(1) Whenever the Code Enforcement Officer finds that there has been a violation of this chapter, the Code Enforcement Officer is authorized to issue an order to remedy.

(2) An order to remedy shall be in writing; identify the property at issue; specify the condition or activity that violates this chapter; specify the provisions of this chapter which are violated by the specified condition or activity; and include a statement that the violations must be corrected within 30 days after the date of the order to remedy (or, if the violations are not reasonably capable of cure within 30 days, shall include a statement that the owner, operator, or occupant must commence to cure such violations within such thirty-day period and thereafter diligently and with continuity prosecute such cure to completion in a period not to exceed 90 days after the Town's notice). The order may direct the person served with the order to begin to remedy the violation(s) immediately or within some other stated period of time that can be less than 30 days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time.

(3) The order to remedy, or a copy thereof, may be served by personal service on the owner, operator or occupant, by mailing by registered or certified mail sent to the address set forth in the application for any permit or approval submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. The Code Enforcement Officer shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any tenant, lessee, or any other person or entity taking part or assisting in actions regarding structures or uses at the affected property. Such service shall be made personally or by registered mail or certified mail; provided, however, that failure to serve any person or entity mentioned in the preceding sentence shall not affect the efficacy of the order to remedy.

B. Fines and imprisonment. Pursuant to § 268 of the New York Town Law, any individual, association, organization, partnership, firm, corporation or other entity recognized by law that violates any provision of this chapter, any term or condition of any permit or approval issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be deemed guilty of an offense, and upon conviction thereof shall be subject to a fine or imprisonment (or both) as provided in § 268. Each week's continued violation shall constitute a separate offense.

C. Civil penalties.

(1) In addition to any other remedies, any individual, association, organization, partnership, firm, corporation or other entity recognized by law that violates any provision of this chapter, any term or condition of any permit or approval issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable for a civil penalty of not more than $1,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca.

(2) Notwithstanding the foregoing, any individual, association, organization, partnership, firm, corporation or other entity recognized by law that violates any provision of § 270-219 (Personal wireless service facility), any term or condition of any personal wireless service facility permit, any term or condition of any approval related to a personal wireless service facility issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice related to a personal wireless service facility issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable for a civil penalty of not more than $5,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca.

D. Injunctions and court orders. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, any term or condition of any permit or approval issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice issued by the Code Enforcement Officer pursuant to any provision of this chapter. Such remedy shall be in addition to fines, penalties, imprisonment, and other remedies otherwise prescribed by law (including by this chapter or by New York Town Law).

E. Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the exclusive remedy, fine or penalty available to address any violation described in this chapter, and each remedy, fine or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies, fines or penalties specified in this section, or in any other section of this chapter or other applicable law. Any remedy, fine or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this section, in any other section of this chapter, or in any other applicable law.

F. Conviction or judicial determination of a violation of this section shall constitute and effect an immediate forfeiture of any permit hereunder held by the individual, association, organization, partnership, firm, corporation or other entity recognized by law that is so convicted.