This chapter shall be known and cited as the "Property Maintenance
Code of the Incorporated Village of Hewlett Harbor."
It is the intent and purpose of this chapter to provide for,
and ensure the proper use of, property and to prevent the unsafe,
hazardous or dangerous conditions upon property within the Village
of Hewlett Harbor, and to provide basic and uniform standards governing
the maintenance, appearance and condition of all properties, whether
improved or unimproved, residential, commercial or otherwise. The
Village finds that the presence of blight upon properties throughout
the Village, caused by factors including, but not limited to, foreclosures,
abandonment, man-made and natural disasters, and discontinuance of
renovations, is detrimental to the health, safety and welfare of the
Village. It is the intent, therefore, of the Village that blight be
identified, abated and eliminated and that any and all conditions
which pose a threat to the health, and safety of the public or to
property within Village of Hewlett Harbor be eliminated. The Board
of Trustees finds that upon the failure to eliminate such conditions,
the Village may cause to have said conditions eliminated and assess
the cost thereof against the owners, occupants or other persons as
set forth in this chapter.
It shall be a violation of this chapter for any person, owner
or occupant to create, cause, maintain or cause to, or permit to,
continue or to fail to abate, correct or remove any condition that
is prohibited by this chapter. For purposes of this chapter, "any
person" shall include the owner, occupant, tenant, mortgagee or vendee
in possession, a mortgagee when the owner or occupant has caused or
allowed the property to deteriorate or otherwise fall into a state
of disrepair or blight, a mortgagee who has commenced the foreclosure
process, the operator, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm, or corporation directly or
indirectly in control of property or part thereof.
Any person or persons, association, firm or corporation who
violates any provision of this chapter shall be guilty of a violation,
punishable as follows:
A. For conviction of a first offense, by a fine of not less than $250
and not more than $1,000.
B. For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$1,000 and not more than $2,500.
C. For conviction of a third or subsequent offense of a series of offenses,
all of which were committed within a period of five years, by a fine
of not less than $2,500 and not more than $10,000.
D. Each week in which the violation continues shall constitute a separate
and additional violation and shall be punishable as such pursuant
to this section.
E. The Building Inspector (upon seeking advice and counsel and agreement
of the Village Attorney) is authorized and directed to institute any
and all actions and proceedings necessary to enforce this chapter.
The Village Attorney is also authorized to seek damages and any civil
penalties in any civil action, and such penalties shall be in addition
to and not in lieu of any criminal prosecution or other penalties.
In addition to the remedies set forth in this chapter, the Village
of Hewlett Harbor reserves the right to pursue any and all remedies
available, including, but not limited to, those set forth in Articles
13 and 19-A of the Real Property Actions and Proceedings Law of the
State of New York, and the Building Inspector is hereby authorized
to take any and all action specified thereunder.
Whenever the Building Inspector determines that an emergency exists which requires immediate action to protect the public health, safety and welfare, he may issue an order, in writing, to the owner, agent or occupant reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any party to whom such order is directed shall comply therewith immediately. If such party does not respond within a reasonable time to address the emergency, then the Building Inspector shall have the power to abate, correct or remove the emergency, and any expenses, including any legal expenses, incurred by the Village of Hewlett Harbor shall be borne by the owner, occupant, or other parties responsible as defined in §
111-4.
The requirements and standards set forth in the Property Maintenance
Code of the State of New York, 2012, and all revisions and amendments
thereto, shall be controlling in the Incorporated Village of Hewlett
Harbor. Where permitted by the Property Maintenance Code of the State
of New York, it is the intent of the Board of Trustees to implement
stricter minimum standards within the Village of Hewlett Harbor.