The Board of Trustees shall adopt such rules and regulations as may be deemed necessary for the enforcement of the provisions of this chapter.
A. 
Authorized. The enforcement officer is hereby authorized and directed to make inspections to determine whether the condition of dwellings, dwelling units and rooming units and premises located within the Village are in compliance with the requirements of this chapter.
B. 
Right of entry. For the purpose set forth in Subsection A and in order that he may perform his duty of safeguarding the health and safety of the occupants of such dwelling and the general public, the enforcement officer is hereby authorized to enter, examine and survey at reasonable times all dwellings, dwelling units and premises with the permission of the occupant and/or owner. However, such inspections shall be made upon request to the owner or manager and/or occupant of the premises to be inspected and at the convenience of such owner or manager and/or occupant. In the event that access to such dwelling or premises cannot be obtained by permission, the enforcement officer, if he has reason to believe that any part of said dwelling or premises is in violation of one or more of the provisions of this chapter, may apply to a Justice of the Supreme Court or any other court of competent jurisdiction of the State of New York, upon affidavit, for an order directing that said enforcement officer have access to said dwelling or premises for the purpose of making his inspection. Upon the granting of a court order, the enforcement officer shall thereupon proceed to make such inspection.
A. 
Contents and requirements of notice. Whenever the enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.
(1) 
Such notice shall:
(a) 
Be put in writing.
(b) 
Include a statement of the reasons why it is being issued with reference to the sections of this chapter deemed to be violated.
(c) 
Allow a reasonable time for the performance of any act it requires.
(d) 
Be served upon the owner or his agent and the occupant, as the case may require, either by registered or certified mail or by personal service.
(2) 
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
B. 
Hearing before hearing officer. Any person affected by any notice which has been issued to him in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the hearing officer, provided that such person shall file in the office of the enforcement officer a written petition requesting such a hearing and setting forth a brief statement of the grounds therefor at any time prior to the date set forth in the notice that the violation must be corrected. Upon receipt of such petition, the enforcement officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the enforcement officer shall have the burden of proving any violation alleged by him in the notice, and the petitioner shall be given an opportunity to be heard and show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 20 days after the date on which the petition was filed, provided that, upon application of the petitioner, the hearing officer may postpone the date of the hearing for a reasonable time beyond such twenty-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.
C. 
Sustention, modification or withdrawal of notice. After such hearing the hearing officer shall make an order sustaining, modifying or withdrawing the notice, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the hearing officer sustains or modifies such notice, it shall be deemed to be an order. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the hearing officer, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the enforcement officer within 20 days after such notice is served. Any notice served pursuant to Subsection A shall automatically become a final order if a written petition is not filed in the office of the enforcement officer as provided in Subsection B.
D. 
Proceedings to be recorded. The proceedings at such hearing, including the findings and decision of the enforcement officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the enforcement officer. Such record shall also include a copy of every notice or order issued in connection with the matter.
E. 
Appeals to Board of Trustees. Any person aggrieved by the decision of the enforcement officer after a hearing before the hearing officer where an order is made may seek relief therefrom by appealing to the Board of Trustees.
F. 
Existence of emergency; hearing without notice; issuance of order. Whenever the enforcement officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice, request an immediate hearing before the hearing officer, and the hearing officer may issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the enforcement officer, shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the hearing officer shall continue such order in effect or modify it or revoke it.
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
A. 
Generally. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the enforcement officer:
(1) 
One which, by reason of its failure to comply with the requirements of this chapter, is so damaged, decayed, dilapidated, insanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) 
One which lacks illumination, ventilation or sanitation required by this chapter so as to adequately protect the health or safety of the occupants or of the public.
B. 
Vacation of premises. Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the enforcement officer shall be vacated within such time as ordered by the hearing officer.
C. 
Removal of defects required. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the enforcement officer. The enforcement officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
D. 
Defacing or removing placard. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C.
E. 
Notice of condemnation; hearing. No such dwelling shall be placarded as unfit for human habitation until at least 10 days after written notice of its condemnation has been given by the enforcement officer, pursuant to § 160-8, to the owner and occupants of such dwelling and, if a hearing shall be requested by any such persons within such twenty-day period, until a hearing has been held before the hearing officer and a finding has been made after such hearing affirming the determination of the enforcement officer.
A. 
Issuance. Upon request of the property owner, or on his own initiative if there is no request, the enforcement officer shall issue a certificate of compliance setting forth that on the date of said certificate the building in question complied with all the terms and requirements of this chapter. In the event that said premises do not comply with the terms and requirements of this chapter, the enforcement officer shall issue a written statement setting forth in what manner the terms and requirements of this chapter are violated.
B. 
Effect of failure or refusal to issue. The failure or refusal of the enforcement officer to issue a certificate of compliance or a statement setting forth the manner in which the premises do not comply with the terms and requirements of this chapter shall permit the owner to a hearing before the hearing officer.
[Amended 2-26-2019 by L.L. No. 7-2019]
Any violation of any provision of this chapter or any provision of any rule or regulation adopted by the enforcement officer pursuant to authority granted by this chapter shall be deemed a violation, and any person found guilty thereof shall be liable to a fine a minimum of $500 or $10 per day per violation, whichever is greater or to imprisonment not to exceed one year, or to both such fine and imprisonment, and each day's failure to comply with such provision, rule or regulation shall constitute a separate violation.