[HISTORY: Adopted by the Board of Trustees of the Village
of Fayetteville 1-23-2012 by L.L.
No. 4-2012. Amendments noted where applicable.]
A.
In addition to the fines, remedies and penalties set forth below, or otherwise in the Code of the Village of Fayetteville, and notwithstanding any provision of this Chapter 113 to the contrary or otherwise, the penalty for any infraction of any chapter of this Code which specifies that such an infraction shall be a violation (but which does not specify a penalty) shall be a fine of not less than $25 and not exceeding $350 or imprisonment for a period not to exceed six months, or both, for the first offense; a fine of not less than $350 and not exceeding $700 or imprisonment for a period not to exceed six months, or both, for the second offense; and a fine of not less than $700 and not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for the third offense. The third offense shall be deemed a misdemeanor. Each week that the prohibited condition(s) or violation continues shall constitute a separate offense.
B.
The imposition of one penalty for any violation shall not excuse
the violation nor permit it to continue. The imposition of any such
penalty shall not be held to prohibit the enforced removal of prohibited
conditions by any appropriate remedy, including immediate application
for an injunction.
C.
An action or proceeding in the name of the Village of Fayetteville,
New York, may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of the Uniform Code, this chapter, any rule or regulation
adopted pursuant to this chapter or any order issued pursuant to this
chapter. Such remedy shall be in addition to penalties otherwise prescribed
by law.
D.
Nothing in this chapter shall preclude any action or proceeding based
upon any other remedies or penalties provided under state or other
laws, ordinances or regulations, including but not limited to New
York State Executive Law § 382.
E.
For purposes of conferring jurisdiction upon courts and judicial
officers generally, violation of those provisions which reference
penalties for a knowing violation shall be deemed violations, and
for such purpose only, all provisions of law relating to violations
shall apply.
Notwithstanding anything to the contrary provided in this Code,
it shall be a misdemeanor for a person to commit any act or omission
knowing it to be a violation of this Code.
A.
For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of the Code of the Village of Fayetteville, Chapter 147, shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such provisions.
B.
The penalty for any infraction of any chapter which specifies that
such an infraction shall be a misdemeanor (but which does not set
forth a penalty) shall be a fine of not less than $100 and not more
than $1,000 or imprisonment of not more than one year, or both.
C.
Any owner, person, corporation, association or other organization
or entity that violates any applicable provision of this chapter which
references penalties for a knowing violation shall, severally, for
each and every such violation be guilty of a violation punishable
by a fine of not more than $1,000. Each day that the prohibited condition(s)
or such violation continues shall constitute a separate offense.
Each day that the prohibited condition or violation continues
shall constitute a separate offense.
In the event that any chapter of this Code shall not designate
the classification for an offense thereof, such offense shall be a
violation.
A.
Nothing shall preclude any action or proceeding based upon any other
remedies or penalties provided under state or other laws, ordinances,
or regulation, including, but not limited to, New York State Executive
Law § 382.
B.
In addition to the fines and penalties set forth above, the Village
shall have all other remedies available at law and in equity, including,
without limitation, the right to obtain injunctive relief. In addition,
if the Village incurs injury to its property or incurs a loss of revenue
as a result of any infraction or violation of any of the provisions
of this Code, the Village shall be entitled to recover restitution
from the person or entity which committed such infraction. In addition,
as a civil penalty, the Village shall be entitled to recover any and
all costs it incurs in connection with any action or proceeding related
to such infraction or the recovery of restitution, including but not
limited to court costs and attorney and expert fees and disbursements.
C.
In addition to the fines, remedies and penalties set forth below, or otherwise in the Code of the Village of Fayetteville, and notwithstanding any provisions of this Chapter 113 to the contrary or otherwise, for any violation of the following relating to the condition use, occupancy and/or possession of real property or improvements thereon, under Chapter 147 et seq., of the Village Code or under the New York State Property Maintenance Code (NYCRR 1226.1) where the owner, occupant or other person having the possession or control of any such lot or land shall have been previously personally served with a notice to comply with the provisions hereof, or if no such person can be found, by a posting of such notice on the premises and mailing a copy of the notice to the premises or the owner thereof as shown on the current tax roll for Village taxes, and such owner, occupant or other person having the possession or control of any such lot or land shall have failed, neglected, or refused to comply with the provisions hereof within five days after the notice was sent or served, and the Village shall have expended moneys to cure such violation(s) where a danger to the public health and safety existed as a result of such violation, the Village may assess the cost of curing such violation, plus a service charge of 30% thereof to cover the cost of supervision and administration, against the property, to be levied, enforced and collected in the same manner as Village taxes, by the same proceedings, at the same time, with the same penalties and having the same effect as a lien upon the property as general Village taxes.
The fines for a person who realized a gain from violating the
terms of this Code shall be the higher of the amount set forth elsewhere
in this Code; or any higher amount not exceeding double the amount
of such person's gain from the commission of the offense. As
used in this section, the term "gain" means the amount of money or
the value of property derived from the commission of the offense less
the amount, if any, of money or the value of property returned to
the victim, if any, of the crime or seized by or surrendered to lawful
authority prior to the time sentence is imposed. If the court imposes
a fine based upon the gain of the person convicted of violating the
terms of this Code, the court shall make a finding as to the amount
of that person's gain from the offense, and if the record does
not contain sufficient evidence to support such a finding, the court
may conduct a hearing upon such issues.
In the event that any construction upon real property within the Village is contemplated, the Codes Enforcement Officer shall not issue a building permit or a certificate of occupancy unless and until the proposed construction complies with the Site Plan Review chapter (Chapter 139), the Subdivision of Land chapter (Chapter 151), the Flood Damage Prevention chapter (Chapter 81) and the Zoning chapter (Chapter 187). If any construction shall have been commenced and such construction, or the real property upon which it is taking place, is in violation of the above-referred-to chapters or any other provision of this Code, the Codes Enforcement Officer shall issue a stop-work order. In the event that any land is conveyed in violation of the Subdivision of Land chapter (Chapter 187), no building permit, certificate of occupancy or any other certificate shall be issued in connection with such property unless and until such real property shall be subdivided as required under Chapter 187.
If any term or provision of this chapter or the application
thereof to any person or circumstance shall to any extent be invalid
or unenforceable, the remainder of this chapter, or the application
of such term or provision to persons or circumstances other than those
as to which it was held invalid or enforceable, shall not be affected
thereby, and each such remaining term and provision of this chapter
shall be valid and shall be enforced to the fullest extent permitted
by law.
A.
In addition to the fines, remedies and penalties set forth below, or otherwise in the Code of the Village of Fayetteville, and notwithstanding any provisions of §§ 1-12 and 1-13 of the Village Code or this Chapter 113 to the contrary or otherwise, for any violation of the following relating to the condition use, occupancy and/or possession of real property or improvements thereon, to the extent not otherwise specifically provided therein the Code of the Village of Fayetteville, as well as the New York State Uniform Fire Prevention and Building Code (19 NYCRR Chapter XXXIII, Subchapter A), where:
(1)
If the provisions of the above-stated chapters are not complied with,
the Village Clerk, at the direction of the Mayor or any Trustee, Superintendent
of Public Works or the Codes Enforcement Officer, only after consultation
with the Codes Enforcement Officer or Village Attorney, shall serve
notice upon the owner or occupant of any such real property to comply
with the provisions of this chapter, and, if no such person can be
found, by posting the notice on the premises and mailing via registered
and certified mail, with or without return receipt request, a copy
of the notice to the premises, or to the owner or occupant of the
premises, as shown on the current tax roll for Village taxes. Such
notice shall specify the place, manner and time within which such
work shall be commenced and completed. The time for commencement shall
not be less than five days, and the time for completion shall be reasonably
based on the type of work required and length of time it shall take
to complete if prosecuted in an expedited fashion. The time for removal
with respect to ice and snow shall be not less than eight hours.
(2)
Emergency or exigent situations. The foregoing notwithstanding, where
the violation or conditions existing on the premises or lands are
of such a nature as to constitute an immediate threat to human health
or safety unless abated without delay, the Village may order the owner
and/or occupant to correct the violation or condition forthwith, and
upon failure to do so, the condition may be abated pursuant to and
subject to the provisions of this chapter. Such order may be by notice
as provided herein or by other documented means reasonably intended
to immediately communicate the urgency of the situation such as via
email, telephone, facsimile or verbal communications. In addition,
any other remedies set forth in other provisions of the Village of
Fayetteville Code or under New York State law shall be available.
(3)
Repeat offenses. Where the premises were subject to a previous proceeding under § 113-1B, relative to the same or similar, related or resultant violation or condition within 120 days prior to the occurrence or recurrence of the violation or condition subject of the instant proceeding, then the Village may cause the violation to be abated or order the owner to correct the violation or condition within a period of time not to exceed three days, and upon failure to do so, the condition may be abated pursuant and subject to the provisions of this chapter. In addition, any other remedies set forth in other provisions of the Village of Fayetteville Code or under New York State law shall be available.
(4)
Failure to comply. Whenever a notice or notices referred to in the
previous § 113-1B(1) hereof has or have been served in the
manner required under § 113-1B(1), requiring such owner
or occupants of the respective lots or parcel of land to correct the
failure of general property maintenance compliance, and if such owner
or owners shall neglect or fail to comply with the requirements of
such notice or notices within the time provided herein, the Mayor,
Superintendent of Public Works or Code Enforcement Officer may authorize
the work to be done.
(5)
Reimbursement of costs; assessment upon real property. Upon review by and a finding of the Village Board that the provisions of this Chapter 113, including, in particular, § 113-1B(1) and (4) hereof, have not been complied with or satisfied, and in the case of § 113-1B(2), that a bona fide emergency or exigent condition existed, the Village Board may adopt a resolution authorizing that the costs incurred by the Village in performance of the work be paid for out of general Village funds appropriated by the Village Board for such purpose. The Village shall be reimbursed for the cost of the work performed by direction of the Village Board, plus a service charge of 30% thereof to cover the cost of supervision and administration, and for any penalties assessed under Chapter 113, § 113-1B(6) hereof, by assessment and levy upon the lots or parcels of land wherein such work was performed and supervised/administered, and the expenses 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 Village charges. In particular, in the event of a violation of Chapters 148, 173 and/or 187 of the Village Code, the cost of any towing, flatbed or similar removal, plus 30% administrative costs, shall be assessed in the foregoing manner upon the real property of any owner or occupant deemed to be the owner, registered person or person otherwise using such vehicle.
(6)
Filing of notice of intent to levy. Whenever the Village has ordered
the reimbursement for the costs of the work performed or services
rendered as hereinabove provided in § 113B(5) by assessment
and levy upon the lot or parcels of land whereon such work was performed
or such services rendered, the Village Clerk may cause a notice of
intent to levy such costs and expenses against said lots or parcels
of land in a form approved by resolution of the Village Board from
time to time hereinafter, to be recorded in the records of the Onondaga
County Clerk's office in order that such notice shall be indexed
against the said premises or parcels of land as notice to subsequent
transferees or other acquiring any interest in said lots or parcels
of land of the intention by the Village to assess and levy the amount
of such expenses upon said lots or parcels of land. Any recorded fees
of the Onondaga County Clerk shall be included in the costs and expenses
assessed and levied upon such lots or parcels. The failure of the
Village Clerk to record such notice of intent to levy shall not, however,
affect or impair the validity of any lien or assessment of such costs
and expenses later imposed against such lots or parcels of land, the
owner(s) hereof or any subsequent transferees or others acquiring
any interest in such lots or parcels of land.
(7)
Additional rights/remedies. In addition to and separate from any
of the foregoing standards, enforcement procedures and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this chapter, and which are/is determined to be
a threat to public health, safety, and welfare, is hereby deemed a
nuisance, and as such may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel
the cessation of such nuisance may be taken as provided for under
applicable law. This remedy shall be in addition to and separate from
the remedies otherwise provided for hereunder.
