[Amended 6-6-1985 by L.L. No. 4-1985; 9-10-1998 by L.L. No.
5-1998; 4-5-2012 by L.L. No. 5-2012; 5-1-2014 by L.L. No. 6-2014]
A. The owner of any dangerous building or of any substandard
building who, after the date of the adoption of this chapter, knowingly
permits such dangerous building or substandard building to be used
for human occupancy or who shall fail to comply with any order of
the Village Board to repair or remove said building or otherwise make
it comply with the standards set forth in this chapter shall be guilty
of an offense against this chapter and, upon conviction thereof, shall
be punishable by a fine of not less than $250 nor more than $1,000
or by imprisonment for a period not to exceed 15 days, or both, for
conviction of a first offense; by a fine not less than $2,500 nor
more than $5,000 or by imprisonment for a period not to exceed 15
days, or both, for a conviction of a second offense, both of which
offenses were committed within a period of five years; and by a fine
not less than $5,000 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both, upon conviction for a third
or subsequent offense, all of which offenses were committed within
a period of five years.
B. Such fines shall be collected as like penalties are
now by law collected.
C. In any prosecution under this section, the fact that
any dangerous building or substandard building, or any part of either
of said buildings, was used for human occupancy shall be presumptive
evidence that the same was so used with the knowledge and consent
of the owner.
D. Any person removing the notice provided for in Article
VIII, §
83-15G hereof shall be guilty of disorderly conduct and shall be a disorderly person and, upon conviction thereof, shall be fined not exceeding $250 for each offense.
E. All penalties collected under this chapter shall be
the property of the Village, but no provision of this chapter shall
be construed to prohibit the Village from creating and maintaining
out of such penalties a separate revolving fund, not to exceed the
sum of $10,000, out of which payment may be made for repairs or removals
made or caused to be made as provided herein.
The Village Counsel shall:
A. Prosecute all persons failing to comply with the terms of the order provided to be given under §
83-16D.
B. Prosecute all persons who shall in any way violate
the terms of this chapter.
C. Appear at all hearings before the Village Board in
regard to dangerous buildings and substandard buildings.
D. In his discretion bring suit to collect all municipal
liens, assessments or costs incurred by the Village for repairing
or causing to be removed dangerous buildings or in repairing or causing
to be removed substandard buildings.
E. Take such other legal action as is necessary to carry
out the terms and provisions of this chapter, including actions to
abate nuisances, or for the enforcement of this chapter by injunction
or otherwise.
All notice or orders required to be given hereunder
may be served by delivering to and leaving a copy of the same with
the person entitled to such notice. In case where any such person
is absent from the Village, all notices or orders provided for herein
shall be sent by registered mail to said person, so absent, to the
last known address of said person or to the last address of said person
as shown by the records of the Receiver of Taxes and/or in the office
of the County Clerk of Nassau County. Whenever such service is made
by registered mail, a copy of such notice or order shall also be posted
in a conspicuous place on the front of said dangerous building or
substandard building to which it relates. Such mailing and posting
shall be deemed adequate service.