Village of the right to apply for an injunction to prevent any violation or of employing any other remedies, as allowed by law.
D. Continuation of previous enforcement actions. Nothing in this chapter will be interpreted to prohibit the continuation of previous enforcement actions, undertaken by the Village under previous, valid ordinances and laws.
