A.
It is the purpose and intent of the Town Council to establish
administrative procedures for obtaining prompt compliance in the correction
of both major and minor violations of the New Windsor Town Code.
B.
The procedures established in and through this chapter
may cross reference, consolidate or incorporate by reference, as applicable,
enforcement methods established elsewhere in the Town Code, in order to create
a uniform process for prompt Code compliance, administrative due process and
effective enforcement.
C.
The Town Manager and the Town Attorney are each authorized
to utilize and initiate the procedures established in this chapter and in
the Town Code. Nothing in this chapter shall be construed to limit or constrain
in any way the powers of any sworn law enforcement officer to enforce any
criminal violations of local, county or state law.
D.
The procedures in this chapter may be used as a supplement
to criminal or judicial enforcement action, or both, or in lieu thereof. Selection
of one method shall not preclude the use of any other method or combination
of methods when appropriate.
A.
Violations of the Town Code including those affecting
uses of or conditions upon real property may be corrected through the issuance
of a notice of violation to the owner of said property. The notice shall specify
any required actions necessary to come into compliance with the Town Code.
The owner will be allowed a reasonable period of time in which to correct
the violation. In violations pertaining to real property, the owner(s) of
the property shall be considered the owner. The time to respond is normally
determined by the chapter of the Town Code that governs the violation. Absent
a specific statutory time period, the time to respond shall not be less than
10 calendar days. Failure to comply within the time prescribed can result
in the issuance of a municipal citation in accordance with the Town Code or
any other method or combination of methods deemed appropriate. The Town Manager
and Town Attorney shall have the discretionary authority to extend the time
to respond or the time to correct a violation for good cause.
B.
A municipal citation is a notice to the owner which mandates
the corrective action and establishes a fine as a penalty for the prior noncompliance
of the notice of violation. Subsequent citations may be issued with increased
penalty. Corrective action that may be required of an owner includes, but
is not limited to, the removal of encroachments into public property, the
mitigation or restoration of land or adjoining property, the removal or modification
of blockages of ways and the removal of structures to rectify any code violation
or the abatement of any hazardous condition. Corrective action also may include
any other process necessary for abatement of a violation. In addition, the
owner can be made subject to an order of abatement through which the corrective
work will be undertaken by the Town and the cost will be imposed as a lien
against the property if the owner fails to respond and fully correct the violation,
and to adequately correct the violation.
C.
Each day a violation exists is a continuing and additional
violation, and all remedies, penalties and assessments are cumulative.
D.
In addition to a notice of violation, a cease and desist
order can be issued to one or more owners or other persons who perform work
in violation of a permit or without a required permit. Violation of the cease
and desist order is a separate violation. An owner or any person on scene
actively conducting the violation under the direction of an owner is subject
to arrest without a warrant for continuing work in violation of the cease
and desist order, as well as for the actions constituting the original violation.
An owner can be required to obtain necessary permits, restore the property,
or both, and correct or mitigate the consequences of the violation. Municipal
citations can also be issued assessing administrative fines for both the original
and the continued violation.
E.
If the owner fails or refuses to correct the violation,
proceedings may be undertaken to abate any existing or resulting nuisance.
Abatement orders authorize a municipal employee or authorized private contractor
to enter upon property and correct the violation or condition, or the removal
of encroachment upon public property. Enforcement costs may be imposed against
the owner and noncomplying property.
F.
During the inspection and enforcement process, cost recovery
can be imposed for the cost of all re-inspections and the costs of Town services
to abate a violation. These costs may be recorded as a lien against the property
following the procedures under this chapter or the waiver thereof by the owner.
G.
Various steps or procedures under this chapter may require
notice and a hearing. When appropriate, notice and hearing requirements for
separate administrative actions may be consolidated.
