[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Neck 8-26-1996 by L.L. No. 2-1996. Amendments noted where
applicable.]
[Added 1-5-1998 by L.L. No. 1-1998]
As used in this chapter, the following terms
shall have the meanings indicated:
A structure wholly or partly enclosed within exterior walls
or within exterior or party walls and a roof, affording shelter to
persons, animals or property.
A building or structure which is structurally unsound, unsanitary
or not provided with adequate ingress or egress or which constitutes
a fire hazard or which has become unsafe by reason of damage by fire,
the elements, age or general deterioration or which, in relation to
an existing use, constitutes a hazard to public health, safety or
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment or which is otherwise dangerous to human life.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A.Â
Upon any written and signed report to the Board of
Trustees informing the Board that any person is in violation of the
provisions of any law, rule or ordinance of any municipal authority
having jurisdiction over property within the Incorporated Village
of Hewlett Neck, the Village Clerk shall cause an investigation to
be made.
B.Â
The results of such investigation shall be reported
to the Board of Trustees, in writing.
A.Â
Where such investigation report demonstrates to the
satisfaction of the Board of Trustees that an immediate hazard to
public health or safety exists because of an apparent violation of
any applicable law or ordinance, the Board of Trustees may direct
that the owner and/or person in control of the property where the
violation is alleged to exist, or the person or persons who are alleged
to have committed said violation, appear before the Board of Trustees,
at a designated time and place, at least five days after the date
of such notice, to show cause why it should not be determined that
a violation of this chapter exists and why such owner and/or person
should not be required to remove such violation at the expense of
such owner and/or person.
B.Â
After such owner and/or person is given such opportunity
to show cause, and if the Board of Trustees determines that a violation
of law exists, the Board of Trustees may direct that notice be given
to such owner and/or person, directing such owner and/or person to
remove or cure said violation within the period of time specified
in such notice, and further notifying such owner and/or person that
in the event of noncompliance with such direction, the provisions
of this chapter shall be applicable.
C.Â
Service of any notification provided in this section
may be made upon such owner, an agent of such owner and/or such person
by personal delivery or by certified mail, return receipt requested,
addressed to such person at the last known address for such person,
and if no such address is known, at the address of the property.
Any person served with a notice or direction
to remove or cure a violation pursuant to this chapter shall comply
with such notice within the period of time specified in such notice.
In the event that any person fails to comply
with the requirements of any notice or direction given as provided
in this chapter, the Board of Trustees may authorize appropriate work
to be performed, or services to be rendered, to remove or cure the
specified violations and may pay the cost thereof from general funds
of the Village appropriated by the Board of Trustees for such service.
A.Â
The Village shall be reimbursed for the cost of the
work performed or the services rendered, as herein provided, including
the cost of any professional services required by the Village for
compliance with the provisions of this chapter and any and all other
expenses incurred by the Village for compliance with the provisions
of this chapter, and including reasonable attorney's fees.
[Amended 1-5-1998 by L.L. No. 1-1998]
B.Â
Such reimbursement shall be made by the owner of the
property upon which such work was performed or services provided.
C.Â
In the event that such reimbursement is not made within
30 days after demand, the amount so unpaid shall be included as an
additional assessment against the property in the same manner as taxes
due to the Village, in the manner provided by law.
The provisions of this chapter shall be in addition
to any other penalty or fine prescribed for any violation of a law
or ordinance of the Village.
A.Â
Except as otherwise provided herein, the penalties
provided in this chapter shall be applicable to any violation of any
law, ordinance or regulation of the Village of Hewlett Neck, affecting
the public health and safety, committed within said Village.
B.Â
All violations existing with said Village shall be
deemed to be continuing violations.
C.Â
All orders and or costs imposed by the Village of
Hewlett Neck shall be in addition to, and not in lieu of, any fines
or penalties imposed pursuant to any other law or ordinance.
