Town of Hartford, NY Penalties, Enforcement and Exclusion

Any person who violates, disobeys or disregards any provision of this chapter shall have its permit temporarily suspended until said violation is remedied.

Any person who violates, disobeys or disregards any provision of this chapter shall be liable to the people of the Town of Hartford for a civil penalty not to exceed $5,000 for every such violation. Each day's continuation of a condition violating this chapter shall be deemed a separate and distinct violation.

In addition to the above civil fine, any person, as defined in § 71-4 herein, who violates any provision of this chapter shall be guilty of an unclassified misdemeanor pursuant to the Penal Law, punishable by a fine of not less than $1,000 nor more than $5,000 or a term of imprisonment up to 30 days, or both. For a second and each subsequent offense, the violator shall be guilty of an unclassified misdemeanor punishable by a fine of not less than $10,000 nor more than $20,000 or a term of imprisonment up to 30 days, or both. Each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.

In addition to the above civil and criminal penalties, the approval authority shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter. Said Town shall have the authority to lay forfeiture to the financial security posted under § 71-12H herein and to authorize the Attorney for the Town to place a lien against said financial security.

Any person who has been found by a judicial tribunal of the State of New York to have violated this chapter shall, in addition to the provisions found in Subsections B and C, be liable to reimburse the Town and citizens of Hartford for their costs and expenses associated with enforcing this chapter, including, but not limited to, reasonable attorneys' fees.

[Amended 5-14-2013 by L.L. No. 1-2013]

Town Board hearing and order. Notwithstanding the foregoing, the Town shall also have the following authority.

(1)

Upon finding that a violation of this chapter may exist that is, or may become, dangerous or unsafe to the public, the Town Board may direct that notice be given to the owner of the property upon which the alleged violation exists. The notice shall set forth that a public hearing will be held and that, if it is determined by the Town Board at such hearing that such a violation does exist, the owner will be required to remedy the violation, failing which the Town may act to remedy the violation and charge the owner for the costs of same.

(2)

Such notice shall be personally delivered to the property owner or sent to the property owner by registered mail addressed to the owner's last known address as shown on the Town's latest real property tax assessment roll or on the last recorded deed for the property, in such number of days in advance of the hearing date as is reasonable under the circumstances.

(3)

Upon the conclusion of the public hearing, if the Town Board finds that there exists a violation of this chapter upon the subject property that is or may become dangerous or unsafe to the public, the Town Board shall issue an order directing the property owner to remedy the violation within a specified number of days that is reasonable under the circumstances, and stating that if the property owner fails to remedy the violation within the specified number of days, the Town may act to remedy the violation and charge the owner for the costs of same.

(4)

If the property owner fails to remedy the violation within the specified number of days, and the Town acts to remedy the violation, the Town may personally deliver or mail in the manner specified above a bill to the property owner for the costs of remedying the violation.

(5)

If the property owner does not pay the Town the full amount set forth in such bill within 30 days after the delivery or mailing of same, the Town Board may cause to be recorded in the Town Clerk's office a sworn statement by the Enforcement Officer showing the costs for the remedial work, the date(s) on which the work was performed and the location of the property on which the remedial work was conducted. The recording of such sworn statement shall constitute a lien on the property, which shall remain in full force and effect until full payment has been made. Said amount shall be collected in the manner fixed by law for the collection of taxes. In the event that said amount is not paid in full on or before the date the tax bill upon which it appears is last due without penalty, said amount shall be subject to the same delinquent penalty as the delinquent penalty for Town real property taxes. Sworn statements recorded in accordance with the provisions hereof shall be full notice to every person concerned that said amount of the statement constitutes a charge against the property designated thereon and that the same is due and collectible as provided by law.