The existence of unsanitary or deteriorating building and property
conditions can endanger the well-being of the public, jeopardize the
security of private property, and adversely affect the value of surrounding
buildings and properties. It is the purpose of this chapter to provide
basic and uniform standards governing the maintenance, appearance
and condition of all buildings and properties within the Village to
promote the economic well-being of the Village and ensure the health,
safety and welfare of its residents.
Any owner or occupant who violates any provisions of the Property
Maintenance Code of the State of New York or this chapter shall be
subject to a penalty of up to $200 for each day during which such
violation continues.
Pursuant to the authority provided in Section 104 of the Property
Maintenance Code of the State of New York, the following compliance
procedures are established:
A. If an owner or occupant of such property fails to maintain property
in accordance with the provisions of the Property Maintenance Code
of the State of New York or this chapter, the Building Inspector shall
serve upon such owner or occupant by certified mail, return receipt
requested, and by ordinary mail at the owner's or occupant's
last known address, a written notice of violation and an order to
correct such violation within 30 days.
B. If an owner or occupant fails, neglects, or refuses to comply with the notice of violation within 30 days of service of the notice of violation as set forth in §
140-4A above, the Building Inspector may report, in writing, to the Village Board of the Village of Pleasantville his findings and recommendations in regard to the correction of such violation. Thereafter, the Village Board shall hold a public hearing in regard to the validity and remediation of the violation. The public hearing shall be held upon notice served upon the owners, occupants, or other persons having an interest in the premises as shown on the Village tax records or on the records of the Westchester County Clerk's office. The notice shall be mailed to such person by certified mail, return receipt requested, and by ordinary mail at the last known address as shown on the Village of Pleasantville tax records advising such property owner or occupants or other persons having an interest in the premises of their right to attend the public hearing before the Village Board to contest such violation.
C. If after the public hearing the owner or occupant fails to correct
or remove such violation within 10 days of the public hearing, the
Village may correct or remove the violation. All costs and expenses
incurred by the Village in connection with this chapter, shall be
charged against the owner of the property. An itemized memorandum
of the costs and expenses incurred by the Village shall be mailed
by the Village Treasurer to the persons charged with the violation
by certified mail, return receipt requested. The owner or occupant
shall pay to the Village all costs and expenses incurred by the Village
in curing such violation and all penalties associated with the violation
within 30 days of the receipt of the itemized memorandum of costs.
D. In the event that the amount due to the Village by the owner or occupant
is not paid within 30 days following the mailing of the charges, such
costs shall become and be a lien upon the property that was the subject
of the violation and shall be added to and become part of the property
taxes to be assessed and levied upon such property by the Village
and shall bear interest at the same rate as and be collected and enforced
in the same manner as unpaid taxes.
In addition to the remedies set forth in this chapter, the Village
reserves the right to pursue any and all remedies available, including,
but not limited to, those set forth in Articles 13 and 19-A of the
New York State Real Property Actions and Proceedings Law, and the
Building Inspector is authorized to take any and all action specified
in these articles.
Where it reasonably appears that there is present a clear and
imminent danger to the life, safety or health of any person or property
unless action authorized under this chapter is taken immediately,
then the Building Inspector shall have the power to abate, correct
or remove the emergency immediately, and any costs and expenses incurred
by the Village abating, correcting or removing the emergency shall
be charged to the owner of the property at issue. In the event that
the amount due to the Village by the owner is not paid within 30 days
following notification by the Village, the costs and expenses shall
become and be a lien upon the property involved and shall be added
to and become part of the property taxes next to be assessed and levied
upon such property by the Village and shall bear interest at the same
rate as and be collected and enforced in the same manner as taxes.