[Adopted 11-4-1931 as Art. VII of the Village Ordinances; amended in its entirety 2-23-1983 by L.L. No.
1-1983 (Ch. 99 of the 1983 Code)]
No owner or occupant of any market in the Village of Corinth
shall neglect to keep the same free from any offensive smell and clean
or shall permit to accumulate any offal or refuse meat or bones about
it or in said market.
The keeping of any slaughterhouse and all slaughtering of fowl,
except by private families for their own use, within the Village of
Corinth is hereby prohibited.
No person or persons shall deposit or knowingly suffer any member
of his or her family or employees to deposit any dead carcass, carrion,
putrid meats, spoiled vegetables, fish entrails or remains, offal,
slops, refuse, garbage, human excrement or combination thereof, or
other substances with an obnoxious odor or detrimental to the health,
upon any lot within this Village or upon the bank of or in any brook,
rivulet, pond, or river therein, or fail to remove the same from premises
owned, occupied or leased by him or her, or under his or her control,
within 24 hours after such condition has come to his or her knowledge.
No person shall keep any hogs, pigs or swine or any horses,
cattle or domestic fowl within 100 feet of any part of any dwelling
house or street in said Village or shall keep any such animal or animals
so that an offensive or disagreeable scent arising from the place
where the same shall be kept shall reach any dwelling house or street.
Any person committing an offense against the provisions of this
article shall be guilty of a violation under the Penal Law and, upon
conviction thereof, shall be punishable for each offense by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both.
[Adopted 10-19-2011 by L.L. No. 5-2011 (Ch. 100 of the 1983
Code)]
In addition to the enforcement procedures established elsewhere,
the Board of Trustees or the Board of Trustees' designee, after notice
and opportunity for a hearing with respect to a public nuisance, shall
be authorized:
A. To order the closing of the building, structure or place to the extent
necessary to abate the nuisance;
B. To suspend for a period not to exceed six months or to revoke for
a period of one year a certificate of occupancy issued for the building,
structure or place, and to prevent the operator from obtaining a new
certificate of occupancy for another location within the Village for
the period of suspension or revocation;
C. To suspend for a period not to exceed six months or revoke for a
period of one year any occupational license or permit issued by the
Village related to the conduct of a business or trade at the building,
structure or place, which suspension or revocation shall also apply
to any other location within the Village operated by the holder for
which the license or permit is required;
D. The imposition of a fine not to exceed $1,000 upon the owner, lessor
or lessee of the building, structure or place where the nuisance is
found to have occurred;
E. Any action necessary to abate the nuisance, including but not limited
to cleaning, painting, repairing or demolishing any building, structure
or place. The cost of any such remedy shall constitute a property
tax lien against the property upon which such remedy is applied; or
F. Any combination of the above.
Prior to the issuance of an order by the Board of Trustees or
the Board of Trustees' designee pursuant to this article, the Board
of Trustees or the Board of Trustees' designee shall give notice and
opportunity for a hearing to the owner, lessor, lessee and mortgagee
of the building, structure or place wherein the public nuisance is
being conducted, maintained or permitted. Such notice shall be served
upon an owner pursuant to Article 3 of the Civil Practice Law and
Rules, upon a lessor or lessee pursuant to § 735 of the
Real Property Actions and Proceedings Law and upon a mortgagee by
means of certified mail, return receipt requested, sent to the mortgagee's
last known address, provided that any service other than delivery
to the person to be served shall be complete immediately upon delivery,
mailing or posting without the necessity of filing proof of service
with the clerk of any court before the hearing. The person in whose
name the real estate affected by such order of the Board of Trustees
or the Board of Trustees' designee is recorded in the office of the
County Clerk shall be presumed the owner thereof. Proceedings shall
be commenced by service of the notice and opportunity for a hearing
within 60 days after the occurrence of the most recent violation cited
in the notice.
The Board of Trustees or the Board of Trustees' designee may
promulgate rules and regulations to carry out and give full effect
to the provisions of this article.