Village of Highland Falls, NY Article XI Administration

§ 122-69 Administrative agency.

A. There shall be established by this Part 3 in the Village of Highland Falls an agency to administer and secure compliance with the applicable housing standards. Such agency is hereinafter referred to as the "agency."

B. The agency shall be under the direction and charge of a chief officer who shall have as his representatives such assistants and inspectors as may be necessary to carry out effectively the powers and duties of the agency.

C. All personnel of the agency shall be qualified and appointed by the Board of Trustees and shall be furnished with appropriate official badges or identification cards.

D. All personnel of the agency shall be free from personal liability for acts done in good faith in the performance of their official duties.

§ 122-70 Powers and duties.

A. The agency shall be charged with the duty of administering the applicable housing standards and securing compliance therewith and shall be empowered to adopt rules and regulations necessary for securing such compliance and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with the applicable housing standards and shall be approved by the Board of Trustees.

B. The agency shall be authorized to conduct surveys of housing in any area of the municipality to determine the condition of premises, extent of deterioration, lack of facilities, inadequate maintenance, unsafe and insanitary conditions, extent of overcrowding, land use and other relevant factors.

C. It shall be the duty of the chief officer to:

(1) Cause periodic inspections to be made, not less than once every five years, of all premises within the scope of applicable housing standards.

(2) Cause an investigation of all complaints of alleged housing violations or other unsafe or insanitary conditions.

(3) Order, in writing, the remedying of all conditions found to exist in or on any premises in violation of provisions of the housing standards or of rules and regulations adopted by the agency, to state in the violation order a reasonable time limit for compliance therewith and, where necessary, to order the vacating of premises found unfit for human habitation with the approval of the Board of Trustees.

(4) Request the chief legal officer of the municipality to take appropriate legal action in the name of the municipality upon failure of the responsible party to comply with such violation order within the time specified therein.

(5) Cause a search of the agency's records of housing violations existing on any premises and to issue a certified statement thereof upon receipt of written request and payment of any fees required by local law or ordinance.

(6) Study housing conditions in the municipality.

(7) Cooperate with other municipal, governmental and private agencies engaged in the study and improvement of housing conditions.

(8) Submit to the Board of Trustees an annual report of housing conditions in the municipality, accomplishments of the agency and recommendations for the future.

D. Where violations of the housing standards exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the chief officer may issue an order citing the violation and directing such action by such municipal agency as is necessary to remove or abate the immediate hazard or danger.

§ 122-71 Inspection.

A. Inspectors shall be authorized and have the right, in the performance of their duties, to enter any premises during normal business hours and in emergencies whenever necessary to protect the public interest.

B. Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to authorized agency personnel acting in the performance of their duties.

§ 122-72 Records.

The agency shall keep records of all complaints received, inspections made and violations found regarding premises regulated by the housing standards. Records shall be kept in a manner and form as prescribed by the Board of Trustees and shall be available for public inspection.

§ 122-73 Penalties for offenses.

[Amended 4-1-1998 by L.L. No. 1-1998; 8-1-2011 by L.L. No. 3-2011]

A. Penalties.

(1) Any person, including an owner, as defined herein, who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable:

(a) By a fine in an amount not less than $250 or by a term of imprisonment of not more than 15 days, or both, for a first violation;

(b) By a fine in an amount not less than $250 nor more than $700 or by a term of imprisonment of not more than 15 days, or both, for a second violation committed within a period of five years of the first violation; and

(c) By a fine in an amount not less than $700 nor more than $1,000 or by a term of imprisonment of not more than 15 days, or both, for a third and each subsequent violation committed within a period of five years of the first violation.

(2) Each day that a violation of or failure to comply with any provision of this chapter occurs shall constitute a separate and distinct violation.

B. Civil penalties.

(1) In addition to and not in lieu of the above, any person, including an owner, as defined herein, who violates any provision of this chapter shall be liable to the Village for a civil penalty in an amount not less than $250 for a first violation; in an amount not less than $250 nor more than $700 for a second violation committed within a period of five years of the first violation; and in an amount not less than $700 nor more than $1,000 for a third and each subsequent violation committed within a period of five years of the first violation. Each day’s continued violation shall constitute a separate and distinct violation.

(2) Civil penalties may be ordered in any action or proceeding by any court of competent jurisdiction, including, but not limited to, state and federal courts. All penalties shall be paid to the Village.

(3) The judgment amount of any civil penalty ordered pursuant to this section, if not paid, may be assessed and levied against the real property that is the subject of the penalty and may be collected in the same manner as a real property tax.

C. In addition to and not in lieu of the remedies authorized above, the Board of Trustees, the Building Inspector, or the Code Enforcement Officer may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or threatened violation of this chapter or to enforce any provision of this chapter.