Any owner or person who is aggrieved with the ruling or decision of the Enforcement Officer in any matter relative to the interpretation or enforcement of any of the provisions of this chapter may appeal the decision or interpretation to a Board of Appeals.
A. 
Filing. This appeal shall be filed with the appropriate authority, in writing, within 10 days of the date of the rendition of the decision or interpretation.
B. 
Appeals Board.
(1) 
There is hereby established a Housing Board of Appeals, which shall consist of five members to be appointed by the Board of Trustees of the Village of Dobbs Ferry. In making these appointments, the Board of Trustees shall endeavor to keep the membership balanced between owners and occupants of housing and professionals involved in fields pertaining to housing. The terms of the members shall be staggered so that one or two tenures expire each year.
(2) 
The Board shall be empowered to charge and collect reasonable fees and to make rules and regulations governing the appeals process. It shall hear all appeals relative to the enforcement of this chapter. The Board, in addition, may subpoena witnesses, records and such other information as may be relevant to the matter at issue, administer oaths, compel testimony, prescribe penalties and make orders necessary to ensure compliance, as well as retain a formal hearing officer and make findings of fact and conclusions regarding any investigation. The Board may conduct its hearings without regard to legal rules of evidence.
C. 
Decisions. Upon a determination of an appeal by the Board, the violation shall be corrected within the time limit provided for in the violation notice, unless such violation notice is reversed by the Board or the Board changes or modifies such period of time within which to comply.
D. 
Records. Rules and regulations of the Board as well as its actions and decisions on matters that come before it for review shall be filed with and maintained by the Department and shall be public records.
A. 
A person who violates any requirement of this chapter or any order of the Department or Board of Appeals shall be subject to a cumulative civil penalty of $25 per day for each separate violation from the date set for correction in the notice of violation until the violation is corrected. This penalty shall be paid forthwith by the violator. If such payment is not immediately made, it may be collected by the Department by action against the owner or his agent. A civil suit to collect said penalty may be commenced in any court of competent jurisdiction.
[Amended 7-16-1985 by L.L. No. 4-1985]
B. 
The Department may bring a civil suit in any court having jurisdiction of the amount claimed for the recovery of civil penalties, together with costs and disbursements. If the court finds, upon a showing by the defendant, that sufficient mitigating circumstances exist, it may remit all or part of the accumulated civil penalties arising from the violation with respect to which such a showing was made.
C. 
When the Department obtains a judgment in an action under this chapter against either an owner or his agent, in addition to the appropriate methods of enforcement for judgments established in the Civil Practice Law and Rules, such judgment for penalties shall constitute a lien and shall be filed within one year from the entry of judgment and may be enforced against the premises and upon the rents and compensation due or then maturing for any rents or compensation without further proceedings.
A. 
Any person who willfully or recklessly violates any provision of this chapter or fails to comply with any requirement of an order of the Department or of the Board of Appeals, or makes or causes any other person to make any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this chapter, or any other action by the Department pursuant to this chapter, shall be punished as provided in Chapter 1, General Provisions, Article I.
[Amended 10-2-1984 by L.L. No. 6-1984]
B. 
To support a finding of willful violation, evidence that the defendant had knowledge or notice of the violation and failed to correct the same for more than 120 days shall be sufficient. This shall not, however, limit the introduction of other evidence or the finding of willful violation on other grounds.
C. 
A person commits a willful violation when that person's action or failure to act results in a condition constituting a violation of this chapter which will or is likely to endanger the life, health or safety of another person.
In addition to or in lieu of the civil and criminal penalties provided herein, any person may be prevented from violating the provisions of this chapter by the Department seeking injunctive relief in the manner provided by law.