[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport 7-10-2000 by L.L. No. 4-2000 (Ch. 10 of the 1968 Code). Amendments
noted where applicable.]
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:
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.
[1]Any tangible personal property or real property located in
the Village of Fairport.
The owner, occupant agent or operator in control of property.
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.
A.
Upon a determination that a provision of the Fairport
Village Code has been violated, the Code Enforcement Officer shall
issue a written notice of violation and order to remedy to the responsible
party, which notice shall set forth a description of the violation,
the provision of the Fairport Village Code violated, a time within
which the violation is to be remedied, and the penalties which may
result if full compliance is not accomplished within the time specified
in the notice and order to remedy. Said notice and order to remedy
shall be served by personal delivery, by first-class mail, certified
or registered mail. If the violation is not fully remedied within
the time specified in the notice of violation and order to remedy,
the Code Enforcement Officer is authorized to prosecute the violation;
provided, however, that the Code Enforcement Officer may extend the
compliance time if reasonable conditions exist which prevented compliance
with the time specified and where there is evidence of the responsible
person's intent to comply.
B.
Whenever the Code Enforcement Officer has determined that a condition exists which poses an immediate threat to life, health or safety, the Code Enforcement Officer may, without prior notice, issue a notice citing the violation and order that such action be taken, as is necessary to remove or abate the hazard or danger. Such notice may include an order to vacate, board up, fence off or demolish. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon personal service on the responsible person and/or posting on the property and shall be complied with immediately or as otherwise provided. Expenses incurred in the execution of such order shall be recovered as hereinafter provided in § 207-8 of this chapter.
C.
Entry into occupied buildings or structures for the
purpose of an inspection shall be permitted only when the Code Enforcement
Office has either:
(1)
Obtained the consent of the property owner or person
with a privacy right to the property; or
(2)
Obtained an appropriate search warrant; or
(3)
Acts in belief that there exists exigent circumstances
whereby immediate entry into the building or structure is required
to ensure the protection of life, safety or property or to preclude
the destruction of evidence.
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.
