[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 2-25-1987 by L.L. No. 2-1987. Amendments noted where
applicable.]
A.
Nonresidential premises and single-family residence
premises shall be maintained in conformity with the provisions of
this chapter so as to establish reasonable safeguards for the safety,
health and welfare of the occupants and users thereof and of the general
public.
B.
NONRESIDENTIAL PREMISES
PERSON
PRIVATE STREET
SINGLE-FAMILY RESIDENCE PREMISES
For the purposes of this chapter, the following terms
shall have the meanings indicated:
A building, structure or land used for any purpose other
than for single-family residence purposes.
Includes the owner, tenant, occupant, or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee, sublessee,
agent, or any other individual, firm, or corporation directly or indirectly
in control of any premises, building, private street, or part thereof.
[Amended 6-21-2022 by L.L. No. 9-2022; 10-31-2023 by L.L. No. 16-2023]
A highway, boulevard, concourse, road, avenue, lane, alley,
court, cul-de-sac, drive, or thoroughfare within the Village more
than 12 feet in width, which serves more than one residential dwelling
unit and which is not owned or maintained on a regular basis by deed,
easement, acceptance of dedication, or prescription by a municipality.
In any prosecution or other proceeding based upon an alleged violation
of this chapter, it shall be an affirmative defense that the subject
street was owned or maintained on a regular basis by deed, easement,
acceptance of dedication, or prescription by a municipality.
[Added 5-19-2003 by L.L. No. 5-2003]
A building which is occupied exclusively as the home or residence
of a single family, together with any garage or other accessory buildings
and the lot upon which such building or buildings are constructed.
A.
Surface and subsurface water shall be drained to prevent
damage to paved surfaces, buildings, structures and adjoining property
and to prevent development of stagnant water. Swales, dry wells, gutters,
culverts, catch basins, drain inlets, stormwater sewers and sanitary
sewers or other satisfactory drainage systems shall be provided and
maintained in good operating condition to achieve the foregoing. In
no case shall the water from any rain leader be allowed to flow over
a public sidewalk or an adjoining property.
B.
Fences and retaining walls shall be maintained in
a safe condition.
C.
In the case of nonresidential premises, steps, walks,
driveways, parking spaces and similar paved areas shall be maintained
so as to afford safe passage under normal use and weather conditions.
Within 24 hours after the cessation of snowfall, snow shall be plowed
or shoveled from all steps, walks, driveways and parking areas used
or intended to be used by tenants, occupants, invitees or other members
of the public.
D.
No snow removed from driveways, walks or other areas
shall be deposited upon the public streets or highways so as to interfere
with the use of such streets or highways or with the use of any other
premises.
E.
In the case of nonresidential premises, all driveways
and parking spaces provided shall be covered with concrete or asphalt
paving which shall be kept in good repair, and such driveways and
parking spaces shall be regularly cleaned to avoid accumulation of
dirt, paper and other debris. All parking spaces shall be clearly
marked with painted white or yellow lines, and handicapped spaces
shall be clearly designated and signed.
F.
Heavy undergrowth and the accumulation of plant growth
which are unsightly, noxious, or detrimental to health shall be eliminated
or removed.
[Amended 10-25-2021 by L.L. No. 21-2021]
G.
All and every part of a premises and the steps, walks,
driveways and parking areas located on the premises and between the
front line of the premises and the roadway on which the premises fronts
shall be maintained in a clean, sanitary and safe condition and free
from litter, debris, paper, dirt, garbage and junk and in good repair.
H.
All areas of the front yard of a premises not occupied
by a walkway or driveway or parking areas authorized under special
use permits shall be planted with grass, shrubbery, flowers, trees
or other suitable plantings so that they will not be unsightly in
appearance.
I.
Dead or incurably diseased trees shall be taken down
and the diseased portion thereof removed and destroyed. Trees shall
be kept pruned, and dead wood shall be removed. These maintenance
activities shall be undertaken in accordance with and shall be subject
to the provisions of the Village's regulations on the preservation
of trees.
L.
Within 24 hours after the cessation of a snowfall,
all ice and snow shall be removed from all sidewalks and other public
paths set apart for pedestrians, whether located on the premises or
located between the front line of the premises and any one or more
roadways, including private streets, upon which the premises abut.
[Added 4-4-2005 by L.L. No. 1-2005]
M.
No person
shall allow, permit, or tolerate eroded or other soil, sediment, or
other matter or debris from flowing, blowing, or being dumped onto
an adjacent property. The foregoing shall not apply to the natural
falling and blowing of leaves. During any period of construction,
the owner, resident, and contractor, if any, shall comply with such
directions and orders of the Building Inspector as may be issued to
attempt to assure compliance with this subsection.
[Added 6-16-2015 by L.L.
No. 2-2015]
N.
All areas of the side and rear yards of a premises which are not occupied by hardscape, as defined in § 161-54 of this Code, shall be planted with grass, shrubbery, flowers, trees, or other suitable plantings so that they will not be unsightly in appearance.
[Added 1-3-2019 by L.L.
No. 1-2019]
O.
It shall
be unlawful to pump, pipe, or by other artificial means cause waters,
surface or subsurface, or otherwise collected, on property within
the Village to flow onto another property without that other property
owner’s permission. The foregoing shall not be deemed a violation
of permitting:
[Added 10-10-2019 by L.L.
No. 11-2019]
P.
Hedges
and shrubs shall be kept pruned or trimmed.
[Added 10-25-2021 by L.L. No. 21-2021]
Q.
Grass and
weeds shall not exceed six inches in height.
[Added 10-25-2021 by L.L. No. 21-2021]
[Added 12-14-1999 by L.L. No. 5-1999; 6-16-2015 by L.L. No. 2-2015; 9-12-2019 by L.L. No.
8-2019]
A.
Purpose; definitions.
(1)
Building construction sites shall be maintained in conformity
with the provisions of this chapter and all applicable laws to assure
reasonable safeguards to protect the safety, health, and property
of Village residents and the general public; and to protect roads
and waterways from sediment transport created by stormwater runoff
from construction sites. It shall be the obligation of the owners,
residents, and all contractors and individuals working at a site to
abide by the provisions of this section to keep the premises in a
clean and safe condition and to take all required and other reasonable
actions to prevent erosion and damage to any neighboring property,
including, but not limited to, waterways.
(2)
BUILDING CONSTRUCTION SITE
EROSION
IMPROVEMENT
RECEPTACLES
REFUSE
RIGHT-OF-WAY
ROADS
SUBJECT PREMISES
SUPERINTENDENT
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Any premises within the Village that is undergoing an improvement.
The movement of soil particles by the action of water, wind,
ice, or other geological agents.
All work, including, but not limited to, the construction
and/or installation of new structures, additions, alterations, utilities,
repairs, appliances, equipment, landscaping, demolition, excavation,
and any other disturbance of existing stabilized soil, other than
a disturbance of the soil which, in the opinion of the Superintendent,
is de minimis.
A dumpster, cart, pail, or other container used for the storage
and/or transport of refuse.
Includes garbage, newspapers, and refuse, as such terms are defined in § 94-10 of this Code, and, for clarity, including, but not limited to, materials used in building and other construction.
The area between the paved portion of a road and the property
line of the property adjoining that road.
All public roads and all private roads serving three or more
properties.
The premises where the improvements are taking place.
The Superintendent of the Village Building Department or
such Superintendent's designee.
B.
Building construction site maintenance.
(1)
No construction materials shall be located on any property other
than the subject premises without the prior approval of the owner
of that property and the Superintendent. That prohibition includes,
but is not limited to, all roads and rights-of-way
(2)
No vehicles, machinery, or other equipment used in conjunction
with an improvement shall be parked, standing, or stored other than
on the subject premises without the prior approval of the owner of
that other property and the Superintendent. That prohibition includes,
but is not limited to, all roads and rights-of-way.
(3)
No vehicles, machinery, or other equipment used in conjunction
with an improvement shall block any roadways or driveways, damage
any property, or drop, by their tires or otherwise, any mud, dirt,
sediment, or refuse off the subject premises, or create any hazard
or nuisance.
(4)
Grass and other ground cover on rights-of-way shall remain undisturbed and maintained for the duration of any improvement by cutting grass, raking leaves, and removing refuse, and, to the extent required by § 117-2 of this chapter, the removal of snow.
(5)
The subject premises and all rights-of-way adjoining the subject premises shall be maintained regularly for the duration of any improvement by cutting grass, raking leaves, and removing refuse, and, to the extent required by § 117-2 of this chapter, the removal of snow.
(6)
Tracked heavy machinery shall not be driven on any road or right-of-way.
(7)
Sufficient access to the subject premises, and to the structures
thereon, if any, for fire and emergency vehicles, as determined by
the Superintendent, shall be maintained at all times.
(8)
If access other than an existing driveway is being used for
vehicles, machinery, and other equipment in conjunction with an improvement,
there shall be only one entrance for such access. The entrance shall
be protected from erosion by placement of a recessed entry pad. The
minimum size of the entry pad shall be 24 feet wide by 50 feet long
and 12 inches deep, and be made of oversized three-to-four-inch diameter
crushed stone on top of filter fabric, as approved by the Superintendent.
(9)
If access by an existing driveway is being used for vehicles,
machinery, and other equipment in conjunction with an improvement,
such access shall be protected by a crushed stone entry pad, as approved
by the Superintendent.
(10)
Roads and rights-of-way shall be cleaned each time a vehicle,
machinery, or other equipment exits the subject premises if it drops
mud, dirt, sediment, or refuse onto a road or right-of-way.
(11)
Refuse shall not be stored in piles on the subject premises
or any other property.
(12)
All refuse shall be placed immediately in receptacles.
(13)
All receptacles shall be securely covered at all times during
the hours that construction work is not being conducted. Receptacles
shall not be allowed to overflow and shall be changed or emptied with
sufficient regularity to prevent their overflowing or inability to
be covered.
(14)
All receptacles shall be subject to the approval of the Superintendent
to assure that they may be maintained in accordance with this section.
(15)
Refuse shall not be permitted, allowed, or tolerated to be scattered
on the subject premises or any other property.
(16)
Any lightweight debris such as, but not limited to, papers,
cups, disposal food wrappings, plates, and utensils, shall not be
permitted to blow and spread about the subject premises or other property,
including, but not limited to, roads, rights-of-way, neighboring properties,
wetlands, and waterways. Sufficiently strong and tightly closed plastic
refuse bags shall be used to contain lightweight debris.
(17)
By 6:00 p.m. each night, until 8:00 a.m. the following morning, or such later time when construction may legally commence, there shall be no refuse on the subject premises that is not properly contained as required by this section and/or Chapter 94 of this Code, or in some other manner, as approved by the Superintendent, which is sufficient to prevent the blowing or other spread of such refuse, reduce the visual adverse impact of such refuse, and reduce the possibility of rodent and insect infestation as a result of such refuse.
(18)
All of the trees on the subject premises for which a permit would be required for their removal by Chapter 147 of this Code shall be protected by a four-foot-high barrier that extends to the dripline of the tree's branches. The use of any crane, excavator, machinery, or other equipment shall not be permitted, allowed, or tolerated to cause damage to any such tree.
(19)
No mud, dirt, sediment, or other refuse shall be allowed, permitted,
or tolerated to erode, flow, blow, or be dumped onto neighboring properties,
roads, and rights-of-way. The foregoing shall not apply to the natural
falling and blowing of leaves.
(20)
The subject premises shall be protected at all times from soil
erosion onto other properties, including, but not limited to, roads,
wetlands, and waterways by use of New York State Standards and Specifications
for Erosion and Sediment Control best management practice methods,
as required by all applicable laws, but, in any event, by no less
than the placement and the maintenance in good condition of continuous
rows of salt-hay bales, silt fencing, crushed stone, geotextile fabric,
mulch, and raised berms to the satisfaction of the Superintendent.
Stockpiles of extra fill shall not be located within 20 feet of any
property line and shall be protected with erosion control or removed
from the subject premises as necessary in the discretion of the Superintendent.
Erosion control material shall be monitored regularly and immediately
after a rain event so that such material is functional and in good
and sufficient condition at all times.
[Amended 10-2-2023 by L.L. No. 15-2023]
(21)
All temporary erosion control material must be removed upon
completion of the construction project.
(22)
Upon completion of the construction project permanent erosion
control and landscaping must be established on the entire site. Acceptable
methods of permanent erosion control include but are not limited to
grass, ground covering plants, trees, shrubs, and other vegetation
as approved by the Superintendent or various Village Boards. Tilling
of compacted earth and topsoil shall be provided prior to the planting
of any vegetation.
(23)
Construction that will create a disturbed land area of 43,560
square feet (one acre) or more shall obtain a SPDES General Permit
for Stormwater from the New York State Department of Environmental
Conservation. An application shall be filed with the Kings Point Village
Clerk. A stormwater pollution prevention plan (SWPPP) must be submitted
for review and approval by the Village Engineer. Building construction
sites shall be maintained in accordance with the SWPPP.
(24)
Construction sites shall be protected by a continuous six-foot chain link fence with black privacy mesh in accordance with Village Code § 161-35H.
(25)
All excavations shall be protected with temporary shoring to
prevent collapse in accordance with all applicable laws. All excavations
may be required to have safety fencing in addition to the six-foot
chain link fence protecting the construction site at the discretion
of the Superintendent.
(26)
The subject premises, construction, and building materials shall
be secured in the event of an extreme weather event.
(27)
The subject premises shall receive regular property maintenance
during construction. Grass and weeds shall be cut. Leaves shall be
raked. Snow shall be removed within 24 hours from the end of each
snowfall. Swimming pools shall be pumped, cleaned, and covered as
required.
(28)
The use of recycled concrete aggregate, crushed concrete, or
blended recycled concrete is prohibited unless approved by the Superintendent.
(29)
The installation of Styrofoam stucco, or any similar material
in the opinion of the Superintendent, on any building shall require
the installation of scaffolding and/or mesh screens as required by
the Superintendent to prohibit the blowing of Styrofoam, or any similar
material, upon or from the subject premises.
(30)
The subject premises shall have temporary guardrails with a
minimum height of 36 inches at all locations where there is a drop
in elevation of 30 inches or more in close proximity to any walking
surface or grade and at such other locations as deemed reasonable
to prevent falling by the Superintendent.
(31)
All buildings on the subject premises shall be provided with
temporary smoke and carbon monoxide alarms as required on each floor
level for the duration of construction until permanent smoke and carbon
monoxide alarms are installed in accordance with applicable building
codes.
(32)
All buildings on the subject premises shall be provided with
portable fire extinguishers on each floor level for the duration of
construction.
(33)
All buildings on the subject premises shall have their interiors
maintained in a clean, safe, and organized manner that is free of
refuse.
(34)
The control of sand, dust, and other matter from blowing shall be in accordance with Village Code § 117-3.1.
(36)
During any period of construction, the owners, residents, and
all contractors and individuals working at the subject premises shall
comply with such directions and orders of the Superintendent as may
be issued to attempt to assure compliance with this section.
(37)
All construction sites shall install and maintain a mailbox at a
location and in the form approved by the Building Department for the
receipt of mail and other communications from the Village.
[Added 10-2-2023 by L.L. No. 15-2023]
C.
Enforcement. The Superintendent shall administer and enforce the
provisions of this section.
D.
Penalties for offenses.
The owner shall keep all and every part of the
building and accessory structures in attractive condition and good
repair, including but not limited to the following:
A.
Exterior surfaces of buildings and structures that
are not inherently resistant to deterioration shall be periodically
treated with a protective coating of paint or other suitable preservative.
B.
In the case of nonresidential premises, interior floors,
walls, ceilings, furnishings and fixtures shall be maintained in a
clean, safe and sanitary condition.
[Added 3-31-2011 by L.L. No. 2-2011]
A.
All properties
within the Village shall be maintained so that no quantities of sand,
dust, or other matter are permitted to blow or otherwise escape into
the open air so as:
B.
All construction
and other work on all properties within the Village shall be performed
so that no quantities of sand, dust, or other matter are permitted
to blow or otherwise escape into the open air so as:
A.
The grounds, buildings and structures shall be maintained
free of insects, vermin and rodents.
B.
In the case of nonresidential premises where the potential
for rodent or vermin infestation exists, windows and other openings
in basements and cellars shall be screened with wire mesh or other
suitable materials.
A.
Approved sanitary methods and facilities shall be
used for the collection, storage and handling and disposal of garbage,
refuse and other debris.
B.
Garbage, refuse and other debris shall not be permitted
to accumulate in halls and stairways of nonresidential premises. Where
dumpsters are used for the interim storage of garbage, they shall
be properly sanitized before delivery to the site, be leakproof and
kept closed when not being filled or emptied.
[Added 6-17-2003 by L.L. No. 9-2003]
A.
Windows shall at all time be maintained in a safe
manner, free of cracks.
B.
Windows that are cracked, broken, or missing shall
be immediately and continuously boarded, to the extent necessary,
to assure the safety of persons from falling out and/or from broken
glass until such windows are replaced. In no event shall such boarding
of windows exceed 10 calendar days. Windows that are cracked, broken,
or missing shall be replaced within 10 calendar days after notice
from the Building Inspector. Extensions beyond said 10 calendar days,
based upon a good faith inability to obtain replacement windows within
that time, shall be in the sole discretion of the Building Inspector.
Such replacement windows shall be installed and shall be in conformity
with all of the requirements of the Village Code.
C.
The boarding of windows, except as provided in Subsection B hereof, is prohibited, except to the extent that the use of wood structural panels, as provided for in the New York State Residential Code to provide protection from broken glass during periods of high wind velocity, or within 24 hours immediately before or within 24 hours immediately after such periods. High wind velocity, for the purpose of this section, shall mean wind gusts equal to or in excess of 85 miles per hour in three-second or greater gusts. In any prosecution for a violation of this subsection, it shall be an affirmative defense that such wood structural panels were in place based upon the exceptions set forth in this subsection.
[Added 5-7-2019 by L.L.
No. 5-2019]
A.
All persons
shall maintain their premises in accordance with all applicable laws,
regulations, and directives of all federal, state, and other municipal
governments and governmental departments and agencies with jurisdiction.
B.
In the
event that the Village is fined or incurs any other costs or other
expenses (“damages”) because of the failure of a person
to comply with this section, such damages shall be charged to such
person by the Village, and such charge shall become due and payable
by said person within 20 days of demand by the Village.
C.
In the
event that the full amount of such charge is not paid to the Village
within 20 days after such demand, then, and in that case, the Village
Clerk shall cause to be filed in the office of the Village Clerk a
sworn statement showing the amount of the damages, the location of
the property, by section, block, and lot, that was the subject of
the damages, and the name of the reputed owner thereof as shown on
the Village tax rolls. The filing of such sworn statement shall constitute
a lien and privilege on the property and shall remain in full force
and effect for the amount due in principal and interest, plus the
court costs, expenses, and legal fees in the event the Village commences
a legal proceeding to collect the amount to which it is due pursuant
to this section. Said damages and court costs, expenses, and legal
fees shall be collected in the manner fixed by law for the collection
of taxes and, further, shall be subject to a delinquent penalty at
the legal rate of interest in the event that the same is not paid
in full on or before the date the tax bill upon which such charge
appears becomes delinquent. Sworn statements filed in accordance with
the provisions hereof shall be prima facie evidence that all legal
formalities have been complied with and the damages and court costs,
expenses, and legal fees, plus interest, constitutes a charge against
the property designated and described in the statement and that the
same is due and collectible as provided by law.
Owners of premises and other persons, as defined in § 117-1B, shall be responsible for compliance with this chapter.
[Amended 9-15-2020 by L.L. No. 6-2020]
A.
The Building Inspector of the Village of Kings Point has the authority
to administer and enforce this chapter.
B.
In his discretion, the Building Inspector may issue notices of appearance,
notices of violation, and/or orders, orally and/or in writing, with
regard to any condition which violates the provisions of this chapter.
C.
As used in this chapter, the term "Building Inspector" includes the
Superintendent of the Building Department and all building inspectors,
code enforcement officers, and other duly appointed law enforcement
officials of the Village.
[Amended 9-15-2020 by L.L. No. 6-2020]
A.
An appearance ticket and/or a notice of violation may be issued by
the Building Inspector for a violation of this chapter. It shall be
served either personally upon the person or by posting it in a conspicuous
place upon the property affected. If it is served by posting it upon
the property, a copy thereof shall be mailed to the person for whom
it is desired by certified mail; a return receipt shall not be required.
B.
If a notice of violation is served:
(1)
The notice, in addition to such other information the Building Inspector
deems appropriate:
(a)
Shall describe the property, the violation, and the remedial
action to be taken that will effect compliance with this chapter.
(b)
Shall prescribe a reasonable time within which such person shall
be required to effect compliance with this chapter. If there are multiple
violations, different periods may be required for different violations.
(c)
Shall state that the person served, or any other interested
person, may request a hearing before the Superintendent of the Building
Department prior to effecting all or any part of the violations. Such
request must be made in writing and received by the Building Department
at the Village Hall within five days from service of the notice of
violation. If said five-day period ends in a day when the Village
Hall is closed, the period shall be extended to the next day that
the Village Hall is open. The failure to file within said five-day
period shall be deemed a waiver of any right to appeal the decision.
[Amended 6-15-2021 by L.L. No. 15-2021]
(2)
If a hearing is requested, it shall be commenced no later than seven
days after the request is made, provided that, for good cause, the
Superintendent of the Building Department may postpone such hearing
for a reasonable time. If, after the hearing, the Superintendent finds
that no violation exists or that such unusual, extraordinary, or undue
hardship shall occur by enforcement of the notice of violation, he
may withdraw the notice of violation in whole or in part. If he does
not withdraw the notice of violation in whole, he shall issue an order
requiring the effectuation of compliance within a prescribed reasonable
time. The proceedings at such hearing shall be informal and shall
be summarized in a written report by the Superintendent, which shall
be filed in the Building Department.
(3)
Any party aggrieved by the decision of the Superintendent, within
five days of notice of the decision, which may be oral or in writing,
may appeal said decision to the Board of Trustees. If said five-day
period ends in a day when the Village Hall is closed, the period shall
be extended to the next day that the Village Hall is open. The failure
to file within said five-day period shall be deemed a waiver of any
right to appeal the decision.
[Amended 6-15-2021 by L.L. No. 15-2021]
(4)
If an appeal is taken, after hearing the appeal, the Board of Trustees
finds that no violation exists or that such unusual, extraordinary,
or undue hardship shall occur by enforcement of the notice of violation,
it may vacate or modify the notice of violation in whole or in part.
If it does not vacate the notice of violation in whole, it shall issue
an order requiring the effectuation of compliance within a prescribed
reasonable time. The proceedings of the appeal shall be informal and
shall be summarized in the Board's minutes with a copy that shall
be filed in the Building Department.
[Amended 6-15-2021 by L.L. No. 15-2021]
Whenever the Building Inspector or enforcement
official finds that an emergency exists which requires immediate attention
to protect the public health or safety, he may, without notice or
hearing, issue an order reciting the existence of such emergency and
requiring that such action be taken as he deems necessary to meet
the emergency. Notwithstanding any other provisions of this chapter,
such order shall take effect immediately. Any person to whom such
order is directed shall comply therewith immediately but, upon petition
to the Building Inspector or the Justice Court of the Village, shall
be afforded a hearing as soon as possible. After such hearing, the
Building Inspector or Court shall continue such order in effect or
shall modify or withdraw it.
[Amended 5-19-2003 by L.L. No. 5-2003; 9-15-2020 by L.L. No. 6-2020]
A.
Upon the failure, neglect, or refusal of any person to properly comply with this chapter 1) within seven days after the service of an appearance ticket, 2) by the date set forth in a notice of violation, 3) if a hearing by the Superintendent was timely requested, by the date set forth in the Superintendent's decision, or 4) if an appeal of the Superintendent's decision was timely requested, by the date set forth in the Board of Trustees' decision, whichever is later, or 5) such lesser period in the event of any emergency, as provided in § 117-10, the Building Inspector is hereby authorized and empowered to effect compliance with this chapter, subject to the approval of the Mayor.
[Amended 6-15-2021 by L.L. No. 15-2021]
B.
If the Village has effected compliance with this chapter, in whole
or in part, or has paid for its effectuation, the actual cost thereof
shall be charged to the owner of the property by the Village, and
such charge shall become due and payable by the owner at the time
of the Village effecting such compliance.
[Amended 8-23-2022 by L.L. No. 12-2022]
C.
The actual cost for all or any part of the work performed by the
Village shall include the following labor, administrative, and legal
costs:
[Amended 8-23-2022 by L.L. No. 12-2022]
(1)
The
total cost to the Village of such employees' time, administrative
and labor, including salary, plus the cost of fringe benefits, which
shall include, but not be limited to, health insurance, life insurance,
dental insurance, unemployment, excise, and payroll taxes, retirement
benefits, sick leave, vacation, holiday, and personal time off, to
the extent applicable, as calculated by the Village Clerk. The administrative
time may be set at either $500 or based upon the actual time spent
on the matter.
(2)
The
cost of the Village's General Counsel at its nonretainer hourly rate.
D.
If the
full amount due the Village is not paid within 20 days after a bill
for such effectuation is sent by certified mail, return receipt requested,
to the last owner of record as shown on the Village's assessment roll,
then, and in that event, the Building Inspector shall cause to be
filed in the office of the Village Clerk a sworn statement showing
the cost and expense incurred for the work, the dates the work was
performed, the location, by section, block, and lot, of the property
on which the work was performed, and the name of owner of the property
as shown on the Village's assessment roll.
[Added 8-23-2022 by L.L. No. 12-2022[1]]
[1]
Editor’s Note: This local law also redesignated former
Subsection D as Subsection G.
E.
The filing
of such sworn statement shall constitute a lien on the property and
shall remain in full force and effect for the amount due in principal
and interest, plus the costs and expenses, including attorneys' fees,
if any, for collection, until final payment has been made. Such interest
shall be charged at the accrued legal rate of interest per annum from
the date of the completion of the work or for the Village's payment
for such work. Sworn statements filed in accordance with the provisions
hereof:
[Added 8-23-2022 by L.L. No. 12-2022]
(1)
Shall
be prima facie evidence that all legal formalities have been complied
with;
(2)
That
the work has been performed to the satisfaction of the Superintendent
of the Building Department; and
(3)
Shall
be full notice to every person concerned that the amount of the statement,
plus interest, constitutes a charge against the property designated
and described in the statement and that the same is due and collectible
as provided by law.
F.
In the event that the bill is unpaid when the Village is preparing its next annual assessment roll, the lien shall be added to the assessment roll for the property and collected in the manner fixed by law for the collection of the Village's real property taxes. In that event, interest as provided in Subsection D shall be fixed, and the full amount, with that fixed interest, shall be subject to a delinquent penalty at the legal rate of interest for Village real property taxes in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent.
[Added 8-23-2022 by L.L. No. 12-2022]
G.
Notwithstanding the provisions of § 117-9 and Subsection A of this § 117-11, it shall not be necessary for the Building Inspector to issue an appearance ticket or a notice of violation or obtain the permission of the Mayor to effectuate compliance with this chapter in the instance of a second or any subsequent violation of this chapter, even if it is a different violation of this chapter, upon the same property within a twelve-month period in order for the Village to be reimbursed after its effectuation in accordance with Subsections B and C.
[Amended 6-15-2021 by L.L. No. 15-2021]
