It shall be unlawful for any land, structure and/or use 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
provision of this chapter shall be deemed a public nuisance and shall
be abated as such by the owner pursuant to law.
A notice of violation shall be in accordance with all of the
following:
B. Include a description of the real estate 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 owner of the right to appeal.
F. Include a statement of any applicable penalties and the right to
file a lien 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 owner personally;
B. Sent by certified mail addressed to the owner 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 owner, operator, occupant and other
person responsible for the condition or violation to which the notice
of violation pertains.
The Code Enforcement Officer has the authority to enter into
a written voluntary compliance agreement with the owner in order to
gain voluntary compliance in correcting a confirmed violation. The
agreement shall include time limits for compliance and shall be binding
on the owner. The Code Enforcement Officer shall abate further processing
of a violation during the time allowed in the voluntary compliance
agreement for the completion of the necessary corrective action. The
failure to comply with any term of the voluntary compliance agreement
constitutes a separate violation and shall be handled in accordance
with the procedures established by this chapter, except no further
notice after the voluntary compliance agreement has been signed need
be given before the Code Enforcement Officer may also proceed on the
alleged violation that gave rise to the voluntary compliance agreement.
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 subsection shall be commenced without the appropriate
authorization from the Town Board.
If the notice of violation is not complied 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.