Babylon Village, N.Y., Code of Ordinances ch. 199 (eCode360 ed. 2026) § 199-46

A. Enforcement. This chapter shall be enforced by the Building Inspector, his assistants or by any person designated specifically for such purpose by the Board of Trustees of the Village. (1) Any person responsible for enforcing the provisions of this chapter shall have the right of access to and entry upon and into private property or any premises covered by this chapter or reasonably believed to be covered by this chapter, but such entry shall not be made over the objection of any owner or occupant thereof or, in his absence, without such person first having secured and executed a proper search warrant. However, there shall be no obligation upon the part of such person to obtain a search warrant, and, if access to the premises is denied to such person, such denial shall constitute prima facie evidence that a violation exists in any legal proceeding in any court thereafter without, however, affecting the burden of proof. (2) Notwithstanding anything aforesaid to the contrary, nothing in this chapter shall be deemed to provide for or permit the search of the interior of any owner-occupied premises, no part of which is held for let or for rental purposes; and the denial of access to any such premises shall not constitute prima facie evidence of the existence of a violation as set forth in this section. (3) The Building Inspector may designate as unfit for human habitation and post appropriate notices upon any premises, dwelling unit, rooming house or rooming unit having any of the following defects: (a) The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public. (b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public. (c) The structure, because of the location, general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (d) The structure, because of the failure of the owner or occupant to comply with this chapter, is unfit for human habitation. (4) Where required in order to safeguard life or property, the Building Inspector or any other person authorized may order any premises, dwelling and dwelling unit, rooming unit or rooming house to be vacated forthwith. A copy of such order to vacate shall be served on the occupant and owner, agent or operator and posted on the premises. Such premises shall then be vacated within such reasonable time as may be specified in the order. No such premises, dwelling, dwelling unit, rooming unit or rooming house shall again be used for human habitation and no notice thereupon shall be removed until written approval is secured from the Building Inspector. Any person who shall deface or remove any posted notice referred to in this chapter from any such premise, building or unit which has been designated as unfit shall be guilty of a violation of this chapter, regardless of whether or not such person is an occupant or owner of the premises. (5) The owner, agent or operator of any premises, dwelling, dwelling unit, rooming unit or rooming house which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming unit or rooming house safe and secure in whatever manner the Building Inspector shall deem necessary, including but not limited to the securing of all doors and windows against unauthorized entry. (6) The Building Inspector is authorized and empowered in the enforcement of this chapter to waive, vary or modify any provision thereof where, in his discretion, strict compliance may cause undue hardship; provided, however, that no action of the Building Inspector shall result in a situation contrary to the intent of this chapter. B. Penalties for offenses. (1) Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. (2) In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. C. Any occupant who shall be in violation of those provisions of this chapter, compliance for which he is responsible under the provisions thereof, shall, upon notice from the Building Inspector, vacate the premises forthwith, and, failing to vacate, the owner or person having possession and control of the premises shall proceed forthwith to evict the occupant.