§ 331-140. Penalties for offenses.

A. 

Penalties.

(1) 

Any person who shall violate any provision of this Chapter or any other regulation made under authority conferred thereby, or who shall build or alter any structure in violation of any statement or plan submitted and approved thereunder, or who shall knowingly assist therein, shall be liable to a fine of not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this Chapter, or imprisonment for a period not exceeding 15 days, or both.

(2) 

Each day's continued violation shall constitute a separate and additional violation. In addition to the foregoing provisions, the City shall have such other remedies for any violation or threatened violation of this chapter as is now or may hereafter be provided by law. The application of any above penalty shall not be held to prevent any action under Subsection B below.

(3) 

In addition to the aforementioned penalties, all property owners and/or other responsible parties who have been duly served with a court appearance ticket issued pursuant to this Chapter for enforcement by the New Rochelle City Court shall be required to pay a mandatory surcharge in the amount of $100, except in those cases where the City Court Judge makes a determination that there was no legal basis for the appearance ticket. Said mandatory surcharge shall be separate and independent from any fines or penalties imposed pursuant to this Code and shall be payable to the City of New Rochelle.

[Added 12-13-2011 by Ord. No. 214-2011]

B. 

Prevention. In case any land or structure is used, erected, constructed, altered or maintained in violation of this chapter or of any regulation, restriction or requirement made pursuant thereto, including any statement or plan submitted and approved thereunder, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance, to restrain, correct or abate such violation, to prevent the occupancy of such structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Whenever the Building Official has reasonable grounds to believe that work on any structure is being conducted in violation of the provisions of this chapter, or not in conformity with any regulation, restriction or requirement made pursuant thereto, including any written statement or plan submitted and approved hereunder, or in an unsafe or dangerous manner, the Building Official shall issue a stop-work order pursuant to the provisions of § 111-41 of the Building Code.

C. 

Issuance of appearance tickets. The City Manager is hereby empowered to authorize such employees of the Bureau of Buildings as he may designate to issue appearance tickets and to file information with respect to violation of such provisions of this chapter as the Building Official may require for the enforcement thereof, and it shall be the duty of City employees so authorized, and they are hereby empowered, to issue appearance tickets and to file information with respect to such ordinance violations as the Building Official may require.

D. 

In addition to any penalties and remedies which may be imposed in connection with violation of an approved site plan, in the event such site plan requires amendment as a result of such violation, the application for such site plan amendment shall be accompanied by an additional fee payable to the City of New Rochelle in the amount prescribed in Chapter 133, Fees, of the City Code.

[Added 12-11-2007 by Ord. No. 294-2007]

Amended 10-16-2007 by Ord. No. 237-2007