[Adopted 9-13-2006 by L.L. No. 35-2006]
Violations of the Babylon Town Code are a public nuisance and affect the public's safety, health and welfare and should be remedied to provide for the public good. The presence of motor vehicles, boats, trailers, containers, partly constructed structures, and other objects on vacant land or on a premises being unlawfully used is a blight on the community, threatens the health, safety and welfare of the community and poses an attractive nuisance for young children, who may be injured thereon. These types of violations degrade neighborhoods, affect property values, interfere with the quiet use and enjoyment of the neighboring properties and seriously affect the aesthetics of the community.
A Town officer or inspector shall cause or make an inspection and report in writing to the Town Board his or her findings and recommendations in regard to the removal or demolition of said violations.
The notice shall contain the following:
The provision of the Code which is the subject of the violation.
A statement of the violation.
An order outlining the required remedy to the violations.
A statement that the violation must be remedied within 48 hours of the posting of the notice, although, for good cause shown, such time may be extended or shortened if necessary to protect the life, safety or health of any person or property.
A statement that in the event of neglect, failure to act or refusal to comply with the order, the Town Board may authorize the remediation of the violation and assess the costs and expenses of said remediation against the land which is the subject of the violation.
Said notice shall also specify a time and place for a hearing before the Town Board to determine whether or not remedial action is necessary and to authorize the same.
The Town Board shall, upon reviewing all relevant evidence and after the hearing required herein, determine, if warranted, that such violation is a nuisance or a danger to the safety, health or general welfare of persons in the Town of Babylon and order its remediation.
Upon a resolution of the Town Board, the Town may enter onto the premises and remedy the violation and charge the expenses of such entry and remedial actions in the same manner as provided in Article 15 of the Town Law for collection and removal as a special ad valorem levy.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless said violation is remedied immediately, the Town Board may, by resolution, authorize the remediation of the violation without prior notice to the owner of the property. There shall be notice to the owner as soon thereafter as possible to inform the owner of said actions. The expenses of such remediation shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Article 15 of the Town Law for the collection and removal as a special ad valorem levy.
Any person who shall fail or refuse to obey an order of the Board to remedy a violation pursuant to this article, shall be guilty of a Class A misdemeanor punishable by a fine of not less than $1,000 nor more than $2,500 which must be imposed and a term of imprisonment for a period not to exceed one year which may be imposed, or both, for a first offense; a fine of not less than $2,500 nor more than $5,000 which must be imposed and a term of imprisonment for a period not to exceed one year which may be imposed, or both, for a second offense within five years of a conviction; and a fine of not less than $5,000 nor more than $7,500 which must be imposed and a term of imprisonment for a period not to exceed one year, or both, for a third offense within five years of the first conviction. The mandatory minimum fine must be imposed, and there shall be no discretion in imposing the mandatory minimum fine, and each day that such violation continues shall constitute a separate offense hereunder.