This chapter shall be known and cited as the "Property Maintenance
Code of the Incorporated Village of Massapequa Park."
It is the intent and purpose of this chapter to provide for
and ensure the proper use of property and to prevent the unsafe, hazardous
or dangerous conditions upon property within the Village of Massapequa
Park; to provide basic and uniform standards governing the maintenance,
appearance and condition of all properties, whether improved or unimproved,
residential, commercial or otherwise. The Village finds that the presence
of blight upon properties, caused by factors, including, but not limited
to, foreclosures throughout the Village, is detrimental to the health,
safety and welfare of the Village. It is the intent, therefore, of
the Village that blight be identified, abated and eliminated and that
any and all conditions which pose a threat to the health and safety
of the public or to property within the Village of Massapequa Park
be eliminated. The Board of Trustees finds that upon the failure to
eliminate such conditions, the Village may cause to have said conditions
eliminated and assess the cost thereof against the owners, occupants
or other persons as set forth in this chapter.
It shall be a violation of this chapter for any person, owner
or occupant to create, cause, maintain or cause to, or permit to,
continue or to fail to abate, correct or remove any condition that
is prohibited by this chapter. For purposes of this chapter, "any
person" shall include the owner, occupant, tenant, mortgagee or vendee
in possession, mortgagee when the owner or occupant has caused or
allowed the property to deteriorate or otherwise fall into a state
of disrepair or blight, a mortgagee who has commenced the foreclosure
process, the operator, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm, or corporation directly or
indirectly in control of property or part thereof.
Any person or persons, association, firm or corporation who
violates any provision of this chapter shall be guilty of a violation,
punishable as follows:
A. For conviction of a first offense, by a fine of not less than $250
and not more than $1,000 or by imprisonment not exceeding five days,
or by both.
B. For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$1,000 and not more than $2,500 or by imprisonment not exceeding 10
days, or by both.
C. For conviction of a third or subsequent offense of a series of offenses,
all of which were committed within a period of five years, by a fine
of not less than $2,500 and not more than $10,000 or by imprisonment
not exceeding 15 days, or by both.
D. Each week in which the violation continues shall constitute a separate
and additional violation and shall be punishable as such pursuant
to this section.
E. The Building Inspector is authorized and directed to institute any
and all actions and proceedings necessary to enforce this chapter.
The Village Attorney is also authorized to seek damages and any civil
penalties in any civil action, and such penalties shall be in addition
to and not in lieu of any criminal prosecution or other penalties.
In addition to the remedies set forth in this chapter, the Village
of Massapequa Park reserves the right to pursue any and all remedies
available, including, but not limited to, those set forth in Articles
13 and 19-A of the Real Property Actions and Proceedings Law, and
the Building Inspector is hereby authorized to take any and all action
specified thereunder.
Whenever the Building Inspector determines that an emergency exists which requires immediate action to protect the public health, safety and welfare, he may issue an order, in writing, to the owner, agent or occupant reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any party to whom such order is directed shall comply therewith immediately. If such party does not respond within a reasonable time to address the emergency, then the Building Inspector shall have the power to abate, correct or remove the emergency, and any expenses, including any legal expenses, incurred by the Village of Massapequa Park shall be borne by the owner, occupant, or other parties responsible as defined in §
254-4.
The requirements and standards set forth in the Property Maintenance
Code of the State of New York, 2012, and all revisions and amendments
thereto shall be controlling in the Incorporated Village of Massapequa
Park. Where permitted by the Property Maintenance Code of the State
of New York, it is the intent of the Board of Trustees to implement
greater minimum standards within the Village of Massapequa Park.
If any section, paragraph, subsection or provision of this chapter
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this chapter as a whole or any part or
provision thereof other than the part so decided to be invalid or
unconstitutional.
The provisions of this chapter shall take effect immediately.