[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack 9-9-1999 by L.L. No. 9-1999 (Ch. 30 of the 1972 Code). Amendments
noted where applicable.]
It is the purpose of this chapter to assist in the continued
revitalization of areas throughout the Village to attract new businesses,
promote the public interest in continued development, ensure regular
maintenance and improvements to present structures, safeguard against
blight and preserve property values and community standards and to
establish minimum maintenance standards to safeguard life, limb, health,
safety, property and the public welfare in the best interest of the
residents of the Village of Nyack.
It is found and declared that, by reason of lack of maintenance
and progressive deterioration, structures and properties have the
further effect of creating blighting conditions and initiating slums
and that, if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same.
By reason of timely regulations and restrictions, as herein contained,
the growth of slums and blight may be prevented and the neighborhood
and property values thereby maintained, the desirability and amenities
of residential and nonresidential uses and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate building located on the same lot with the main
building, occupied by or devoted to an accessory use. Where an accessory
building is attached to the main building in a substantial manner,
as by a wall or roof, such accessory building shall be considered
part of the main building.
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property. Depending upon its applicability, the use herein
of building shall include the term "structure."
The officer employed by the Village of Nyack to enforce the
State Uniform Fire Prevention and Building Code previously adopted
by said Village.[1]
The condition or appearance of a building or structure characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, excessive use or lack of maintenance.
A building or portion thereof containing three or more dwelling
units and designed or used for occupancy by three or more families
living independently of each other.
Any premises or open space or any part thereof or any building
or structure that may be lawfully viewed by any member of the public
from a sidewalk, street, alleyway or from any adjoining or neighboring
premises.
Those portions of a building that are exposed to public view
and the open space of any premises outside of any building erected
thereon.
Fully operable for the use intended.
A standard of maintenance that renders a building safe, habitable
and possessed of a neat and orderly appearance.
Any inscription, word, figure or design that is marked, etched,
scratched, scribed, drawn, painted, pasted or otherwise affixed to
or on any surface to the extent that same was not authorized in advance
by the owner thereof or, despite advance authorization, is otherwise
deemed by the Village Board to be a public nuisance.
Any person who has occupancy, charge, care or control of
a building or part thereof.
Includes any person having individual or joint title to real
property in any form defined by the laws as an estate or interest
therein, whether legal or equitable and however acquired.
Includes an individual, a partnership, a joint venture, a
corporation, an association and any other organizations recognized
as an entity by the laws of the State of New York.
A building, dwelling and/or grounds.
Land and whatever is erected on, growing on, placed on or
affixed thereto.
All cardboard, plastic material or glass containers, wastepaper,
rags, sweeping, pieces of wood, excelsior, rubber and like waste material.
A combination of materials assembled, constructed or erected
at a fixed location, including, for example, a building, stationary
and portable carports and swimming pools, the use of which requires
location on the ground or attachment to something having location
on the ground.
The Village of Nyack.
The officer employed by the Village of Nyack to enforce the
zoning laws of the Village of Nyack and this chapter.
A.
This chapter establishes certain minimum standards for the initial
and continued occupancy and use of all structures and does not replace
or modify standards otherwise established for the construction, repair,
alteration or use of the structure, the premises or the equipment
or facilities contained therein, as are required by the New York State
Uniform Fire Prevention and Building Code.[1]
B.
In any case where a provision is found to be in conflict with any
applicable zoning, building, plumbing, electrical, heating, ventilation,
fire or safety code of the Village of Nyack, County of Rockland, State
of New York or United States of America, the provision that establishes
the higher standard, as determined by the Zoning Enforcement Officer,
shall prevail.
The exterior of the premises and the condition of the structures
shall be maintained so that the premises and all buildings shall reflect
a level of maintenance in keeping with the standards of the community
and shall not constitute blight from the point of view of adjoining
property owners or lead to the progressive deterioration of the neighborhood.
Such maintenance shall include, without limitation, the following:
A.
Foundations, porches, decks, steps and walls and siding shall be
in good condition.
B.
Vent attachments shall be safe, durable, smoketight and capable of
withstanding the action of flue gases.
C.
Exterior balconies, porches, landings, stairs and fire escapes shall
be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
D.
All permanent signs and billboards exposed to public view permitted
by reason of other regulations or as a lawful nonconforming use shall
be maintained in good repair. Any signs that have become excessively
weathered, those upon which the paint has excessively peeled or those
whose supports have deteriorated so that they no longer meet the structural
requirements of the New York State Uniform Fire Prevention and Building
Code shall, with their supports, be removed or put into a good state
of repair. All nonoperative or broken electrical signs shall be repaired
or shall, with their supports, be removed. Signs denoting a business
which is no longer on the premises shall be removed within 30 days
of the date on which the business ceases to occupy the premises unless
the building owner obtains permission from the Building Inspector
to allow maintenance of any such sign.
E.
All storefronts and walls exposed to public view shall be kept in
a good state of repair. Storefronts or any portion of the structure
shall not show evidence of excessive weathering or deterioration of
any nature. Unoccupied storefronts shall be maintained in a clean
and neat appearance, with all windows covered.
F.
Any awnings or marquees and accompanying structural members shall
be maintained in a good state of repair. In the event that said awnings
or marquees are made of cloth, plastic or of a similar material and
are exposed to public view, such material shall not show evidence
of excessive weathering, discoloration, ripping, tearing, holes or
other deterioration. Nothing herein shall be construed to authorize
any encroachment on streets, sidewalks or other parts of the public
domain.
G.
All vacant buildings shall be continuously guarded or sealed and
kept secure against unauthorized entry. Materials and methods with
which such buildings are sealed must meet the approval of the Zoning
Enforcement Officer as to color, design and building material. Owners
of such buildings shall take such steps and perform such acts as may
be required to ensure that the building and its adjoining yards remain
safe and secure and do not present a hazard to adjoining property
or to the public and that such property does not become infested with
vermin or rodents.
H.
Exterior walls, including doors and windows and the areas around
doors, windows, chimneys and other parts of the building, shall be
so maintained as to keep water from entering the building. Materials
which have been damaged or show evidence of dry rot or other deterioration
shall be repaired or replaced and refinished in a workmanlike manner.
I.
All exposed exterior surfaces shall be maintained free of broken
or cracked glass, loose shingles or loose or crumbling stones or bricks,
loose shutters, railings, aerials, excessive peeling paint or other
conditions reflective of deterioration or inadequate maintenance.
Said conditions shall be corrected by repair or removal. All exposed
exterior surfaces of structures not inherently resistant to deterioration
shall be coated, treated or sealed to protect them from deterioration
or weathering. Wood, masonry or other exterior materials that will
naturally resist deterioration do not have to be treated but must
be otherwise maintained in a sound, secure workmanlike manner. Exterior
surfaces that have been painted or otherwise coated must be maintained
in a neat, orderly, serviceable manner. Floors, walls, ceilings, stairs
and fixtures of buildings shall be maintained in a clean, safe, sanitary
condition. Every floor, exterior wall, roof, porch or appurtenance
thereto shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the building or to the public.
J.
Roof drains, overflow pipes, air-conditioning drains and any other
device used to channel water off or out of a building shall be maintained
in a safe and operable condition and shall not drain onto a public
sidewalk, walkway, street, alleyway or adjoining property.
K.
Lawns shall be cut, and bushes, shrubs and hedges shall be trimmed
regularly during the growing season so as to avoid an unsightly appearance.
L.
It shall be unlawful for any person, owner, operator or manager of
private property, including any improvements or accessory structures
thereon, to permit said property to be defaced with graffiti for a
period in excess of seven days after service by the Village Building
Department by first class mail of the requirement to remove said graffiti.
M.
Exterior walls, roofs and all other parts of the structure shall
be free from loose and unsecured objects and materials. Such objects
or materials shall be removed or repaired. Dangerous accumulations
of ice and snow shall be removed.
A.
Surface or subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers
or other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural, safety
or health hazard by reason of construction, maintenance or manner
of discharge.
B.
Fences and other minor construction shall be maintained in a safe
and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar paved areas shall
be maintained so as to afford safe passage under normal use and weather
conditions. Any holes or other hazards that may exist shall be filled
and necessary repairs or replacement carried out in compliance with
applicable code requirements.
D.
Yards and vacant lots shall be kept clean and free of physical hazards
and rodent harborage and infestation. They shall be maintained in
a manner that will prevent dust or other particles from being blown
about the neighborhood. Open wells, cesspools or cisterns shall be
securely closed or barricaded from access by the public. All temporary
excavations shall be kept covered or barricaded so as to protect the
general public from injury.
E.
All land must be kept free of dead or dying trees and accumulations
of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious
growths, garbage, refuse or debris which would either tend to start
a fire or increase the intensity of a fire already started or cause
poisoning or irritation to people or animals or cause or tend to cause
or enhance an unhealthy or dangerous or obnoxious condition on said
property or on any adjacent or neighboring property.
F.
No unregistered vehicle may be stored on the premises. This subsection
shall be enforced by the Town of Orangetown Police Department or the
Zoning Enforcement Officer.
G.
Subject to the limits set forth in Zoning Code § 59-30[1], the owner, tenant or occupant of any property located
within the Village of Nyack shall not park, permit or allow the exterior
parking or storage of any vehicle within the front, side or rear yard
of such property, unless such vehicle is parked upon a driveway or
other paved or dust-free surface provided for such purposes. The failure
of any owner, occupant or tenant to comply with the provision of this
section shall be deemed an offense.
A.
Business units shall at all times be maintained in compliance with
the provisions of this chapter regulating open spaces, buildings or
structures and littering.
B.
No materials or stock-in-trade, garments, shoes or other wares may
be stored or displayed in a front or exterior or interior side yard
except for motor vehicles for sale at a permitted motor vehicle sales
establishment, and other areas where permitted by the Building Department.
No soft drink or other vending machines, ice machines or the like
may be placed in front of a building on a public sidewalk. Specifically
excluded herefrom are chairs and tables used in connection with a
sidewalk cafe or restaurant, provided that a site-specific permit
for same is issued by the Building Department pursuant to applicable
standards. Materials may be stored in a rear yard, provided that a
storage area therein is completely enclosed within a six-foot-high
solid fence or evergreen hedge of equivalent height and that the storage
area does not infringe on or obstruct vehicle parking or maneuvering
areas.
C.
No outside storage or accumulation of garbage, crates, rubbish, refuse
or debris shall be permitted at any time, and all such garbage, crates,
rubbish, refuse or debris shall be kept inside the building or buildings
on the premises or in an acceptable enclosure and shall be regularly
collected and removed from the premises, except when placed out for
collection.
D.
No shopping baskets, carts or wagons shall be left unattended or
standing in open areas, and the same shall be collected at the close
of business each day by the occupant of such unit and moved to the
interior of the building or buildings.
E.
No mobile refrigeration unit shall be operated on the premises after
the closing of the business conducted thereon unless such mobile refrigeration
unit is electrically operated, except in an industrial or manufacturing
zone.
F.
All fences and planting areas installed on the premises shall be
maintained by the owner of the property. Such maintenance shall include
but not be limited to the replacement of trees and shrubs which may
die and/or otherwise be destroyed, the maintenance and cutting of
lawns and the replacement and/or repair of fences which may become
in disrepair.
G.
Persons owning or occupying property shall keep all walkways, public
or private, abutting said premises free from litter and trash of whatever
nature.
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform to generally accepted practice.
B.
Where the potential for rodent or vermin infestation exists, windows
and other openings in basements and cellars shall be closed or appropriately
screened with wire mesh or other suitable materials.
C.
No materials, goods or supplies may be stored in any front yard or
in an exterior or interior side yard. Materials may be stored in a
rear yard, provided that the area used for storage is screened from
neighboring properties by a fence or hedge and that the method and
manner of storage complies with the other provisions hereof.
A.
Residential, commercial and industrial premises, whether improved
or vacant, shall be maintained free of litter at all times; provided,
however, that this section shall not prohibit the storage of litter
in appropriate private receptacles for collection.
[Amended 4-19-2012 by L.L. No. 6-2012]
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse in accordance
with the provisions of applicable codes. Each owner of any building
from which garbage, rubbish, mixed refuse, ashes or other wastes are
collected shall provide refuse containers sufficient in number to
hold all collectible wastes which may accumulate. Containers must
be rodent- and insect-proof and watertight and must be kept covered
at all times. Such containers must not be kept in a front yard or
exterior side yard and may not be placed on the sidewalk or street
for collection more than 12 hours before the next scheduled trash
collection date.
C.
No refrigerator may be discarded, abandoned or stored in a place
accessible to children without first completely removing any locking
or latching device and all doors.
D.
It shall be an offense for any person to abandon, leave, dump, store
or keep any nuisance, hazard, litter, debris or matter attractive
to vermin upon any public street or public place.
E.
Every owner, tenant or occupant of any house or other building and
every owner or person entitled to possession of any vacant lot and
every person having charge of any public building in the Village shall
be responsible to immediately remove any nuisance, hazard, debris
or litter from the sidewalk adjoining the property and for a distance
of two feet into the street. If there is no sidewalk, the distance
they are responsible to care for shall be measured from the end of
the property to two feet into the street. It shall be an offense if
they fail to do so.
F.
Every owner, tenant, operator or manager of any building or vacant lot located in the CC and DMU Zoning Districts shall be responsible to immediately pick up and remove any and all nuisance, hazard, debris or litter of any kind, including but not limited to cigarette butts and chewing gum, from the sidewalk adjoining the property and for a distance of two feet into the street. If there is no sidewalk, the distance they are responsible to care for shall be measured from the end of the property to two feet into the street. Failure to comply with this subsection shall be an offense punishable under the provisions of § 263-18 herein.
[Added 4-19-2012 by L.L. No. 6-2012]
An occupant of premises shall be responsible for compliance
with this chapter in regard to the following:
A.
Maintenance of that part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
B.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities,
in that part of the premises which he occupies or controls in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
C.
Keeping exits from the building or occupants portion thereof clear
and unobstructed.
D.
Disposal of garbage and refuse into appropriate facilities in a clean
and sanitary manner, in accordance with any applicable provisions
of the Village Code.
E.
Extermination of insects, rodents or other pests within the premises.
F.
Maintenance of yards, lawns and courts in a clean, sanitary and safe
condition and free from infestation by rodents or vermin, insofar
as said occupant occupies or controls said yards, lawns or any parts
thereof.
G.
The installation and removal of required screens.
H.
Keeping domestic animals and pets in an appropriate manner and under
control, in accordance with any other regulations of the Village.
I.
Elimination of all prohibited uses for that part of the premises
which he occupies, controls or has accessibility thereto.
A.
Responsibilities.
(1)
Owners of premises shall be responsible for compliance with the provisions
of this chapter and shall remain responsible thereof regardless of
the fact that this chapter may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
(2)
Heat and hot water; potable water; removal or shutoff prohibited.
(a)
Owners, occupants and operators of buildings shall be responsible
for the proper installation, maintenance, condition and operation
of service facilities and for furnishing adequate heat and an adequate
hot-water supply system, capable of delivering heat and hot water
to each dwelling, dwelling unit and rooming house. Heat shall be supplied
from September 15 to May 15 of the following year, adequate to maintain
a minimum inside temperature of 70° F.
(b)
Owners, occupants and operators of buildings shall be responsible
to ensure that every dwelling, dwelling unit and rooming house shall
be supplied with a potable water supply, including adequate water
supply and pressure at all installed hot and cold water outlets. Where
water is not supplied from a public source, the source and the system
utilized shall be approved by the Rockland County Health Department.
(c)
No owner, occupant or operator shall cause any service, facility,
equipment or utility which is required to be supplied by the provisions
of this Code to be removed from or shut off from or discontinued for
any occupied dwelling unit, except for necessary repairs, alterations
or emergencies.
B.
Whenever any person or persons shall be in actual possession of or
have charge, care or control of any property within the Village as
executor, administrator, trustee, guardian, operator or agent, such
persons shall be deemed and taken to be the owner or owners of said
property within the intent and meaning of this chapter and shall comply
with the provisions of this chapter to the same extent as the record
owner; and notice to any such person of any order or decision of the
Zoning Enforcement officer shall be deemed and taken to be good and
sufficient notice, as if such person or persons were actually the
record owner or owners of such property. In instances where an occupant
is responsible or shares responsibility with the owner for the existence
of one or more violations of this chapter, said occupant shall be
deemed and taken to be an owner within the intent and meaning of this
chapter.
A.
For purposes of enforcement of this chapter, if work is being done
on the property, either the prime or general contractor or the owner
shall be held responsible.
B.
Materials may be stored in any area of the property upon which construction
is being carried on, provided that the method of storage and the materials
stored are in compliance with the requirements of this chapter. In
no event shall such storage be permitted for a period exceeding one
year.
C.
Drainage crossing the property being developed must be maintained
during the period of development, and no materials may be stored,
land disturbed or other work done to interfere with existing drainage.
D.
The person responsible as herein shall take all necessary and reasonable
steps to ensure that there will not be an unusual or unwarranted amount
of dust and debris blown onto or across neighboring or nearby properties.
E.
Construction roads must be oiled or kept wet or properly treated
to decrease the spread of dust and mud.
F.
A temporary cover such as rye grass or a mulch must be applied on
land that has been stripped of its protective vegetation during the
course of its construction to prevent the spread of dust and mud.
G.
All excavations in or near a public or private walkway or street
must be properly guarded and protected at all times by lights, flags,
barricades or other warnings sufficient in kind and amount to warn
the public of the danger of falling into the excavation.
H.
Temporary electrical service must be through electric lines that
are weather- and waterproof; such lines must not cross public walkways
or highways on the ground, nor shall they be placed on the ground
in areas subject to construction equipment traffic.
I.
Grounds and buildings must be kept free of debris, such as broken
glass, boards with fastenings protruding and other articles making
travel around the job site dangerous and unsafe.
The designation of buildings as unfit for human use and the
procedure for the condemnation and placarding of such buildings shall
be carried out in compliance with the following requirements:
A.
Any building which shall be found to have any of the following defects
shall be condemned as unfit for human use and shall be so designated
and placarded by the Zoning Enforcement Officer.
(1)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitary facilities
adequate to protect the health or safety of the occupants or of the
public.
(3)
One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health or safety of the occupants or
the public.
B.
Action upon condemnation.
(1)
Any building condemned as unfit for human use and so designated and
placarded by the Enforcement Officer shall be vacated within 10 days,
as ordered by the Enforcement Officer. The Enforcement Officer shall
remove such placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated.
(2)
In the event that the Enforcement Officer shall find that the property owner has failed to correct the defects noted in the placarding of the building within 60 days, the Enforcement Officer shall order the demolition of the building or abatement of the nuisance, and the cost of said demolition or abatement shall be a lien on the property and collectible in the same manner as delinquent taxes. Unoccupied structures which shall be found to be a serious hazard to the public in the same manner as provided in Subsections A, B and C of this section shall be ordered demolished or abated by the Enforcement Officer, and appeals shall be heard as provided in § 263-13D. The cost of demolition or abatement shall be a lien on the property and collectible in the same manner as delinquent taxes.
C.
No person shall deface or remove the placard from any building which has been condemned as unfit for human use and placarded as such, except as provided in Subsection B.
D.
Any person affected by any notice or order relating to the condemning
and placarding of a building as unfit for human use may request and
shall be granted a hearing on the matter before the Zoning Board of
Appeals. Upon filing a written notice of appeal with the Clerk to
the Board of Appeals, said filing shall stay all action by the Enforcement
Officer pending the decision of the Zoning Board of Appeals unless
the Enforcement Officer determines that the public safety requires
that the demolition or other remedial action must proceed.
The Mayor and the Board of Trustees are hereby authorized to
make and adopt such written rules and regulations as may be necessary
for the proper enforcement of the provisions of this chapter, provided
that such rules and regulations shall not be in conflict with the
provisions of this chapter. Such rules and regulations shall have
the same force and effect as the provisions of this chapter, and the
penalties for violations of the provisions of this chapter, as hereinafter
provided, shall apply to such rules and regulations.
[Amended 5-26-2011 by L.L. No. 8-2011; 4-19-2012 by L.L. No. 6-2012]
A.
The Village
Building Inspector, Village Fire Inspector, or any code enforcement
official employed by the Village of Nyack (hereafter "Village official"),
is hereby authorized and directed to make inspections to determine
compliance with this chapter. Inspections shall be made within a reasonable
time from the receipt of a complaint of a violation of the Village
Code or the New York State Uniform Fire Prevention and Building Code,
and every operator or owner shall cooperate with the Village official
in providing access to the premises.
B.
Whenever
the Village official determines that there is a violation of the provisions
of the New York State Uniform Fire Prevention and Building Code, he
shall cause a written notice to be served upon the owner or operator,
which shall include:
(1)
An
enumeration of conditions which violate the provisions of this chapter.
(2)
An
enumeration of the remedial action required to meet the standards
of this chapter.
(3)
A
statement of a definite number of days from the date of the notice
in which the owner or operator must commence and complete such remedial
action.
(4)
A
statement of the penalties for noncompliance, as set forth herein.
(5)
A
copy of such notice shall be filed in the Village Clerk's office,
and such notice shall be deemed sufficient if served upon the owner,
operator, manager or person having an interest in the property, as
those terms are defined herein, as follows:
A.
Action upon noncompliance. Upon the failure, neglect or refusal of
any owner or agent so notified to properly comply with this chapter
within 48 hours after receipt of the written notice, or within 48
hours after the date of such notice in the event that the same is
returned to the Enforcement Officer because of his inability to make
delivery thereof, and provided that same was properly addressed to
the last known address of the last owner or agent, the Enforcement
Officer is hereby authorized and empowered to pay for the correction
of such violation after giving the owner an additional 10 days'
written notification within which to appeal his decision to the Zoning
Board of Appeals which shall stay any action by the Building Inspector
until the Board renders a decision on the appeal.
B.
Change included in tax bill. When the Village has effected the correction
of the violation or has paid for its removal, the actual cost thereof,
plus the accrued legal rate of interest per annum from the date of
completion of the work, if not paid by such owner prior thereto, shall
be charged to the owner of such property on the next regular tax bill
forwarded to such owner by the Village, and such charge shall be due
and payable by said owner at the time of payment of such bill.
C.
Filed statement constitutes liens. Where the full amount due the Village is not paid by such owner within 20 days after the correction of such violation, as provided in Subsections A and B above, then and in that case the Enforcement Officer shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property by school district, section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that same is not paid in full on or before the date the tax bill upon which such charge appeals from becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest at the legal judgment rate, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.
Whenever the Enforcement Officer finds that an emergency exists
which requires immediate attention to protect the public health or
safety, he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Enforcement Officer,
he shall be afforded a hearing as soon as possible. After such hearing,
the Enforcement Officer shall continue such order in effect or modify
or withdraw it.
[Amended 4-19-2012 by L.L. No. 6-2012]
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine of not
more than $500 for a first offense, $1,000 for a second offense, and
$1,500 for a third offense. In the case of a violation of the New
York State Uniform Fire Prevention and Building Code, each day a violation
continues unabated, after notice to comply is served, shall constitute
a separate finable offense.