[HISTORY: Adopted by the Town Board of the Town of North
Salem 7-14-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 41.
The Town Board of the Town of North Salem hereby determines
that it is necessary for the health, safety, appearance and general
welfare of the residents of the Town of North Salem to provide a method
whereby improved properties and public lands within the Town are clean,
properly maintained and free from vermin, nuisances, hazards, debris
and litter. The Town Board acknowledges the existence of the Property
Maintenance Code of New York State (2010) as amended and that its
administration and enforcement is the responsibility of the Building
Inspector. The provisions of said Code are incorporated herein and
made a part hereof.
A.
Any owner, tenant, or occupant of any property responsible for the creation of an offense in violation of this chapter located within the Town of North Salem, or other person who is in control of or manages a property where such violation is occurring or has occurred, shall remove such offense when ordered to do so by the Building Inspector or his representative within 30 days of the service of written notice of violation as provided in Subsection C below.
B.
Any person responsible for the creation of an offense in violation of this chapter affecting a public street or other public property within the Town of North Salem, or other person who is in control of or manages a property where such violation is occurring or has occurred, shall remove such offense when ordered to do so by the Building Inspector or his representative within 30 days of the service of written notice of violation as provided in Subsection C below.
C.
All written notices of violation under this section shall be served
on the owner, tenant, or occupant responsible for the creation of
such offense on any property located within the Town of North Salem,
or other person who is in control of or manages a property where such
violation is occurring or has occurred, by posting a copy of such
violation notice upon the front portion of the property or upon the
main structure and by mailing a copy of such notice by certified mail/return
receipt requested, to the owner of the property as shown on the latest
assessment rolls of the Town and to the person who is in control of
or manages the subject property. In the case of any person responsible
for the creation of an offense existing upon a public street or public
property, notice may be personally served on such person or mailed
by ordinary mail to such person at such person's last known address.
D.
The Building Inspector or his representative shall be responsible to direct the proper securing of dumpsters, containers or enclosures upon all properties, and such officer shall provide written notice of violation to the owner, tenant, occupant or other party as provided in Subsection C, which shall require the removal within 30 days of any vermin, nuisance, hazard, debris, litter or property maintenance violation.
E.
In the event that a notice of violation issued to an owner, tenant,
or occupant on any property located within the Town of North Salem,
or other person who is in control of or manages a property where such
violation is occurring or has occurred, is not remedied to the satisfaction
of the Building Inspector or his representative within the time provided
for in the notice of violation, a summons shall issue returnable in
Justice Court of the Town of North Salem.
A.
Any person found guilty of a violation of any provision of this chapter
shall be punished by a fine of not less than $250 to a maximum of
$500. Any person found guilty of a second offense of any provision
of this chapter within 18 months of the date of the first conviction
shall be punished by a fine of not less than $500 and not more than
$1,000. Any person found guilty of a third offense of any provision
of this chapter within 18 months of the date of the second conviction
shall be punished by a fine of not less than $2,500 and not more than
$5,000. Any person found guilty of a fourth or subsequent offense
of any provision of this chapter within 18 months of the date of the
third conviction shall be punished by a fine of not less than $5,000
and not more than $7,500.
B.
The continuation of an offense against the provisions of this chapter
shall constitute, for each week the offense is continued after issuance
of the notice of violation, a separate and distinct offense hereunder.
A.
Upon the failure of an owner, tenant or occupant responsible for
the creation of such offense, or other person who is in control of
or manages a property where such violation is occurring or has occurred,
to comply with a notice to correct a condition as cited within the
days allotted, the Town Board may hold a public hearing. The public
hearing shall be held upon notice posted conspicuously on the affected
property and forwarded to the last known address of the property owner,
as it appears on the current tax records of the Town, by certified
mail, return receipt requested. Posting and service of such notice
shall not be less than 10 days prior to the date of such hearing.
B.
The Town Board, after a public hearing as provided in Subsection A, may cause any vermin, nuisance, hazard, debris, litter or property maintenance violation as defined in this chapter to be removed from any property within the Town of North Salem upon the failure of such owner, tenant or occupant, or other person who is in control of or manages a property where such violation is occurring or has occurred, to comply with any order of the Town Board. Said removal shall be performed by a private contractor hired by the Town or at the option of the Town Board, by Town employees. The Town Board shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
C.
The removal of any vermin, nuisance, hazard, debris, litter or property
maintenance violation by the Town of North Salem or its agents shall
not operate to excuse such 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 other penalties for herein.
A.
Upon failure to respond and comply with the requirements of the notices described in § 171-2C within 30 days from posting and mailing, the Building Inspector or his representative will perform an inspection of the premises and submit a detailed report to the Town Board describing the level of vermin, nuisance, hazard, debris, litter or property maintenance violation as defined in herein. The Official will further investigate and detail the circumstances of the abandonment of the premises, as well as perform due diligence regarding the current status of the property. The report will also contain the scope of the work required to remove any vermin, nuisance, hazard, debris, litter or property maintenance violation affecting the health, safety and welfare of the neighboring properties, residents and the public at large.
B.
Upon receipt and review of the report, the Town Board may, by resolution,
authorize the necessary work to be done and pay the cost thereof out
of general Town funds appropriated by the Town Board for such purpose.
C.
The Town shall seek reimbursement for the cost of the work performed
or the services rendered through any means permitted by law and/or
by assessment against the owner of the property. The expense so assessed
shall constitute lien and charge on the real property on which it
is levied until paid or otherwise satisfied or discharged and shall
be collected in the same manner as other Town charges in the manner
provided for the assessment of the cost of public improvements pursuant
to Article 4, § 64, 5-a of the Town Law of the State of
New York (general powers of Town Boards, removal of fire and health
hazards and weeds), as amended.
If any section of this chapter shall be held unconstitutional,
invalid or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
This chapter shall be effective immediately upon filing of same
with the Secretary of State of the State of New York.
