§ 475-11. Penalties for offenses.  


Latest version.
  • A. 
    It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of this chapter or any amendment hereto, or to fail in any manner to comply with a notice, directive or order of the Zoning Enforcement Officer, or to construct, alter, use or occupy any building structure or part thereof in a manner not permitted by an approved zoning permit or certificate of compliance.
    B. 
    It shall be unlawful for any person to fail to comply with a written order of the Zoning Enforcement Officer within the time fixed for compliance therewith.
    C. 
    It shall be unlawful for any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or for any other person taking part or assisting in the construction, repair or use of any building to violate any of the applicable provisions of this chapter, or any lawful order, notice, directive, permit or certificates of the Zoning Enforcement Officer made hereunder.
    D. 
    Any violation of this section and/or this chapter shall be punishable by a fine of not more than $250 or imprisonment of not more than 30 days or to both such fine and imprisonment. In addition, any violation of this section and/or this chapter shall be subject to a civil penalty of $250 and each and every week such violation continues shall be deemed a separate and distinct violation.
    [Amended 8-12-1991 by L.L. No. 1-1991]
    E. 
    The Zoning Enforcement Officer may institute court action to enforce the provisions of this chapter by issuance of an appearance ticket as defined in § 150.10 of the Criminal Procedure Law of the State of New York directing the person, firm or corporation allegedly in violation of this chapter to appear in the Town of Bergen Justice Court in connection with the alleged offense, or may refer the matter to the Town Board for its action. The appearance ticket shall be served personally upon the person, firm or corporation allegedly violating any of the provisions of this chapter on less than 10 days in advance of the date designated in the appearance ticket for appearance in the Town of Bergen Justice Court.
    [Amended 12-28-1991 by L.L. No. 5-1991]
    F. 
    In addition to the foregoing remedies, the Town of Bergen may maintain an action for injunction to restrain, correct or abate any violation of this chapter and/or maintain an action at law for damages sustained as a result of any violation of this chapter. Damages may include, but not be limited to, the legal fees and court costs expended or incurred by the Town as a result of any legal proceedings brought hereunder.
Amended 6-24-1985 by L.L. No. 3-1985