[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-14-2009 by L.L. No. 47-2009[1]; amended in its entirety 9-14-2020 by L.L. No. 3-2020[2]]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
[2]
Editor's Note: This local law provided that it shall take
effect upon the filing thereof in the office of the Secretary of State,
but shall also take effect upon the date of service against a person
served personally with a copy thereof, certified by the Village clerk,
and showing the date of its adoption and entry in the minutes.
The Police and the Code Enforcement Officer or his designees
shall enforce the maintenance of residential and commercial property
within the Village as required under the New York State Property Maintenance
Code.
A.Â
The Police, the Code Enforcement Officer or his designees are hereby
authorized to issue a notice of violation of any of the provisions
of the New York State Property Maintenance Code for residential and
commercial property within the Village.
B.Â
Such notice of violation shall be in writing and shall be served
in accordance with § 308 of the Civil Practice Law and Rules,
or mailed by certified mail, to the last known address of the property
owner.
C.Â
In the event that the property owner fails to correct such violation
within 15 days of the service of such notice, the Village shall cause
the necessary maintenance to be performed and shall assess all costs
and expenses incurred against such property. Such assessment shall
be collected in the same manner that taxes are collected as provided
by law.
[Adopted 12-14-2009 by L.L. No. 47-2009[1]]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
A.Â
No owner or occupant of public or private property within the Village
shall place graffiti, or suffer or allow same to remain on such property.
Said owner or occupant shall remove such graffiti within seven days
from the receipt of a written notice of violation from the Village
to remove same. Said notice shall be served in accordance with § 308
of the Civil Practice Law and Rules or by certified mail, to the last
known address of such property owner or occupant.
[Amended 3-8-2010 by L.L. No. 2-2010]
B.Â
If the owner or occupant of privately owned property shall fail to
remove such graffiti within said period, the Village shall cause the
removal of said graffiti and shall assess all costs and expenses reasonably
incurred in connection therewith against such property. Said assessment
shall be a lien against such premises and shall be collected in the
same manner that taxes are collected as provided by law.
C.Â
If the owner or occupant of publicly owned property fails to remove
said graffiti within such period, the Village shall cause the removal
of such graffiti and the cost thereof shall be a charge against the
general fund of the Village.
D.Â
The right of the Village to remove graffiti shall be in addition to the penalties provided in § 1-9 of this Code, and the failure to remove such graffiti after receipt of a notice of violation therefor shall subject the violator to the penalties provided therein.
E.Â
For purposes of this section, "graffiti" shall be defined as provided
in the Penal Law of the State of New York; "public property" shall
mean real property owned by the state, county, town, school district,
Village or any other municipal or public benefit corporation; and
"private property" shall mean property owned by anyone else.