Section 268. Enforcement and remedies  


Latest version.
  • 1. The town board may provide by
      local law or ordinance for the enforcement of this article  and  of  any
      local  law, ordinance or regulation made thereunder. A violation of this
      article or of such local law, ordinance or regulation is hereby declared
      to be an offense, punishable by a fine not exceeding three hundred fifty
      dollars or imprisonment for a period not to exceed six months,  or  both
      for  conviction  of  a first offense; for conviction of a second offense
      both of which were committed within a period of five  years,  punishable
      by  a fine not less than three hundred fifty dollars nor more than seven
      hundred dollars or imprisonment for a period not to exceed  six  months,
      or  both;  and, upon conviction for a third or subsequent offense all of
      which were committed within a period of five years, punishable by a fine
      not less than seven hundred dollars nor more than one  thousand  dollars
      or imprisonment for a period not to exceed six months, or both. However,
      for  the  purpose  of  conferring  jurisdiction upon courts and judicial
      officers generally, violations of this article or  of  such  local  law,
      ordinance  or  regulation  shall  be  deemed  misdemeanors  and for such
      purpose only all provisions of law relating to misdemeanors shall  apply
      to  such  violations. Each week's continued violation shall constitute a
      separate additional violation.
        2.  In  case  any  building  or  structure  is  erected,  constructed,
      reconstructed,  altered,  converted  or  maintained,  or  any  building,
      structure or land is used, or any land is divided into lots, blocks,  or
      sites  in  violation  of  this article or of any local law, ordinance or
      other regulation made under  authority  conferred  thereby,  the  proper
      local  authorities  of  the  town,  in  addition  to other remedies, may
      institute any appropriate action or proceedings to prevent such unlawful
      erection,   construction,   reconstruction,   alteration,    conversion,
      maintenance, use or division of land, to restrain, correct or abate such
      violation, to prevent the occupancy of said building, structure, or land
      or to prevent any illegal act, conduct, business or use in or about such
      premises;  and  upon the failure or refusal of the proper local officer,
      board or body of the town to institute any such  appropriate  action  or
      proceeding  for a period of ten days after written request by a resident
      taxpayer of the town so to proceed, any  three  taxpayers  of  the  town
      residing  in the district wherein such violation exists, who are jointly
      or severally aggrieved by such violation, may institute such appropriate
      action or proceeding in like manner as such local officer, board or body
      of the town is authorized to do.