A fee schedule for activities requiring a permit or subject
to inspection hereunder shall be established by resolution of the
Board of Trustees. Such fee schedule may thereafter be amended from
time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of a permit, certificate of occupancy or temporary certificate, or
any renewal or amendment thereof, fire safety and property maintenance
inspections, and other actions of the Code Enforcement Officer described
in or contemplated by this chapter.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, this chapter or any other applicable
requirements. The process for responding to a complaint shall include
such of the following steps as the Code Enforcement Officer may deem
to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected
property and any other person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation, or otherwise proceeding in the manner described
in this article;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
The Code Enforcement Officer is authorized to order in writing
the remedying of any condition or activity found to exist in, on or
about any structure or premises in violation of the Uniform Code or
other applicable requirement. Upon finding that any such condition
or activity exists, the Code Enforcement Officer shall issue a compliance
order consistent with, and contain all of the information required
by, 19 NYCRR 1203.5, as such regulation may be from time to time amended.
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property
personally, by certified mail or other means reasonably calculated
to ensure receipt by the intended recipient within 10 days of the
date of said order. The Code Enforcement Officer shall be permitted,
but not required, to cause the compliance order, or a copy thereof,
to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work being performed at the affected property
in the same manner as provided herein; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the compliance order.
The Code Enforcement Officer, each inspector, the Supervisor
of the Department of Public Works or Fire Chief are authorized to
issue appearance tickets for any violation of any applicable requirement,
requiring the recipient thereof to appear in Village Court to respond
to such alleged violation. If an incumbent Fire Chief does not possess
the necessary qualifications to act as a Code Enforcement Official,
another qualified individual recommended by the Fire Chief shall be
designated by resolution of the Village Board.
In addition to those penalties proscribed by state law or elsewhere
in this chapter, any person who violates any applicable requirement,
shall be liable to a civil penalty of not more than $500 for each
day or part thereof during which such violation continues. The civil
penalties provided by this subsection shall be recoverable in an action
instituted in the name of the Village in a court of competent jurisdiction.
An action or proceeding may be instituted in the name of the
Village, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any applicable
requirement. In particular, but not by way of limitation, where the
construction or use of a structure is in violation of any provision
of any applicable requirement, an action or proceeding may be commenced
in the name of the Village, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
demolition of the structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Village Board of Trustees.
All graffiti or defacement shall be removed from a structure
or part thereof within five days after receipt by the owner of written
notice to remove, issued by the Code Enforcement Official.
No remedy or penalty specified in this chapter shall be the
exclusive remedy or remedy available to address any violation described
herein, and each remedy or penalty specified herein shall be in addition
to, and not in substitution for or limitation of, the other remedies
or penalties specified in this chapter or in any other applicable
law. Any remedy or penalty specified in this section may be pursued
at any time, whether prior to, simultaneously with, or after the pursuit
of any other remedy or penalty specified in this chapter or in any
other applicable law. In particular, but not by way of limitation,
each remedy and penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the penalties specified
in Subdivision (2) of Section 381 of the Executive Law, and any remedy
or penalty specified in this section may be pursued at any time, whether
prior to, simultaneously with, or after the pursuit of any penalty
specified in Subdivision (2) of § 381 of the Executive Law.