[HISTORY: Adopted by the Board of Trustees
of the Village of Horseheads 10-11-2022 by L.L. No. 6-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 179,
Property Maintenance, adopted 9-18-1975 by L.L. No. 6-1975.
This chapter provides for the administration and enforcement
of the New York State Property Maintenance Code in the Village of
Horseheads. This chapter is adopted pursuant to § 10 of
the Municipal Home Rule Law. Except as otherwise provided in the New
York State Property Maintenance Code, other state law or other section
of this chapter, all buildings, structures, lots and premises, regardless
of use or occupancy, are subject to the provisions of the New York
State Property Maintenance Code, which are incorporated herein by
reference as amended from time to time, and this chapter.
For purposes of this chapter, the following words shall have
the following definitions, other words shall have the definitions
provided for in the NYS Property Maintenance Code:
A tract of land with the building on it, if any.
The Village of Horseheads.
The owner, operator, tenant or occupant of the premises shall
maintain the premises as follows:
A.
All premises shall be trimmed, mowed and maintained free of weeds
and noxious plant growth in excess of 10 inches, other than trees,
shrubs and cultivated flowers and gardens, and with all dead, damaged
or diseased trees or shrubs, or portions thereof, shall be removed
or replaced.
B.
The premises shall be maintained free of garbage, rubbish, insects,
vermin and rodent harborage and infestation.
C.
The premises shall be maintained in compliance with the NYS Property
Maintenance Code, which is incorporated herein by reference as amended
from time to time, and this chapter.
The Code Enforcement Officer of the Village of Horseheads shall
administer and enforce all the provisions of the New York State Property
Maintenance Code and this chapter. The Code Enforcement Officer shall
have the following powers and duties:
A.
To review and investigate complaints;
B.
To conduct inspections incidental to the investigation of complaints
and to conduct inspections incidental to the Code Enforcement Officer's
own witnessing of violations of the New York State Property Maintenance
Code or of this chapter;
C.
To maintain records;
D.
To pursue administrative enforcement actions and proceedings;
E.
In consultation with the Village's attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the New
York State Property Maintenance Code and this chapter; and
F.
To issue an appearance ticket to any person whom the Village of Horseheads
Code Enforcement Officer has reason to believe has violated this chapter,
causing such person to appear before the Village Justice.
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 New York State Property Maintenance Code or
with this chapter. The process for responding to a complaint or upon
the Code Enforcement Officer witnessing a violation of the New York
State Property Maintenance Code or of this chapter shall include such
of the following steps:
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 or operator
of the affected premises 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. The Village of Horseheads Code
Enforcement Officer shall personally serve such notice(s) within the
Village of Horseheads or shall post a copy of the violation on the
premises if an owner, operator or responsible person can not be found
to personally serve. If the owner or operator of said premises is
a nonresident of the Village of Horseheads or if the Code Enforcement
Officer was unable to personally serve the owner or operator, a notice
to cure the violation shall also be mailed to such owner or operator
by registered mail, addressed to the owner or operator's last
known address.
C.
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.
A.
If the person upon whom is served a notice to abate, correct or cure
a violation of the New York State Property Maintenance Code regarding
the keeping of premises and immediate exterior premises maintained
free from weeds or plant growth in excess of the height set forth
in the New York State Property Maintenance Code or this chapter fails,
neglects or refuses to abate, correct or cure such violation within
the time frame specified in the notice, the Village of Horseheads
Code Enforcement Officer shall cause such weeds, grass and other vegetation
on such lot or land to be cut and removed, and the actual cost of
such cutting and removal plus a service charge of 50% thereof or $250,
whichever is greater, to cover the cost of supervision, inspection,
administration and other additional costs in connection therewith,
shall be certified by the Village of Horseheads Code Enforcement Officer
to the Village Manager and such certified amount shall thereupon be
charged and assessed against the owner, operator, tenant or occupant
of the premises that was the subject of the violation. The expense,
so assessed, shall constitute a lien and charge on the real premises
on which it is levied until paid or otherwise satisfied or discharged
and shall be collected and enforced in the same manner and at the
same time as other Village taxes and charges.
B.
The owner and/or responsible person of any lot, land or premises found in violation of the New York State Property Maintenance Code regarding the keeping of premises and immediate exterior premises maintained free from weeds or plant growth in excess of the height set forth in the New York State Property Maintenance Code or this chapter shall be notified, in writing, only once in any given calendar year for such violation. Subsequent violations of a similar nature at the same location during the same season shall be corrected by the Village or its agent without notice to the owner or operator of said premises. After initial notification, such owner, operator, occupant or person having control of said premises will be presumed to have been given sufficient notice of infraction for the entire season. The costs incurred by the Village in curing any subsequent violations shall be collected in the same manner as set forth in Subsection A of this section.
C.
The performance of any work by the Village of Horseheads or its designee
or agent pursuant to this section shall not operate to excuse such
owner or responsible person from properly maintaining such premises
as required by this chapter, and such owner, operator, tenant, or
occupant shall, notwithstanding, be subject to the penalties set forth
in this chapter.
A.
Upon the failure of an owner or responsible person who was served with notice of a violation to abate, correct, or cure a violation of the New York State Property Maintenance Code, other than violations discussed in § 179-6 of this chapter, the Village Board of the Village of Horseheads may hold a public hearing to determine whether the violation constitutes a public nuisance requiring abatement by the Village. The public hearing shall be held upon notice posted conspicuously on the subject premises. The notice shall also be sent to the last-known address of the premises owner, as it appears on the current assessment records of the municipality, by certified mail, return receipt requested, or served on the owner by personal service. Posting and service of such notice shall not be less than 15 calendar days, exclusive of the date of service, prior to the date of the public hearing. The notice shall:
(1)
Identify the premises as the same appears on the current assessment
roll;
(2)
Contain a statement of the conditions on the premises deemed upon
inspection to constitute a public nuisance;
(3)
Contain a demand that the condition or conditions constituting the
public nuisance be immediately abated or removed before the date of
the hearing specified in the notice;
(4)
Contain a statement that failure or refusal to comply within the
period specified may result in a duly authorized officer, agent or
employee of the Village entering upon the premises and abating or
removing the public nuisance; and
(5)
Contain a statement that the cost and expense of such abatement or
removal shall be the responsibility of the owner, operator, tenant,
or occupant, and, without limitation on the Village's potential
remedies to recoup its expenses, such cost and expense shall be assessed
against the described premises on the next Village tax bill and shall
constitute a lien thereon to be collected in the same manner and at
the same time as other Village charges.
B.
Where the Village Board finds, based on substantial evidence in the
public hearing record, that the violation or violations amount to
a public nuisance requiring abatement by the Village, the Village
Board may cause the abatement or removal of the public nuisance. The
abatement or removal may be performed by the Village of Horseheads
or by its designee or agent, including a private contractor lawfully
engaged and authorized by the Village Board. The Village Board shall
ascertain the cost of removal and assess such expense against the
record owner of the premises. The expense so assessed shall constitute
a lien and charge on the real premises on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Village charges. The
foregoing shall not be construed as a limitation on the Village's
potential remedies to recover its costs.
C.
The performance of any work by the Village of Horseheads or its designee
or agent pursuant to this section shall not operate to excuse such
owner or responsible person from properly maintaining such premises
as required by this chapter, and such owner, operator, tenant, or
occupant shall, notwithstanding, be subject to the penalties set forth
in this chapter.
The Village may institute and maintain an action or proceeding
in a court of competent jurisdiction to compel compliance with or
to restrain by injunction any violation of any provision of the New
York State Property Maintenance Code or of this chapter.
No remedy or penalty specified in this chapter shall be the
exclusive remedy or penalty available to address any violation described
in this chapter, and each remedy or penalty specified in this chapter
shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified in this chapter, in
the Code of the Village of Horseheads, in the New York State Property
Maintenance Code, or in any other applicable law. Any remedy or penalty
specified in this chapter 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, in the Code of the Village of
Horseheads, in the New York State Property Maintenance Code, or in
any other applicable law.
The provisions of this chapter shall be subject to and subordinate
to the provisions of the New York State Agriculture and Markets Law.
If any clause, sentence, paragraph, or section of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or article thereof directly involved in the controversy
in which such judgment shall have been rendered.
All ordinances, local laws and parts thereof inconsistent with
this chapter, including, but not limited to, Local Law No. 6 of 1975
are hereby repealed.
It is hereby determined, pursuant to the provision of the State
Environmental Quality Review Act, 8 NYECL, § 0101 et seq.
and its implementing regulations, Part 617 Title 6 NYCRR, and that
the adoption of the local law is a Type II Action within the meaning
of § 617.5(c)(25), (26) and (33) of 6 NYCRR, and accordingly,
is of a class of actions which do not have a significant effect on
the environment: no further review is required.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
