§ 268 — Enforcement and remedies

New York § 268

• Jurisdiction: New York
• Law TWN: Town
• Art. 16: Zoning and Planning

Text

§ 268. Enforcement and remedies. 1. The town board may provide by\nlocal law or ordinance for the enforcement of this article and of any\nlocal law, ordinance or regulation made thereunder. A violation of this\narticle or of such local law, ordinance or regulation is hereby declared\nto be an offense, punishable by a fine not exceeding three hundred fifty\ndollars or imprisonment for a period not to exceed six months, or both\nfor conviction of a first offense; for conviction of a second offense\nboth of which were committed within a period of five years, punishable\nby a fine not less than three hundred fifty dollars nor more than seven\nhundred dollars or imprisonment for a period not to exceed six months,\nor both; and, upon conviction for a third or subsequent offense all of\nwhich were committed within a period of five years, punishable by a fine\nnot less than seven hundred dollars nor more than one thousand dollars\nor imprisonment for a period not to exceed six months, or both. However,\nfor the purpose of conferring jurisdiction upon courts and judicial\nofficers generally, violations of this article or of such local law,\nordinance or regulation shall be deemed misdemeanors and for such\npurpose only all provisions of law relating to misdemeanors shall apply\nto such violations. Each week's continued violation shall constitute a\nseparate additional violation.\n 2. In case any building or structure is erected, constructed,\nreconstructed, altered, converted or maintained, or any building,\nstructure or land is used, or any land is divided into lots, blocks, or\nsites in violation of this article or of any local law, ordinance or\nother regulation made under authority conferred thereby, the proper\nlocal authorities of the town, in addition to other remedies, may\ninstitute any appropriate action or proceedings to prevent such unlawful\nerection, construction, reconstruction, alteration, conversion,\nmaintenance, use or division of land, to restrain, correct or abate such\nviolation, to prevent the occupancy of said building, structure, or land\nor to prevent any illegal act, conduct, business or use in or about such\npremises; and upon the failure or refusal of the proper local officer,\nboard or body of the town to institute any such appropriate action or\nproceeding for a period of ten days after written request by a resident\ntaxpayer of the town so to proceed, any three taxpayers of the town\nresiding in the district wherein such violation exists, who are jointly\nor severally aggrieved by such violation, may institute such appropriate\naction or proceeding in like manner as such local officer, board or body\nof the town is authorized to do.\n