The Code Enforcement Officer of the Town of Geneva, or a Deputy
Code Enforcement Officer, shall administer and enforce all the provisions
of the New York State Property Maintenance Code and this chapter.
The Code Enforcement Officer, or a Deputy Code Enforcement Officer,
shall have the following powers and duties:
A.
To review and investigate complaints;
B.
To conduct inspections incidental to the investigation of complaints
and to conduct inspections incidental to the Code Enforcement Officer's
own witnessing of violations of the New York State Property Maintenance
Code or of this chapter;
C.
To maintain records;
D.
To pursue administrative enforcement actions and proceedings;
E.
In consultation with the Town's attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the New York
State Property Maintenance Code and this chapter; and
F.
To issue an appearance ticket to any person whom the Town of Geneva
Code Enforcement Officer has reason to believe has violated this chapter,
causing such person to appear before the Town Justice.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the New York State Property Maintenance Code or
with this chapter. The process for responding to a complaint or upon
the Code Enforcement Officer witnessing a violation of the New York
State Property Maintenance Code or of this chapter shall include such
of the following steps:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected
property and any other person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation. The Town of Geneva Code Enforcement Officer shall
personally serve such notice(s) within the Town of Geneva or shall
post a copy of the violation on the property if an owner or responsible
person can not be found to personally serve. If the owner of said
property is a nonresident of the Town of Geneva or if the Code Enforcement
Officer was unable to personally serve the owner, a notice to cure
the violation shall also be mailed to such owner by registered mail,
addressed to his or her last known address.
C.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
If the person upon whom is served a notice to abate, correct or cure
a violation of the New York State Property Maintenance Code regarding
the keeping of premises and immediate exterior property maintained
free from weeds or plant growth in excess of the height set forth
in the New York State Property Maintenance Code fails, neglects or
refuses to abate, correct or cure such violation within the timeframe
specified in the notice, the Town of Geneva Code Enforcement Officer
shall cause such weeds, grass and other vegetation on such lot or
land to be cut and removed, and the actual cost of such cutting and
removal plus a service charge of 50% thereof or $50, whichever is
greater, to cover the cost of supervision, inspection, administration
and other additional costs in connection therewith, shall be certified
by the Town of Geneva Code Enforcement Officer to the Town Supervisor
and such certified amount shall thereupon be charged and assessed
against the owner, tenant or occupant of the property that was the
subject of the violation. The expense, so assessed, shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected and
enforced in the same manner and at the same time as other Town taxes
and charges.
B.
The owner and/or responsible person of any lot, land or property found in violation of the New York State Property Maintenance Code regarding the keeping of premises and immediate exterior property maintained free from weeds or plant growth in excess of the height set forth in the New York State Property Maintenance Code shall be notified in writing only once in any given calendar year for such violation. Subsequent violations of a similar nature at the same location during the same season shall be corrected by the Town or its agent without notice to the owner of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season. The costs incurred by the Town in curing any subsequent violations shall be collected in the same manner as set forth in Subsection A of this section.
C.
The performance of any work by the Town of Geneva or its designee
or agent pursuant to this section shall not operate to excuse such
owner or responsible person from properly maintaining such property
as required by this chapter, and such owner, tenant or occupant shall,
notwithstanding, be subject to the penalties set forth in this chapter.
A.
Upon the failure of an owner or responsible person who was served with notice of a violation to abate, correct or cure a violation of the New York State Property Maintenance Code, other than violations discussed in § 150-13 of this chapter, or of this chapter, the Town Board of the Town of Geneva may hold a public hearing to determine whether the violation constitutes a public nuisance requiring abatement by the Town. The public hearing shall be held upon notice posted conspicuously on the subject property. The notice shall also be sent to the last-known address of the property owner, as it appears on the current assessment records of the municipality, by certified mail, return receipt requested, or served on the owner by personal service. Posting and service of such notice shall not be less than 15 calendar days, exclusive of the date of service, prior to the date of the public hearing. The notice shall:
[Amended 12-10-2019 by L.L. No. 5-2019]
(1)
Identify the premises as the same appears on the current assessment
roll;
(2)
Contain a statement of the conditions on the property deemed upon
inspection to constitute a public nuisance;
(3)
Contain a demand that the condition or conditions constituting the
public nuisance be immediately abated or removed before the date of
the hearing specified in the notice;
(4)
Contain a statement that failure or refusal to comply within the
period specified may result in a duly authorized officer, agent or
employee of the Town entering upon the property and abating or removing
the public nuisance; and
(5)
Contain a statement that the cost and expense of such abatement or
removal shall be the responsibility of the owner, tenant or occupant,
and, without limitation on the Town's potential remedies to recoup
its expenses, such cost and expense shall be assessed against the
described property on the next Town tax bill and shall constitute
a lien thereon to be collected in the same manner and at the same
time as other Town charges.
B.
Where the Town Board finds, based on substantial evidence in the
public hearing record, that the violation or violations amount to
a public nuisance requiring abatement by the Town, the Town Board
may cause the abatement or removal of the public nuisance. The abatement
or removal may be performed by the Town of Geneva or by its designee
or agent, including a private contractor lawfully engaged and authorized
by the Town Board. The Town Board shall ascertain the cost of removal
and assess such expense against the record owner of the property.
The expense so assessed shall constitute a lien and charge on the
real property on which it is levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as other Town charges. The foregoing shall not be construed
as a limitation on the Town's potential remedies to recover its
costs.
C.
The performance of any work by the Town of Geneva or its designee
or agent pursuant to this section shall not operate to excuse such
owner or responsible person from properly maintaining such property
as required by this chapter, and such owner, tenant or occupant shall,
notwithstanding, be subject to the penalties set forth in this chapter.
[Amended 12-10-2019 by L.L. No. 5-2019]
A.
If the person upon whom is served a notice to abate, correct or cure a violation of either § 150-9 or 150-10 of this chapter neglects or refuses to abate, correct or cure such violation within five days of being cited, the Town of Geneva Code Enforcement Officer shall cause such violation to be corrected, and the actual cost of correcting such violation, plus a service charge of 50% thereof or $50, whichever is greater, to cover the cost of supervision, inspection, administration and other additional costs in connection therewith, shall be certified by the Town of Geneva Code Enforcement Officer to the Town Supervisor and such certified amount shall thereupon be charged and assessed against the owner, tenant or occupant of the property that was the subject of the violation. The expense, so assessed, shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected and enforced in the same manner and at the same time as other Town taxes and charges.
B.
The owner and/or responsible person of any lot, land or property found in violation of § 150-10 regarding the keeping of sidewalks maintained free from snow and ice shall be notified in writing only once in any given season for such violation. Subsequent violations of a similar nature at the same location during the same season shall be corrected by the Town or its agent without notice to the owner of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season. The costs incurred by the Town in curing any subsequent violations shall be collected in the same manner as set forth in Subsection A of this section.
C.
The performance of any work by the Town of Geneva or its designee
or agent pursuant to this section shall not operate to excuse such
owner or responsible person from properly maintaining such property
or sidewalk as required by this chapter, and such owner, tenant or
occupant shall, notwithstanding, be subject to the penalties set forth
in this chapter.
The Town may institute and maintain an action or proceeding
in a court of competent jurisdiction to compel compliance with or
to restrain by injunction any violation of any provision of the New
York State Property Maintenance Code or of this chapter.
No remedy or penalty specified in this chapter shall be the
exclusive remedy or penalty available to address any violation described
in this chapter, and each remedy or penalty specified in this chapter
shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified in this chapter, in
the Code of the Town of Geneva, in the New York State Property Maintenance
Code, or in any other applicable law. Any remedy or penalty specified
in this chapter may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this chapter, in the Code of the Town of Geneva, in the New York
State Property Maintenance Code, or in any other applicable law.
The provisions of this chapter shall be subject to and subordinate
to the provisions of the New York State Agriculture and Markets Law.
