[Ord. No. 41,
§ 320.1, 5-27-1963]
Whenever it is determined that the conditions of a dwelling, dwelling unit, rooming house, rooming unit or premises is in violation of any applicable code which is not provided for by this chapter or which is provided for by a higher standard of such other law, code, ordinance or regulation, as provided in § 12-5, such condition or violation shall be referred to the appropriate authority.
[Ord. No. 41,
§ 320.2, 5-27-1963]
Whenever a notice, order or complaint has been issued for any
infraction of this chapter, the Commissioner may file a copy of such
notice, order or complaint in his office. Such recording shall constitute
appropriate information of such notice, order or complaint to any
subsequent purchaser, transferee, grantee, mortgagee or lessee of
the property affected thereby.
[Ord. No. 41,
§ 320.3, 5-27-1963]
All records of the code enforcement agency shall be public.
Upon request, the Building Department shall be required to make a
search and issue a certificate of any of its records, including violations,
and shall have the power to charge and collect reasonable fees for
such searches or certificates.
[Ord. No. 41,
§ 320.4, 5-27-1963]
The Commissioner is authorized to make and adopt such written
rules and regulations as may be necessary for the proper enforcement
and interpretation of this chapter and to secure the intent thereof.
Such rules and regulations shall not be in conflict with the provisions
of this chapter or any other ordinance of the Village of Tuckahoe,
nor shall they have the effect of waiving any provisions of this chapter
or any other ordinance. Such rules and regulations shall have the
same force and effect as the provisions of this chapter and the penalty
for violation of the provisions of this chapter. Such rules and regulations
shall be submitted to the local legislative body by the Commissioner.
Failure of the Board of Trustees to approve, reject or modify such
rules and regulations within 30 days after submission shall be deemed
to constitute approval thereof. Said rules and regulations, as approved
by the local legislative body, shall be on file and available as a
matter of public record.
[Ord. No. 41,
§ 320.5, 5-27-1963]
No officer, agent or employee of the Village of Tuckahoe shall
render himself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his duties under this chapter.
[Ord. No. 41,
§ 320.6, 5-27-1963]
Any person who shall knowingly and willfully violate or assist in the violation of this chapter shall, upon conviction, be punished by a penalty as prescribed in § 1-7 for each offense. Each day that such violation continues shall constitute a separate offense. In addition, a violation of this chapter shall constitute disorderly conduct, and the person violating the same shall be a disorderly person. The term "person," as used in this section, shall include the owner, occupant, mortgagees or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a building or part thereof.
[Ord. No. 41,
§ 320.7, 5-27-1963]
The Village Attorney shall, upon complaint of the Commissioner
or upon order of the Board of Trustees or upon his own motion, institute
appropriate action to restrain, prevent, enjoin, abate, correct or
remove such violation and to take such other legal action as is necessary
to carry out the terms and provisions of this chapter. The remedies
provided for herein shall be cumulative and not exclusive and shall
be in addition to any other remedies provided by law. Any and all
remedies may be pursued concurrently or consecutively and the pursuit
of any remedy shall not be construed as an election of the waiver
of the right to pursue any and all of the others.
