A.
Enforcement agency designated. The Building Department
of the village is hereby authorized and empowered to administer and secure
compliance with this Housing Code.
B.
Assistants and inspectors. The Building Inspector shall
have such assistants and inspectors as may be authorized by the Board of Trustees
to carry out and to secure compliance with this Housing Code.
A.
Right of entry. The Building Inspector and inspectors
and assistants of the Building Department are hereby authorized and shall
have the right in the performance of their duties to enter any premises during
normal business hours and in emergencies whenever necessary to protect the
public interest.
B.
Duty of owner and occupant. Owners, agents, operators
and occupants shall be responsible for providing access to all parts of the
premises within their control to authorized inspectors acting in the performance
of their duties.
A.
Issuing authority. A code inspector shall have the right
to order, in writing, by a notice to remedy the correcting of any conditions
found to exist in or on any premises or on such lot upon which such premises
are situate, in violation of the provisions of this chapter.
[Amended 6-28-1983 by L.L.
No. 2-1983]
B.
Time within which conditions must be remedied: service
of notice. Such notice to remedy shall provide for a five-day period for compliance
therewith. It shall be sufficient service of such notice if it is personally
served upon the owner, agent, person in control of the premises and/or tenant
or is posted in a conspicuous place upon the premises affected and a copy
thereof mailed to the owner, person in control of the premises and/or agent
of said premises.
[Amended 11-3-1975 by L.L.
No. 6-1975; 4-12-2005 by L.L. No. 5-2005]
C.
When a five-day notice to remedy a condition on a premises has
been issued and the same condition is observed within 12 months after the
initial notice to remedy was issued, no further notice to remedy need be given
and an immediate summons may be issued.
[Added 4-12-2005 by L.L. No. 5-2005]
[Amended 11-3-1975 by L.L.
No. 6-1975; 6-28-1983 by L.L.
No. 2-1983]
Anything in § 147-9 to the contrary notwithstanding, upon the determination of a code inspector that a violation of any of the provisions of this chapter exists with respect to such premises, said code inspector is authorized, empowered and permitted to issue or cause to be issued a summons, returnable in the Village Justice Court or any other court of competent jurisdiction, for the prosecution of said violation, after the expiration of the required period for compliance as set forth in Subsection B of § 147-9 of this code. If a code inspector determines that an emergency exists requiring compliance within a shorter period of time, he shall specify said period for compliance in the notice to remedy, after which time he may issue or cause to be issued a summons for the prosecution of the violation as set forth herein.
A.
Definition. The term "nuisance" shall be held to embrace
whatever is dangerous to human life or detrimental to health and shall include,
but not be limited to:
(1)
A public nuisance as known at common law, statutory law
and in equity jurisprudence.
(2)
A dwelling that, in violation of this chapter or of any
state or local law or regulation, does not have adequate egress, safeguards
against fire, adequate electrical service, installation and wiring, structural
support, ventilation, plumbing, sewerage or drainage facilities, is overcrowded
or inadequately cleaned or lighted and the condition constituting such violation
is dangerous to human life or detrimental to health.
(3)
Any condition in and about land used for residential purposes
which is dangerous to human life, detrimental to the health of nearby residents
or passersby or which substantially interferes with the reasonable use or
enjoyment by the owners or occupants of premises located within 200 feet of
the boundary lines of the offending landowner or occupant.
[Added 1-13-2004 by L.L. No. 4-2004]
B.
Nuisances declared unlawful. All nuisances enumerated in Subsection A of this section are hereby declared unlawful.
C.
Notice: order to remove. Whenever the Building Department shall declare that a dwelling or a condition in and about land used for residential purposes as defined by § 147-11A(3) is a nuisance, it shall serve a notice or order in the manner prescribed in § 147-9 of this article, reciting the facts constituting such nuisance, specifying in what respect the dwelling or the land used for residential purposes is dangerous to human life, detrimental to health or which substantially interferes with the reasonable use or enjoyment by the owners or occupants of premises located within 200 feet of the boundary lines of the offending landowner or occupant and requiring the owner to remove such nuisance within five days after such service of such notice or such lesser period of time if an emergency exists as determined by the Department Head. Such notice or order shall provide that, if the owner fails to remove such nuisance within such period for compliance so prescribed, the Building Department may remove or cause the removal of such nuisance by cleansing, repairing, vacating, demolishing or by taking such other corrective action deemed necessary and shall notify the owner of his right to a hearing as hereinafter provided.
[Amended 10-6-1975 by L.L.
No. 5-1975; 1-13-2004 by L.L. No. 4-2004]
D.
Owner's right to hearing. Whenever a notice is given as provided in Subsection C of this section, the owner may request a hearing before the Board of Trustees, and a hearing shall be given such owner prior to the expiration of the period for compliance so prescribed.
E.
Failure of owner to remove; removal by village. If such
nuisance is not removed by the owner within the time prescribed after service
of such notice or order, the Building Department may proceed with the removal
of such nuisance as provided in the notice or order.
F.
Refusal of owner to permit removal by village; proceeding
to vacate or demolish. If the owner refuses to permit the Building Department
to remove or cause the removal of such nuisance by cleansing, repairing, vacating,
demolishing or by taking such other corrective action as may be necessary
or interferes in any way with the Department or causes delay to the taking
of corrective action, the Department may cause such dwelling, in whole or
in part, to be vacated and demolished, but, in such case, the Department shall
commence a special proceeding in the Supreme Court for such relief. During
the pendency of such proceeding, the Department may obtain a temporary order
for the immediate vacating of such dwelling upon proof of a present danger
to human life or detriment to health. In addition to the owner, all tenants,
mortgagees and lienors of record shall be necessary parties to such special
proceeding.
G.
Contracts for removal of nuisance. If the Building Department
proceeds to execute a notice or order issued by it or by the court for the
removal of a nuisance, the Department may let contracts therefor, in accordance
with the provisions of any local laws, rules and regulations of the village
applicable to the letting of contracts, for municipal improvements. The cost
of executing such notice or order or orders, whether or not carried out pursuant
to court order, shall be met from any appropriation 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 Department shall
keep a record of such notices and orders, together with the acts done and
the items of cost incurred in their execution.
H.
Lien created. The village shall have a lien upon the
premises of the dwelling for the cost of executing such notice or order or
orders for the removal of a nuisance and shall file a notice of such lien
in the office of the Clerk where notice of mechanics' liens are filed; and
all proceedings with respect to such lien, its enforcement and discharge shall
be carried on in the same manner as proceedings with respect to mechanics'
liens under the Lien Law.
I.
Action to recover costs. Notwithstanding the foregoing
provisions and in addition to any other remedy available, the Building Department
may maintain an action against the owner to recover the cost of executing
such notice or order or orders.
[Amended 10-16-1979 by L.L. No. 7-1979; 4-12-1988
by L.L. No. 13-1988; 4-11-1995 by L.L.
No. 1-1995; 4-12-2005 by L.L. No. 5-2005]
A.
Any owner, agent, occupant or lessee who violates any provision
of this chapter is guilty of a violation punishable by a fine not to exceed
$1,000 for a first offense within any consecutive twelve-month period; not
more than $2,500 for a second offense within any consecutive twelve-month
period; and not more than $5,000 for all additional violations within any
consecutive twelve-month period or imprisonment for a period not exceeding
15 days, or both.
B.
Violation of the New York State Fire Prevention and Building
Code provisions shall be punished by a fine not to exceed $1,000 or imprisonment
not exceeding one year, or both. The continuance of such offenses against
the provisions of this chapter shall constitute, for each and every day, or
part thereof, the same is continued, a separate and distinct violation hereunder.
[Added 10-18-1971; amended 4-11-1995
by L.L. No. 1-1995; 9-10-2003 by L.L.
No. 3-2003]
A.
On or before the second day of January of each year, every owner
of residential premises, including the one- and two-family homes, shall file,
with the Building Inspector, the name, address and telephone number of the
owner of the premises; the name, address and telephone number of the agent
or person in control of the premises; and the name, address and telephone
number of the superintendent, if any, of the premises, and such other similar
information as requested by the Building Inspector. A form which seeks said
information will be sent to each owner in December. Failure to receive a form
does not excuse noncompliance with the requirements of this section
[Amended 4-12-2005 by L.L. No. 5-2005]
B.
Every owner of such residential premises shall notify the Building
Inspector in writing within 10 days of any change in the ownership of said
premises or of a change of agents, principal officer, principal partner, superintendent
or person designated for service of process.
