Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
It shall be unlawful for any owner to use, occupy or maintain any building, premises or structure or portion thereof in violation of any provisions of this chapter or fail in any manner to comply with any notice, directive or order of the Code Enforcement Officer.
Any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and shall be abated as such by the owner in an approved manner.
Whenever the Code Enforcement Officer determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, or an owner fails in any manner to comply with any notice, directive or order of the Code Enforcement Officer, a notice of violation shall be given in the manner prescribed in this article to such owner of any building, premises or structure or portion thereof in violation of any provisions of this chapter.
A notice of violation shall be in accordance with all of the following:
A. 
Be in writing.
B. 
Include a description of the real estate sufficient for identification.
C. 
Include a statement of the violation or violations and why the notice is being issued.
D. 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring any building, premises or structure into compliance with this chapter.
E. 
Inform the owner of the right to appeal.
F. 
Include a statement of the any applicable penalties and the right to file a lien in accordance with this chapter.
A notice of violation shall be deemed to be properly served if a copy thereof is:
A. 
Delivered to the owner personally;
B. 
Sent by certified mail addressed to the owner at the last known address with the return receipt requested; or
C. 
Posted in a conspicuous place in or about the structure affected by such notice, if the notice is returned showing that the letter was not delivered.
A notice of violation issued or served as provided by this article shall be complied with by the owner, operator, occupant and other person responsible for the condition or violation to which the notice of violation pertains.
The Code Enforcement Officer has the authority to enter into a written voluntary compliance agreement with the owner in order to gain voluntary compliance in correcting a confirmed violation. The agreement shall include time limits for compliance and shall be binding on the owner. The Code Enforcement Officer shall abate further processing of the alleged violation during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The Code Enforcement Officer shall take no further action concerning the alleged violation if all terms of the voluntary compliance agreement are satisfied, other than steps necessary to terminate the waiver. The failure to comply with any term of the voluntary compliance agreement constitutes a separate violation and shall be handled in accordance with the procedures established by this chapter, except no further notice after the voluntary compliance agreement has been signed need be given before the Code Enforcement Officer may also proceed on the alleged violation that gave rise to the voluntary compliance agreement.
An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter or any term or condition of any notice of violation order or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where any junk is stored, deposited, placed or maintained outdoors upon private property in violation of any provision of this chapter, or any notice of violation order or other order issued under this chapter, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of junk or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
The Code Enforcement Officer is authorized to issue appearance tickets for any violation of this chapter.
The Code Enforcement Officer shall cause the appearance ticket, or a copy thereof, to be served on the owner of the affected property as provided by law.
A. 
Civil penalty. Any person who undertakes any action regulated by this chapter, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the Town for a civil penalty not to exceed $250 per day for every such violation. 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. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
B. 
Criminal penalty. Any violation of any part of this chapter shall constitute a violation as defined in the Penal Law of the State of New York and shall be punishable by a fine not to exceed $250 or 15 days' imprisonment, or both such fine and/or imprisonment. 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. The criminal penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
C. 
Restoration. A court of competent jurisdiction may order or direct a violator to restore the affected land to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Code Enforcement Officer or his/her designate.