[HISTORY: Adopted by the Board of Trustees of the Village
of Mamaroneck 8-15-2011 by L.L. No. 10-2011, effective 9-7-2011. Amendments
noted where applicable.]
Proper maintenance of real properties within the Village of
Mamaroneck is essential to protect the safety, health and well-being
of persons living and working within the Village.
In keeping with the above purpose, no building or structure
shall be maintained in the Village of Mamaroneck except in compliance
with the provisions of the Property Maintenance Code of the State
of New York.
Every person who shall violate any provisions of the Property
Maintenance Code of the State of New York in the Village of Mamaroneck
shall be subject to a penalty of up to $250 per day for each violation
of the above code. Each and every day that such violation continues
shall constitute a separate offense.
A.
All exterior surfaces of a structure, including but not limited to
walls, window treatments, facades, windows, doors, fences, canopies
and billboards, shall be maintained in a clean, safe and sanitary
condition.
B.
All exterior property and premises shall be maintained in a clean,
safe and sanitary condition.
C.
All graffiti or defacing of any exterior structure or premises shall
be removed and the surface finish restored within a period of two
business days.
Pursuant to the authority provided in Sections 106 and 302 of
the Property Maintenance Code of the State of New York, the following
enforced compliance procedures are established:
A.
If an owner or occupant of such property fails to maintain that property
in keeping with the Property Maintenance Code and thereby violates
provisions of that code, the Building Inspector shall serve upon such
owner or occupant by certified mail, return receipt requested, and
by ordinary mail at the owner's or occupant's last-known
address, a written notice of violation and an order to correct, requiring
the owner or occupant to remedy such failure and comply with the code
provisions.
B.
A property owner or occupant, who disputes the notice of violation,
shall have the right to appear before the Village Manager or his/her
designee within five days after service of the above notice to contest
the violation claim.
C.
The owner or occupant will be given a second written notice if the
Village Manager or his/her designee upholds the violation claim after
it is contested by the owner or occupant.
D.
If an owner or occupant fails, neglects or refuses to comply with
the above notices within 10 business days of service of the notice,
the Village and/or its agent may correct the maintenance violation.
E.
In a case where the Village has corrected the maintenance violation
in response to a property owner's or occupant's failure
to comply, that owner or occupant shall pay to the Village the costs
of such maintenance compliance performed by the Village within 30
days of a request for payment issued by the Village for such maintenance
compliance work.
F.
Upon the failure of an owner or occupant to pay the above costs in accordance within the time frame identified in § 280-5E above, the Village Building Inspector shall certify such costs to the Village Clerk and or Treasurer, and thereupon such costs shall become and be a lien upon the land involved and shall be added to and shall become a part of the property taxes next to be assessed and levied upon such land and shall bear interest at the same rate as and be collected and enforced in the same manner as taxes. The provisions of this section with respect to costs shall be in addition to any penalty imposed for violation of or noncompliance with any provision of this chapter.
G.
The owner or occupant shall have an opportunity to contest the compliance
costs and request for payment issued by the Village upon written request
made within 10 business days of the request for payment being issued
by the Village. The owner or occupant shall appear before a panel
composed of the Village Manager or his designee, the Village Clerk-Treasurer
and the Village Building Inspector.
