[Amended 4-19-2004 by L.L. No. 7-2004; 9-7-2004 by L.L. No. 32-2004]
This chapter shall be entitled “A Local Law Creating a New Chapter
34 Providing for a Due Process Hearing Pursuant to §
143-13, Littering; §
191-12, Removal of snow or ice; §
209-5, Abandoned vehicles; §
203-7, Responsibility for maintenance of premises; and §
219-34.1, Water rates, charges and penalties.”
The intent and purpose of this chapter are to
provide property owners in the City of Beacon with an opportunity
to request a hearing once it is determined that said property owner
owes money to the City pursuant to one of the above-mentioned sections
and to set up procedures to be followed for conducting said hearings.
[Amended 4-19-2004 by L.L. No. 7-2004; 9-7-2004 by L.L. No. 32-2004]
Requests for hearings pursuant to §
143-13, Removal of litter from private property by City; §
191-12, Removal of snow or ice; §
209-5, Abandoned vehicles; §
203-7, Responsibility for maintenance of premises; and §
219-34.1, Water rates, charges and penalties, shall be in accordance with the following:
A. Once it is
determined that an amount is due pursuant to a lien from one of the
five Beacon City Code sections set forth above, the City shall send
a notice to all affected property owners advising them that the lien
amount will become part of the next tax bill. Property owners will
then have 10 days in which to make a written request for a hearing,
on a form to be provided by the City, and to pay the administrative
fee as set forth in the City of Beacon fee schedule.
[Amended 7-6-2010 by L.L.
No. 10-2010]
B. All such matters shall be referred to the City Court
Judge or the Acting or Assistant City Court Judge of the City of Beacon
City Court who are hereby appointed as hearing officers by the Mayor.
The matter shall be heard pursuant to the small claims procedures
set forth in the City Court Act of the State of New York.
C. The City Court Judge shall determine, as part of a
final decision, whether the property owner has prevailed so as to
entitle said property owner to reimbursement of the filing fee.