N.Y. Town Law § 268: Enforcement and remedies

§ 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.