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This entry was published on 2014-09-22
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SECTION 268
Enforcement and remedies
Town (TWN) CHAPTER 62, ARTICLE 16
§ 268. Enforcement and remedies. 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.