A.Â
The Code Enforcement Office is hereby authorized to issue to an owner
a notice of violation and order to remedy any condition or activity
found to exist in, on or about any building or property in violation
of the Uniform Code, the Energy Code or this chapter. The notice of
violation and order to remedy shall:
(1)Â
Be in writing;
(2)Â
Be dated and signed by a Code Enforcement Officer;
(3)Â
Specify the condition or activity that violates the Uniform Code,
the Energy Code or this chapter;
(4)Â
Specify the provision or provisions of the Uniform Code, the Energy
Code or this chapter which are violated by the specified condition
or activity;
(5)Â
Specify the period of time which the Code Enforcement Office deems
to be reasonably necessary for achieving compliance;
(6)Â
Direct that compliance be achieved within the specified period of
time;
(7)Â
State that corrective action may be taken by the Town if compliance
is not achieved within the specified period of time and that the cost
of such corrective action will be the responsibility of the owner
and may be added to the Town taxes, become a lien against the property;
and
B.Â
The Code Enforcement Office shall cause the notice of violation and
order to remedy, or a copy thereof, to be served on the owner of the
affected property personally or by first-class mail. Notice will be
deemed received upon personal delivery or three days in Monroe County
or five days outside Monroe County after service by first-class mail.
C.Â
Hearing on notice of violation and order to remedy. The owner so
served may request and shall be granted a hearing on the matter by
the Town Board, provided that such owner shall, within 48 hours after
service is complete, file in the Office of the Town Clerk a signed,
written notice of appeal, requesting a hearing and setting forth a
brief statement of the reasons therefor. Upon receipt of such notice
of appeal, the Town Clerk shall forthwith set a time and place for
such hearing and shall give the person appealing notice thereof. The
hearing shall be commenced not later than 20 days after the request
is made, provided that for good cause the Town Supervisor, or a designee
of the Town Supervisor, may postpone such hearing for a reasonable
time. The Town Board shall determine such appeals as promptly as practicable.
If, after the hearing, the Town Board finds that no violation exists
or that such unusual, extraordinary or undue hardship shall occur
as a result of strict adherence to the notice of violation and order
to remedy, it shall direct the Code Enforcement Office to withdraw
the notice of violation and order to remedy. If the Town Board finds
that a violation does exist, it shall affirm the contents of such
notice of violation and order to remedy and order compliance therewith,
within the time prescribed therein.
D.Â
Upon the failure, neglect or refusal of the owner so notified to
properly comply with a notice of violation and order to remedy within
the time prescribed therein, the Code Enforcement Office is hereby
authorized and empowered to correct any and all violations set forth
in the notice of violation and order to remedy, either by Town employees
or by contract.
E.Â
In a case where the Town has corrected any violation as a result
of the failure of the owner to do so, the owner shall pay to the Town
the costs thereof, within 20 days of service of a demand for payment
issued by the Code Enforcement Office. Such demand for payment shall
be served on the owner personally or by first-class mail and will
be deemed received upon personal delivery or three days in Monroe
County or five days outside Monroe County after service by first-class
mail.
F.Â
Upon the failure of the owner to pay the above costs, the costs shall
be deemed to be a civil penalty against the owner, personally. Such
costs, if unpaid, shall also be assessed against the property on which
such building is located and shall be levied and collected in the
same manner as provided in Article 15 of the Town Law for the levy
and collection of a special ad valorem levy. The civil penalties provided
by this subsection shall be recoverable in an action instituted in
the name of the Town. The provisions of this section with respect
to costs shall be in addition to any penalty imposed for violation
of or noncompliance with any provision of this chapter.
G.Â
Emergencies. If, in the judgment of the Code Enforcement Office, a public health or welfare emergency exists, the procedures required by Subsections A, B, C and of this section[1] shall not be required and the Code Enforcement Office shall immediately arrange to remedy such emergency situation with Town employees or by contract. The provisions of Subsections E and F of this section shall apply to such emergency cases.
[1]
Editor's Note: So in original.
The Code Enforcement Office and each Code Enforcement Officer
are authorized to issue appearance tickets for any violation of this
chapter, the Uniform Code or the Energy Code.
Any owner or operator who shall violate any provision of this
chapter shall be punishable by a fine of not more than $500. Each
day that a violation continues shall be deemed a separate offense.
In lieu of an appearance ticket and a criminal remedy, any owner
who violates any provision of the Uniform Code, the Energy Code or
this chapter shall be liable to pay a civil penalty of not more than
$500 for each day, or part thereof, during which such violation continues.
The civil penalties provided by this section shall be recoverable
in an action instituted in the name of the Town.
An action or proceeding may be instituted in the name of the
Town, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct or abate any violation of or to enforce any provision
of the Uniform Code, the Energy Code or this chapter. In particular,
but not by way of limitation, where a building or property is in violation
of any provision of the Uniform Code, the Energy Code or this chapter,
an action or proceeding may be commenced in the name of the Town,
in the Supreme Court or in any other court having the requisite jurisdiction,
to obtain an order directing the removal of the building or an abatement
of the condition in violation of such provision. No action or proceeding
described in this section shall be commenced without the appropriate
authorization from the Town Board.
No remedy or penalty specified in this article shall be the
exclusive remedy or remedy available to address any violation described
in this chapter, and each remedy or penalty specified in this article
shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified in this chapter or in
any other applicable law. Any remedy or penalty specified in this
article may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty. In particular,
but not by way of limitation, each remedy and penalty specified in
this article shall be in addition to, and not in substitution for
or limitation of, the penalties specified in Subdivision 2 of § 382
of New York State Executive Law, and any remedy or penalty specified
in this article may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penalty specified in Subdivision
2 of § 382 of New York State Executive Law.