Village of Kensington, NY Chapter 120 Property Maintenance

[HISTORY: Adopted by the Board of Trustees of the Village of Kensington 11-20-1968 as Section 36.0161 of Ch. 6 of Part III of the Code of Ordinances (1968); amended in its entirety 12-12-1984 by L.L. No. 10-1984. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Storage of boats, trailers and vehicles — See Ch. 57.

Brush, grass and weeds — See Ch. 61.

Dumpsters and other rubbish containers — See Ch. 74.

Fences and walls — See Ch. 77.

Garbage, rubbish and refuse — See Ch. 85.

Peace and good order — See Ch. 108.

§ 120-1 Complaints of nuisances.

Any resident of the village and any other interested person may file a complaint in writing with the Village Clerk alleging that there exists on the property of another or through the act or neglect of another conditions which constitute a public nuisance or which endanger or tend to endanger the property, safety or health of any inhabitant of the village or the peace and good order of the village or the public health.

§ 120-2 Submissions of complaints to Trustees.

The Village Clerk shall cause such complaint to be investigated and shall submit the same, together with a written report of his findings, to the Board of Trustees at its next regular meeting.

§ 120-3 Scheduling of hearing.

The Board of Trustees may direct that the person or persons believed to be responsible for the alleged conditions appear before the Board of Trustees at a time and place designated and show cause why such conditions should not be abated or corrected. Such notice may be served either personally or by certified mail addressed to the person at his or her last known residence address or may be served in any other manner permitted for service of a summons in a civil action.

§ 120-4 Hearing before Trustees.

At the time and place designated, the Board of Trustees shall meet and hear the persons interested and may make such investigations and inquiries as the Board may determine. Thereupon the Board of Trustees may, by resolution, make such orders and directions as may seem necessary or proper under the circumstances.

§ 120-5 Failure to appear.

The failure of the person or persons to whom such notice has been sent to appear shall be deemed an admission of the truth of the allegations and a consent to such action by the Board of Trustees, provided that the notice given to such person so states.

§ 120-6 Penalties for offenses.

[Amended 5-17-1989 by L.L. No. 1-1989]

Each person who violates any provision of this chapter shall, for each and every day that said violation continues, be subject to a fine of not more than $1,000 or imprisonment for a period not to exceed six months, or both such fine and imprisonment.

§ 120-7 Performance of work by village; costs.

In addition to any penalty provided herein, in the event any person fails to comply with the provisions of said orders and directions or any part thereof within a period of time specified therein by the Board of Trustees, the Village of Kensington is authorized to perform such acts as may cause compliance with the said orders or directions, and the expenses of the said performance by the village shall be charged to the property affected in the same manner as a special assessment and shall be the personal liability of any person who failed to so comply.