This article shall be known and cited as the "Property Maintenance
Code for the Central Business District of the Incorporated Village
of Brightwaters."
It is the intent and purpose of this article to provide for
and ensure the proper use of commercial property within the Village's
Central Business District and to prevent unsightly, unsafe, hazardous
or dangerous conditions; to provide basic and uniform standards governing
the maintenance, appearance and condition of commercial properties.
It is the intent, therefore, of the Village that blight be identified,
abated and eliminated and that any and all conditions which pose a
threat to the health and safety of the public or to property within
the Village of Brightwaters be eliminated.
It shall be a violation of this article for any person, owner
or occupant to create, cause, maintain or cause to, or permit to,
continue or to fail to abate, correct or remove any condition that
is prohibited by this article. For purposes of this article, any person
shall include the owner, occupant, tenant, mortgagee or vendee in
possession, mortgagee when the owner or occupant has caused or allowed
the property to deteriorate or otherwise fall into a state of disrepair
or blight, a mortgagee who has commenced the foreclosure process,
the operator, assignee of rents, receiver, executor, trustee, lessee,
agent or any other person, firm, or corporation directly or indirectly
in control of property or part thereof.
Any person or persons, association, firm or corporation who
violates any provision of this article shall be guilty of a violation,
punishable as follows:
A. For conviction of a first offense, by a fine of not less than $250
and not more than $1,000 or by imprisonment not exceeding five days,
or by both.
B. For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$1,000 and not more than $2,500 or by imprisonment not exceeding 10
days, or by both.
C. For conviction of a third or subsequent offense of a series of offenses,
all of which were committed within a period of five years, by a fine
of not less than $2,500 and not more than $10,000 or by imprisonment
not exceeding 15 days, or by both.
D. Each week in which the violation continues shall constitute a separate
and additional violation and shall be punishable as such pursuant
to this section.
E. The Building Inspector is authorized and directed to institute any
and all actions and proceedings necessary to enforce this article.
The Village Attorney is also authorized to seek damages and any civil
penalties in any civil action, and such penalties shall be in addition
to and not in lieu of any criminal prosecution or other penalties.
Whenever the Building Inspector determines that an emergency
exists which requires immediate action to protect the public health,
safety and welfare, he may issue an order, in writing, either by regular
mail, registered and/or certified mail, or by overnight mail delivery
or by in-person delivery, to the owner, agent or occupant reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this article, such order shall be effective
immediately. Any party to whom such order is directed shall comply
therewith immediately. If such party does not respond within a reasonable
time to address the emergency, then the Building Inspector shall have
the power to abate, correct or remove the emergency, and any expenses,
including any legal expenses, incurred by the Village of Brightwaters
shall be borne by the owner, occupant, or other parties responsible
as defined in § 129-4.
The requirements and standards set forth in the Property Maintenance
Code of the State of New York, 2012, and all revisions and amendments
thereto, shall be controlling in the Incorporated Village of Brightwaters.
Where permitted by the Property Maintenance Code of the State of New
York, it is the intent of the Board of Trustees to implement greater
minimum standards within the Village of Brightwaters.
If any section, paragraph, subsection or provision of this article
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this article as a whole or any part or
provision thereof other than the part so decided to be invalid or
unconstitutional.
The provisions of this article shall take effect immediately
upon filing this chapter with the New York State Secretary of State.