Poquott, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-16

Penalties for offenses

In Force
Verified 11/10/2026 · Next check 12/10/2026
PoquottRental Registration

Operative Text

Poquott, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-16
Any person, association, estate, limited liability company, trust, firm or corporation or other entity which violates any provision of this article or assists in the violation of any provision of this article, including but not limited to the owner, manager, person in control, real estate broker or agent, or officer or partner of the owner or applicant, who shall be guilty of a violation of this article as that term is defined in the New York Penal Law and which is punishable as follows: A. The first violation of this article within an eighteen-month period shall be punishable by a fine of not less than $1,000 nor more than $2,500. B. The second violation of this article within an eighteen-month period shall be punishable by a fine of not less than $2,500 nor more than $5,000. C. The third violation of this article within an eighteen-month period shall be punishable by a fine of not less than $5,000 nor more than $10,000. D. Each day that a violation of this article should exist shall constitute a separate violation of this article whether or not an additional appearance ticket is issued for that offense or violation. E. For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this article shall be deemed violations, and, for such purpose only, all provisions of law relating to violations shall apply. Each day's continued violation shall constitute a separate additional violation whether or not an additional appearance ticket is issued for that offense or violation. F. A violation existing at the premises shall be a violation by and of the tenant, owner, manager, person in control, and their agents and representatives, and the real estate broker or agent for the property or rental, each of which or all of which may, at the sole discretion of the Village, be issued an appearance ticket and charged for that violation or offense, and prosecuted for the existence of a violation. G. Additionally, in lieu of imposing the fine authorized by this article, in accordance with Penal Law § 80.05(5) , the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. H. The court may dismiss the violation or reduce the minimum fine imposed where it finds that the defendant has cooperated with the Village of Poquott in the investigation and prosecution of a violation of this article. I. Where authorized by a duly adopted resolution of the Board of Trustees, the Village Attorney or other counsel retained by the Board of Trustees for that purpose 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 or for other relief as may be appropriate or to take such other civil action as may be necessary to correct, prevent or remove a violation or unsafe and hazardous condition. The owner and tenants of the residence wherein the violation is conducted, maintained or permitted may be made defendants in the action. The commencement of a civil proceeding by the Village shall not be deemed or construed to be a waiver by the Village of the right to bring an action for prosecution or enforcement of the violation and the fines and penalties under this section or as otherwise may be applicable under the law, and the election of either a prosecution or civil proceeding by the Village shall not be exclusive of any other remedy. The Village shall be entitled to an award of all costs in the proceeding, including but not limited to administrative, engineering, filing, and other costs and legal fees, and to bring a separate action for those costs as may be necessary. J. The Village shall have the right, after the determination by the Code Enforcement Official, or other appropriate official or employee of the Village, that a dangerous, hazardous or unsafe condition exists on a premises that is subject to this article, after the expiration of 10 calendar days from the date of the mailing of written notice to the owner and the occupant served by regular and certified mail, return receipt requested, to enter the premises and cure, correct or repair the dangerous, hazardous or unsafe condition, and all costs and expenses associated with that action by the Village (including administrative, engineering and professional fees in the amount of 25% of the actual costs and expenses incurred in curing, correcting or repairing the condition) shall be reimbursed by the owner of the property to the Village, and in the event that the amount has not been paid to the Village within 10 days of the date of billing, the amount shall become a lien on the property and billable in the next Village real estate tax bill for that property. The notice required in this section shall not prejudice or affect any other right that the Village may have under the law to address or remedy a dangerous, hazardous or unsafe condition, including the right to immediately enter the property to correct a condition that is an imminent danger to life, property or public safety.
Source: Legislative text reproduced verbatim
Plain English

Poquott, N.Y., Code of Ordinances ch. 123 § 123-16 establishes a tiered fine structure for violations of the article, with penalties escalating based on how many violations occur within an eighteen-month period — ranging from $1,000–$2,500 for a first offense up to $5,000–$10,000 for a third. Every day a violation continues counts as a separate, independent violation. As an alternative to standard fines, a court may instead impose a penalty of up to double the rent collected during the occupancy, and the Village retains the right to pursue civil injunctive relief or to directly remediate hazardous conditions and recover those costs from the property owner.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 10, 2026

Plain English — not legal advice.

For Property Managers

Under § 123-16, compliant operators in Poquott promptly address any condition that could constitute a violation of the article, since each day of non-compliance is treated as a new, separate offense with its own fine exposure. Operators should be aware that fines escalate significantly with repeat violations within an eighteen-month window, and that the Village may also pursue civil proceedings or enter the property to correct dangerous conditions — then bill the owner for all associated costs, including a 25% administrative surcharge, with unpaid amounts becoming a lien on the property. Maintaining thorough records of corrective actions and cooperating with Village investigations may be relevant, as § 123-16(H) allows a court to reduce or dismiss fines where a defendant has cooperated with the Village.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 123-16 explicitly names tenants as potential defendants in enforcement actions, meaning a violation existing at a rental premises can result in an appearance ticket and prosecution of the tenant, not just the owner or manager. Tenants who become aware of a violation at their residence may want to understand that cooperation with the Village's investigation is a factor courts can consider when deciding whether to reduce or dismiss fines under § 123-16(H). Consulting a tenant-rights organization or legal aid service familiar with Poquott Village ordinances can help tenants understand their exposure and the options generally available to them.

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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Poquott Code § 123-10
Poquott Code § 123-7
Poquott Code § 123-7
Poquott Code § 123-10

Related Rules

§ 244.210
Manner of registering
§ 244.230
Posting
§ 165.10
JUST CAUSE ENFORCEMENT FEE

Source Information

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