This article shall be applicable to the public nuisances defined in Article I of this chapter.
In addition to and as an alternative to the enforcement procedures established elsewhere, the Board of Trustees or the Board's designee, after notice and opportunity for a hearing may, pursuant to Article I, § 190-3, deem the existence of a public nuisance as such is defined thereunder and shall thereafter be authorized:
To order the closing of the building, erection, place, or place of business to the extent necessary to abate the nuisance; or
To suspend for a period not to exceed six months or revoke for a period of one year a certificate of use issued for such premises, and to prevent the operator from obtaining a new certificate of use for another location for the period of suspension or revocation; or
To suspend for a period not to exceed six months or revoke for a period of one year any occupational license or permit issued by the Village related to the conduct of a business or trade at the premises, which suspension or revocation shall also apply to any other locations operated by the holder for which the license or permit is required; or
To revoke for a period of five years eligibility to secure grants or loans from the Village of Endicott and The Town of Union; or
Any combination of the above.
Service of notice.
Prior to the issuance of orders by the Board of Trustees or the Board's designee pursuant to this section, the Board of Trustees or the Board's designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, erection or place wherein the public nuisance is being conducted, maintained or permitted. Such notice shall be served upon an owner pursuant to Article 3 of the Civil Practice Law and Rules, upon a lessor or lessee pursuant to § 735 of the Real Property Actions and Proceedings Law, and upon a mortgagee by means of certified mail, return receipt requested, sent to the mortgagee's last known address, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing or posting without the necessity of filing proof of service with the clerk of any court before the hearing. The person in whose name the real estate affected by the orders of the Board of Trustees or the Board's designee is recorded in the office of the County Clerk shall be presumed to be the owner thereof. Proceedings shall be commended by service of the notice and opportunity for a hearing within 60 days after the occurrence of the most recent violation cited in the notice.
The lack of knowledge of acquiescence or participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all those persons in possession or having charge of, as agent or otherwise, or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance shall not be a defense by such owners, lessors and lessees, mortgagees and such other persons.
Every certificate of occupancy, certificate of zoning compliance and real property tax bill issued by any Village department shall state the number of nuisance points, if any, assessed against the premises as of the date of the record being issued.
Orders of the Board of Trustees or the Board's designee issued pursuant to this section shall be posted at the building, erection or place where a public nuisance exists or is occurring in violation of law and shall be mailed to the owner or record thereof within one business day of the posting.
Five business days after the posting of an order issued pursuant to this section and upon the written directive of the Board of Trustees or the Board's designee, officers of the Endicott Police Department or its designee are authorized to act upon and enforce such orders.
Where the Board of Trustees or the Board's designee closes a building, erection or place pursuant to this section, such closing shall be for such period as the Board of Trustees or the Board's designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to this section. If the owner, lessor or lessee shall file a bond in an amount determined by the Board of Trustees or the Board's designee, but which may not exceed the value of the property ordered to be closed, and submits proof satisfactory to the Board of Trustees or the Board's designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, erection or place has been directed to be closed by the order of the Board of Trustees or the Board's designee, then the Board of Trustees or the Board's designee may vacate the provisions of the order that direct the closing of the building, erection or place.
A closing directed by the Board of Trustees or the Board's designee pursuant to this section shall not constitute an act of possession, ownership or control by the Village of the closed premises, nor will it constitute a closure caused by the government for purpose of nonconformity.
It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, erection or place, or portion thereof, ordered closed by the Board of Trustees or the Board's designee. Mutilation or removal of a posted order of the Board of Trustees or the Board's designee shall be punishable by a fine of not more than $250 or by imprisonment not exceeding 15 days, or both, provided such order contains therein a notice of such penalty.
Intentional disobedience or resistance to any provision of the orders issued by the Board of Trustees or the Board's designee pursuant to this section, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $5,000, or by imprisonment not to exceed six months, or both.
The Chief of the Endicott Police Department shall maintain a record of all violations and the assessment of points for every such violation and provide notice of the assessment of points and the accumulation of points to every owner of every property upon which it is determined that a public nuisance has occurred and shall provide notice of the assessment of points, the accumulation of points and the potential consequences of points to every such owner.
The Board of Trustees or the Board's designee may promulgate rules and regulations to carry out and give full effect to the provisions of this section.
[Amended 5-14-2019 by L.L. No. 3-2020]
Any owner having been served with a notice or order to remove any violation of this chapter or any nuisance, fails to comply therewith within the time fixed by law shall be guilty of an offense, punishable for each offense by a fine or penalty accordance with the Code of the Village of Endicott. Every day such violation may be held to constitute a separate offense.
The term "owner" as used in this section shall include any person or persons deemed to be an owner or owners of the property as set forth in Chapter 160, Housing Standards, of the Code of the Village of Endicott.
Violations of this chapter may also be referred to the Endicott Fire Department Division or Code Enforcement or any other appropriate municipal department and be prosecuted pursuant to Chapter 160, Housing Standards, of the Code of the Village of Endicott or any other provision of the Charter and Code of the Village of Endicott.
All bills are due and payable when rendered. The property owner shall be held responsible for all bills. Failure to receive a bill shall not excuse payment. No partial payments will be accepted. Any payment not made when due will be rolled over onto property taxes.
[Added 3-12-2019 by L.L. No. 5-2019]
This section applies to any person, firm or corporation receiving multiple notices of violation or orders to remedy in a twelve-month period for a violation of any Village of Endicott Code.
Any person, firm or corporation receiving multiple notices of violation or orders to remedy within a twelve-month period shall be subjected to an inspection fee as set forth in the fee schedule below:
First notice of violation or order to remedy received: no charge initial fee.
Second notice of violation or order to remedy received: Inspection fee of $100.
Third notice of violation or order to remedy received: Inspection fee of $150.
Fourth notice of violation or order to remedy received: Inspection fee of $200.
Fifth notice of violation or order to remedy received: Inspection fee of $500.
The inspections described above shall be billed directly to the tenant or owner, as the case may be, and a copy mailed to the owner and/or contact person/agent of the property. Inspection fees shall be increased 25% when not paid within 30 days after initial billing, to cover administrative costs. This subsection shall not be considered the exclusive method of collecting inspection fees and shall not preclude collection by other lawful methods. If unpaid after 30 days, the costs may be added to and collected in the same manner as real property taxes.
Every notice of violation or order to remedy shall contain a clear and conspicuous explanation of the policy in this section requiring fees for inspections or a copy of this section.