[HISTORY: Adopted by the Town Board of the Town of Chautauqua 9-22-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
This chapter shall be known and cited as the "Enforcement Procedures Law" of the Town of Chautauqua.
The purpose of this chapter is to promote and protect the public health, welfare and safety of the Town of Chautauqua by providing a uniform means of enforcing various codes, local laws, ordinances and regulations of the Town of Chautauqua and any other county or state codes, local laws, ordinances and regulations of the Town of Chautauqua which may be enforced by Town officers in the Town of Chautauqua without the boundaries of the Village of Mayville.
As used in this chapter, the following terms shall have the meaning indicated:
Editor's Note: See Ch. 82, Unsafe Buildings.
Notwithstanding the availability of other remedies for enforcement of the provisions contained in the codes, local laws, ordinances and regulations of the Town of Chautauqua, and in any other state or local law, ordinance or regulation enforced by the Code Enforcement Officer, the following remedies and enforcement procedures as set forth in this chapter are made available to enforce the provisions of the aforesaid enumerated codes, local laws, ordinances and regulations, and shall be deemed cumulative to other enforcement procedures and remedies.
Notwithstanding the powers of other Town officers to enforce the provisions of the various codes, local laws, ordinances and regulations of the Town of Chautauqua as set forth therein, the provisions of this chapter for the enforcement of the codes, local laws, regulations and ordinances of the Town of Chautauqua, and of any other state or local laws, ordinances or regulations enforced by the Town of Chautauqua, shall be enforced by the Code Enforcement Officer or his designee.
Any person who, having been served with a notice or order to correct a violation of the code, local laws, ordinances or regulations of the Town of Chautauqua, fails to comply therewith within the time fixed by the Code Enforcement Officer or his designee shall:
Be deemed to have committed a violation, as provided in the Penal Law, and shall be punished for each violation by a fine not exceeding $250, a term of imprisonment not to exceed 15 days, or by both such fine and imprisonment.
Be subject to a civil penalty, payable to the Town of Chautauqua, of not less than $50 nor more than $250 for each violation, which penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
Be subject to an action or proceeding by the Town of Chautauqua in any court of competent jurisdiction to compel compliance with or to restrain violation of any provision of this law by injunction or other equitable relief, such equitable remedy to be in addition to any other penalties otherwise prescribed in this or any other law.
For purposes of this section, each week, or part thereof, that a violation continues will constitute a separate violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
The term "person" as used in this section shall include the owner, occupant, mortgagee or vendee in possession, operator, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the premises or part thereof.
When violation declared. Whenever the Code Enforcement Officer or his designee shall declare that any property, including the buildings, structures, signs or other appurtenances thereon, shall be in violation of any of the codes, rules, regulations, ordinances or local laws of the Town of Chautauqua, he shall issue a notice of violation to the person, property owner or occupier in control of or in possession of such property, specifying the code, rule, regulation, ordinance or local law being violated, outlining the facts constituting such violation and the manner in which it must be corrected, and the date by which the violation must be corrected.
When violation not corrected. If such violation is not timely corrected by the person or persons who received such notice, the Code Enforcement Officer or his designee shall have the authority to issue an appearance ticket for said violation, which shall be prosecuted in the Town Justice Court of the Town of Chautauqua.
When removal of violation ordered.
If the Code Enforcement Officer or his designee proceeds to execute a notice or order issued by him or by the court for the removal of violation, the Code Enforcement Officer or his designee may let contracts therefor. The cost of executing such notice or order or orders, whether or not carried out pursuant to court order, may be met from any appropriations made therefor or, if such appropriation has not been made or is insufficient, from the proceeds of the sale of obligations pursuant to the Local Finance Law. The Code Enforcement Officer shall keep a record of such notices and orders together with the acts done and items of cost incurred in their execution.
The Code Enforcement Officer shall ascertain the cost of the proceeding and the costs of removal, and such costs shall be charged and assessed against the owner of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
Notwithstanding the foregoing and in addition to any other remedy available, the Code Enforcement Officer or his designee may maintain an action against the owner to recover the cost of executing such notice or order or orders.
The term "owner" as used in this section shall include any person, firm or corporation, directly or indirectly, in control of the property or any buildings thereon or part thereof.
Any notice, order or appearance ticket issued pursuant to this chapter shall be served upon the alleged violator in person, or upon a person of suitable age and discretion on such property, and if not in person, such notice, order or appearance ticket shall be posted in a conspicuous place upon the premises affected and a copy thereof mailed to the alleged violator or party to be charged by first class mail on the same day, to the affected premises or, if not appropriate, then to the last known address of the party to be charged.
The provisions of this chapter shall be in addition to and shall supplement any and all other laws now or hereafter enacted which apply to the subject matter of this chapter. Where a provision of this chapter is found to be in conflict with any provision of any and all laws now or hereafter enacted which apply to the subject matter of this chapter, the provision which is more restrictive or which establishes the higher standard shall prevail when legally permissible.