PLEASE TAKE NOTICE
The Board of Trustees of the Village of Kings Point will hold a public hearing at 9:00 p.m., on September 15, 2020, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024, with respect to Bill 9A of 2020, which reads as follows:
Bill 9A of 2020, a local law amending Chapter 117, Property Maintenance, of the Code of the Village of Kings Point, with regard to enforcement.
Be it enacted by the Board of Trustees of the Village of Kings Point.
Section 1. §§ 117-7, 117-9, and 117-11 of Chapter 117, Property Maintenance, of the Code of the Village of Kings Point, are hereby amended, to read, respectively, as follows:
Ҥ 117-7. Enforcement.
A. The Building Inspector of the Village of Kings Point has the authority to administer and enforce this chapter.
B. In his discretion, the Building Inspector may issue notices of appearance, notices of violation, and/or orders, orally and/or in writing, with regard to any condition which violates the provisions of this chapter.
C. As used in this chapter, the term “Building Inspector” includes the Superintendent of the Building Department and all building inspectors, code enforcement officers, and other duly appointed law enforcement officials of the Village.”
Ҥ 117-9. Appearance tickets and notices of violation.
A. An appearance ticket and/or a notice of violation may be issued by the Building Inspector for a violation of this chapter. It shall be served either personally upon the person or by posting it in a conspicuous place upon the property affected. If it is served by posting it upon the property, a copy thereof shall be mailed to the person to whom it is desired by certified mail; a return receipt shall not be required.
B. If a notice of violation is served:
(1) The notice, in addition to such other information the Building Inspector deems appropriate:
a.Shall describe the property, the violation, and the remedial action to be taken that will effect compliance with this chapter.
b.Shall prescribe a reasonable time within which such person shall be required to effect compliance with this chapter. If there are multiple violations, different periods may be required for different violations.
c.Shall state that the person served, or any other interested person, may request a hearing before the Superintendent of the Building Department prior to effecting all or any part of the violations. Such request must be made in writing and received by the Building Department at the Village Hall within seven days from service of the notice of violation.
(2)If a hearing is requested, it shall be commenced no later than seven days after the request is made, provided that, for good cause, the Superintendent of the Building Department may postpone such hearing for a reasonable time. If, after the hearing, the Superintendent finds that no violation exists or that such unusual, extraordinary, or undue hardship shall occur by enforcement of the notice of violation, he may withdraw the notice of violation in whole or in part. If he does not withdraw the notice of violation in whole, he shall issue an order requiring the effectuation of compliance within a prescribed reasonable time. The proceedings at such hearing shall be informal and shall be summarized in a written report by the Superintendent, which shall be filed in the Building Department.
(3) Any party aggrieved by the decision of the Superintendent may, within seven days of the filing of the decision in the Building Department, appeal said decision to the Board of Trustees. The failure to file within said seven-day period shall be deemed a waiver of any right to appeal the decision.
(4) If an appeal is taken, after hearing the appeal, the Board of Trustees finds that no violation exists or that such unusual, extraordinary, or undue hardship shall occur by enforcement of the notice of violation, it may vacate or modify the notice of violation in whole or in part. If it does not vacate the notice of violation in whole, it shall issue an order requiring the effectuation of compliance within a prescribed reasonable time. The proceedings of the appeal shall be informal and shall be summarized in the Board’s minutes with a copy that shall be filed in the Building Department”
Ҥ 117-11. Performance of work by Village; assessment of costs.
A. Upon the failure, neglect, or refusal of any person to properly comply with this chapter:
(1) within seven days after the service of an appearance ticket,
(2) by the date set forth in a notice of violation,
(3) if a hearing by the Superintendent was timely requested, by the date set forth in the Superintendent’s decision, or
(4) if an appeal of the Superintendent’s decision was timely requested, by the date set forth in the Board of Trustees’ decision,
whichever is later, or
(5) such lesser period in the event of any emergency, as provided in § 117-10,
the Building Inspector is hereby authorized and empowered to effect compliance with this chapter, subject to the approval of the Board of Trustees or, in the event of an emergency, subject to the approval of the Mayor.
B. If the Village has effected compliance with this chapter, in whole or in part, or has paid for its effectuation, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid prior thereto, shall be charged to the owner of the property by the Village, and such charge shall become due and payable by the owner at the time of the payment of such bill.
C. If the full amount due the Village is not paid within 20 days after the effectuation, as provided in Subsections A and B above, then, and in that case, the Building Inspector shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the dates the work was performed, the location, by section, block, and lot, of the property on which the work was performed, and the name of the reputed owner of the property. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus the costs and expenses, including attorneys’ fees, if any, for collection, until final payment has been made. The lien shall be collected in the manner fixed by law for the collection of the Village’s real property taxes and shall be subject to a delinquent penalty at the legal rate of interest for Village real property taxes in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.
D. Notwithstanding the provisions of subsection A, it shall not be necessary for the Building Inspector to obtain the permission of the Board of Trustees or the Mayor to effectuate compliance with this chapter in the instance of a second or any subsequent violation of this chapter, even if it is a different violation of this chapter, upon the same property within a twelve-month period in order for the Village to be reimbursed after its effectuation in accordance with subsections B and C.”
Section 2. Effective date. This local law shall take effect immediately.
Persons who may suffer from a disability, which would prevent them from participating in said hearing, should notify Gomie Persaud, Village Clerk-Treasurer, at (516) 504-1000 in sufficient time to permit such arrangements to be made to enable such persons to participate in said hearing.
Dated: Kings Point, New York BY ORDER OF THE BOARD OF TRUSTEES
July 27, 2020VILLAGE OF KINGS POINT
Gomie Persaud, Village
Clerk-Treasurer
GNN #153653
1x 7/31/2020
#153653
