§ 163-95. Penalties for offenses.

A. 

A violation of this article by the owner(s) and/or tenant(s) shall be punishable as follows:

(1) 

A violation of § 163-81A, 163-81A(1), or 163-85A through L is hereby declared to be an offense punishable by a fine not less than $250 nor more than $2,500 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense;

(2) 

A second or subsequent violation of this article within an eighteen-month period is hereby declared to be an offense punishable by a fine not less than $3,000 nor more than $5,000 or imprisonment not to exceed a period of six months, or both;

(3) 

For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this article, other than §§ 163-81A and/or 163-81A(1), shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation.

B. 

Additionally, in lieu of imposing the fines authorized in § 163-95A, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, no less than the applicable minimum statutory fine permitted under § 163-95A nor more than double the amount of the rent collected over the term of the occupancy.

C. 

The court may dismiss the violation or reduce the minimum fine imposed where it finds that the defendant had cooperated with the Village of North Haven in the investigation and prosecution of a violation of this article. Factors which the court may consider include, but are not limited to, a report from the office of the Village Attorney confirming that the defendant did in fact cooperate and whether:

(1) 

The defendant reported the violation(s) to the Village of North Haven;

(2) 

The defendant assisted the Village of North Haven in investigating and prosecuting the violation(s);

(3) 

The defendant provided access to the rental property;

(4) 

The defendant promptly pursued his/her/its own rights under the lease to remedy the violation or adequately pursued an eviction proceeding;

(5) 

All violations existing at the rental property have been promptly remediated.

D. 

Where authorized by a duly adopted resolution of the Village Board, the Village Attorney may bring and maintain a civil proceeding, in the name of the Village, in the Supreme Court, to permanently enjoin the person or persons conducting, maintaining or permitting said violation. The owner and tenants of the residence wherein the violation is conducted, maintained or permitted may be made defendants in the action.

(1) 

If a finding is made by a court of competent jurisdiction that the defendants or any of them has caused, permitted, or allowed a violation of this article, a penalty to be jointly and severally included in the judgment may be awarded at the discretion of the court in an amount not to exceed $1,000 for each day it is found that the defendants or any one of them individually caused, permitted or allowed the violation. Upon recovery, such penalty shall be paid into the Village General Fund.