(A) The Code Enforcement Officer or other officer duly authorized by the Village Board of Trustees shall be authorized to ensure compliance with this chapter.
(B) Such authorized person acting as Code Enforcement Officer, upon proper notification and with sufficient cause, shall be authorized, upon probable cause, to enter a structure or premises at reasonable times to inspect for a violation of this chapter. Prior to entering into a space not otherwise open to the general public, the Code Enforcement Officer shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry for inspection. If requested entry is refused or not obtained, the Code Enforcement Officer shall pursue other recourse for authorized inspection as provided by law.
(C) Notice of violation.
(1) Under circumstances where the Code Enforcement Officer determines that there have been one or more violations of this chapter and there are sufficient grounds to believe that a violation has occurred, notification shall be provided to the owner and to any occupant person or persons alleged to be responsible. The notice shall:
(a) Be in writing;
(b) Include a description of the property sufficient for identification;
(c) Include a statement of the conditions and reason or reasons upon which the notice is being issued, with a specification of the provision, rule, regulation, or statutory requirement(s) alleged to be violated; and
(d) Include a description of the requirements to remedy the alleged violation(s), specifying the repairs, improvements, or other actions necessary to bring the structure and/or premises into compliance with the provisions of this chapter, and a reasonable deadline within which to accomplish satisfactory compliance.
(2) Such written notification shall be deemed to be properly served when a copy is either delivered to the owner personally or, in the absence of personal service, sent by certified mail in a postpaid, sealed envelope addressed to the owner at the owner’s address of record. Under circumstances where the certified mailing is returned as refused or it is determined to be undeliverable to the indicated addressee, a copy of the notification shall be posted in a conspicuous place in or about the structure or premises affected by the notice. Where service of process cannot reasonably be peacefully accomplished in any manner provided herein, the Code Enforcement Official shall be authorized to effectuate service of process of the notification through use of any uniformed law enforcement person in any manner permitted by the New York State Civil Practice Laws and Rules. Service of the specified notice in any of the foregoing methods upon the owner, the owner’s agent, upon an occupant or upon any person responsible for the structure or premises shall constitute satisfactory service of notification of violation upon the owner.
(D) In addition to such sanctions or penalties prescribed by state law for violations of the New York State Uniform Fire Prevention and Building Code, or for violations of any other provisions of this code or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the village pursuant to any provision of this code or this chapter, any violations of this chapter shall provide for a sanction to be imposed by a court of competent jurisdiction by any of the following civil remedies or any combination thereof:
(1) A civil monetary penalty in an amount up to $1,000 per violation for each day or part thereof in which the violation or violations continue; and/or
(2) Such order by a court of competent jurisdiction requiring a violator to remedy or remediate such violation(s) within a court-designated period of time to bring the property into compliance.
(E) Each day that a violation of this chapter continues after due notice has been served shall be deemed a separate offense and the alleged circumstances shall be considered a continuing violation until the violation is corrected, and the violator shall be subject to any of the above civil remedies, or any combination thereof, for each day that the property, structure or premises remains in violation.
(F) In the event that any owner fails to comply in a timely manner with any order of the Code Enforcement Officer requiring remediation of the alleged violation, in addition to any remedy to which the village may otherwise be entitled to by the provisions of this chapter, the village shall be authorized to engage the services of a private contractor to perform whatever actions are necessary to bring the structure or premises into compliance with the provisions of this chapter . Prior to engaging a private contractor, the Code Enforcement Officer shall provide written notice to the owner advising of the Code Enforcement Officer’s intent to engage a private contractor for that purpose.
(G) The owner shall have a period of ten days from the date of the mailing of the notice to either arrange to perform the required work or actions to bring the structure or premises into compliance, or, in the alternative, the owner shall be afforded an opportunity to file an appeal letter with the Village Clerk, appealing the decision of the Code Enforcement Officer. The Village Board of Trustees shall process the appeal by giving written acknowledgment to the property owner and written notification to all property owners within 500 feet of the subject premises concerning the appeal.
(H) The Village Board of Trustees shall forthwith schedule a public hearing within 60 days of receipt of the owner’s appeal for the purpose of considering whether to either uphold the decision of the Code Enforcement Officer, or to vacate or modify the decision of the Code Enforcement Officer with respect to the alleged violation of this chapter and requirements imposed to remedy the alleged violation. At the public hearing, the owner shall be entitled to be represented by legal counsel, the owner shall be entitled to a full due process hearing on the appeal. The Village Board of Trustees shall consider all aspects of the alleged violation and orders to remedy, and members of the public shall also be afforded an opportunity to be heard on the matter. Within ten days after the conclusion of the hearing on appeal, the Village Board of Trustees shall render a written decision. The owner/appellant shall thereafter fully comply with the Village Board of Trustees’ decision or may appeal the village’s “final determination” as provided in state statute.
(I) Under such circumstances where the village incurs costs and expenses in order to bring an alleged violator or their structure or premises into compliance with this chapter, the village shall have the authority to assess all expended costs and disbursements incurred against the property and to recover same as a civil judgment against the owner(s) or occupant(s) found to be in violation hereof. The assessment of costs and disbursements, which shall be considered in addition to any civil monetary penalty or sanction imposed by a court of competent jurisdiction, shall be collected in the same manner as a civil judgment, may be added to the premises’ real property taxes, and may be collected as provided by law.
(J) Nothing contained in this chapter shall prevent the village from seeking judicial or equitable relief from a court of competent jurisdiction to abate violations of this chapter. No remedy or penalty specified in this chapter shall be considered an exclusive remedy. The village shall have available all methods or remedy available in law or equity to address any violation described in this chapter. Each remedy or penalty specified herein shall be in addition to, and not in substitution or limitation of, any other remedies or civil penalties specified in this chapter or in any other applicable law.
(Ord. 3-2022, passed 11-28-2022)