A.
The Code Enforcement Office is hereby authorized to issue to an owner
a notice of violation and order to remedy any condition or activity
found to exist in, on or about any building or property in violation
of the Uniform Code, the Energy Code or this chapter. The notice of
violation and order to remedy shall:
(1)
Be in writing; signed and dated by a Code Enforcement Officer;
(2)
Specify the condition or activity that violates the Uniform Code,
the Energy Code or this chapter;
(3)
Specify the provision or provisions of the Uniform Code, the Energy
Code or this chapter which are violated by the specified condition
or activity;
(4)
Specify and direct the period of time which the Code Enforcement
Office deems to be reasonably necessary for achieving compliance;
(5)
Declare that corrective action may be taken by the Town if compliance
is not achieved by the owner within the specified period of time,
and that the cost of such corrective action will be levied against
the owner and may added to the Town property taxes for the subject
property and become a lien against the property if unpaid, and that
the owner may also be personally responsible for said costs and expenses;
and
B.
The Code Enforcement Office shall cause the notice of violation and
order to remedy, or a copy thereof, to be served on the owner of the
affected property personally or by first class mail. Notice will be
deemed received upon personal delivery or five days after service
by first class mail.
C.
Hearing on notice of violation and order to remedy. The owner so
served may request and shall be granted a hearing on the matter by
the Town Board, provided that such owner shall, within 48 hours after
service is complete, file in the office of the Town Clerk a written
request for a hearing, setting forth a brief statement of the reasons
that the owner disputes the Code Enforcement Officer's notice
of violation. Such request must be signed and dated by the owner,
or other appropriate person in authority. Upon receipt of such request,
the Town Clerk shall forthwith set a time and place for such hearing
and shall give the owner notice thereof. The hearing shall be commenced
not later than 20 days after the request is made, provided that for
good cause the Town Supervisor, or a designee of the Town Supervisor,
may postpone such hearing for a reasonable time. The Town Board shall
determine such requests as promptly as practicable. If, after the
hearing, the Town Board finds that no violation exists or that such
unusual, extraordinary or undue hardship shall occur as a result of
strict adherence to the notice of violation and order to remedy, it
shall direct the Code Enforcement Office to withdraw the notice of
violation and order to remedy. If the Town Board finds that a violation
does exist, it shall affirm the contents of such notice of violation
and order and order compliance therewith, within the time prescribed
by the order to remedy.
D.
Upon the failure, neglect or refusal of the owner to properly comply
with a notice of violation and order to remedy within the time prescribed
therein, the Code Enforcement Office is hereby authorized and empowered
to correct any and all violations set forth in the notice of violation
and order to remedy, either by Town employees or by contract.
E.
In a case where the Town has corrected any violation as a result
of the failure of the owner to do so, the owner shall pay to the Town
the costs thereof, within 20 days of service of a demand for payment
issued by the Code Enforcement Office. Such demand for payment shall
be served on the owner personally or by first class mail and will
be deemed received upon personal delivery or five days after service
by first class mail.
F.
Upon the failure of the owner to pay the above costs, the costs shall
be deemed to be a civil penalty against the owner, personally. Such
costs, if unpaid, shall also be assessed against the property on which
such building is located and shall be levied and collected in the
same manner as provided in Article 15 of the New York State Town Law
for the levy and collection of a special ad valorem levy. The civil
penalties provided by this subsection shall be recoverable in an action
instituted in the name of the Town. The provisions of this section
with respect to costs shall be in addition to any penalty imposed
for violation of or noncompliance with any provision of this chapter.
G.
Emergencies. In the event a structure poses an imminent threat to the life and safety to the public health or welfare, the procedures required by Subsections A, B, C and of this section shall not be required and the Code Enforcement Office shall immediately arrange to remedy such emergency situation with Town employees or by contract. The provisions of Subsections E and F of this section shall apply to such emergency cases.
The Code Enforcement Office and each Code Enforcement Officer
are authorized to issue appearance tickets for any violation of this
chapter, the Uniform Code or the Energy Code.
Any owner or operator who shall violate any provision of this
chapter shall be punishable by a fine of not more than $500 and incarceration
not to exceed 15 days. Each day that a violation continues shall be
deemed a distinct and separate offense.
In lieu of an appearance ticket and a criminal remedy, any owner
who violates any provision of the Uniform Code, the Energy Code or
this chapter shall be liable to pay a civil penalty of not more than
$500 for each day, or part thereof, during which such violation continues.
The civil penalties provided by this section shall be recoverable
in an action instituted in the name of the Town.
An action or proceeding may be instituted in the name of the
Town, in any court of competent jurisdiction, to prevent, restrain,
enjoin, correct or abate any violation of, or to enforce, any provision
of the Uniform Code, the Energy Code or this chapter. In particular,
but not by way of limitation, where a building or property is in violation
of any provision of the Uniform Code, the Energy Code or this chapter,
an action or proceeding may be commenced in the name of the Town,
in the Supreme Court or in any other court having the requisite jurisdiction,
to obtain an order directing the removal of the building or an abatement
of the condition in violation of such provision. No action or proceeding
described in this section shall be commenced without the appropriate
authorization from the Town Board.
No remedy or penalty specified in this chapter shall be the
exclusive remedy or remedy available to address any violation described
in this chapter, and each remedy or penalty specified in this chapter
shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified in this chapter or in
any other applicable law. Any remedy or penalty specified in this
chapter may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty. In particular,
but not by way of limitation, each remedy and penalty specified in
this chapter shall be in addition to, and not in substitution for
or limitation of, the penalties specified in Subdivision 2 of § 382
of New York State Executive Law, and any remedy or penalty specified
in this chapter 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 New York State Executive Law.
