[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 7-12-2005
by L.L. No. 6-2005. Amendments noted where applicable.]
Proper maintenance of real properties within the Village of Scarsdale
is essential to protect the safety, health and well-being of persons living
and working within the Village.
In keeping with the above purpose, no building or structure shall be
maintained in the Village of Scarsdale except in compliance with the provisions
of the Property Maintenance Code of the State of New York.
Every person who shall violate any provisions of the Property Maintenance Code of the State of New York in the Village of Scarsdale shall be subject to the penalties provided in § 1-14 of the Scarsdale Village Code for each violation of the above code. Each and every day that such violation continues shall constitute a separate offense.
Pursuant to the authority provided in Sections 106 and 302 of the Property
Maintenance Code of the State of New York, the following enforced compliance
procedures are established:
A.
If an owner or occupant of such property fails to maintain
that property in keeping with the Property Maintenance Code and thereby violates
provisions of that code, the Building Inspector shall serve upon such owner
or occupant by certified mail, return receipt requested, and by ordinary mail
at the owner's or occupant's last known address, a written notice
of violation and an order to correct, requiring the owner or occupant to remedy
such failure and comply with the code provisions.
B.
A property owner or occupant, who disputes the notice
of violation, shall have the right to appear before the Village Manager within
five days after service of the above notice to contest the violation claim.
C.
The owner or occupant will be given a second written
notice if the Village Manager upholds the violation claim after it is contested
by the owner or occupant.
D.
If an owner or occupant fails, neglects or refuses to
comply with the above notices within 10 days of service of the notice, the
Village and/or its agent may correct the maintenance violation.
E.
In a case where the Village has corrected the maintenance
violation in response to a property owner's or occupant's failure
to comply, that owner or occupant shall pay to the Village the costs of such
maintenance compliance performed by the Village within 30 days of a request
for payment issued by the Village for such maintenance compliance work.
F.
Upon the failure of an owner or occupant to pay the above
costs, the Village Superintendent of Public Works shall certify such costs
to the Assessor of the Village, and thereupon such costs shall become and
be a lien upon the land involved and shall be added to and shall become a
part of the property taxes next to be assessed and levied upon such land and
shall bear interest at the same rate as and be collected and enforced in the
same manner as taxes. The provisions of this section with respect to costs
shall be in addition to any penalty imposed for violation of or noncompliance
with any provision of this article.
G.
The owner or occupant shall have an opportunity to contest
the compliance costs and request for payment issued by the Village upon written
request made within 10 business days of the request for payment being issued
by the Village. The owner or occupant shall appear before a panel composed
of the Village Manager or his designee, the Village Treasurer and the Village
Assessor.
