[Adopted 10-7-2019 by L.L. No. 4-2019]
Following the issue of an order to remedy and noncompliance
therewith, the Director of the Department of Technical Services or
his or her designee may send a notice to the noncompliant property
owner providing that if the order is not complied with within 10 days
following a receipt of the notice, that the Town will engage contractors
to perform the work and that the cost of said work shall become a
lien against the property in the same manner as the Town taxes are
on an annual basis. The cost taxed to the property shall be the cost
of the cleanup plus an administrative fee of 20%.
Following the expiration date of the order to remedy as required
under the New York State Property Maintenance Law, the Director of
the Department of Technical Services or his or her designee shall
then serve by regular and certified mail, return receipt requested,
a notice giving the property owner 10 days within which to cure the
violation. Receipt of either the regular mailing or certified mail
by the property owner shall be deemed good and sufficient service.
Upon passage of the 10 days, the Director of the Department of Environmental
Services or his or her designee is authorized, in compliance with
other rules and regulations of the Town, to engage the services of
a contractor to clean the exterior of the premises and to bring it
into compliance with the New York State Property Maintenance Law.
Nothing herein shall be construed so as to enable any work to be performed
on the interior of a structure of any property within the Town.
Upon receipt of an order advising the property owner that the
Town will hire a contractor to clean or maintain the property and
bring it into compliance with the New York State Property Maintenance
Code, the property owner may either arrange to perform the work or
may file a letter with the Zoning Board of Appeals with the Town appealing
the decision of the Director of the Department of Technical Services
or his or her designee determining that the property is in violation
of the New York State Property Maintenance Code. The Zoning Board
shall process said appeal by giving notice to the Town and to the
property owner and causing a sign to be posted on said property indicating
that it is the subject of a hearing with respect to a violation of
the New York State Property Maintenance Code. Following the notice
to all parties, the Zoning Board of Appeals shall then make a determination
to either uphold the decision of the Director of the Department of
Technical Services or his or her designees or to vacate or modify
the decision with respect to a violation of the Property Maintenance
Code.
On an annual basis, the Town Board shall receive from the Town
Comptroller a list of all funds expended by the Town to remedy properties
that have been in violation of the New York State Property Maintenance
Code. Upon receipt of said list, the Town Board shall adopt a resolution
in each calendar year directing that the Receiver of Taxes add to
the Town tax bills of the respective parcels the total cost of cleanup
plus the appropriate administrative fee, as set forth herein. Once
received by the Tax Receiver, the said amount shall be collected by
her in the same manner by which Town taxes are collected. If unpaid
they shall become liens in the same manner as the Town tax bill. The
cost of the cleanup incurred shall be deemed to be an additional Town
tax levied upon said property.