[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook 5-13-1998 by L.L. No. 3-1998 (Ch. 72 of the 1978 Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Property and vacant buildings may become a nuisance by reason of improper maintenance following damage by fire, the elements, age, general deterioration or neglect. Property and vacant structures shall be maintained in conformity with the provisions of this chapter so as to establish reasonable safeguards for the safety, health and welfare of the general public. This chapter shall apply to property and vacant structures in addition to the property maintenance requirements found in Chapter 46, Bushes, Shrubs and Trees, of the Village Code.
As used in this chapter, the following terms shall have the meanings indicated:
VACANT STRUCTURE
Any building, structure or portion thereof designed or used for residential or commercial purposes which has been unoccupied or unused for a period of 60 days or longer. Specifically excluded are all agricultural structures, such as barns and storage sheds.
Owners of property must keep their premises clear of combustible waste, refuse and large quantities of dry vegetation which, by reason of their proximity to buildings or structures, would constitute a fire hazard or contribute to the spread of fire.
The owner shall keep all and every part of any vacant structure in attractive condition and good repair, including but not limited to the following:
A. 
Exterior surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.
B. 
Buildings and structures shall be secured at all doorways, windows and other openings.
C. 
Buildings and structures shall be maintained free of vermin and rodents and the grounds maintained free of overgrown grass, foliage or noxious weeds.
D. 
Damage caused to the exterior of any structure by fire, explosion or natural disaster shall be repaired within six months of the date when such damage is sustained.
E. 
The provisions of this section are in addition to the requirements for vacant structures set forth in Section 311 of the Fire Code of the State of New York.
[Added 9-10-2003 by L.L. No. 2-2003]
A. 
The Code Enforcement Officer of the Village of Kinderhook shall be charged with the duty of administering and enforcing this chapter.
B. 
It shall be the duty of the Code Enforcement Officer to issue a notice of violation or to order, in writing, the correction of all conditions found to exist in or on any premises which violate the provisions of this chapter.
A. 
Any person upon conviction of a violation of this chapter shall be fined a sum of money of not less than $100 nor more than $500 for the first offense and not less than $1,000 for the second or any subsequent offense within a twelve-month period. In addition, such person shall be subject to an injunction prohibiting and otherwise preventing any further violations.
B. 
The term "person" shall include the owner, tenant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, sublessee, agent or any other person, firm or corporation directly or indirectly in control of any premises, building or part thereof.
A. 
A notice of violation issued by the Code Enforcement Officer relative to a premises shall be served either personally upon the person or by posting the violation notice in a conspicuous place upon the premises affected. In addition, a copy of said posted notice shall be sent by certified mail to the person to whom it is directed and the owner of the property as shown on Village records.
B. 
A notice of violation shall state that unless, within five days from service of notice, a written request is made for a hearing before the Code Enforcement Officer, such notice shall, at the expiration of such five-day period, be deemed an order to cease and desist from and to abate the described violation. Such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation. The notice shall also contain an outline of remedial action which, if taken, will effect compliance with this chapter.
C. 
Any party aggrieved by the decision of the Code Enforcement Officer may within five days appeal said decision to the Zoning Board of Appeals of the Village of Kinderhook by filing the appropriate form.
When the Code Enforcement Officer finds that an emergency exists which requires immediate attention to protect the public health or safety, the Officer may, without notice or hearing, after notice to the Village Mayor, issue an order reciting the existence of such emergency and requiring that such action be taken as the Officer deems necessary to address the emergency. Notwithstanding any other provisions of the chapter, such order shall take effect immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Zoning Board of Appeals or Village Justice, shall be afforded a hearing as soon as possible. After such hearing, the Zoning Board of Appeals or Village Justice shall continue such order in effect or shall modify or rescind it.
A. 
Upon the failure, neglect or refusal of any owner, person or agent so notified to properly comply with this chapter within 20 days after the service of notice as provided herein, the Code Enforcement Officer is hereby authorized and empowered to pay for the correction of such violation, subject to the approval of the Village Board.
B. 
When the Village has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to such owner by the Village, and such charge shall become due and payable by said owner or person at the time of the rendering of such bill.
C. 
In the event that the amount owed is not paid within 20 days upon presentation to the owner, the costs incurred by the Village, plus interest, shall constitute a lien on the property and be added to the next property tax bill.