[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:
The New York State Uniform Fire Prevention and Building Code, Chapter 78, Flood Damage Prevention, of this Code, Chapter 86, Junkyards, of this Code, Chapter 143, Zoning, of this Code and other county, state or local laws and regulations enforced by the Town Code Enforcement Officer, except Chapter 54, Animals, Article I, Dogs, of this Code, Chapter 130, Vehicles and Traffic, of this Code, Chapter 62, Buildings, Unsafe, of this Code and Chapter 116, Solid Waste, of this Code.
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.
A.
Any person who, having been served with a notice or
order to correct a violation of the codes, 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:
(1)
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.
(2)
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.
(3)
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
When removal of violation ordered.
(1)
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.
(2)
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.
(3)
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.
D.
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.
