§ 70-33. Penalties for
offenses.
In
accordance with § 381 of Article 18 of the Executive Law of the State of
New York:
A. It
shall be unlawful for any person, firm, or corporation to construct, alter,
repair, move, remove, demolish, equip, use, occupy or maintain any building or
structure or portion thereof in violation of any provision of this chapter or
to fail in any manner to comply with a notice, directive or order of the Code
Enforcement Officer, or to construct, alter or use and occupy any building or
structure or part thereof in a manner not permitted by an approved building
permit or certificate of occupancy.
B. Any
person who shall fail to comply with a written order of the Code Enforcement
Officer within the time fixed for compliance therewith, and any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent or
their agents, or any other person taking part of assisting in the construction
or use of any building who shall knowingly violate any of the applicable
provisions of this chapter, or any lawful order, notice, directive, permit or
certificate of the Code Enforcement Officer made thereunder shall be punishable
by a fine of not more than $250. Each day that a violation continues shall be
deemed a separate offense.
C. Except
as provided otherwise by law, such a violation shall not be a crime and the
penalty or punishment imposed therefor shall not be deemed for any purpose a
penal or criminal penalty or punishment, and shall not impose any liability
upon or affect or impair the credibility as a witness, or otherwise, of any
person convicted thereof.
D. This
section shall not apply to violations of the provisions of the Building Codes
of New York punishable under § 382 of the Executive Law of the State of
New York; nor to violations of the provisions of the Multiple Residence Law
punishable under § 304 of the Multiple Residence Law of the State of New
York.
§ 70-34. Abatement of
violation.
Appropriate
actions and proceedings may be taken at law or in equity to prevent unlawful
construction or to restrain, correct or abate a violation or to prevent illegal
occupancy of a building, structure, or premises or to prevent illegal acts,
conduct or business in or about any premises; and these remedies shall be in
addition to the penalties prescribed in the preceding section.
