Fallsburg, N.Y., Code of Ordinances ch. 218 (eCode360 ed. 2026) § 218-16
Penalties for offenses
Operative Text
A. In addition to and not in lieu of any other remedies, any person or entity who violates any provision of this chapter or who violates or fails to comply with any lawful order made hereunder shall pay a monetary penalty not less than $50 and not more than $1,500 for each offense, which penalty amount shall be assessed by the enforcement officer in an amount determined at the reasonable discretion of the enforcement officer. Any person or entity shall have the right to contest the penalty amount in the state courts within 30 days of assessment. All penalty amounts will include the costs and expenses incurred by the Town with respect to the enforcement of this chapter and the collection of said penalty. B. In addition to and not in lieu of any other remedies, any person or entity who violates any provision of this chapter or who violates or fails to comply with any lawful order made hereunder shall be guilty of a violation and, for a first conviction thereof in Justice Court, shall be subject to a fine in an amount not less than $100 nor more than $250 or a maximum of 15 days' imprisonment or both; for conviction of a second violation committed within 12 months of the first violation, such person shall be subject to a fine in an amount not less than $150 and not more than $350 or a maximum of 15 days' imprisonment or both; for conviction of a third violation committed within 12 months of the first violation, such person shall be subject to a fine in an amount not less than $400 and not more than $750 or a maximum of 15 days' imprisonment or both; for conviction of a fourth violation and for each subsequent violation committed within 12 months of any prior violation, such person shall be subject to a fine in an amount not less than $500 and not more than $1,500 or a maximum of 15 days' imprisonment or both. C. Civil penalties and injunction. A violation of this chapter is hereby deemed to be a nuisance and a hazard or detriment to the public health, safety and welfare. In addition to and not in lieu of any other remedies, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to obtain civil monetary penalties and compel compliance with or to restrain, by temporary restraining order and by temporary and permanent injunction, the violation of this chapter or any order made hereunder. The civil monetary penalties shall be in accordance with and not exceed the fines set forth in § 218-16B of this chapter. D. Each calendar day a violation occurs or continues shall constitute and be deemed a separate and distinct violation.
Section 218-16 of Fallsburg, N.Y., Code of Ordinances Chapter 218 establishes a layered penalty structure for violations of the chapter's requirements. An enforcement officer may assess a monetary penalty between $50 and $1,500 per offense, and separate criminal fines ranging from $100–$250 for a first conviction up to $500–$1,500 for a fourth or subsequent conviction within 12 months may also apply, along with up to 15 days' imprisonment. The Town Board may additionally pursue civil penalties and injunctive relief in court, and each calendar day a violation continues counts as its own separate offense.
Plain English — not legal advice.
Property owners and managers subject to Fallsburg Chapter 218 should be aware that § 218-16 creates multiple, simultaneous enforcement tracks — administrative monetary penalties, criminal fines in Justice Court, and civil court proceedings — that can run concurrently rather than as alternatives. A compliant operator generally ensures that all requirements of Chapter 218 are met on an ongoing basis, since each day of non-compliance is treated as a distinct violation under § 218-16D, which can cause penalties to accumulate rapidly. Operators who receive a penalty assessment have 30 days to contest the amount in state court, and enforcement costs incurred by the Town are included in the penalty total.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in properties subject to Fallsburg Chapter 218 may find § 218-16 relevant when a landlord is not complying with the chapter's requirements, because the provision gives the Town — not just individual tenants — tools to compel compliance through fines, criminal prosecution, and court injunctions. Because violations are treated as a public nuisance under § 218-16C, tenants may have grounds to report ongoing non-compliance to the Town's enforcement officer, who has authority to assess penalties and pursue corrective action. Tenant-rights organizations or legal aid services familiar with New York municipal code enforcement can help explain what reporting options and procedural rights may be available in a given situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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