A violation of this chapter is punishable by a fine not exceeding $250 for each day during which the violation continues and shall constitute disorderly conduct. In addition, the Village may use any other remedy available by law to prevent or stop a violation. Disorderly conduct shall constitute a separate and distinct offense.
A.
In addition to any other penalties imposed or other available remedies available to the Village, the Village Board may conduct a hearing to determine whether such violation constitutes a significant public health or safety issue. Such hearing shall be on a minimum of 10 days' notice to the owner, which notice may be served personally or by certified mail, return receipt requested, and first-class mail to the last known address of the owner as shown on the last completed tax roll.
(1)
Such notice shall specify the date, time and place of the hearing, the purpose of the hearing, the nature of the alleged violation, and that the owner may be present and participate in the hearing individually and/or through counsel, the fact that if the Village does determine that there is a significant health, safety or welfare issue, that it may enter the property to clean up the violation, and that at all costs so incurred, including legal expenses, will be assessed against the land on which the violation occurred and shall be levied and collected in the same manner as provided in § 5-518 of the Village Law for the levy and collection of a special ad valorem levy.
(2)
The Village Board shall conduct a hearing on the date and time indicated in the notice and shall make findings of fact. Based on such findings, the Village Board shall determine whether any remedial action is required.
(3)
The Village Board shall notify the owner of its decision in the same manner as the notice of hearing. If no corrective action is taken within 10 days of such notice being either mailed or personally served upon the owner, then the Village Board may authorize entry onto the property to do such remediation work as required and may charge all costs so incurred, including legal expenses, as a tax against the land.
B.
In addition to all other penalties and remedies available to the Village under this section, the Village shall have the authority, upon resolution, to make an application at a special term of the Supreme Court in the judicial district in which such property is located for an order determining the violation be a public nuisance, directing that it shall be repaired, secured or removed by either the owner or the Village and imposing a fine of $250 per day for each day the property remains in violation. In the event the Village is authorized to secure or otherwise eliminate the violation, the costs so incurred, including legal expenses, shall be a tax against the land on which such building is located in the same manner as provided in § 5-518 of the Village Law for the levy and collection of a special ad valorem levy.
C.
The hearing process outlined in Subsection A is not an administrative remedy that must be exhausted before proceeding to the Supreme Court. The Village Board for the Village of Red Creek shall have the discretion to determine which enforcement alternative is appropriate under the circumstances of each case, and shall have the discretion to determine whether to pursue more than one enforcement alternative.