Whenever it is determined that the condition of a dwelling, dwelling unit, rooming house, rooming unit or premises is in violation of any applicable code which is not provided for by this law or which is provided for by a higher standard of such other law, code, law or regulation as provided in § 197-5, such condition or violation shall be referred to the appropriate authority.
Whenever a notice, order or complaint has been issued for any infraction
of this law, the Commissioner may file a copy of such notice, order or complaint
in his office. Such recording shall constitute appropriate information of
such notice, order or complaint to any subsequent purchaser, transferee, grantee,
mortgagee or lessee of the property affected thereby.
All records of the Code Enforcement Agency shall be public. Upon request,
the Building Department shall be required to make a search and issue a certificate
of any of its records, including violations, and shall have the power to charge
and collect reasonable fees of such searches or certificates.
The Commissioner is authorized to make and adopt such written rules
and regulations as may be necessary for the proper enforcement and interpretation
of this law and to secure the intent thereof. Such rules and regulations shall
not be in conflict with the provisions of this law or any other law of the
Village of Port Chester nor shall they have the effect of waiving any provisions
of this law or any other law. Such rules and regulations shall have the same
force and effect as the provisions of this law, and the penalty for violation
thereof shall be the same as the penalty for violation of the provisions of
this law. Such rules and regulations shall be submitted to the local legislative
body for the Commissioner. Failure of the Board of Trustees to approve, reject
or modify such rules and regulations within 30 days after submission shall
be deemed to constitute approval thereof. Said rules and regulations, as approved
by the local legislative body, shall be on file and available as a matter
of public record.
No officer, agent or employee of the Village of Port Chester shall render
himself personally liable for any damage that may occur to persons or property
as a result of any act required or permitted in the discharge of his duties
under this law.
A.
Any person who shall knowingly and willfully violate
or assist in the violation of this chapter shall, upon conviction, be punished
by a fine of not more than $250 for each offense. Each day that such violation
continues shall constitute a separate offense. In addition, a violation of
this chapter shall constitute disorderly conduct, and the person violating
the same shall be a disorderly person. The term "person," as used in this
section, shall include the owner, occupant, mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee, agent or any other
person, firm or corporation directly or indirectly in control of a building
or part thereof.
B.
The Village Attorney shall, upon complaint of the Commissioner
or upon order of the Board of Trustees or upon his own motion, institute appropriate
action to restrain, prevent, enjoin, abate, correct or remove such violation
and to take such other legal action as is necessary to carry out the terms
and provisions of this law. The remedies provided for herein shall be cumulative
and not exclusive and shall be in addition to any other remedies provided
by law. Any and all remedies may be pursued concurrently or consecutively,
and the pursuit of any remedy shall not be construed as an election of the
waiver of the right to pursue any and all of the other.
