It shall be unlawful for any owner to use, occupy or maintain
any building, premises or structure or portion thereof in violation
of any provisions of this chapter or fail in any manner to comply
with any notice, directive or order of the Code Enforcement Officer.
Any condition caused or permitted to exist in violation of any
of the provisions of this chapter shall be deemed a public nuisance
and shall be abated as such by the owner in an approved manner.
Whenever the Code Enforcement Officer determines that there
has been a violation of this chapter or has grounds to believe that
a violation has occurred, or an owner fails in any manner to comply
with any notice, directive or order of the Code Enforcement Officer,
a notice of violation shall be given in the manner prescribed in this
article to such owner of any building, premises or structure or portion
thereof in violation of any provisions of this chapter.
A notice of violation shall be in accordance with all of the
following:
A.
Be in writing.
B.
Include a description of the real estate sufficient for identification.
C.
Include a statement of the violation or violations and why the notice
is being issued.
D.
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring any building, premises
or structure into compliance with this chapter.
E.
Inform the owner of the right to appeal.
F.
Include a statement of the any applicable penalties and the right
to file a lien in accordance with this chapter.
A notice of violation shall be deemed to be properly served
if a copy thereof is:
A.
Delivered to the owner personally;
B.
Sent by certified mail addressed to the owner at the last known address
with the return receipt requested; or
C.
Posted in a conspicuous place in or about the structure affected
by such notice, if the notice is returned showing that the letter
was not delivered.
A notice of violation issued or served as provided by this article
shall be complied with by the owner, operator, occupant and other
person responsible for the condition or violation to which the notice
of violation pertains.
The Code Enforcement Officer has the authority to enter into
a written voluntary compliance agreement with the owner in order to
gain voluntary compliance in correcting a confirmed violation. The
agreement shall include time limits for compliance and shall be binding
on the owner. The Code Enforcement Officer shall abate further processing
of the alleged violation during the time allowed in the voluntary
compliance agreement for the completion of the necessary corrective
action. The Code Enforcement Officer shall take no further action
concerning the alleged violation if all terms of the voluntary compliance
agreement are satisfied, other than steps necessary to terminate the
waiver. The failure to comply with any term of the voluntary compliance
agreement constitutes a separate violation and shall be handled in
accordance with the procedures established by this chapter, except
no further notice after the voluntary compliance agreement has been
signed need be given before the Code Enforcement Officer may also
proceed on the alleged violation that gave rise to the voluntary compliance
agreement.
An action or proceeding may be instituted in the name of this
Town, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any provision
of this chapter or any term or condition of any notice of violation
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 any junk is stored, deposited, placed
or maintained outdoors upon private property in violation of any provision
of this chapter, or any notice of violation order or other order issued
under this chapter, an action or proceeding may be commenced in the
name of this Town, in the Supreme Court or in any other court having
the requisite jurisdiction, to obtain an order directing the removal
of junk 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 Town Board.
The Code Enforcement Officer is authorized to issue appearance
tickets for any violation of this chapter.
The Code Enforcement Officer shall cause the appearance ticket,
or a copy thereof, to be served on the owner of the affected property
as provided by law.
A.
Civil penalty. Any person who undertakes any action regulated by
this chapter, or who violates, disobeys or disregards any provision
of this chapter, shall be liable to the Town for a civil penalty not
to exceed $250 per day for every such violation. Each offense shall
be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Town.
B.
Criminal penalty. Any violation of any part of this chapter shall
constitute a violation as defined in the Penal Law of the State of
New York and shall be punishable by a fine not to exceed $250 or 15
days' imprisonment, or both such fine and/or imprisonment. Each
offense shall be a separate and distinct offense, and, in the case
of a continuing offense, each day's continuance thereof shall
be deemed a separate and distinct offense. The criminal penalties
provided by this subsection shall be recoverable in an action instituted
in the name of this Town.
C.
Restoration. A court of competent jurisdiction may order or direct
a violator to restore the affected land to its condition prior to
the offense, insofar as that is possible. The court shall specify
a reasonable time for the completion of such restoration, which shall
be effected under the supervision of the Code Enforcement Officer
or his/her designate.
