All buildings and premises subject to this chapter are subject to inspections from time to time by the enforcing officer of the Village. At the time of such inspections, all rooms in the building and all parts of the premises must be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate inspections. Such inspections shall be made between 8:00 a.m. and 4:00 p.m. prevailing time, unless one of the following conditions exists:
A. 
The premises is not available during the foregoing hours for inspections.
B. 
There is reason to believe that violations are occurring on the premises which can only be apprehended and detected by inspections during other than the prescribed hours or which require immediate inspection after being reported, such as failure to supply heat.
C. 
There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
The enforcing officer shall be supplied with official identification and upon request shall exhibit such identification when entering any dwelling unit, rooming unit or any part of any premises subject to this chapter. The enforcing officer shall conduct himself so as to avoid intentional embarrassment or inconvenience to occupants.
Where the enforcing officer or his agent is refused entry or access or is otherwise impeded or prevented by the owner or operator from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties hereunder.
In addition to the provisions of § 154-39, the enforcing officer may, upon affidavit, apply to the Village Justice of the Village of Piermont for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the Village Justice is satisfied as to the matter set forth in said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
[Amended 9-7-1999 by L.L. No. 7-1999]
A. 
All written notices under this section shall be served on the owner, tenant or occupant of any property located within the Village of Piermont by posting a copy of such violation notice upon the front portion of the property or upon the main structure and by mailing a copy of such notice by ordinary mail to the owner of the property as shown on the latest assessment rolls of the Village. In the case of any person responsible for the creation of an offense existing upon a public street or public property, notice may be personally served on such person or mailed by ordinary mail to such person at such person's last known address.
B. 
Extensions for corrections or abatement. The enforcing officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
C. 
Summary abatement in emergency. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcing officer may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days, and, upon failure to do so, the enforcing officer shall abate the condition immediately thereafter.
D. 
Cost of abatement to be lien. Where abatement of any nuisance as defined herein, correction of a defect in the premises or bringing the premises into compliance with the requirements of any municipal local law or state law applicable thereto requires expending Village moneys therefor, the enforcing officer shall present a report to the Board of Trustees of work proposed to be done to accomplish the foregoing with an estimate of the cost thereof, along with a summary of the proceedings undertaken by the enforcing officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, and hearings and orders of the enforcing officer with reference thereto. The Board of Trustees may thereupon, by resolution, authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with local laws of the Village and laws of the state. The enforcing officer may thereafter proceed to have the work performed in accordance with said resolution at Village expense, not to exceed the amount specified in the resolution, and shall upon completion thereof submit a report of the moneys expended and costs to the Board of Trustees. After review of the same, the Board of Trustees may approve said expenses and costs, whereupon the same shall become a lien against said premises collectible as provided by law. A copy of the resolution approving the expense and costs shall be certified by the Board of Trustees and filed with the Village Clerk, who shall be responsible for the collection thereof.
E. 
Extensions for dispossess actions. Where there exists a violation of occupancy standards hereunder, an owner or operator, upon receipt of a notice of a violation, if unable to eliminate the violation by peaceable means within the period of time specified in said notice, shall commence within such period legal action to dispossess, evict or eject the occupants who cause the violation. No further action hereunder shall then be taken against the owner or operator so long as the aforesaid action is pending in the court and is prosecuted expeditiously and in good faith.
F. 
Effect of notice. For the purposes of enforcement of this chapter, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until said violations are abated in conformity with this chapter and the other applicable local laws of the Village of Piermont.
G. 
Appointment of receiver. Where the owner, operator or lessor of the building violates this chapter or any other local law pertaining to said structure or fails to abate any violation of this chapter, the enforcing officer, upon resolution duly approved by the Board of Trustees, may commence an action in the Supreme Court seeking appointment of the enforcing officer as receiver of the rents and income from the property. Said rents and income shall be collected by said receiver and shall be expended and allotted to:
(1) 
Secure compliance with this chapter and laws of the state.
(2) 
Be utilized to defray such costs and expenses of the receivership as may be adjudged by the Supreme Court.
(3) 
Be applied towards payment to the Village of Piermont of any fines or penalties with costs which may have been imposed on the owner, operator or lessor for violations of the laws of the Village of Piermont and which have remained unpaid.
H. 
Mortgagee as agent. The enforcing officer, when acting as receiver as heretofore provided, may, when authorized by resolution of the Board of Trustees, appoint as agent the holder of any first mortgage upon the premises if such mortgagee or assignee of the mortgage is a proper person and is willing to accept such appointment to serve as agent to the receiver for the purpose of collecting rents and income from the premises and manage the same. If there be no first mortgagee or assignee of the mortgage, or if such person be unsuitable or unqualified for performing duties as set forth herein or unwilling to accept appointment, the Board of Trustees may, by resolution, upon recommendation of the enforcing officer, designate some other person to perform the aforesaid duties and functions, and said agent shall account promptly to the receiver for the rents and income so collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for such rents and income or in the management of such real property, the receiver shall apply to the court for the removal of such designated mortgagee or other person, upon notice, in writing, to him, and the court, upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and incomes from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid.
I. 
Fees. In any such receivership, no fees shall be allowed the receiver for acting as such receiver.
J. 
Interference with duties. Where the enforcing officer has assumed responsibility as custodian, or the Board of Trustees, pursuant to this chapter, has designated a receiver, any interference with or refusal to comply with the requests of the officers in the performance of their duties as provided herein shall constitute a violation of this chapter.
K. 
Upon the failure of an owner, tenant or occupant to comply with a notice to correct a condition complained of, the Village of Piermont may hold a public hearing. The public hearing shall be held upon notice posted conspicuously on the affected property and forwarded to the last known address of the property owner, as it appears on the current tax records of the Village, by certified mail, return receipt requested. Posting and service of such notice shall be not less than 15 days prior to the date of such hearing.
L. 
The Village Board, after a public hearing as provided in Subsection K, may cause any nuisance, hazard or litter as defined in this chapter or any vehicle parked or stored in violation of this chapter to be removed from any property within the unincorporated portion of the Village of Piermont upon the failure of such owner, tenant or occupant to comply with any order of the Village Board. Said removal may be performed by the Superintendent of Highways or other designee, including a private contractor. The Village Board 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 Village charges.
M. 
The removal of any nuisance, hazard or litter by the Village of Piermont or its agents shall not operate to excuse such owner, tenant or occupant from properly maintaining any premises as required by this chapter, and such owner, tenant or occupant shall, notwithstanding such action, be subject to any other penalties provided for herein.