[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:
A.
The provision of the Code which is the subject of
the violation.
B.
A statement of the violation.
C.
An order outlining the required remedy to the violations.
D.
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.
E.
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.
F.
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.
[Amended 4-27-2022 by L.L. No. 10-2022]
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 committed within five years of the first offense;
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 or subsequent offense committed within
five years of the first offense. 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. Any person found by the Bureau of Administrative
Adjudication to have failed to obey an order of the Board to remedy
a violation pursuant to this article shall likewise be subject to
a monetary penalty in an amount within the range of fines authorized
herein for a first offense and subsequent offenses.
