[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-11-1988 by L.L. No. 9-1988. Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter as the "Property Ownership Registration Law."
It is the intention of the Village Board of the Village of Montebello, by the adoption of this chapter, to promote the public health, safety and welfare of its people by enforcing its zoning laws and regulations of properties owned by persons residing outside the jurisdiction of the Village of Montebello.
For the purposes of this chapter, the following terms shall have the following meanings:
- ACTION or PROCEEDING
- Any action or proceeding which may be instituted in the Justice
Court of the Village of Montebello in connection with the alleged
violation of any ordinance or local law of the Village of Montebello
or of the laws of the State of New York.[Amended 6-20-2012 by L.L. No. 2-2012]
- Any individual or individuals, partnership, association or corporation, who is the fee owner of property or who is the lessee of land, which lease has a duration of more than five years. (Such five-year period shall include any and all extensions contained in the lease agreement.)
- Any individual, corporation, partnership, association or other organized group of persons, municipality or other legal entity.
- A summons or any notice, mandate or other paper or process, issued under any provision of the laws of the Village of Montebello or the laws of the State of New York.
- Real property located within the Village of Montebello, either unimproved or improved by a structure consisting of other than a single-family residence.
Each owner of property within the Village of Montebello, as herein defined, who shall reside or have its principal place of business outside the confines of the Village of Montebello shall be required to file with the Building Department of the Village of Montebello, on a form to be prescribed by the Village of Montebello, the name, address and telephone number of an individual authorized to act on behalf of the owner in matters concerning the management and operation of the property of the owner, in relation to the Village of Montebello, including but not limited to the acceptance of service of notices and process.
The individual designated in Subsection A above shall reside in Rockland County. This individual shall, by such designation, be authorized to bind the owner to any settlement, fine, judgment or other disposition, other than incarceration, which may result from any civil or criminal action or proceeding instituted by the Village of Montebello against said owner.
It shall be unlawful for any person to violate any provision of this chapter, whether he has any knowledge of or intends any violation of said chapter.
The designation hereinabove described shall be required to be filed annually and no later than January 31 of any given calendar year.
Any change in ownership of any property, as defined herein, shall necessitate the filing with the Building Department of a new designation, if the same is required under this chapter, within 30 days after such change.
The Building Inspector shall have the power, right and authority to issue process for violations of this chapter.
Should any person fail to comply with the provisions of this chapter, then said person will be subject to the penalties hereinafter set forth. Process setting forth notice of the failure and the liability resulting thereby will be served in any one of the following manners:
By personal service upon the owner of said land, as the same is shown on the last complete assessment roll of the Town of Ramapo; or upon the person designated per § 135-4A;
By mailing to such owner, as shown on the assessment roll, or upon the person designated per § 135-4A, by certified or registered mail, return receipt requested, a copy of said notice and order and by securing or affixing a copy of said notice and order upon the structure; or
By delivery of a copy thereof to any adult person in charge of or residing in said structure and by securing or affixing a copy of said notice and order upon the same.
Any person violating any section or provision of this chapter shall, upon conviction, be punished by a fine of not exceeding $500 for the first offense, $1,000 for the second offense within a two-year period and $2,000 for the third and subsequent offenses within a two-year period.
[Amended 6-22-2005 by L.L. No. 4-2005]
The remedies contained within this chapter shall further not be exclusive, but shall be in addition to any other remedy provided by law, so long as not inconsistent herewith, nor shall the invoking of any remedy or procedure contained within this chapter preclude the pursuit of any and all other remedies, and the same are intended to be cumulative.
[Amended 6-22-2005 by L.L. No. 4-2005]
Should the aforesaid penalties not be paid within 30 days of being assessed, and after notice of said failure is served as provided in § 135-6 hereinabove, then the property covered by this chapter will be assessed for the unpaid penalties and the penalties so assessed shall be collected in the same manner and time as Village taxes.