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City of Batavia, NY
Genesee County
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Table of Contents
Table of Contents
Where there has been no history of exterior code violations and/or enforcement action regarding exterior code violation within the last 24 months, the standard code enforcement policy will apply. "Standard code enforcement" refers to administration of Chapter 55 of this code and enforcement of the New York State Building Code, Subchapter F, Housing Maintenance.
A. 
Repeat violators are defined as owners with a past history of uncorrected exterior code violations. Repeat violators are owners of record who, in the last 24 months:
(1) 
Have been issued two notices of violation that have not been corrected within prescribed time frames regarding any exterior code enforcement violation for any property owned by the repeat violator; and/or
(2) 
Are continuously in violation of City codes for three months or more following the expiration of a notice of exterior code violations for a specific property.
B. 
The twenty-four-month period will commence on the latest date that any notice of violation has not been corrected within prescribed time frames or a civil action or criminal action has concluded.
Nuisance properties are defined as properties in an extreme state of poor maintenance or disrepair and are characterized by any of the following:
A. 
Excessive amounts of peeling paint.
B. 
Excessive number of broken windows or doors.
C. 
Excessive number of missing roof shingles.
D. 
Fencing in an extreme state of disrepair.
E. 
Any exterior structural defects, including porches, steps and similar accessory structures or buildings.
Persons or properties who have been designated as repeat violators or nuisance properties will proceed through the legal fast track. The findings of a repeat offense or nuisance property will be cause to:
A. 
Issue an appearance ticket to appear before the neighborhood Improvement Committee or other committee designated by Council to report on remedial actions being taken by the owner; and/or
B. 
Issue a violation letter from the City Attorney, sent by certified mail, in concert with an appearance ticket; and/or
C. 
Issue a criminal summons.