[HISTORY: Adopted by the Board of Trustees of the Village
of Phoenix 5-17-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Code Enforcement
- Appearance Ticket Law" of the Village of Phoenix.
It is hereby determined that more effective procedures will
assist in the enforcement of violations of the Village of Phoenix
Municipal Code, the New York State Multiple Residence Law, and other
state laws made applicable by and under the Village of Phoenix Municipal
Code. State law now permits a local law authorizing a public servant,
other than a police officer, to issue and serve appearance tickets
in certain cases. The interest of health and safety of the residents
of the Village of Phoenix are best served through additional alternative
enforcement procedures.
With respect to the laws contained or referred to in the Village
of Phoenix Municipal Code, the Code Enforcement Officer of the Village
of Phoenix, a public servant other than a police officer, is hereby
specially authorized by this chapter, enacted pursuant to the provisions
of the Municipal Home Rule Law, to issue and serve appearance tickets
with respect to all offenses defined by such laws of less than felony
grade, and he may in such cases issue and serve upon a person/persons
an appearance ticket when he has reasonable cause to believe that
such person/persons has committed a misdemeanor or has committed a
petty offense in his presence.
The enforcement officer shall utilize the appearance ticket to enforce such offenses whenever he deems it appropriate. The use of the appearance ticket to enforce violations is an additional and alternative remedy and may be utilized, notwithstanding any other provision of the Village of Phoenix Municipal Code Chapter 205, Zoning, or any other state laws as may be applicable.
A.
The Code Enforcement Officer shall have the authority to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law for any violation of Chapter 98, Fire Prevention and Building Code Administration, Chapter 99, Property Maintenance, and Chapter 205, Zoning, of the Village of Phoenix.
B.
The following shall apply upon the issuance of an appearance ticket:
(1)
An answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five days of the violation as provided in Subsection B(2) and (3) of this section in lieu of personal appearance at Justice Court on the return date at the time specified in said appearance ticket.
(2)
If a person charged with the violation admits to the violation as
charged in the appearance ticket, he may complete the form attached
to the appearance ticket and forward such form and appearance ticket.
The Town or Village Justice to whom the ticket has been referred shall
inform the violator as to the amount of the penalty for the violation
charged. A check or money order must then be submitted.
(3)
If the person charged with the violation denies part or all of the
violation as charged in the appearance ticket, he may complete the
form likewise prescribed for that purpose and forward such form and
appearance ticket, together with security in the amount as provided
in the Village Code, to the office specified on such appearance ticket.
Upon receipt, such answer shall be entered, and a new return date
established by said office. Such person shall be notified by return
mail of the date, time and place of such return date and the security
shall be returned upon appearance thereat. If a person shall fail
to appear at a return date, when such is provided for pursuant to
this section, the security posted to secure such appearance shall
be forfeited and a summons or a warrant of arrest may be issued pursuant
to the Criminal Procedure Law of the State of New York.
