[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 2-21-2005 by L.L. No. 1-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 23.
Numbering of buildings — See Ch. 27.
Unsafe buildings — See Ch. 29.
Fire prevention and building construction administration — See Ch. 48.
Flood damage prevention — See Ch. 51.
Garbage, rubbish and refuse — See Ch. 60.
Mobile homes and recreational vehicles — See Ch. 75.
Streets and sidewalks — See Ch. 111.
Abandoned vehicles — See Ch. 120.
Zoning — See Ch. 136.
This chapter shall be known as the "Village of Sylvan Beach Local Law
for the Administration and Enforcement of the Property Maintenance Code of
the State of New York" (hereinafter referred to as "Property Maintenance Code").
This chapter shall provide the method of administration and enforcement
of the Property Maintenance Code in the Village of Sylvan Beach, and shall
establish powers, duties and responsibilities in connection therewith.
The owner, occupant and/or operator of a building, structure, and/or
premises within the Village limits of the Village of Sylvan Beach shall maintain
the structures and exterior property in compliance with the requirements of
the Property Maintenance Code. An owner, occupant and/or operator shall not
occupy, operate and/or maintain, or permit another person to occupy, operate
and/or maintain, a building, structure and/or premises which is not in a sanitary
and safe condition and which does not comply with the requirements of the
Property Maintenance Code.
All structures, buildings and premises located within the Village of
Sylvan Beach are subject to inspection for compliance with the Property Maintenance
Code.
The definitions for the terms used in this chapter are set forth in
Chapter 2 of the Property Maintenance Code and are incorporated by reference
herein. In addition, the term "premises" as used herein shall include exterior
property and vacant land as defined in said Chapter 2 of the Property Maintenance
Code. If a term is not so defined, such term shall have ordinarily accepted
meanings such as the context implies, consistent with the purpose and intent
of this chapter.
A.
The Village Board shall establish by resolution, the
position of Code Enforcement Officer, to perform duties and functions in connection
with the administration and enforcement of the Property Maintenance Code within
the Village of Sylvan Beach, New York, as hereinafter provided. The position
of Code Enforcement Officer shall be filled by appointment of the Village
Board. The appointee shall possess background experience related to building
construction, fire prevention and property maintenance, and knowledge of the
applicable laws, rules and codes.
B.
In the absence of the Code Enforcement Officer, or in
the case of his or her inability to act for any reason, the Village Board
shall have the power to designate, by resolution, a person to act on his or
her behalf.
C.
The Village Board may also appoint one Assistant Code
Enforcement Officer or more, as needed, to act under the supervision and direction
of the Code Enforcement Officer, and to exercise any portion of the powers
and duties of the position that are conferred upon him or her by the Village
Board and/or the Code Enforcement Officer.
D.
The Code Enforcement Officer shall administer and enforce
all the provisions of the Property Maintenance Code and this chapter, including
but not necessarily limited to the following powers and duties:
(1)
Inspect buildings, structures and premises for compliance
with the Property Maintenance Code.
(2)
Investigate violations of the Property Maintenance Code.
(3)
Serve a written notice of violation upon the owner and/or
occupant of the building, structure or premises in the manner provided for
herein, setting forth his/her findings and the provision(s) of the Property
Maintenance Code found to be violated and recommendation(s) to correct or
remedy such violation(s), and providing for a reasonable period of time for
such violation(s) to be corrected or remedied.
(4)
Submit a copy of the notice of violation and a notice
of noncompliance to the Village Board, along with a copy of his/her recommendation
for bringing the building, structure and/or premises into compliance, if the
violation(s) is/are not corrected within the time specified in the notice
of violation.
(5)
Follow the directives and orders of the Village Board
for the enforcement of the Property Maintenance Code, upon a finding by the
Village Board that an owner, occupant and/or operator is/are in violation
thereof.
(6)
Deny and/or revoke building permit applications upon
finding that the building, structure and/or premises that is the subject of
the application is in violation of the Property Maintenance Code.
(7)
Maintain records of all investigations, inspections,
violations and noncompliance.
Upon receipt of the notice of violation and noncompliance of the Code
Enforcement Officer, the Village Board shall serve a copy of same upon the
owner, occupant and/or operator, along with a notice of his/her right to appear
and be heard before the Village Board on the findings and recommendation(s)
of the Code Enforcement Officer. Such notice of hearing shall also set forth
the remedies and penalties that may be imposed as a result of a finding by
the Village Board that the building, structure and/or premises is in violation
of the Property Maintenance Code.
After the close of the bearing provided for above, and upon the finding by the Village Board that the building, structure and/or premises is in violation of the Property Maintenance Code and/or this chapter and has not been brought into compliance within the time prescribed by the Code Enforcement Officer and/or the Village Board, the Village Board may issue an order providing for any one or all of the remedies and/or penalties as set forth in § 94-11.
Whenever service of a notice or order is required herein, same will
be deemed satisfied upon the personal delivery of a copy of same to the owner
and/or occupant and/or operator of a building, structure and/or premises or,
alternatively, by mailing a copy of such notice or order to the owner and/or
occupier and/or operator, by certified mail (return receipt requested) to
the address which appears in the Village tax records (whether or not such
mail is returned undelivered), along with the posting of a copy of such notice
or order on the building, structure and/or premises in a conspicuous location.
A.
Upon a finding by the Village Board that an owner, occupant
and/or operator of a building, structure and/or premises is in violation of
the Property Maintenance Code, the Village Board may issue an order directing
that remedial action be taken to bring the building, structure and/or premises
into compliance, and may assess the cost of such remedial action against the
land upon which such building, structure and/or premises is located, as a
municipal lien, or cause such costs to be added to the tax rolls as an assessment
or to be levied as a special tax against the land upon which such building,
structure and/or premises is located.
B.
In addition to the above, the Village Board may initiate
legal action in the name of the Village of Sylvan Beach, in any court of competent
jurisdiction, against an owner, occupant and/or operator of such building,
structure and/or premises, to compel compliance with or restrain by injunction
a violation of any provision of the Property Maintenance Code, or for a violation
of and/or noncompliance with an order issued by the Village Board.
C.
In cases where it reasonably appears that there is immediate
danger to the life, safety and/or welfare of any person unless a violation
of the Property Maintenance Code and/or this chapter is immediately abated,
remedied and/or cured, the Code Enforcement Officer shall report such facts
to the Village Board and the Village Board shall cause the immediate abatement,
remedy and/or cure of such violation. The costs of such emergency action by
the Village Board shall be collected in accordance with § 94-11A.
In addition to the remedies provided for above, failure to comply with
any provision of the Property Maintenance Code, this chapter, or an order
of the Village Board, is hereby declared to be an offense. For every violation
of any provision of the Property Maintenance Code and/or this chapter, the
owner, occupant and/or operator of the building, structure and/or premises
found to be violating same shall be subject to a fine not to exceed $250 per
day for each violation, or imprisonment for a term of not more than 15 days,
or both.
