The proper maintenance of real properties within the Village
of Waterford 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 Waterford except in compliance
with the provisions of the Property Maintenance Code of the State
of New York.
In addition to the requirements of the provisions of the Zoning
Laws of the Village of Waterford, the New York State Uniform Fire Prevention and Building
Code, the New York State Property Maintenance Code or any other general
or local law, it shall be the duty of the owner of any premises in
the Village of Waterford to abate any condition in, on or about his
or her premises constituting a public nuisance or endangering the
public safety or health, to the extent that such condition poses an
imminent risk of:
A. Harm to members of the general public lawfully using the public streets,
sidewalks, alleyways and highways in the Village by rendering any
abutting public streets, sidewalks, alleyway or highway dangerous,
unsafe or physically or visually obstructed; or
B. Harm to the public health by the maintenance of any unsanitary condition
or the emission of any noxious fumes, vapors, discharges or odors.
Every person who shall violate any provision of this chapter
or the Property Maintenance Code of the State of New York in the Village
of Waterford shall be subject to a penalty of up to $250 per day 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 Section 109.1 of the Property
Maintenance Code of the State of New York, 19 NYCRR 1203.2 and the
Charter of the Village of Waterford the following enforced compliance
procedures are established:
A. If an owner or occupant of property in the Village of Waterford property
fails to maintain that property in keeping with the Property Maintenance
Code and thereby violates provisions of that code or maintains his
or her property in a way such as to create a public nuisance, or otherwise
is in violation of any local ordinance or state law, the Building
Inspector shall serve upon such owner or occupant 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. Service of such notice shall be deemed complete when mailed by first
class mail to the owner's or occupant's last known address.
C. A property owner or occupant, who disputes the notice of violation,
shall have the right to appear before the Village Mayor or his/her
designee within five business days after service of the above notice
to contest the violation claim.
D. If an owner occupant fails to contest a notice served pursuant to Subsections
A and
B and fails to correct the violation within five days of service of the notice, the Village and/or its agent may correct the violation.
E. If the owner or occupant contests the notice of violation, the Mayor
or his designee shall determine the validity of the notice of violation.
The owner or occupant will be given a second written notice if the
Village Mayor or his/her designee upholds the violation claim after
it is contested by the owner or occupant.
F. If an owner or occupant fails, neglects or refuses to comply with
the above notices within five business days of service of the notice,
the Village and/or its agent may correct the maintenance violation.
G. 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, plus an administrative
fee as set by resolution of the Village Board, within 30 days of a request for payment issued by the
Village for such maintenance compliance work and administrative fee.
[Amended 4-11-2018 by L.L. No. 1-2018]
H. Upon the failure of an owner or occupant to pay the above costs in accordance within the time frame identified in Subsection
F above, the Village Building Inspector shall certify such costs to the Village Clerk and or Treasurer, 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.
I. 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/her designee, the Village Treasurer
and the Village Building Inspector.