This chapter shall be entitled "Code Enforcement
Procedures Law."
The purpose of this chapter is to provide comprehensive
and uniform procedures for the enforcement of local laws of the Village
of Fairport by its officers and officials.
As used in this chapter the following terms
shall have the following meanings:
CODE ENFORCEMENT OFFICER
A public official or officials who shall be appointed by
the Mayor with the approval of the Board of Trustees for the purpose
of enforcing the Fairport Village Code, including but not limited
to the Animal Control Officer, Building Inspector, police officers,
Village Administrator, Zoning Officer and Fire Marshal.
PROPERTY
Any tangible personal property or real property located in
the Village of Fairport.
This chapter shall apply only to the enforcement
of all laws of the Village of Fairport for which a violation thereof
is of a continuing nature and one which can be abated by compliance.
It shall not apply to laws of the Village of Fairport regulating or
otherwise dealing with firearms, parking, vehicles and traffic.
Prosecution of violations of the Fairport Village
Code may be by criminal process as a criminal violation, or by civil
process for civil penalties, damages and/or for equitable relief.
If a violation is prosecuted criminally, the procedure for prosecuting
that violation shall be governed by the applicable provisions of the
Criminal Procedure Law of the State of New York. If a violation is
prosecuted for civil penalties, damages and/or for equitable relief
the procedure for prosecuting that violation shall be governed by
the applicable provisions of the Civil Practice Law and Rules of the
State of New York.
The Fairport Code Enforcement Officer is authorized
to issue an appearance ticket for any violation of the Fairport Village
Code.
Whenever a notice and order to remedy has been
served upon a responsible person of property where a violation is
deemed to exist, and such responsible person fails to comply with
the requirements of such notice and order to remedy within the time
specified therein, the Village Administrator may, with the approval
of the Village Board, authorize the work to be done to remedy such
violation and pay the cost thereof out of general village funds. The
Village shall be reimbursed by the responsible person for the cost
of the work performed or services rendered by direction of the Village
Administrator as hereinabove provided and, if payment in full is not
made within the time specified by the Village Administrator, then
by assessment and levy upon the property wherein such work was performed
or such services rendered, and the expense so assessed shall constitute
a lien and charge on the real property of which the property was a
part until paid or otherwise satisfied or discharged and shall be
collected in the same manner and at the same time as other Village
charges. Any such cost or charge shall be in addition to any fine,
money damages or civil penalty which may be imposed as a result of
said violation.
This chapter shall supplant and supersede any
provision of law in the Fairport Village Code which is in conflict
with or is inconsistent with this chapter, unless expressly otherwise
provided in such other law.