Unless otherwise provided, any person, firm, or corporation who or
which shall violate any of the provisions of this Code or any rule
or regulation made pursuant thereto shall be guilty of a violation
and, upon conviction thereof, shall be subject to a fine not to exceed
$250 per day during or on which a violation of this Code shall occur.
In addition to the above penalties, the Board of Trustees may also
maintain an action or proceeding in the name of the Village in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction any offense against any provision of this Code.
Whenever an owner, occupant, or person having control of a property
is required by general, special or local law, or by court order to
make an improvement, perform any work or do any act on such property
in the interest of public safety, health, comfort, or general welfare
and such owner shall fail to make the improvement or perform the work
or act required, the Board of Trustees may cause such improvement,
work or act to be done on such property and to award a contract therefor.
The cost of such improvement, work or act may be assessed, levied
and collected pursuant to this section.
The Board of Trustees, or its designee, may conduct a hearing to determine whether a failure by the owner, occupant, or person having control of a property, of the type specified in Subsection A of this section constitutes a significant risk to public safety, health, comfort, or general welfare. Such hearing shall be on a minimum of 10 days' notice to the owner of said property, served personally or by certified mail, return receipt requested, to the last known address of the owner as shown on the last completed tax roll.
Such notice shall specify the date, time and place of the hearing;
the purpose of the hearing; the nature of the alleged violation; that
the owner may be present and participate in the hearing individually
or through counsel; that the Board of Trustees, or its designee, may
determine that there is a significant risk to public safety, health,
comfort, or general welfare; and that the Village may authorize entrance
upon the property to remediate said risk; and that all costs so incurred,
including legal expenses, shall be assessed against the land and shall
be levied and collected in the same manner and at the same time as
other Village taxes.
The Board of Trustees, or its designee, shall conduct a hearing on
the date and time indicated in the notice and shall make findings
of fact. Based on such findings, the Board of Trustees, or its designee,
shall determine whether any remedial action is required.
The Board of Trustees, or its designee, shall notify the owner of
its decision within 10 days of its decision, served personally or
by certified mail, return receipt requested, to the last known address
of the owner as shown on the last completed tax roll.
If no corrective action is taken within 10 days of the notice of
decision being either mailed or personally served upon the owner,
then the Board of Trustees may authorize entrance onto the property
to do such remedial work necessary to eliminate the condition causing
significant risk to public safety, health, comfort, or general welfare
and may charge all costs so incurred, including legal expenses, as
an assessment against the land, and the same shall be levied and collected
in the same manner and at the same time as other Village taxes.
Any remedial measures authorized under this section shall be performed
by contract. No Village employee shall be authorized to perform any
remedial measures under this section. Any contract for the performance
of remedial measures made pursuant to this section shall be awarded
in accordance with the bidding and procurement policies of the Village
of Fair Haven.