A.
Whenever, in the opinion of the Building Inspector and after proper
investigation, there appears to exist a violation of any provision
of this chapter or of any rule or regulation pursuant thereto, said
officer shall serve a written notice of violation upon the appropriate
person responsible for such alleged violation.
B.
Such notice of violation shall include the following:
The specified date of compliance may be extended if, in the
opinion of the Building Inspector, there is reasonable evidence of
intent to comply and if unusual conditions prevent compliance by said
specified date.
Upon reinspection following the date of compliance as specified
in the notice of violation, if the violation has been remedied or
removed and there is no longer a violation of this chapter or any
rules and regulations pursuant thereto, then the Building Inspector
shall issue a certificate of compliance.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing and shall be filed with the Building Inspector, who shall
properly record such complaint and report thereon to the Board of
Appeals.
A.
If a violation exists, in the opinion of the Building Inspector,
which requires immediate remedial action to remove a direct hazard
or imminent danger to persons or property, said officer may take action
on his own initiative to abate the hazard or danger. Any costs so
incurred shall be paid for by the person responsible for such violation.
B.
The Building Inspector shall keep on file an affidavit stating accurately
the items of expense incurred and the date of execution of the action
taken and shall be authorized to institute suit, if necessary, against
the responsible party, or to place a lien on his property, for the
purpose of recovering such costs.
A.
Request for hearings. Any person served with a notice of violation in accordance with § 119-45 and who denies the alleged violation or is otherwise aggrieved by the required action necessary for compliance may, within 10 days after service of such notice, file a written request for a hearing with the Building Inspector, stating the reasons for his request.
B.
Time of hearing. The Building Inspector shall, within 10 days after
receipt of a request for a hearing, acknowledge said request in writing
and set a time and place for the hearing not later than 15 days after
the receipt of said request. Hearings may be postponed beyond 15 days
by the Building Inspector for just cause and upon service of a notice
for such postponement.
A.
The person requesting the hearing shall be required to give evidence
why he should not be required to remedy the violation or show cause
why he is unable to comply with the remedial action set forth in the
notice of violation.
B.
After consideration of all testimony given at the time of hearing,
the Building Inspector shall sustain, amend or withdraw the notice
of violation as originally served. If the notice is sustained or amended,
he shall set a new compliance date by which the violation shall be
remedied or removed in accordance with the original or amended notice.
A.
By Board of Appeals. Upon reinspection following the date of compliance as specified in the notice of violation or as extended in accordance with § 119-46, if the violation has not been remedied or removed as specified and there is still in existence a violation of this chapter in the opinion of the Building Inspector, then said officer shall immediately notify the Village Attorney, who shall thereupon institute appropriate legal action to restrain, prevent, remedy or remove such violation and to compel compliance with this chapter.
B.
By the taxpayers. If the Building Inspector fails or refuses to refer
a continued violation of this chapter to the Village Attorney for
appropriate legal action within a ten-day period following a written
request for such action by any taxpayer, then any three or more taxpayers
of the Village may institute such legal action.
A.
A violation of this chapter is hereby declared to be an offense punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $350 nor more
than $700 or imprisonment for a period not to exceed six months, or
both; and upon conviction for a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed misdemeanors, and for such
purpose only all provisions of law relating to misdemeanors shall
apply to such violations. Each week's continued violation shall
constitute a separate, additional violation.
[Amended 5-19-1992 by L.L. No. 1-1992]
B.
Penalty for failure to apply for building permit or certificate of occupancy. Any person who proceeds to construct, add to, alter, move or demolish a building or part thereof and/or who subsequently proceeds to occupy said building, lands or parts thereof without first applying for and obtaining the necessary permits shall be considered in violation of a section or sections of this chapter and shall be subject to prosecution according to § 119-52A. Further, he shall be required, upon receipt of a written notice from the Building Inspector, to file application for the necessary permit or permits and shall be required to pay any fees as specified in (§ 119-38E). The Building Inspector shall then inspect the building or land involved and shall issue a certificate of occupancy (§ 119-39) or a notice of violation (§ 119-45).
