[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:
B.
Chapter 70, titled "Building Construction and Fire Prevention" and the New York State Uniform Fire Prevention and Building Code.
D.
Chapter 73, titled "Commercial Property Maintenance."
N.
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:
A.
Name and address of party to whom the appearance ticket
is issued, when known.
B.
Citation of law and appropriate section or sections allegedly
violated.
C.
Place and date of alleged violation.
D.
Place, date and times that the party is to appear in
court and name of court.
E.
Date of issuance of appearance ticket.
F.
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:
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.
Either the Village Clerk or any Deputy Village Clerk of the Village
of Ellenville.
A.
Every owner of property or building located within the Village of Ellenville, except owners exempt under the provisions of Subsection C hereof, shall file:
(1)
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.
(2)
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.
B.
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.
C.
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.
A.
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:
B.
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.