ARTICLE III, Enforcement and Penalties

Text relating to property maintenance has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

Chapter 135, Garbage, Rubbish and Refuse

ARTICLE III, Enforcement and Penalties

§ 135-20.1. Enforcement of offenses

A. Enforcement.

(1) Whenever a violation of this chapter shall appear to exist, any person may file a complaint with the Village Clerk, the Village Police Department or the Codes Enforcement Department and the Codes Officers thereof, in writing, and the Codes Enforcement Officers and/or the Ilion police officers shall promptly investigate the same and take the appropriate action to correct any violations.

(2) The Codes Enforcement Officers and the Village Police Officers hereby have full authority to investigate all violations of this chapter with and/or without receiving any complaints regarding any violations of the same. All investigations will be conducted under the general rules and conduct and in accordance with the Criminal Procedure Law and Penal Law of the State of New York.

(3) If any of the provisions of this chapter are not complied with, the Codes Enforcement Officer, an Ilion Police Officer or any other person or agency designated by the Village shall serve a written warning (“Warning”), in a form substantially similar to that in Schedule C, upon the person required to comply therewith. If the owner is not a resident of the village, such Warning shall be mailed to such the owner at his last known address, which shall be deemed sufficient service thereof.

(4) If the person upon whom the Warning is served fails, neglects or refuses to comply with said Warning within twenty four (24) hours, the Village may serve a notice of fine (“Notice of Fine”) in a form substantially similar to that in Schedule C, upon the owner. The terms of payment for the fine are set forth in Schedule C. Every twenty four (24) hours that a violation of this chapter continues shall be and does hereby constitute a separate and distinct offense.

(5) At any time after the service of a Notice of Fine the Village may, but is under no obligation to, issue an appearance ticket to the owner to appear in the proper court of jurisdiction that may subject the owner to additional penalties and demands set forth by the court.

§ 135-20.2. Village to do work; lien

A. If the owner, occupant, corporation, agent, tenant, lessee and/or person in control and responsible fails to comply within twenty-four (24) hours of receipt thereof of the Notice of Fine, the village, for sanitary and aesthetic reasons, may pick up and dispose of the unauthorized garbage bag and/or garbage or trash. There shall be charged to the owner, agent, tenant, lessee, occupant or responsible person a fee of ten dollars ($10.) for each garbage bag so picked up. There also shall be a fee for the time spent picking up and disposing of any and all unbagged garbage and trash that may be necessarily removed for sanitary, health, safety or other reasons. In addition, any person violating this Article shall be subject to the penalties prescribed in Schedule C.

B. The $10 charge for use of an unauthorized container and the fee for picking up and disposing of all unbagged garbage and trash plus fifty percent (50%) for supervision and other additional cost in connection therewith shall be certified by the Superintendent of Public Works to the Village Treasurer and shall thereupon become and be a lien upon the property on which such work was performed and shall be added to and become a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

§ 135-21. Penalties for offenses

A. Penalties

(1) Penalties for violating provisions of this chapter are provided in Schedule C.