[Amended 2-13-2008 by L.L. No. 1-2008]
This chapter shall be known and cited as the "Enforcement Procedures Law of the Town of Perinton."
[HISTORY: Adopted by the Town Board of the Town of Perinton 8-12-1976 as Ch. 80 of the 1976 Code. Amendments noted where applicable.]
[Amended 2-13-2008 by L.L. No. 1-2008]
The purpose of this chapter is to promote and protect the public health, welfare and safety of the Town of Perinton by providing a uniform means of enforcing the various codes, local laws, ordinances and regulations of the Town of Perinton and of any other county or state codes, local laws, ordinances or regulations which may be enforced by Town officers in the Town of Perinton exclusive of the incorporated Villages of Fairport and East Rochester.
[Amended 1-23-1985 by L.L. No. 2-1985; 2-13-2008 by L.L. No. 1-2008]
For the purpose of this chapter, certain terms and words used herein shall be defined as follows:
The Department of Public Works of the Town of Perinton.
Anything that is dangerous to human life or detrimental to health or welfare and shall include but not be limited to:
A public nuisance as known at common law, statutory law and in equity jurisprudence.
A property, including any building, structure, one-family dwelling, two-family dwelling, multiple dwelling, rooming house, commercial building, industrial building, storage building or vacant areas, or any combination thereof, that is in violation of any codes, local laws, ordinances and regulations.
Notwithstanding the availability of other remedies for enforcement of the provisions contained in the codes, local laws, ordinances and regulations of the Town of Perinton, and in any other state or local law, ordinance or regulation enforced by the Department, the following remedies and enforcement procedures as set forth in this chapter are made available to enforce the provisions of the aforesaid enumerated codes, local laws, ordinances and regulations, and shall be deemed cumulative to other enforcement procedures and remedies.
[Amended 1-23-1985 by L.L. No. 2-1985]
A.
Notwithstanding the powers of other town officers to enforce the provisions of the various codes, local laws, ordinances and regulations of the Town of Perinton as set forth therein, the provisions of this chapter for the enforcement of the codes, local laws, regulations and ordinances of the Town of Perinton and of any other state or local laws, ordinances or regulations enforced by the Town of Perinton shall be enforced by the Town Supervisor or his designee.
B.
The Town Supervisor or his designee, in enforcing the provisions of the codes, local laws, ordinances and regulations of the Town of Perinton and of any other state or local laws, ordinances or regulations enforced by him pursuant to this chapter, shall have the power to enter, examine and inspect or cause to be examined and inspected and to investigate or cause to be investigated vacant lots, yards, courts and buildings in this town to determine which are in violation of any code, local law, ordinance and regulations and/or threaten the safety, health, comfort and general welfare of the inhabitants of the town.
[Amended 2-12-1997 by L.L. No. 2-1997; 2-13-2008 by L.L. No. 1-2008]
A.
Any person who, having been served with a notice or order to remove any violation of either the Code, local laws, ordinances or regulations of the Town of Perinton, or any nuisance, fails to comply therewith within the time fixed by the Department, shall be guilty of any offense punishable by either § 115-6A(1) or (2) below.
(1)
Fines and imprisonment.
(a)
For conviction of the first offense, a violation, with a fine not exceeding $350 or imprisonment for a period not exceeding seven days, or both.
(b)
For conviction of the second offense, both of which are committed within a period of five years, a misdemeanor, with a fine not less than $350 nor more than $700 or imprisonment for a period of time not to exceed six months, or both.
(c)
For a conviction of a third or subsequent offense, all of which were committed within a period of five years, a misdemeanor, with a fine of not less than $700 nor more than $1,500 or imprisonment for a period not exceeding six months, or both.
(2)
By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.[1]
[1]
Editor's Note: See Uniform Justice Court Act § 101 et seq.
B.
Any person who, having been served with a notice or order to remove any violation of the New York State Uniform Fire Prevention and Building Code and/or the New York State Energy Conservation Construction Code, fails to comply therewith within the time fixed by the Department shall be guilty of any offense punishable by either § 115-6B(1) or (2) below:
(1)
Fines and imprisonment.
(a)
For conviction of the first offense, a violation, with a fine not exceeding $550 or imprisonment for a period not exceeding seven days, or both.
(b)
For conviction of the second offense, both of which are committed within a period of five years, a misdemeanor, with a fine not less than $750 nor more than $1,000 or imprisonment for a period of time not to exceed six months, or both.
(c)
For a conviction of a third or subsequent offense, all of which were committed within a period of five years, a misdemeanor, with a fine of not less than $1,000 nor more than $1,500 or imprisonment for a period not exceeding six months, or both.
(2)
By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
C.
Each week's continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
D.
The term "person" as used in this section shall include the owner, occupant, mortgagee or vendee in possession, operator, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the premises or part thereof.
A.
When nuisance or violation declared. Whenever the Supervisor or his designee shall declare that any property, including the buildings, structures, signs or other appurtenances thereon, shall be in violation of any of the codes, rules, regulations, ordinances or local laws of the Town of Perinton, the New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Construction Code or constitute a nuisance, he shall as a courtesy issue a notice of violation of an appearance ticket or order to remedy to the property owner or occupier in control of or in possession of such property, specifying the code, rule, regulation, ordinance or local law being violated and the facts constituting such violation either in person or by first class mail. Where such nuisance or violation constitutes an immediate threat to the health, safety and welfare of the public, a verbal order to remedy immediately shall suffice as notice. If an individual or property is a persistent violator, more than once in 24 months, no courtesy notice will be issued.
[1]
Editor's Note: Former Subsection A(2), which immediately followed this subsection, was repealed 2-12-1997 by L.L. No. 2-1997.
B.
When nuisance or violation not removed.
[Amended 1-23-1985 by L.L. No. 2-1985]
(1)
If such nuisance or violation is not removed by the owner or the occupier in control of or in possession of such property, such violator shall be prosecuted in the Town Court of the Town of Perinton.
(2)
If the violator or any other person or party interferes with or causes delay to the taking of corrective action by the town, the Supervisor or his designee may cause such property, including the buildings, structures, signs or other appurtenances thereon, in whole or in part, to be vacated and sealed or vacated and demolished, but only after such permission shall have been granted by the Supreme Court upon proper notice to the owner or occupier of such property and any others deemed appropriate parties to receive such notice.
C.
When removal of nuisance or violation ordered.
(1)
If the Supervisor or his designee proceeds to execute a notice or order issued by him or by the court for the removal of a nuisance or violation, the Supervisor or his designee may let contracts therefor. The cost of executing such notice or order or orders, whether or not carried out pursuant to court order, may be met from any appropriations made therefor, or if such appropriation has not been made or is insufficient, from the proceeds of the sale of obligations pursuant to the Local Finance Law. The Supervisor or his designee shall keep a record of such notices and orders together with the acts done and items of cost incurred in their execution.
[Amended 1-23-1985 by L.L. No. 2-1985]
(2)
The cost of executing such notice or order or orders for the removal of a nuisance or violation shall be assessed to the owner of record of said premises.
(3)
Notwithstanding the foregoing and in addition to any other remedy available, the Supervisor or his designee may maintain an action against the owner to recover the cost of executing such notice or order or orders.
[Amended 1-23-1985 by L.L. No. 2-1985]
D.
The term "owner" as used in this section shall include any person, firm or corporation, directly or indirectly, in control of the property or any buildings thereon or part thereof.
[Amended 1-23-1985 by L.L. No. 2-1985; 2-13-2008 by L.L. No. 1-2008]
Any appearance ticket issued pursuant to this chapter shall be served upon the alleged violator in person, or upon a person of suitable age and discretion on such property, and if not in person, such notice, order or appearance ticket shall be posted in a conspicuous place upon the premises affected and a copy thereof mailed to the alleged violator or party to be charged by first class mail on the same day, to the affected premises or, if not appropriate, then to the last known address of the party to be charged.
Whenever the Commissioner of Public Works shall determine, pursuant to § 115-7 hereof, that any property or building thereon constitutes a nuisance, and after having followed the provisions of said section, determines that the removal of the nuisance requires grading or filling of the property or the demolition of any building, or part of any building thereon, the Commissioner of Public Works shall cause to be issued a second order which would require grading, filling or demolition of the same, addressed to the property owner and served in the manner pursuant to § 115-8 of this chapter. If the owner fails to comply with such order of demolition within 15 days after service upon him of said order, upon notice to the property owner, mortgagees, tenants and lienors, the Town Attorney, Deputy Town Attorney or attorney retained by the town shall present said order to grade, fill or demolish and the records and papers of all prior proceedings upon which said order is based before the Justice holding a special term of the Supreme Court for the County of Monroe for review of said determination and confirmation thereof, at which time the Court may either annul or confirm, wholly or partly, or modify the determination reviewed.
The provisions of this chapter shall not be deemed to modify or otherwise affect or be in substitution for any provision of any law or other provisions of the Code of the Town of Perinton but shall be cumulative thereto.