For the purpose of this chapter, certain words
and terms used herein are defined as follows:
CODE ENFORCEMENT OFFICER
A person designated by the Board of Trustees to make the
determinations required in this chapter.
PERSON
Any natural person or persons, firm, corporation, partnership,
association or any other combination of two or more persons who is
or are owners, owner's mortgagee, assignee of rents, receiver, executor,
trustee, administrator, lessee or agent, directly or indirectly in
control of a building or premises within the Village of Newark Valley.
REFUSE
All putrescible and nonputrescible solid wastes, such as
garbage, rubbish, used building materials, paper, ashes, metal cans,
glass, pottery, appliances, incinerator residue, dead animals, offal,
furniture, recyclables, nonrecyclables, containers and commercial/industrial
waste.
UNOCCUPIED HAZARD
Any building, or part thereof, which remains unoccupied with
entranceways, windows or other openings broken, removed or sealed
for a period of more than six months. Also, any building under construction
upon which little or no construction work has been performed for a
period of more than six months.
[Added 9-10-2001 by L.L. No. 5-2001;
ame nded 9-11-2007 by L.L. No. 2-2007; 7-9-2013 by L.L. No. 3-2013; 9-10-2013 by L.L. No.
4-2013]
A. In the event that any yard, lot or open area shall not be maintained in accordance with the provisions of §
122-3B(1) of this chapter and particularly that provision relating to maximum lawn or grass height, the Code Enforcement Officer shall post a written notice on the premises, and either deliver it to persons residing at the premises or send a copy of the notice by ordinary mail to the person or premises owner demanding its correction within five days of posting such notice. The delivery or mailing shall occur within one day of posting.
B. If the violation continues uncorrected for more than the said five
days after posting of the above-mentioned notice, the Village of Newark
Valley may perform the work necessary to correct the violation by
use of its agents, employees or subcontractors. The actual cost to
the Village shall be an expense borne to by the property owner and
shall be billed by the Village to such person or owner after the work
is performed and the amount of the bill is determined.
C. In the event that the premises is vacant and/or the property owner
does not take action to keep the property in compliance with the provisions
of this Chapter, such original violation shall be deemed to be continuing
to the Village until at such time the owner of the premises takes
active control either by the property owners actions or the actions
of his/hers/theirs/its employees, agents, and/or subcontractors that
remedies the situation.
D. All such bills so rendered by the Village to the property owner or
person shall be paid to the Village within 30 days.
E. Penalties for the late payment of any such bills are established
as follows and shall be added to such bills:
(1) First 30 days: no penalty.
(2) First month thereafter: 10%.
(3) Second and any successive month thereafter: 2% each month.
F. A final or aggregate bill for work performed under this section shall
be rendered to the property owner or person on or before November
1 of each year covering the amount of such work or services performed
for the entire year preceding November 1.
G. Any such bill which remains unpaid for a period of 60 days after
November 1 shall become a lien upon and be assessed against the real
property upon which the work was performed and shall be added to the
next annual tax levy as prescribed by Article 2 of the Village Law.
H. The filing of a lien shall not prevent the imposition of penalties under §
122-5G above.