The Code Enforcement Officer of the Town of Union Vale shall have the authority to administer and enforce the provisions of this chapter and to inspect premises within the Town as necessary for said enforcement. When applicable, the Code Enforcement Officer is authorized to apply to the local Justice Court for a search warrant for inspection of premises upon reasonable information that a violation of this chapter exists. This chapter may also be enforced by the Town Constables, the Dutchess County Sheriff and the New York State Police to the extent of their jurisdiction.
Any person may file a complaint with the enforcement officer that a violation of this chapter may have taken place, with said complaint preferably in writing, signed and dated, and presenting a description of the alleged violation. The enforcement officer shall properly record and investigate any such complaint. The enforcement officer may also investigate on his or her own initiative any alleged violation that he or she has reason to believe has occurred or is occurring.
A. 
Following an investigation of the property the enforcement officer shall have the authority to prepare and serve a written notice to comply.
B. 
The written notice to comply shall contain the following information:
(1) 
The name of the owner or occupant to whom the notice is addressed.
(2) 
The location of the premises involved in the violation.
(3) 
A statement of the facts which it is alleged violates this chapter.
(4) 
A demand that the junk be removed or placed so as to be in compliance with this chapter within a specified number of days after the service or mailing of the notice.
(5) 
A copy of this chapter.
A. 
The enforcement officer is hereby authorized pursuant to Criminal Procedure Law § 150.20, Subdivision 3, to issue an appearance ticket to any person whom the enforcement officer has reason to believe has violated this chapter, and shall cause such person to appear before the Town Justice.
B. 
Upon the failure of an owner, tenant or occupant to correct a violation of this chapter, the Town Board may hold a public hearing to determine whether the violation constitutes a public nuisance requiring abatement by the Town. The public hearing shall be held upon notice posted conspicuously on the subject property. The notice shall also be sent to the last known address of the property owner, as it appears on the current assessment records of the Town, by certified mail, return receipt requested, or served on the owner by personal service. Posting and service of such notice shall not be less than 15 calendar days, exclusive of the date of service, prior to the date of the public hearing. The notice shall:
(1) 
Identify the premises as the same appears on the current assessment roll.
(2) 
Contain a statement of the conditions on the property deemed upon inspection to constitute a public nuisance.
(3) 
Contain a demand that the condition or conditions constituting the public nuisance be immediately abated or removed before the date of the hearing specified in the notice.
(4) 
Contain a statement that a failure or refusal to comply within the time period specified may result in a duly authorized officer, agent or employee of the Town entering upon the property and abating or removing the public nuisance.
(5) 
Contain a statement that the cost and expense of such abatement or removal shall be the responsibility of the owner, tenant or occupant, and, without limitation on the Town's potential remedies to recoup its expenses, such cost and expense shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
C. 
Where the Town Board finds, based on substantial evidence presented at the public hearing and contained in the record of said hearing, that the violation or violations amount to a public nuisance requiring abatement by the Town, the Town Board may cause the abatement or removal of the public nuisance. The abatement or removal may be performed by the Town or by its designee, or agent, including a private contractor lawfully engaged and authorized by the Town. The Town Board shall ascertain the cost of removal, and assess such expense against the record owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. The foregoing shall not be construed as a limitation on the Town's potential remedies to recover its costs.
D. 
The removal of any nuisance by the Town's agents shall not operate to excuse such owner, tenant or occupant from properly maintaining the premises as required by this chapter. Such owner, tenant or occupant shall, in addition to the remedies provided herein, be subject to any other penalties provided for by this chapter.