Except as otherwise authorized, the Code Enforcement Officer
of the Village of Brockport and his authorized inspector(s) is/are
the official(s) charged with enforcing the provisions of this chapter
by notice, ticketing, etc., or by such other enforcement procedures,
means and methods as set forth in the chapter or otherwise permitted
by law.
A.
Notice of violation. When the Village of Brockport determines that any activity has not been carried out in accordance with the requirements of the Uniform Code, Energy Code or this chapter, the Code Enforcement Officer (or his authorized inspector) shall be authorized to issue a written notice of violation(s) to the owner, as defined in § 36-9 of this chapter, and/or the owner's agent and/or any occupant(s) of the subject property or to any combination of property managers or agents, builder, architect, tenant(s), contractor, subcontractor, construction superintendent, or their agents, or any other person taking part in work being conducted on or about a building structure, premises or property.
B.
Informal compliance orders. The Code Enforcement Officer (or authorized
inspector) is authorized to order, either in writing or by any other
means, the remediation of any condition or activity found to exist
in, on or about any building, structure or premises in violation(s)
of the Uniform Code, the Energy Code or this chapter.
C.
Compliance order/order to remedy. The Code Enforcement Officer (or
his authorized inspector) is further authorized to order, in writing,
the remediation of any condition or activity found to exist in, on
or about any building, structure or premises in violation of the Uniform
Code, Energy Code, or this chapter. Upon finding that such condition
or activity exists, the Code Enforcement Officer shall issue a compliance
order/order to remedy. The compliance order/order to remedy shall:
(1)
Be in writing.
(2)
Be dated and signed by the Code Enforcement Officer (or his authorized
inspector).
(3)
Specify the condition or activity that violates the Uniform Code,
Energy Code or this chapter.
(4)
Specify the provision or provisions of the Uniform Code, Energy Code
or this chapter which is/are violated by the specified condition or
activity.
(5)
Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for compliance.
(6)
Direct that compliance occur within the specified period of time,
and state that an action or proceeding to compel compliance may be
instituted if compliance is not achieved within the specified period
of time.
D.
The Code Enforcement Officer (or his authorized inspector) shall cause the compliance order/order to remedy to be mailed to the property owner identified in filings with and records of the Village of Brockport (or as indicated in the real property records of the Monroe County Clerk), and/or to the property owner as defined in § 36-9 of this chapter, by registered and/or certified mail, and/or a copy thereof may be personally served on the owner of the affected property. The Code Enforcement Officer shall be permitted, but not required, to cause a copy of the compliance order/order to remedy to be mailed to any property manager or agent, builder, architect, tenant(s), contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed or occurring at the affected property and/or involved in the use of the affected property, also by registered and/or certified mail and/or by personal service thereof.
E.
Appearance tickets. The Code Enforcement Officer (or his authorized
inspector) is authorized to issue appearance tickets for any violation(s)
of the Uniform Code, Energy Code or this chapter.
F.
Civil penalties. Any person, corporation or other entity who violates
the provisions of this chapter shall be guilty of a violation and
shall be subject to imprisonment not to exceed fifteen days or a fine
not to exceed $250 or both such fine and imprisonment. Each day of
continued violation shall constitute a separate offense.
[Amended 11-16-2015 by L.L. No. 1-2015]
G.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Brockport in a court of competent jurisdiction
to prevent, restrain, enjoin, correct or abate any violation of or
to enforce any provision of the Uniform Code, Energy Code or this
chapter or any term or condition of any building permit, certificate
of occupancy/certificate of compliance, conditional certificate of
occupancy/certificate of compliance, stop-work order, operating permit,
residential rental registration, compliance order, or other notice
or order issued by the Code Enforcement Officer pursuant to any provision
of this chapter. In particular, but not by way of limitation, where
the construction or use of a building or structure violates any provision
of the Uniform Code, Energy Code or this chapter, or any stop-work
order, compliance order or other order obtained under the Uniform
Code, the Energy Code or this chapter, an action or proceeding may
be commenced in the name of the Village of Brockport in the Supreme
Court or in any other court having the requisite jurisdiction to obtain
an order directing the removal of the building or structure or an
abatement of the condition in violation of such provisions. No action
or proceeding described in this subsection shall be commenced without
the appropriate authorization from the Board of Trustees of the Village
of Brockport.
H.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedies available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 36-14 (Stop-work orders) or § 36-15 (Structures unfit for human habitation) of this chapter or any other chapter of this Code or local law, in any other section of the local law(s), or in any other state or local law, as applicable. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 36-14 (Stop-work orders) or § 36-15 (Structures unfit for human habitation) of this chapter or local law, in any other section of local law(s), or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to and not in substitution for or limitation of the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
The Village of Brockport shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
A.
All applications received, reviewed and approved or denied.
B.
All plans, specifications and construction documents approved.
C.
All building permits, certificates of occupancy/certificates of compliance,
conditional certificates of occupancy/certificates of compliance,
stop-work orders, and operating permits issued.
D.
All inspections and tests performed.
E.
All statements and reports issued.
F.
All complaints received.
G.
All investigations conducted.
H.
All other features and activities specified in or contemplated by §§ 36-2 through 36-8 and 36-11 through 36-15, inclusive, of this chapter, and all such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures or appurtenances thereto shall be retained for at least the minimum time period so required by state law and regulation.
A.
The Code Enforcement Officer shall annually submit to the Board of Trustees of the Village of Brockport a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 36-28 (Recordkeeping) of this chapter.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the Village of Brockport, on a form prescribed
by the Secretary of State, a report of the activities of the Village
of Brockport relative to administration and enforcement of the Uniform
Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials that the Village
of Brockport is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
the Village of Brockport in connection with administration and enforcement
of the Uniform Code.
The Board of Trustees of the Village of Brockport may, by resolution,
authorize the codes official of any municipality within New York State
or enter into an agreement in the name of the Village of Brockport
with other governments to carry out the terms of this chapter, provided
that such agreement does not violate any provision of the Uniform
Code, the Energy Code, Part 1203 of Title 19 of NYCRR, or any other
applicable law(s).
A.
Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this chapter shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this chapter, which shall continue in full force and effect, and
to this end, the provisions of this chapter are hereby declared to
be severable.
B.
Saving clause. This chapter shall not affect violations of any other
ordinance, code or regulation of the municipality existing prior to
the effective date hereof, and any such violation shall be governed
and shall continue to be punishable to the full extent of the law
under the provisions of those ordinances, codes or regulations in
effect at the time the violation was committed.
C.
Unconstitutionality or invalidity in part. Should any section, paragraph,
sentence, clause or phrase in this chapter be declared unconstitutional
or invalid for any reason, the remainder of the chapter shall not
be affected thereby and shall remain in full force and effect, and
to this end, the provisions of this chapter are declared to be severable.
