A.
The Code Enforcement Officer of the Village, the Police Chief and
Public Works Superintendent are hereby designated the officers charged
with enforcement of this chapter and are hereby authorized to issue
appearance tickets to secure enforcement. Such appearance tickets
shall be in the form prescribed by the Village Board.
B.
Any notice hereunder shall be served by delivery of a copy to any
person occupying the premises or, in the event that the premises are
unoccupied, by affixing a copy to the front door of the premises.
In the event that the premises are vacant or that the owner shall
not occupy the premises, notice shall also be served by certified
mail, return receipt requested, addressed to the owner at the address
shown on the current assessment roll of the Village of Buchanan.
Whenever an enforcement officer determines that there is or
has been a violation of any provision of this chapter, he shall, upon
approval of the Mayor or a member of the Board of Trustees, give notice
of such violation to the person, persons or entities responsible therefor.
Such notice shall be in writing and shall include a concise statement
of the reasons for its issuance. Such notice shall be deemed to be
properly and sufficiently served if a copy thereof is sent by registered
or certified mail to the last known address of the person or entity
upon which the same is served, as shown by the most recent assessment
roll of the Village, or a copy thereof is personally delivered (as
if a summons) to said person or persons or a copy thereof is left
at the usual place of abode or office of said person or entity. Notice
shall be given as aforesaid within or without the Village. The notice
shall also state that unless the violation is abated, removed, cured,
prevented or desisted from within five days of the date of service
of such notice, exclusive of the date of service, an appearance ticket
shall be issued for such violation. The enforcement officer may extend
the period for compliance stated in the notice of violation for a
period in excess of the aforesaid five days if, in his judgment, the
abatement, removal, prevention, cessation or cure of the condition
violated cannot reasonably be effected within the five-day period,
and in such cases, the enforcement officer shall state such reasonably
required extended period in the notice, which shall then be applicable
instead of the aforesaid five days.
[Amended 1-3-2012 by L.L. No. 1-2012]
Whenever the Building Inspector or enforcement official finds
that an emergency exists which requires immediate attention to protect
the public health or safety, he or she may, without notice or hearing,
and with the consent of the Mayor or a member of the Board of Trustees,
issue an order reciting the existence of such emergency and requiring
that such action be taken as he or she deems necessary to meet the
emergency. Notwithstanding any other provisions of this chapter, such
order shall take effect immediately. Any person to whom such order
is directed shall comply therewith immediately. Upon petition to the
Building Inspector, any such person shall be afforded a hearing before
the Board of Trustees as soon as is reasonably possible. After such
hearing and decision by the Board of Trustees as to the existence
or nonexistence of the emergency condition, the Board of Trustees
may continue such order in effect or modify or withdraw it.
The Building Inspector and the Highway Foreman shall be responsible for directing the proper securing of waste (trash dumpsters, containers or enclosures) upon all properties other than public property and shall provide written notice of noncompliance to the owner, tenant or occupant as provided in § 137-8, which shall require the correction, removal or replacement within five days of any nuisance, hazard, debris or litter not properly secured within a dumpster, container or enclosure.
Failure to comply with the direction of any official of the
Village of Buchanan when notice has been provided in accordance with
this chapter shall constitute a separate and distinct offense hereunder.
A.
Nothing contained in this chapter shall be construed or interpreted
as limiting the authority of the Village to take all steps reasonable
or necessary to promote and protect the public health, safety and
welfare by providing for safe passage of pedestrians and vehicles
on streets, sidewalks and public ways. The Board of Trustees, in its
discretion, may authorize any applicable department of the Village
to remove obstructions or nuisances, including snow, ice and vegetative
growth, which impair the customary use of streets, sidewalks and public
ways. The Board of Trustees may determine to undertake or authorize
action, in whole or in part, by reasonable classification based upon
location, amount of public use and degree of danger or impairment
presented. The undertaking of the Village to take these actions upon
default of the property owner shall not relieve the owner of any responsibilities
imposed by this chapter.
B.
The failure or omission by the Village to undertake to provide services
shall not create any liability attributable to the Village. With respect
to any dangerous conditions for which the Village may be liable, it
shall be entitled to receive notice of defects in accordance with
the provisions of state law. Any duty on the part of the Village pursuant
to this chapter is a general duty of the Village. No person is authorized
to create or imply or to assume or infer a special duty by the Village.
[Amended 1-3-2012 by L.L. No. 1-2012]
Upon the failure of a person to comply with a notice or order
to correct a condition complained of, the Village Board may, after
a public hearing, abate the condition, including but not limited to
authorizing the Highway Department or such other person, department,
or independent contractor as it shall deem appropriate to remove,
correct, replace and make safe any and all unsafe or hazardous conditions,
or any other violation of this chapter, charging the total cost thereof
to the owner of such real property, which cost shall be assessed and
constitute a lien and charge on the real property on which it is levied
until paid or otherwise satisfied or discharged, and the same shall
be collected in the manner fixed by law for the collection of taxes.
In emergency circumstances, the public hearing may take place after
removal, correction or abatement action by the Village.
The removal of any nuisance, hazard or litter by the Village
of Buchanan or its agents shall not operate to excuse the owner, tenant
or occupant from properly maintaining any premises as required by
this chapter, and such owner, tenant or occupant shall, notwithstanding
such action, be subject to any penalties provided for herein.
All direct and indirect costs of labor and equipment, supplies,
disbursements and payments made or incurred by the Village in enforcement
of this chapter, performing the work to abate the conditions which
violate this chapter and in otherwise securing compliance, shall be
payable to the Village by the owner of the property. Any sums unpaid
shall be a lien on the real property and shall be assessed against
such property, with 9% interest per annum, and shall be relevied and
collected in the same manner as real property taxes.
A.
Criminal penalty. Any person or entity which shall violate any of
the provisions of this chapter or any order promulgated hereunder
shall, upon conviction, be punishable as provided for violations of
the Penal Law. Nothing herein shall prevent the criminal prosecution
of a violation of any of the provisions of this chapter. Upon conviction
thereof, the person or entity violating the provisions of this chapter
shall be subject to a fine of not more than $250, a term of imprisonment
not to exceed 15 days, or both such fine and imprisonment, for each
offense.
B.
Civil penalties; remedies. Alternatively or in addition to those
penalties prescribed for violations under state law, any person, firm
or corporation which violates this chapter shall be liable to the
Village for a civil penalty of not more than $200 for each day or
part thereof during which such violation continues. Said civil penalties
shall be recoverable in an administrative proceeding held by and before
the Board of Trustees pursuant to the following procedure:
(1)
Whenever a violation has not been remedied within the time specified
in the notice of violation, an enforcement officer may issue an order
to show cause before the Board of Trustees why such penalties should
not be imposed.
(2)
Service of order to show cause.
(a)
Such order to show cause shall be served personally or by mailing
a copy of such order by certified mail to the property owner and occupant,
to their last known addresses as shown by the records of the Village,
and by posting a copy of such order on said premises.
(b)
A copy of said order may be filed in the County Clerk's office,
which order shall be filed in the same manner as a notice of pendency
as therein provided. An order so filed shall be effective for one
year from the date of filing. It may be canceled upon an order of
a judge or justice of a court of record or upon the written consent
of the Attorney for the Village. The County Clerk shall mark the order
to show cause and any record or docket thereof as canceled of record
upon the presentation and filing of a certified copy of such judicial
order of such consent.
(3)
Content of order. Said order to show cause shall state the nature
of the violation; the provision or term violated; and the date, time
and place for a hearing before the Board of Trustees. The hearing
shall be set for a date not less than seven days after the date of
the order to show cause is mailed.
(4)
Conduct of hearing.
(a)
The Board of Trustees shall conduct a hearing at the date and
place specified in the order to show cause. The hearing may be adjourned
from time to time and shall continue until interested persons subject
to the order to show cause are heard. No formal rules of evidence
shall apply nor shall a stenographic transcript be required.
(b)
The property owner, occupant and any others subject to the order
to show cause may be represented by an attorney and shall have the
right to present evidence and examine witnesses to show why penalties
should not be assessed and/or why an order to remove an emergency
condition should be modified or withdrawn.
(c)
After the hearing is closed, the Board of Trustees shall make
findings and make a determination. Such determination shall indicate
the basis and reason for the decision, shall state the dollar amount
of any fine(s) imposed and shall be supported by substantial evidence.
(d)
Any fines imposed, plus, if any fine is imposed, the costs to
the Village of the proceeding, including but not limited to attorneys'
fees and administrative costs, shall be immediately due and payable.
Administrative costs shall be determined from time to time by resolution
of the Board of Trustees.
(e)
The determination of the Board of Trustees may be reviewed in
a proceeding pursuant to Article 78 of the Civil Practice Law and
Rules, provided that such proceeding is commenced within 30 days of
such determination. Judicial review shall not stay any stop-work order
or stay payment of any fine and costs imposed.
(5)
Assessment of fine and costs. All fines and all costs incurred by
the Village in connection with this administrative proceeding, if
unpaid, shall be a lien on the real property and shall be assessed
against such property, with 9% interest per annum, and shall be levied
and collected in the same manner as real property taxes.
In addition to the above-provided penalties and punishment,
the Board of Trustees of the Village may also maintain an action or
proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or to restrain, by injunction, the violation
of this chapter or any order promulgated hereunder.
