A.
Enforcement officer. This chapter shall be enforced by the Town of
Webb Code Enforcement Officer.
B.
Notification and correction. Any noncompliance with this chapter
shall be so recorded by the enforcement officer, and official notice
to this effect shall be given to the owner of record thereof. The
owner shall initiate measures to correct such noncompliance within
30 days from the date of notification. If, within this thirty-day
period, application is not made to initiate a process for correction,
or, if once initiated, the process for correction is not pursued to
the satisfaction of the Town, the Town may institute proceedings to
compel compliance.
C.
Stop-work order. Whenever the enforcement officer has reasonable
grounds to believe that work on any building or structure, or use
of any land or structure, is occurring in violation of the provisions
of this chapter, or that such work or use is not in compliance with
the provisions of the application, plans or specifications or permit
for such construction or use, he shall notify the owner of the property,
or the owner's agent, to suspend all work or use on the property.
Such persons shall immediately stop work and suspend activities until
the stop-work order has been rescinded. A stop-work order shall be
in writing and shall state the conditions under which activities may
be resumed. A stop-work order shall be served upon a person to whom
it is directed either by delivering it personally or by posting the
same upon a conspicuous portion of the property where the work or
activity is being performed and sending a copy of the stop-work order
to the owner or owner's agent by certified mail.
A.
Any violation of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $350 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine of not less than $350
nor more than $700 or imprisonment for a period not to exceed six
months, or both; and, upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period of not to exceed six months, or both. However, for the
purpose of conferring jurisdiction upon the courts and judicial officers,
generally, violations of this chapter shall be deemed misdemeanors,
and for such purpose only, all provisions of this chapter relating
to misdemeanors shall apply to such violations. Each period of one
week (seven consecutive calendar days) of continued violation shall
constitute a separate additional violation.
B.
The Town Board, in addition to other remedies, may institute any
appropriate action or proceedings to prevent violation of this chapter
or to restrain, correct or abate such violation. Upon failure or refusal
of the Town Board to institute any such appropriate action or proceeding
for a period of 10 days after written request by a resident taxpayer
of the Town so to proceed, any three taxpayers of the Town, who are
jointly or severally aggrieved by such violation, may institute such
appropriate action or proceeding in like manner as the Town Board
is authorized to do.
C.
The Town Board is hereby authorized to remove any junk from its location
and dispose of same, and the expense thereof shall be charged to the
property so affected by including such expense in the next annual
tax levy against the property. Such removal may be done only following
public notice and a public hearing, at which time all parties may
be heard. Public notice of the hearing shall be made in a newspaper
in general circulation in the Town at least five days prior to the
hearing.
This chapter shall take effect immediately upon compliance with
§ 133 of the Town Law.
