[HISTORY: Adopted by the Town Board of the Town of Bedford 12-1-2015 by L.L. No. 14-2015. Amendments noted where applicable.]
The existence of unsanitary or deteriorating building and property
conditions can endanger the well-being of the public, jeopardize the
security of private property, and adversely affect the value of surrounding
buildings and properties. It is the purpose of this chapter to provide
basic and uniform standards governing the maintenance, appearance
and condition of all buildings and properties within the Town to promote
the economic well-being of the Town and ensure the health, safety
and welfare of its residents.
A.
It is the responsibility of every owner, occupant or tenant to keep
their property in a well maintained and sanitary appearance and condition
so as not to adversely affect the value and condition of surrounding
properties and the neighborhood.
B.
It shall be unlawful for the owner, tenant, or occupant of any property
to maintain any of the following conditions on their property:
(1)
Attractive nuisances, including, but not limited to, abandoned, broken
or neglected structures, equipment, excavations, wells or shafts.
(2)
Litter and debris.
(3)
Overgrown and unsightly conditions resulting from overgrown grass
or vegetation on established lawns.
(4)
Inoperative or unlicensed motor vehicles parked, kept, or stored
on any property or motor vehicles in disrepair, or in the process
of being stripped or dismantled.
(6)
Broken or exposed electrical wires or electrical equipment.
(7)
Unfinished or abandoned construction which has not been issued a
current valid building permit.
(9)
Unresolved fire damage.
(10)
Presence of vermin, rodent harborage or infestation.
(11)
Otherwise failing to be in compliance with any other provision of
the Codes of the Town of Bedford or Property Maintenance Code of the
State of New York.
Any owner or occupant who violates any provisions of the Property
Maintenance Code of the State of New York or this chapter shall be
subject to a penalty of up to $200 for each day during which such
violation continues.
Pursuant to the authority provided in Sections 106 and 301 of
the Property Maintenance Code of the State of New York, the following
compliance procedures are established:
A.
If an owner or occupant of such property fails to maintain property
in accordance with the provisions of Property Maintenance Code or
this chapter, the Building Inspector shall serve upon such owner or
occupant by certified mail, return receipt requested, and by ordinary
mail at the owner's or occupant's last-known address, a
written notice of violation and an order to correct such violation
within 30 days.
B.
If an owner or occupant fails, neglects, or refuses to comply with the notice of violation within 30 days of service of the notice of violation as set forth in Subsection A above, the Building Inspector shall report in writing to the Town Board his findings and recommendations in regard to the correction of such violation. Thereafter, the Town Board shall hold a public hearing in regard to the violation. The public hearing shall be held upon notice served upon the owners, occupants, or other persons having an interest in the premises as shown on the Town tax records or on the records of the Westchester County Clerk's office. The notice shall be mailed to such person by certified mail, return reeipt requested, and by ordinary mail at the last known address as shown on the Town of Bedford tax records, advising such property owner or occupant of their right to attend the public hearing before the Town Board to contest such violation.
C.
If after the public hearing the owner or occupant fails to correct
or remove such violation within 10 days of the public hearing, the
Town may correct or remove the violation. All costs and expenses incurred
by the Town in connection with this chapter, including all penalties,
shall be charged against the owner of the property. An itemized memorandum
of the costs and expenses incurred by the Town shall be mailed to
the persons charged with the violation by certified mail, return receipt
requested. The owner or occupant shall pay to the Town all costs and
expenses incurred by the Town in curing such violation and all penalties
associated with the violation within 30 days of the receipt of the
itemized memorandum of costs.
D.
In the event that the amount due to the Town by the owner or occupant
is not paid within 30 days following the mailing of the charges such
costs shall become and be a lien upon the property that was the subject
of the violation and shall be added to and become part of the property
taxes to be assessed and levied upon such property by the Town and
shall bear interest at the same rate as and be collected and enforced
in the same manner as unpaid taxes.
In addition to the remedies set forth in this chapter, the Town
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
New York State Real Property Actions and Proceedings Law, and the
Building Inspector is authorized to take any and all action specified
in these articles.
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 action authorized under this chapter is taken immediately,
then the Building Inspector shall have the power to abate, correct
or remove the emergency, and any costs and expenses incurred by the
Town abating, correcting or removing the emergency shall be charged
to the owner of the property at issue. In the event that the amount
due to the Town by the owner is not paid within 30 following notification
by the Town, the costs and expenses shall become and be a lien upon
the property involved and shall be added to and become part of the
property taxes next to be assessed and levied upon such property by
the Town and shall bear interest at the same rate as and be collected
and enforced in the same manner as taxes.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in this operation
to the clause, sentence, paragraph, section or part thereof directly
involved in a litigation in which said judgment shall have been rendered.
This chapter shall be effective immediately upon filing with
the Secretary of State.
