It shall be unlawful for any owner to construct, alter, repair,
remove, move, demolish, equip, use, occupy or maintain any building,
lot of record or structure or portion thereof in violation of any
provisions of the codes and/or this chapter, or fail in any manner
to comply with any notice, directive or order of the Code Enforcement
Officer or to construct, alter or use and occupy any building, lot
of record or structure or part thereof in a manner not permitted by
the codes and/or this chapter.
Any condition caused or permitted to exist in violation of any
of the provisions of the codes and/or this chapter shall be deemed
a public nuisance and shall be abated as such by the owner in accordance
with the codes and/or this chapter.
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 building, structures, or premises in violation of the codes
or this chapter. An order to remedy shall be in accordance with the
following:
B. Include a description of the lot of record sufficient for identification.
C. Shall specify the condition and/or activity that violates the codes
and/or this chapter.
D. Shall specify the provision(s) of the codes and/or this chapter which
is/are violated by the specified condition and/or activity.
E. Shall include a statement substantially similar to the following:
"The person or entity served with this order to remedy must completely
remedy each violation described in this order to remedy by _____ (specify
date), which is 30 calendar days after the date of this order to remedy."
F. May include provisions ordering the person or entity served with
this order to:
(1)
Begin to remedy the violation(s) described in the order to remedy
immediately or within some other specified time which may be less
than 30 days; to continue diligently to remedy such violation(s) until
each violation is fully remedied; and, in any event, to complete the
remedying such violation(s) within 30 days of the date of this order;
and/or
(2)
Take such other protective actions such as but not limited to
vacating the building which are authorized by this chapter or by any
other law, and which the Code Enforcement Officer may deem appropriate,
during the period while such violation(s) are being remedied.
G. Inform the owner of the right to appeal.
H. Include a statement of any applicable penalties and the right to
file a lien in accordance with this chapter.
I. Shall be dated and signed by the Code Enforcement Officer.
The Code Enforcement Officer shall cause the order to remedy,
or a copy thereof, to be served on the owner of the affected lot of
record within five business days after the date of this order. An
order to remedy shall be deemed to be properly served if a copy thereof
is:
A. Delivered to the owner personally; or
B. Sent by certified mail addressed to the owner at the last known address
with the return receipt requested; or
C. If this order is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the lot of record and/or structure located therein that is affected
by this order.
An order to remedy issued or served as provided by this article
shall be complied with by the owner, operator, occupant or other person
responsible for the condition of violation to which the order to remedy
pertains.
The Code Enforcement Officer has the authority to enter into
a written voluntary compliance agreement with the owner to gain voluntary
compliance in correcting a 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 the violation
during the time allowed in the voluntary compliance agreement for
the completion of the necessary corrective action. The Code Enforcement
Officer shall take no further action concerning the violation if all
terms of the voluntary compliance agreement are satisfied, other than
steps necessary to terminate the waiver. 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 violation that gave rise to the voluntary
compliance agreement.
A. General. The Code Enforcement Officer is authorized to issue appearance
tickets for any violation of the codes or this chapter upon obtaining
authorization by the Town Board as required by § 65 of the
Town Law of NYS, as currently in effect and as hereafter amended from
time to time, or any successor rules, regulations or statutes. This
appearance ticket shall comply with § 150.10 of the Criminal
Procedures Law of NYS, as currently in effect and as hereafter amended
from time to time, or any successor rules, regulations or statutes.
B. Supporting deposition. Notwithstanding any provision of law to the
contrary, where a person is served with an appearance ticket, such
appearance ticket shall contain the language, set forth in Subdivision
(4) of § 100.25 of the Criminal Procedures Law of NYS, as
currently in effect and as hereafter amended from time to time, or
any successor rules, regulations or statutes, notifying the person
of his/her/their right to receive a supporting deposition.
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 the codes, this chapter, or any term or condition of any building
permit, certificate of compliance and/or occupancy, temporary certificate,
stop-work order, operating permit, order to remedy, or other notice
or order issued by the Code Enforcement Officer pursuant to any provision
of this chapter. In particular, but not by way of limitation, where
the construction or use of a building or structure is in violation
of any provision of the codes, this chapter, or any stop-work order,
order to remedy or other order issued under or permit or certificate
obtained pursuant to the codes or this chapter, an action or proceeding
may be commenced in the name of this Town, in the Supreme Court or
in any other court having the requisite jurisdiction, to obtain an
order directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this section shall be commenced without the appropriate
authorization from the Town Board.
If the order to remedy 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 building, structure and/or use in violation of the
provisions of this chapter or of the order or direction made pursuant
thereto.
A. Civil penalty. Any person who undertakes any action regulated by
this chapter, or who violates, disobeys or disregards any provision
of this chapter, shall be liable to the Town for a civil penalty not
to exceed $300 per day for every such violation. Each offense shall
be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Town.
B. Criminal penalty. Any violation of any part of this chapter shall
constitute a violation as defined in the Penal Law of NYS and shall
be punishable by a fine not to exceed $250 or 15 days' imprisonment,
or both such fine and/or imprisonment. Each offense shall be a separate
and distinct offense, and, in the case of a continuing offense, each
day's continuance thereof shall be deemed a separate and distinct
offense. The criminal penalties provided by this subsection shall
be recoverable in an action instituted in the name of this Town.
C. Restoration. A court of competent jurisdiction may order or direct
a violator to restore the affected land to its condition prior to
the offense, insofar as that is possible. The court shall specify
a reasonable time for the completion of such restoration, which shall
be under the inspection of the Code Enforcement Officer.
No remedy or penalty specified in this article shall be the
exclusive remedy or penalty available to address any violation described
in this article, and each remedy or penalty specified in this article
shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified in this article, in
any other section of this chapter, or in any other pertinent law.
Any remedy or penalty specified in this article may be pursued at
any time, whether prior to, simultaneously with, or after the pursuit
of any other remedy or penalty specified in this article, in any other
section of this chapter, or in any other pertinent law. In particular,
but not by way of limitation, each remedy and penalty specified in
this article shall be in addition to, and not in substitution for
or limitation of, the penalties specified in § 382 of the
Executive Law of NYS as currently in effect and as hereafter amended
from time to time or any successor rules, regulations or statutes,
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 § 382 of the Executive Law of
NYS, as currently in effect and as hereafter amended from time to
time, or any successor rules, regulations or statutes.