Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
It shall be unlawful for person to be in violation 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 this chapter shall be deemed a public nuisance and shall be abated as such by the person pursuant to law.
A notice of violation shall be in accordance with all of the following:
A. 
Be in writing.
B. 
Include a description of the person 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 take the necessary actions to comply with this chapter.
E. 
Inform the person of the right to appeal.
F. 
Include a statement of any applicable penalties 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 person personally; or
B. 
Sent by certified mail addressed to the person at the last known address with the return receipt requested; or
C. 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
A notice of violation issued or served as provided by this article shall be complied with by the person responsible for the condition or violation to which the notice of violation pertains.
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. No action or proceeding described in this section shall be commenced without the appropriate authorization from the Town Board.
If the notice of violation is not complied with within the period of time prescribed within such notice, the Code Enforcement Officer is authorized to request the Town Board to authorize the Town Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful structure and/or use in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
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 days' 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 NYS, 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 days' 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, sign and/or structure 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.