The Village of Newark Valley incurs significant expenses in the operation of the Village administrative staff, the Planning Board, Village Board of Trustees, the Office of Code Enforcement and the Public Works Department in administering, enforcing and putting into compliance properties and individuals with the Village Code. Further, the Village incurs costs in connection with production of documents and photocopying. It is hereby established this article whereby the Village Board of Trustees shall have the authority to impose and collect all reasonably necessary administrative fees, in connection with any application as set forth or as may hereinafter be set forth in the laws of the Village of Newark Valley and review of said applications, including but not limited to fees to be paid in connection with any application for licenses, permits, public safety and health matters, and planning, building and construction approval. Furthermore it is established by this article that the Village shall be reimbursed for all expenses it incurs on behalf of the individual and/or property in connection with all services and expenses it provides and/or incurs in regard to any individual and/or property in the investigation of, determination of and/or rectification of and/or resolution of any violation or potential violation of the Village Code. These fees are necessary to carry out the Village of Newark Valley's regulatory measures.
[HISTORY: Adopted by the Board of Trustees of the Village of Newark Valley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 122.
[Adopted 3-16-2017 by L.L. No. 1-2017]
The Village Board of Trustees shall establish, by resolution, a Fee Schedule setting forth the fees to be charged. The Fee Schedule may be amended by resolution from time to time, as the Village Board of Trustees deems necessary.
It is hereby established that administrative costs and expenses that are reasonably incurred by the Village in remedying any violation or potential violation of any provision of the Code of Newark Valley shall be charged to the person and/or against such property as an administrative fee.
All administrative costs that are reasonably necessary in carrying out the objectives of the laws of the Village of Newark Valley shall be charged to the applicant. Administrative costs shall be set forth in the Fee Schedule, and shall be determined as the actual costs of administering and reviewing such applications by the Village. For the purpose of this article, administrative costs shall include, but are not limited to, the following types of expenses and/or charges that may arise in the enforcement of the Village Code in regard to any particular person and/or property:
A.
To applicants in connection with all applications made pursuant to the laws of the Village of Newark Valley, including but not limited to any application for licenses, permits, public safety and health matters, and planning, building and construction approval.
B.
In regard to any alleged violation of any particular provision of the Village Code, all charges and expenses that the Village may incur, including, but not limited to, fees for reinspections, costs incurred in the service of process and/or notices, costs and expenses incurred by the Village's Public Works Department, or third-party contractors with the Village to remedy violations of the Village Code by any individual and/or on any property within the Village.
C.
The Village Board of Trustees may also set forth fees in the Fee Schedule the costs involved, including but not limited to processing applications, preparation of hearing notices, publication of hearing notices, providing notice to other governmental agencies, preparation of affidavits of posting and publication, preparation and maintenance of official records regarding the application and municipal review of the application, and processing of resolutions and/or the necessary costs in connection with the cost of prosecuting and/or remedying Code violations.
D.
The Village Board of Trustees may also set forth fees in the Fee Schedule for reimbursement of various other administrative fees, including, but not limited to, the cost of photocopies, preparation of birth and death certificates, and rental of the Noble Room and Trout Pond Park pavilions.
E.
The above charges and expenses shall be applicable to all provisions of the Village Code, including, but not limited to, the cost of prosecuting and/or remedying Code violations.
Unless otherwise specifically provided in this article, the fees required pursuant to this article for any application shall be paid in advance upon submission of the application. The failure to submit the full payment required shall render the application incomplete.
Whenever an extension is necessary to prevent an approval from lapsing or becoming otherwise void under any provision of the Village Code, such request for an extension shall be processed only upon prior payment of fees established pursuant to the Fee Schedule.
Penalties for the late payment of any such fees are established as follows and shall be added to bills for such fees or otherwise:
A.
First 30 days: no penalty.
B.
First month thereafter: 10%.
C.
Second and any successive month thereafter: 2% each month.
D.
A final or aggregate bill for fees under this section, separately or with other bills owed, shall be rendered to the property owner or person on or before November 1 of each year covering the amount of such fees together with work or services performed, as the case may be, for the entire year preceding November 1.
E.
Any such bill which remains unpaid for a period of 60 days after November 1 shall become a lien upon and be assessed against the real property upon which the work was performed and shall be added to the next annual tax levy as prescribed by Article 2 of the Village Law.