§ 92-13. Enforcement; penalties for offenses.

A. 

Compliance orders. The CEO is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, the Town Code or this chapter. Upon finding that any such condition or activity exists, the CEO shall issue a compliance order. The compliance order shall:

(1) 

Be in writing;

(2) 

Be dated and signed by the CEO;

(3) 

Specify the condition or activity that violates the Uniform Code, the Energy Code, the Town Code;

(4) 

Specify the provision or provisions of the Uniform Code, the Energy Code or the Town Code which is/are violated by the specific condition or activity;

(5) 

Specify the period of time which the CEO deems to be reasonably necessary for achieving compliance;

(6) 

Direct that compliance be achieved within the specified period of time; and

(7) 

State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The CEO shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The CEO shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

B. 

Appearance tickets. The CEO and Assistant CEOs are authorized to issue appearance tickets for any violation of the Uniform Code or the Town Code.

C. 

Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code, the Town Code, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the CEO pursuant to any provision of this chapter shall be liable for a civil penalty of not more than $250 for each day or part thereof during which such violation exists or continues. The civil penalties provided by this section shall be recoverable in an action instituted in the name of the Town of Canandaigua.

[Amended 7-16-2018 by L.L. No. 4-2018]

D. 

Criminal fines or imprisonment.

(1) 

Any person who shall violate any provisions of this chapter or of any stop-work order issued hereunder, shall be guilty of an offense punishable by a fine not to exceed $250 or by imprisonment for not more than 15 days, or both such fine and imprisonment.

(2) 

In addition to the above penalty, the Town may institute an action to prevent, restrain, correct or abate any such violation or enforce any provision of this chapter.

E. 

Injunctive relief. An action or proceeding may be instituted in the name of the Town of Canandaigua, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code or the Town Code, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order or other order obtained under the Uniform Code, the Energy Code or the Town Code, an action or proceeding may be commenced in the name of the Town of Canandaigua, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board.

F. 

Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 92-4, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 92-4, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Section (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Section (2) of § 382 of the Executive Law.

[Amended 7-17-2007 by L.L. No. 8-2007]