The enforcement officer shall recommend rules
and regulations as may be deemed reasonably necessary for the enforcement
of the provisions of this chapter which shall be adopted only upon
approval of the Village Board.
A.
Authorized. The enforcement officer is hereby authorized
and directed to make inspections to determine whether the condition
of dwellings, dwelling units and rooming units and premises located
within the Village are in compliance with the requirements of this
chapter.
B.
Right of entry. For the purpose set forth in Subsection A and in order that he or she may perform his or her duty of safeguarding the health and safety of the occupants of such dwelling and the general public, the enforcement officer is hereby authorized to enter, examine and survey at reasonable times all dwellings, dwelling units and premises with permission of the occupant and/or owner. However, such inspections shall be made upon request to the owner or manager and/or occupant of the premises to be inspected and at the convenience of such owner or manager and/or occupant. In the event that access to such dwelling or premises cannot be obtained by permission, the enforcement officer, if he or she has reason to believe any part of said dwelling or premises is in violation of one or more of the provisions of this chapter, may apply to a Justice of the Supreme Court or any other court of competent jurisdiction of the State of New York, upon petition for an order directing that said enforcement officer have access to said dwelling or premises for the purpose of making his or her inspection. Upon granting of a court order, the enforcement officer shall thereupon proceed to make such inspection.
A.
No owner shall let to any occupant any vacant dwelling
unit or rooming unit unless it complies with the provisions of this
chapter, and provided that said owner of a non-owner-occupied dwelling
unit has registered at least every two years, or more frequently where
the code enforcement officer and conditions require it, his or her
rental units and received for those units a rental permit. Upon each
rental or rerental of a dwelling unit, the owner shall obtain from
the Code Enforcement Officer a certificate of compliance or similar
rental permit.
[Amended 9-7-1982 by L.L. No. 7-1982]
B.
Nonresidential owners of premises who are not employed
or engaged in businesses within the community and do not customarily
and regularly come into the community to attend a business office
shall designate a responsible agent who resides within the community
or customarily and regularly engages in and attends a business in
the community. The name, address and telephone number of the responsible
agent shall be recorded on the rental permit.
C.
Penalty. An owner who fails to register rental units as required in Subsection A for a continuous period of 30 days or more after notice of the violation is mailed by the enforcement officer shall be subject to a fine of $50 for a first violation and $100 for any subsequent violation.
[Added 5-7-2013 by L.L. No. 5-2013]
[Amended 8-21-1987 by L.L. No. 8-1987; 4-16-2002 by L.L. No.
1-2002]
A.
Whenever the Code Enforcement Officer or his or her
designee shall determine that there are reasonable grounds to believe
that there has been a violation of any provision of this chapter,
or any rule or regulation adopted pursuant hereto, he or she shall
give notice of the alleged violation to the person or persons responsible.
The notice shall:
(1)
Be in writing.
(2)
Include a specific statement of the reasons why it
is being issued and list the sections of this chapter deemed to be
violated.
(3)
Direct removal or correction of such violation within
the following time frames:
(a)
In cases of emergency, the responsible party
shall have 24 hours to commence work to correct, alleviate or eliminate
the emergency, and 72 hours to reasonably complete such work.
(c)
All other violations shall be corrected within
10 days after the service of such notice, except when, for good cause
shown, the Code Enforcement Officer grants an extension of time in
writing.
(4)
Be served upon, or sent by registered or certified
mail, to the owner or his agent, or the occupant, or both, as the
case may require. Where the notice is sent by registered or certified
mail, a copy of said notice shall also be posted on the property.
(5)
Maintain a copy on file in the Code Enforcement Office
for inspection by the owner or his or her agent, or the occupant or
the general public.
(6)
Notices may also contain an outline of remedial action
which if taken will effect compliance with the provisions of this
chapter.
B.
If the violation is not corrected within the appropriate
time frame, the owner, occupant or person having control of said premises
shall be deemed in violation of this chapter, and the Code Enforcement
Officer shall be authorized to issue an appearance ticket for such
violation returnable in Village Court.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall be
carried out by the enforcement officer in compliance with the following
requirements:
A.
Generally. Any dwelling or dwelling unit which shall
be found to have any of the following defects shall be condemned as
unfit for human habitation and shall be so designated and placarded
by the enforcement officer:
(1)
Which by reason of its failure to comply with the
requirements of this chapter is so damaged, decayed, dilapidated,
unsanitary, unsafe or vermin-infested that it creates a hazard to
the health or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation
required by this chapter so as to adequately protect the health or
safety of the occupants or of the public.
B.
Vacation of premises. Any dwelling or dwelling unit
condemned as unfit for human habitation and so designated and placarded
by the enforcement officer shall be vacated within such time as ordered
by the enforcement officer.
C.
Removal of defects required. No dwelling or dwelling
unit which has been condemned and placarded as unfit for human habitation
shall again be used for human habitation until written approval is
secured from and such placard is removed by the enforcement officer.
The enforcement officer shall remove such placard whenever the defect
or defects upon which the condemnation and placarding action are based
have been eliminated.
D.
Defacing or removing placard. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C.
E.
Notice of condemnation: hearing. No such dwelling
shall be placarded as unfit for human habitation until at least 10
days after written notice of its condemnation has been given by the
enforcement officer to the owner and occupants of such dwelling.
A.
Issuance. Upon request of the property owner or on
his or her own initiative, the enforcement officer shall issue a certificate
of compliance setting forth that on the date of said certificate,
the building in question complied with all the terms, conditions and
requirements of this chapter. In the event that the premises do not
comply with the terms and requirements of this chapter, the enforcement
officer shall issue a written statement setting forth in what manner
the terms and requirements of this chapter are violated.
B.
Effect of failure; refusal to issue. The failure or
refusal of the enforcement officer to issue a certificate of compliance
or a statement setting forth the manner in which said premises do
not comply with the terms and requirements of this chapter shall entitle
the owner to a hearing before the Zoning Board of Appeals.
[Amended 12-21-1993 by L.L. No. 1-1993]
C.
Fee. The fee for the issuance of a certificate of
compliance requested by the property owner shall be $25 for the first
two residential units and $10 for each residential unit thereafter,
and $50 for each industrial and/or commercial structure.
[Added 3-6-1990 by L.L. No. 3-1990]
