[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 4-14-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Appearance Tickets Law of the Village of Ellenville, New York."
The purpose of this chapter is to authorize certain public servants of the Village of Ellenville to issue appearance tickets pursuant to § 150.20 of the Criminal Procedure Law and Paragraph (a) of Subdivision 4 of § 10 of the Municipal Home Rule Law in order to more effectively administer and enforce certain provisions of the Village of Ellenville Code and state statutes.
The following public servants are hereby authorized and empowered to issue and serve appearance tickets, provided that the issuance thereof is made pursuant to any state statute, local law, ordinance, rule or regulation relating to parking, licensing of occupations and businesses, fire prevention and safety, health and sanitation and building, zoning and planning:
Any of the above public servants in the performance of his or her duties may issue and serve an appearance ticket when he or she has reasonable cause to believe that a person has committed a misdemeanor or has committed a petty offense, as defined in the Criminal Procedure Law, in his or her presence relating to any of the following subjects:
Chapter 70, titled "Building Construction and Fire Prevention" and the New York State Uniform Fire Prevention and Building Code.
Chapter 73, titled "Commercial Property Maintenance."
Any other state statute, local law, ordinance, rule or regulation the public servant is required or authorized to enforce.
Every appearance ticket that is issued pursuant to the provisions of this chapter shall include the following:
Name and address of party to whom the appearance ticket is issued, when known.
Citation of law and appropriate section or sections allegedly violated.
Place and date of alleged violation.
Place, date and times that the party is to appear in court and name of court.
Date of issuance of appearance ticket.
Title and signature of issuing officer.
[Added 7-10-2006 by L.L. No. 9-2006]
For the purpose of this article, the terms used herein are defined as follows:
- ACTION or PROCEEDING
- Any action or proceeding which may be instituted by a Code Enforcement Officer or Housing Inspector in the Justice Court of the Village of Ellenville in connection with an alleged violation of any of the local laws of the Village of Ellenville.
- Any improved real property located within the Village of Ellenville which, in whole or in part, is non-owner-occupied.
- A summons or any notice, mandate, appearance ticket or other paper or process issued under any provision of the Code of the Village of Ellenville.
- VILLAGE CLERK
- Either the Village Clerk or any Deputy Village Clerk of the Village of Ellenville.
Every owner of property or building located within the Village of Ellenville, except owners exempt under the provisions of Subsection C hereof, shall file:
A statement of designation, signed and verified in the office of the Village Clerk, setting forth the name and address, by street and number within the Village of Ellenville, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner.
A designation, signed and verified, of the Village Clerk, as the agent upon whom process against the owner may be served, and the post office address, within or without the Village of Ellenville, to which the Village Clerk may mail a copy of any process against such owner served upon the Village Clerk.
Whenever process is served upon the Village Clerk, she shall promptly mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process.
Any property owner who either resides in the Village permanently (year round), is a business owner who physically manages the business property on a regular basis in the Village, or whose employment brings the owner into the Village on a regular basis is exempt from the provisions of this article.
Attached to such statement and designation shall be a certificate properly certified by the owner that he is the owner of the building or premises with respect to which such statement or designation is filed.
Every owner of a building located within the Village of Ellenville, except those owners who qualify for exemption under the provisions of § 5-7 above, shall post, and keep posted, in a conspicuous place in a main public area in said building, a notice, at least six inches by eight inches in size, setting forth:
Exception. In the event that a building is:
Any person, firm or corporation who or which violates, disobeys, neglects or refuses to comply with any of the terms of this article shall be guilty of a violation and shall be subject to a fine of not more than $5,000 or imprisonment not to exceed 15 days, or both. Each week a violation continues shall be deemed a separate offense.