[HISTORY: Adopted by the Board of Trustees of the Village
of Hudson Falls 7-14-2014 by L.L. No. 3-2014. Amendments noted where
applicable.]
A.
The Property Maintenance Code of New York State applies to all existing
residential and nonresidential structures and all existing premises,
and constitutes minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the responsibility
of owners, operators and occupants; and the occupancy of existing
structures and premises. The Property Maintenance Code is intended
to provide minimum requirements to safeguard public safety, health
and general welfare insofar as they are affected by the occupancy
and maintenance of structures and premises.
B.
The Village Board of Trustees of the Village of Hudson Falls finds
that unkept, unsanitary, and otherwise improperly maintained premises
and structures within the Village, in addition to the obvious hazards
which these conditions pose to the public health, safety and welfare,
adversely affect the value, utility and habitability of property within
the Village as a whole and can specifically cause substantial damage
to adjoining and nearby properties. A property which is inadequately
maintained may substantially reduce the value of adjoining property.
If there are a number of properties that are unkept, unsightly, unsanitary
and/or dangerous, the habitability and economic well-being of the
Village as a whole are materially and adversely affected. This chapter
conveys to the Village administration all necessary and proper powers
to remedy unkept, unsightly, unsanitary and improperly maintained
or substandard structures or premises that may be found to exist within
the Village, and to charge the costs of such action to those responsible
and against the properties themselves. This chapter is an exercise
of the Village's police power, and it shall be liberally construed
to effect this purpose.
C.
In order to protect the health and safety of the residents of the
Village of Hudson Falls, and to promote the general welfare of the
community, the Village Board of Trustees hereby adopts the Property
Maintenance Code of the State of New York. Copies of the provisions
of the New York State Property Maintenance Code shall be on file with
the Village Clerk and shall be made available to members of the general
public upon request.
Where differences occur between provisions of this chapter and
other referenced standards (e.g., the New York State Uniform Fire
Prevention and Building Code), the more stringent provisions shall
apply. Any repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and
provisions of the New York State Uniform Fire Prevention and Building
Code and National Fire Protection Association regulations or other
referenced standards. This chapter shall not affect violations of
any other ordinance, code or other regulation existing prior to the
effective date, and any such violations shall be governed and shall
continue to be punishable to the fall extent of the law under the
provisions of those ordinances, codes or regulations in effect at
the time the violation was committed.
A.
The Code Enforcement Officer of the Village or other officer duly
authorized by the Village shall issue all necessary notices or orders
to ensure compliance with this chapter.
B.
The Code Enforcement Officer, upon proper notification and with sufficient
cause, is authorized to enter a structure or premises at reasonable
times to inspect. Prior to entering into a space not otherwise open
to the general public, the Code Enforcement Officer shall make a reasonable
effort to locate the owner or other person having charge or control
of the structure or premises, present proper identification and request
entry. If requested entry is refused or not obtained, the Code Enforcement
Officer shall pursue recourse as provided by law.
C.
Notice of violation.
(1)
Whenever the Code Enforcement Officer determines that there has been
a violation of this chapter or has grounds to believe that a violation
has occurred, notice shall be given to the owner or the person or
persons responsible. Such notice shall:
(a)
Be in writing;
(b)
Include a description of the property sufficient for identification;
(c)
Include a statement of the reason or reasons why this notice
is being issued; and
(d)
Include an order describing the repairs, improvements, or other
actions required to bring the structure and/or premises into compliance
with the provisions of this chapter.
(2)
Such notice shall be deemed to be properly served if a copy is either
delivered to the owner personally or sent by certified mail addressed
to the owner at the address of record. If the letter is returned,
a copy shall be posted in a conspicuous place in or about the structure
or premises affected by such notice. Service of such notice in the
foregoing manner upon the owner's agent or upon a person responsible
for the structure or premises shall constitute service of notice upon
the owner.
D.
In addition to any fines or penalties prescribed by state law for
violations of the New York State Uniform Fire Prevention and Building
Code, or for violations of any other provisions of this Code or any
term or condition of any building permit, certificate of occupancy/compliance,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Village Code Enforcement Officer pursuant
to any provision of this Code, violations of this chapter shall be
punishable by any of the following, or a combination thereof:
(1)
A fine in an amount up to $1,000 per violation;
(2)
A fine in an amount up to $1,000 for each day or part thereof during
which such violation or violations continue;
(3)
Community service as may be imposed by the Village Court of Hudson
Falls;
(4)
Imprisonment for a period not exceeding 15 days;
(5)
A conditional discharge; and/or
(6)
An unconditional discharge.
E.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense and shall be considered a continuing
violation until the violation is corrected, and shall be punishable
by any of the above remedies, or combination thereof, for each day
that the property, structure or premises remains in violation.
F.
In the event that the owner fails to comply with the order of the
Code Enforcement Officer, the Code Enforcement Officer is authorized
to engage the services of a contractor to perform whatever actions
are necessary to bring the structure or premises into compliance with
the provisions of this chapter. Prior to engaging a contractor for
said purpose, the Code Enforcement Officer shall provide written notice
to the owner advising of the Code Enforcement Officer's intent
to engage a contractor for said purpose. The owner shall have a period
of seven days from the date of the mailing of said notice to either
arrange to perform the required work or actions to bring the structure
or premises into compliance, or may file a letter with the Village
Clerk appealing the decision of the Code Enforcement Officer. The
Village Board of Trustees shall process said appeal by giving notice
to the property owner and scheduling a hearing within 10 days in order
to make a determination whether to either uphold the decision of the
Code Enforcement Officer or to vacate or modify the decision of the
Code Enforcement Officer with respect to the alleged violation of
this chapter.
G.
In the event that the Village incurs costs and expenses in order
to bring the structure or premises into compliance with this chapter,
the Village shall assess all costs and expenses incurred against such
property. Such assessment shall be collected in the same manner as
real property taxes are collected as provided by law.
H.
Nothing contained in this chapter shall prevent the Village from
seeking judicial or equitable relief to abate violations of this chapter.
No remedy or penalty specified in this chapter shall be the exclusive
remedy available to address any violation described in this section.
Each remedy or penalty specified herein shall be in addition to, and
not in substitution or limitation of, any other remedies or penalties
specified in this Code or in any other applicable law.
