[HISTORY: Adopted by the Board of Trustees of the Village of Canajoharie as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I]
An article of the Village of Canajoharie, New York, providing for registration and posting of owner and manager information and designation of agent.
It is recognized by the Village Board that a number of properties in the Village are owned by persons who do not live in the Village of Canajoharie or in the County of Montgomery. As a result, it has often been difficult for Village departments, such as the Fire Department, Department of Public Works, Water Department, Police Department, as well as the Code Enforcement and Zoning Officer to contact the absentee officers when necessary. The Village Board recognizes the need for such departments and officials to contact the owner and/or manager of a property located within the Village, particularly in emergency situations. In order to facilitate such contact with the owners and/or property managers, these provisions are being enacted to require the registration with the Village and posting in the building on such properties of the names, addresses and telephone numbers of such property owners and property managers so as to provide the Village and its various departments with accessible and accurate information concerning the property and the person or persons to contact should there be a problem or emergency at the property.
As used in this article, the following terms shall have the meanings indicated:
ACTION or PROCEEDING
Any action or proceeding which may be instituted in the Town Court of the Town of Canajoharie in connection with an alleged violation of any of the local laws, rules or regulations of the Village of Canajoharie.
BUILDING
Any improved real property located within the Village of Canajoharie which, in whole or in part, is non-owner-occupied.
OWNER
Any individual or individuals, partnership or corporation, whether for profit or otherwise, in whose name title to a building stands.
PROCESS
A summons or any notice, mandate or other paper or process issued under any provision of the Code of the Village of Canajoharie.
VILLAGE
Village of Canajoharie.
VILLAGE CLERK
Either the Village Clerk or the Deputy Village Clerk of the Village of Canajoharie.
A. 
Registration of owner and designation of agent.
(1) 
Every owner of a building, as herein defined, located within the Village of Canajoharie shall file:
(a) 
A notarized statement of designation signed by the said owner setting forth the name and address, by street and number, also, if applicable, a mailing address if different, in County of Montgomery or otherwise within 35 miles of the Village of Canajoharie, of an agent whom process may be served in any action or proceeding which may be commenced or instituted against said owner. A post office box number alone is not sufficient to comply with this provision.
(b) 
A notarized statement by the said owner setting forth the name, telephone, and address, by street and number, as well as the mailing address if different, of the owner or owners of the property.
(c) 
A notarized designation signed by the said owner naming the Village Clerk as the agent upon whom process against the owner may be served, and the post office address, within or without the Village of Canajoharie, to which the Village Clerk may mail a copy of any process against such owner served upon the Clerk.
(2) 
Whenever process is served upon the Village Clerk, the Clerk shall promptly mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process.
B. 
Certificate of ownership. Attached to such statement and designation shall be a certificate properly certified by the owner that he is the owner of the premises with respect to which such statement or designation is filed.
C. 
Posting of notice.
(1) 
Every owner of a building within the Village of Canajoharie shall post, and keep posted, in a conspicuous place in a main public area in said building a notice, at least six inches by eight inches in size, setting forth:
(a) 
The name, address, and telephone number of the owner of said building.
(b) 
The name, address, and telephone number of the person, firm, or corporation responsible for the management of the building.
(c) 
The name, address, apartment number, and telephone number of the resident superintendent of the building, if any.
In the event that a building is:
A. 
A one-family house, such notice need not be posted.
B. 
A two- or three-family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in the notice in § 111-4C(1)(b) above.
C. 
In the event of a change of ownership, a change of the designated agent or a change of the resident superintendent of such building, the owner of the property shall file with the Village Clerk new designations of agent and also naming the Village Clerk to receive the process and shall post a revision of the required notice in the building and file a copy of same with the Village Clerk within 30 days of any such change.
Notwithstanding any other provisions in the Code of the Village of Canajoharie, any violation of this article is hereby declared to be a public nuisance which may be enjoined, subject the violator to the fines, penalties, administrative and/or legal proceedings, including but not limited to abatement actions taken by the Village and collection of all legal expenses incurred in the enforcement of this article.
A. 
The Village shall, from time to time, appoint and authorize a Zoning or Code Enforcement Officer to police and/or enforce the regulations and prohibitions of this article, to review, approve and/or disapprove applications for special use permits, to issue special use permits and/or to issue warnings, notices of violation and/or notices to comply, issue citations and/or assess fines, abate, defend and/or seek any and all available remedies arising out of or from any claim and/or cause of action for and against the Village, its Board, Planning Board, Board Trustees and/or officers, for any matter arising out of a real or alleged violation or other grievance under this article.
B. 
Fines/penalties. Any person who shall violate any provision of this article may be subject to a fine or penalty of $25 per day for each day upon which such violation shall exist and not be remedied. Each day subsequent to the day upon which notice of violation is first given, and upon which said violation shall continue and not be remedied, shall constitute a separate and continuing violation for which the aforesaid daily fine or penalty shall be newly and continually assessed.
C. 
Complaints. The Code Enforcement Officer may also investigate any alleged violation that he or she has good reason to believe has occurred or is occurring.
D. 
Notice to comply. A notice to comply shall be prepared and served by the Code Enforcement Officer and shall contain:
(1) 
The name of the owner or occupant to whom the notice shall be addressed;
(2) 
The location of the premises involved in the violation;
(3) 
A statement of the facts which it is alleged violates this article;
(4) 
A demand that the violation or situation be remedied so as to be in compliance with this article within a specified number of days after the service or mailing of the notice;
(5) 
A statement that a failure to comply with the demand may result in the building condition being remedied by the Village in a manner consistent with this article, including, but not limited to, prosecution; and
(6) 
A copy of this article.
E. 
Enforcement. The Code Enforcement Officer is hereby authorized pursuant to Criminal Procedure Law § 150.20(3) to issue an appearance ticket to any person whom the Code Enforcement Officer had reason to believe had violated this article, and shall cause such person(s) to appear before the appropriate justice; or, in the alternative, to provide the Village Board with written inspection and report concerning the nuisance, upon which the Village Board may commence summary abatement proceedings as set forth below.
F. 
Summary abatement.
(1) 
Upon failure of an owner, tenant or occupant with notice to correct a violation of this or any law of the Village of Canajoharie, the Village Board may hold a public hearing to determine whether the violation constitutes a public nuisance requiring abatement by the Village. The public hearing shall be held upon notice posted conspicuously on the subject property. The notice shall also be sent to the last known address of the property owner, as it appears on the current assessment records of the Village, by certified mail, return receipt requested or served on the owner by personal service. Posting and service of such notice shall not be less than 21 calendar days exclusive of the date of service, prior to the date of the public hearing. This notice shall:
(a) 
Identify the premises as the same appears on the current assessment role;
(b) 
Contain a statement of the conditions on the property deemed upon inspection to constitute a public nuisance;
(c) 
Contain a demand that the condition or conditions constituting the public nuisance be immediately abated or removed before the date of the hearing specified in the notice;
(d) 
Contain a statement that a failure or refusal to comply within the period specified may result in a duly authorized officer, agent or employee of the Village entering the property and abating or correcting the public nuisance; and
(e) 
Contain a statement that the cost and expense of such abatement or correction shall be the responsibility of the owner, tenant or occupant, and, without limitation on the Village's potential remedies to recoup its expenses, such cost and expense shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
(2) 
Wherein the Board finds, based on substantial evidence in the public hearing record, that the violation or violations amount to a public nuisance requiring abatement by the Village, the Board may cause the remedy, abatement or correction of the public nuisance. The remedy, abatement or correction may be performed by the Village or by its designee or agent, including a private contractor lawfully engaged and authorized by the Village. The Board shall ascertain the cost of the remedy, abatement or correction, and assess such expense against the record owner of the property. The expense so assessed shall constitute a lien in charge on 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 Village charges. The foregoing shall not be construed as a limitation on the Village's potential remedies to recover its costs.
(3) 
The Village Board may commence a special proceeding in a court of competent jurisdiction to collect the costs of correction, including reasonable and necessary legal expenses (attorney's fees, costs and disbursements) incidental to enforcement of this article.
(4) 
The removal of any nuisance by the Village's agents shall not operate to excuse such owner, tenant or occupant from continuing to properly maintaining the premises as required by this article. Such owner, tenant or occupant shall, in addition to the remedies provided herein, be subject to any other penalties provided for by this article.
The provisions of this article are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect any portion of this article other than said part or portion thereof.