Mamakating, N.Y., Code of Ordinances ch. 147 (eCode360 ed. 2026) § 147-12
Penalties for offenses
Operative Text
A. In addition to and not in lieu of any other remedies, any person who violates any provision of this chapter or who violates or fails to comply with any lawful order promulgated hereunder shall be guilty of a violation and, for a first conviction thereof, 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. B. Civil penalties and injunction. In addition to and not in lieu of any other remedies, the Town Board may also 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 injunction, the violation of this chapter or any order promulgated hereunder. The civil monetary penalties shall be in accordance with and not exceed the monetary penalties set forth in § 147-12A of this chapter. C. Each calendar day a violation occurs or continues shall constitute and be deemed a separate and distinct violation.
Section 147-12 of Mamakating's Code of Ordinances establishes a tiered penalty structure for violations of Chapter 147, with fines escalating based on the number of offenses within a 12-month window — ranging from $100–$250 for a first offense up to $500–$1,500 for a fourth or subsequent offense, with up to 15 days' imprisonment possible at each tier. The Town Board may also pursue civil monetary penalties and injunctive relief in court to compel compliance, with civil penalties capped at the same amounts set out in § 147-12A. Critically, each calendar day that a violation continues counts as a separate, distinct violation, meaning fines can accumulate rapidly over time.
Plain English — not legal advice.
Property owners and managers subject to Chapter 147 should be aware that § 147-12 treats every day of non-compliance as an independent violation, which means unresolved issues can quickly escalate from first-offense fines into the higher penalty tiers. Operators who maintain properties in continuous compliance with Chapter 147 and promptly address any lawful orders issued under it generally avoid the compounding exposure this provision creates. Keeping thorough records of corrective actions and timelines is a practice commonly associated with demonstrating good-faith compliance should a dispute arise.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 147-12 signals that the Town of Mamakating has meaningful enforcement tools available for Chapter 147 violations, including escalating fines and the ability to seek court-ordered injunctions compelling a landlord to comply. Tenants who believe a landlord is violating Chapter 147 may consider reporting the condition to the Town Board, which has authority under § 147-12B to initiate civil proceedings on the Town's behalf. Consulting a local tenant-rights organization or legal aid office can help clarify what remedies may be available and how the day-by-day violation counting under § 147-12C could be relevant to a particular 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.
Effective Timeline
References In
Rules and statutes that cite this regulation