[Adopted 6-16-2016 by L.L. No. 11-2016; amended in its entirety 12-22-2016 by L.L. No. 29-2016]
A.
Residential premises shall be maintained in a clean, safe and sanitary
condition.
B.
Fences, walls, and other minor constructions shall be maintained
in good appearance and safe condition.
C.
Steps, walks, driveways, parking spaces, and similar paved areas
shall be maintained to afford safe and convenient passage.
D.
Yards, courts, and vacant lots shall be kept clean and free of hazards
and debris.
E.
Ground cover shall be properly established to prevent undue soil
erosion due to elements.
F.
Heavy undergrowth and accumulations of plant growth which are noxious
or detrimental to health or safety shall be eliminated.
G.
Lawns, weeds, and ground cover vegetation shall be maintained and
shall not exceed eight inches in height.
H.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling, and disposal of garbage and refuse.
I.
The accumulation or storage of rubbish, garbage, or refuse in public
view shall be prohibited.
J.
Refrigerators, and similar equipment with locking mechanisms, shall
not be discarded, abandoned, or stored on premises accessible to children
without first removing the locking devices or the hinges of the doors.
K.
Junked vehicles, equipment, and materials shall not be stored in
areas of premises which can be viewed by the public from any public
street or thoroughfare.
It shall be unlawful for any owner of real property in the Village of Island Park to permit or allow any violation of § 431-10 above:
A.
The Building Department shall be designated by resolution as the
agency to administer and secure compliance with the standards established
under this article, hereinafter referred to as the "Property Maintenance
Standards."
B.
The agency shall have a chief officer and such assistants and inspectors
as may be necessary to carry out effectively the powers and duties
of the agency.
C.
Personnel of the agency shall be qualified and appointed as prescribed
by resolution, and shall be furnished with appropriate official badges
or identification cards, or both.
D.
Personnel of the agency shall be free from personal liability for
acts done in good faith in the performance of official duties.
A.
The agency shall be charged with the duty of administering the Property
Maintenance Standards and securing compliance therewith, and shall
be empowered to adopt rules and regulations necessary for securing
such compliance and for its own organization and internal management.
Such rules and regulations shall not be in conflict any other provision
of local, state or federal law.
B.
The agency shall be empowered to request, and shall receive, so far
as may be necessary in the discharge of its duties, the cooperation
of other officials or agencies of the municipality.
C.
The agency shall be empowered to require independent inspections
of any premises.
D.
The agency shall be empowered to conduct surveys to determine the
condition of premises, extent of deterioration, adequacy of maintenance,
existence of unsafe and unsanitary conditions, land use, and other
relevant facts affecting safety, health or welfare.
E.
It shall be the duty of the agency:
(1)
To cause inspections to be made of any premises within the scope
of the Property Maintenance Standards;
(2)
To cause an investigation of complaints of alleged violations of
the Property Maintenance Standards;
(3)
To issue written orders for the elimination or removal of conditions
affecting or found to exist on or about premises in violation of the
Property Maintenance Standards, and, where appropriate, to order the
cessation or repair of premises found to be in violation of the Property
Maintenance Standards, and to state in the violation order a reasonable
time limit for compliance therewith and the time within which an appeal
may be taken;
(4)
To request the chief legal officer of the municipality to take appropriate
legal action upon failure to comply with a violation order or orders;
(5)
To assist and cooperate with the Board of Appeals;
(6)
To keep official records of agency actions and activities;
(7)
To cause studies to be made of housing and environmental conditions
for the purpose of community improvement;
(8)
To cooperate with other public and private agencies engaged in the
study and improvement of housing and environmental conditions; and
(9)
To publish an annual report including a summary of actions, activities,
results, accomplishments, studies, as well as current and proposed
programs.
A.
The agency and its representatives shall be authorized, in the performance
of their duties, to conduct inspections of premises, or parts of premises,
at such times and in such manner as the agency may find convenient
or necessary, with the consent of the person in possession or occupancy.
B.
If admission is refused or cannot be obtained from the person in
possession or occupancy, the agency or its representatives shall be
authorized to obtain a warrant to make an inspection, provided reasonable
or probable cause is shown.
C.
In case of an emergency, the agency or its representatives may, without
a warrant, enter any premises, or parts of premises, to inspect the
same, at any time, without the permission of the person in possession
or occupancy.
A.
Whenever the agency finds that there has been a violation of the
Property Maintenance Standards, the agency shall issue a violation
order, or upon the inspection and assessment of the Building Inspector
in regards to public safety shall issue a summons, to the person or
persons responsible. The violation order or summons shall.
[Amended 2-16-2017 by L.L. No. 4-2017]
(1)
Be in writing;
(2)
Identify the premises;
(3)
Specify the violation and remedial action to be taken;
(4)
Provide a reasonable time limit for compliance, which shall be seven
days, unless otherwise extended by the agency;
(5)
State the time within which an appeal may be taken, which shall be
15 days; and
(6)
If the violation constitutes a public nuisance or renders the premises
dangerous or unsafe, include, in the order, a statement that if the
violation is not remedied within the time limit specified on the violation
order or summons, the agency may remedy the violation.
B.
A violation order or summons may be served as follows:
[Amended 2-16-2017 by L.L. No. 4-2017]
(1)
By personal in-hand service; or
(2)
By mailing, by registered or certified mail, to the property owner,
in accordance with this article; or
(3)
If no owner, or other party upon whom an order may be served, can
be located, then by posting a copy thereof in a conspicuous place
on the premises and by mailing another copy thereof to the premises,
on the same day as posted, enclosed in a postpaid wrapper addressed
to the last known owner.
C.
In case the owner, occupant, or the agent of any of them, shall fail,
neglect, or refuse to remedy, eliminate, or abate the violation within
the time specified, the agency shall request the chief legal officer
of the municipality to take appropriate legal action; and same shall
be punished. The Village Justice Court shall have jurisdiction to
hear and determine the complaint and render judgment thereon.
D.
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, and the violation order has been served but the violation has not been remedied within the time limit specified in such violation order, the agency may remedy the violation, after obtaining a court order, without being required to give notice of the application for such order, authorizing the agency to enter the premises and remedy such violation, after the expiration of three days from the date of service of the court order. Unless the court otherwise directs in such order, it shall be served in the same manner as provided, in Subsection B of this section for the service of a violation order.
[Amended 8-27-2020 by L.L. No. 6-2020]
Costs incurred by the agency in eliminating or removing violations
of the property maintenance standards, nuisances and dangerous or
unsafe conditions shall be paid for by the municipal fiscal officer
out of the municipal treasury upon certification of the agency. An
administrative fee of $100 will be charged against the premises for
each and every occurrence the agency eliminates or removes violations
of the property maintenance standards, nuisances and dangerous or
unsafe conditions that are paid for out of the municipal treasury. Such
costs shall be charged against the premises, and shall constitute
a lien thereon in favor of the municipality, and the amount of such
costs may be assessed against the property owner and if not paid to
the Village Clerk within 30 days, may be entered on the tax rolls
as being due and payable. Interest, at a rate of 12% per annum, shall
be payable thereon and shall accrue from the date of the payment thereof
by the municipality. Such costs may also be recovered in any other
lawful manner.
The agency shall keep official records, including, but not limited
to, registrations and reports filed, certificates issued, complaints
received, inspections made, violations found, orders issued, and actions
taken. Such records shall be public records, open to inspection during
business hours. Copies or transcripts of such records shall be furnished
upon written application and payment of any and all lawful fees.
A.
Failure to comply with a violation order, within the time limit stated
therein, shall constitute an offense. A person convicted of an offense
shall be punished by a fine not to exceed $250 or by imprisonment
for a period not to exceed 15 days, or both. Each and every week any
such continued failure to comply with a violation order continues,
after such time limit, may constitute a separate offense for which
the aforesaid penalties may be cumulatively imposed. Notwithstanding
the foregoing, punishment by imprisonment under this subsection shall
not exceed one year regardless of the number of offenses.
B.
The penalties heretofore prescribed shall not be imposed upon a person
who by operation of law acquires premises containing violations for
which a violation order has been issued, for a period of one month
after the date of such acquisition of the premises. Nevertheless,
the penalties provided shall attach and apply, either upon the expiration
date of such one-month period or upon transfer of title to the premises
before the expiration of such period, whichever first occurs.
A.
Owners of premises shall be responsible for compliance with the Property Maintenance Standards and this article, and shall remain responsible therefor regardless of the fact that this article may also place certain responsibilities on occupants, and regardless of any agreement between or among owners, lessors, and occupants as to which party shall be responsible, except as provided in § 431-21B.
B.
Owners of premises shall be responsible for proper maintenance of
the premises.
C.
Owners and lessors of premises shall be responsible for the removal
of garbage, refuse, and junk, to assure that the premises are maintained
in a safe, clean, healthful, and sanitary condition, and shall provide
adequate private carting for such removal. Any municipal collection
which may be provided shall be supplemented by private carting service,
when necessary.
Owners shall be responsible for compliance with the provisions
of this article and with respect to premises in regard to the following:
A.
Maintenance in a clean, safe, and sanitary condition;
B.
Disposing of garbage and refuse into provided facilities in a sanitary
manner and keeping the premises free and clear therefrom;
C.
Extermination of insects, vermin, rodents, pests, and elimination
of harborage; and
D.
Keeping domestic animals and pets in an appropriate manner and under
control.
A.
There shall be designated by resolution a board of appeals, hereinafter
referred to as the "Board." The number of members, terms of office,
manner of appointment, and designation or election of a chief officer
shall be fixed by resolution.
B.
The Board shall be empowered to adopt rules of procedure for the
conduct of its business, provided such rules are not inconsistent
with provisions of law or this article.
C.
The Board shall be empowered to charge or collect reasonable fees
and to make rules and regulations with respect thereto.
D.
The Board shall have the following powers and duties:
(1)
Determinations. The Board shall decide matters involving determinations
of the agency with respect to this article and the Property Maintenance
Standards, or rules or regulations of the agency.
(2)
Interpretations. The Board shall decide questions involving the interpretation
of this article and the provisions of the Property Maintenance Standards,
as well as the rules or regulations of the agency.
(3)
Variances. The Board may grant variances where the strict application
of the provisions of this article or the Property Maintenance Standards,
or rules or regulations of the agency, would result in practical difficulty
or unnecessary hardship, provided the intent of the provisions of
this article or of the Property Maintenance Standards, or rules or
regulations, is carried out with respect to the protection of safety,
health, or welfare.
(4)
The board of appeals shall be the same body as the Village Zoning
Board of Appeals, which shall also hear appeals brought up pursuant
to this article.
A.
An appeal from an order, determination, or regulation of the agency
shall be taken to the Board.
B.
Such appeal shall be filed, on forms provided by the Board and made
available at the agency, simultaneously with the agency and the Board,
within the time limit established by the agency. Compliance with a
violation order shall not be required while an appeal is pending,
unless the premises are a nuisance, dangerous or unsafe, in which
event adequate protective measures shall be taken.
C.
The appellant shall serve upon the Board copies or transcripts of
all records of the matter at issue.
D.
The time in which an appeal must be commenced is 15 days from service
of the violation order appealed from, and the appellant must serve
and file his notice of appeal within such time.
E.
The fee for filing a notice of appeal shall be set from time to time
by the Board of Trustees and must be paid to the Village Clerk with
service of the notice of appeal. The notice of appeal shall also be
served upon the Village Clerk and said service shall be deemed sufficient.
A.
The Board shall set a time and place for hearing the appeal, and
shall give the petitioner, the agency, and such other interested persons
as may have filed a written request to be heard written notice thereof
by mail at least 10 days prior thereto.
B.
The Board, at the hearing, shall grant the petitioner, the agency
or its representatives, and any interested persons the opportunity
to testify. The Board, in addition, may subpoena witnesses, records,
and such other information as may be relevant to the matter at issue.
C.
The Board may issue a subpoena requiring the attendance of a person
to give testimony, or a subpoena duces tecum requiring the production
of books, papers, and other things. A subpoena shall be served, and
attendance or production may be compelled as provided by law.
D.
The Board may conduct its hearings without regard to legal rules
of evidence.
A.
Upon a determination of an appeal by the Board, the violation shall
be corrected within the time limit provided for in the violation order,
unless such violation order is reversed by the Board, or the Board
changes or modifies such period of time within which to comply therewith.
B.
Decisions of the Board shall be in writing, and copies of the decision
shall be sent to the petitioner by the agency.
Rules and regulations of the Board as well as its actions and
decisions on matters that come before it for review shall be filed
and maintained at the office of the agency, and such records shall
be public records open to inspection during business hours.
[Added 8-27-2020 by L.L. No. 6-2020]
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgement shall not affect, impair, or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this article
or in its application to the person, individual, firm or corporation
or circumstance directly involved in the controversy in which such
judgement or order shall be rendered.
[Added 8-27-2020 by L.L. No. 6-2020]
This article shall take effect immediately upon filing with
the Secretary of State.
