Enforcement Officer. The provisions of this chapter shall be enforced by the Code Enforcement Officer and the Central Square Police Department, unless otherwise specified herein.
Inspections. The Code Enforcement Officer is hereby authorized and directed to make all inspections necessary to determine whether compliance with the provisions of this chapter exists. For the purpose of making such inspections, the Code Enforcement Officer is hereby authorized as permitted by law to enter, examine and survey at any reasonable times all premises. The owner or occupants of every premises, or the person in charge thereof, shall give the Code Enforcement Officer free access to such premises at all reasonable times for the purpose of such inspection, examination and survey. In the event that permission to enter any such premises for the purpose of inspection is denied, the Code Enforcement Officer may apply to the appropriate authority for a search warrant, except that a warrant shall not be required:
Every occupant of a premises shall give the owner thereof, or his agent or employee, access to any part of such premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
Enforcement procedure. Whenever the Code Enforcement Officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violation to the person, persons or entities responsible therefor under this chapter. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by certified mail, return receipt requested, to the last known address of the person or entity upon whom or which the same is served, as shown by the most recent Village assessment records, or a copy thereof handed to said person or persons, or a copy thereof left at the usual place of abode or office of said person or entities. The notice shall also state that unless the violation is abated, cured, prevented or desisted within 10 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation. The enforcement officer may extend the period for compliance with the requirements of this article in regard to the violation stated in the notice for a period in excess of the aforesaid 10 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the ten-day period, and in such cases the Code Enforcement Officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days.
Appearance before Board of Trustees. The notice of violation and order to remedy may specify a date and time of a hearing to be held before the Board of Trustees. If the hearing date and time is not specified in the notice of violation and order to remedy, then a subsequent notice may specify the date and time of a hearing to be held before the Board of Trustees. The date of the hearing, except in the event of an emergency, the hearing before the Board of Trustees specified on the notice of violation and order to remedy shall be at least seven days after the date of issuance of the notice of violation and order to remedy.
Hearing. At the hearing, the Board of Trustees may consider the violations cited in the notice of violation and may adopt a resolution and order that orders the owner to comply with the enforcement officer's order to remedy. The owner and/or his or her attorney or other representative may appear before the Board of Trustees for the opportunity to contest the enforcement officer's order before any further action is taken by the Village.
Appearance ticket. The Code Enforcement Officer is authorized to issue appearance tickets, against the person, persons, entity or entities so notified, in accordance with Article 150 of the Criminal Procedure Law, in the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the period as set forth in the notice, pursuant to the foregoing.
Emergency conditions. Whenever the Code Enforcement Officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of a notice as set forth in Subsection D above, reciting the existence of such emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this article to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the Code Enforcement Officer, any such person shall be afforded a hearing before the Mayor as soon as reasonably possible. After such hearing and decision by the Mayor as to the existence or nonexistence of the emergency condition, the Mayor may continue such order in effect or modify or withdraw it, subject to the issuance of an appearance ticket for violation thereof if such order is continued.
The Village Board, by resolution, after a public hearing specified in § 178-19, may cause any nuisance, hazard or litter as herein defined to be removed from any property within the Village of Central Square upon the failure of such owner, tenant or occupant to comply with the written notice aforementioned within the time limit. Said removal shall be performed by the Department of Public Works or other designee, including a private contractor. The Village Board shall ascertain the cost of such removal, and such cost shall be charged and assessed against the owner, tenant or occupant of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges.
The removal of any nuisance, hazard or litter by the Village of Central Square or its designee shall not operate to excuse such owner, tenant or occupant from properly maintaining his or its property as hereinabove set forth, and such owner, tenant or occupant shall, notwithstanding, be subject to the penalties provided for in this chapter.
If such removal work is to be performed by a private contractor, it shall be subject to the competitive bidding requirements for all public contracts contained in the laws of the State of New York.
Where the premises were subject to a previous proceeding under the provisions of this chapter relative to the same or a similar, related or resultant violation or condition within 180 days prior to the occurrence or recurrence of the violation or condition subject of the instant proceeding, then the Village may cause the violation to be abated or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days, and upon failure to do so, the condition may be abated pursuant to and subject to the provisions of this article. In addition, any other remedies set forth in other provisions of this chapter or under New York State law shall be available.
Nothing contained in this chapter shall prevent the Village from seeking judicial or equitable relief to abate violations of this chapter.
Any person or persons, association, firm or corporation who violates any provision of this chapter shall be guilty of a violation, punishable as follows:
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.
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.
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.
Each week in which the violation continues shall constitute a separate and additional violation and shall be punishable as such pursuant to this section.
The Code Enforcement Officer 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.