A. Accountability. Any owner, lessee, contractor, agent or other person in possession and control who uses, erects, enlarges, alters, moves or maintains any Building, Structure, land, premises, or any part thereof except in conformity with the provisions of this chapter or of any conditions or requirements imposed thereunder or in compliance with a condition imposed by the Planning Commission, Zoning Board of Appeals, or other responsible official or who otherwise violates any provision of this chapter shall be subject to the enforcement and penalties imposed and contained in this section.
B. Inspection. In order to determine compliance with this chapter, the Code Enforcement Zoning Administrator is authorized, to the extent permitted by law, to enter, inspect, and examine any Building, Structure, place, land, premises, or Use in the Village of Port Chester.
C. Notice of Violation and Order to Abate.

(1) Written Notice of Violation. Upon finding any construction, Improvements, or Uses to be in violation of this chapter, the Code Enforcement Zoning Administrator shall transmit a written Notice of Violation and Order to Abate by posting same on the subject property and by personal service or registered or certified mail, to the responsible party(ies).
(2) Content of Notice. The Notice of Violation shall be a written, succinct statement, signed and dated by the Code Enforcement Zoning Administrator, in form and content containing the following:

(a) The street address and Tax Parcel Identification Number;
(b) The condition or activity that violates this chapter;
(c) The provision(s) of this chapter which is/are violated by the specified condition or activity;
(d) A period of 30 days for achieving compliance unless a shorter period is determined by Code Enforcement Personnel;
(e) A directive that compliance be achieved within the specified period of time to the satisfaction of the Code Enforcement Zoning Administrator; and
(f) A failure to comply with the directive within the said time shall subject the recipient to enforcement as provided in this section.

(3) Compliance Period. The Code Enforcement Zoning Administrator is authorized to grant an additional 30 days to comply with a Notice of Violation and Order to Abate on a showing of just cause.

D. Abatement of Violations. The Code Enforcement Zoning Administrator may undertake actions including, but not limited to, the issuance of a stop-work or cease-and-desist order, instituting an appropriate legal action or proceeding to prevent, restrain, correct, or abate any violation of this chapter, to prevent the occupancy of premises, or to prevent any activity, business, or Use in violation of this chapter or any conditions or requirements imposed under it or in violation or without complying with a condition imposed by the Zoning Board of Appeals, Planning Commission, or other responsible official.
E. Penalties.

(1) Each and every day a violation of this chapter exists shall constitute a separate and distinct offense.
(2) Persons found guilty of a first offense shall be subject to a fine not exceeding $700 for each violation and/or imprisonment up to 15 days, and each such violation shall constitute a violation.
(3) Persons found guilty of a second offense, both of which were committed within a period of 10 years, shall be subject to a fine of not less than $700 nor more than $1,400 and/or imprisonment up to one year, and each such violation shall constitute a misdemeanor.
(4) Upon conviction of a third or subsequent offense, all of which were committed within a period of 10 years, violators shall be subject to a fine not less than $1,400 nor more than $2,000 and/or imprisonment up to one year, and each such violation shall constitute a misdemeanor.
(5) In addition to those penalties prescribed above, any person who violates any provision of this chapter shall be liable to a civil penalty in a minimum amount of $250 not to exceed $1,000. Each day of such violation shall constitute a separate and distinct offense. The civil penalty provided by this subsection shall be recoverable in an action instituted in the name of the Village of Port Chester.

F. Court Action. An action or proceeding may be instituted in the name of the Village of Port Chester, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of this chapter or condition imposed by the Zoning Board of Appeals, Planning Commission, or other responsible official. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of this chapter, an action or proceeding may be commenced in the name of the Village of Port Chester in a court having the requisite jurisdiction so as to secure an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.
G. Other Remedies. In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or lot or to prevent any illegal act, conduct, business or use in or about such premises.
H. Remedies Not Exclusive. The election of any one of the enforcement actions provided hereinabove shall not be exclusive.