Brewster, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-27

A. Nuisances; who is liable. It hereby declared to be the duty, of which there shall be a joint and several liability of every owner, part owner, person interested and every lessee, tenant and occupant of, or in, any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter and thing in the Village, and of every person conducting or interested in business therein, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer and employee or appointee of the incorporated municipality of the Village of Brewster having charge of any ground, place, building or erection therein, to keep, place and preserve the same in every part, and the sewerage, drainage and ventilation thereof in such condition, and to conduct the same in such manner that it shall not be dangerous or prejudicial to life or health, subject to the health code and orders of the department. B. Dangerous buildings, places and things; declaration as nuisance. Whenever any building, erection, excavation, premises, business pursuit, matter or thing, or the sewerage, drainage or ventilation thereof, in the Village, in the opinion of the Village of Brewster Board of Trustees, whether as a whole or in any particular, shall be in a condition or in effect dangerous to life or health, and whether there shall be growing on any property any ragweed or any species of weed, plant or growth which is noxious and detrimental to the public health or the seed, pollen or emanation thereof, when carried through the air or otherwise disbursed, is noxious or detrimental to the public health, or in the considered opinion of the Village of Brewster Board of Trustees, employees and/or appointees of the Village of Brewster Board of Trustees that the same is in such a vast state or condition of deterioration or disrepair, the Village may take and file among its records what it shall regard as sufficient proof to authorize its declaration that the same, to the extent it may specify, is a public nuisance or dangerous to life or health; and may thereupon enter the same in its records as a nuisance, and order the same to be removed, abated, suspended, altered or otherwise improved or purified as such order shall specify. The Village of Brewster Board of Trustees and its designated representatives are authorized to furnish the municipality with information in writing as to the properties and locations where such noxious weeds and growths and such deleterious deterioration may be found. C. Stay of execution; modification. If any party, within three days after service or tentative service of such order upon him or her and before its execution is commenced shall apply to the Village of Brewster Board of Trustees or its designated representative/agent thereof, to have such order or its execution stayed or modified, it shall then be the duty of the Village of Brewster Board of Trustees to temporarily suspend or modify it at the execution thereof, save in cases of imminent peril to the public health, when the Village of Brewster Board of Trustees may exercise extraordinary powers as defined in Chapter 82 , Buildings, Unsafe, infra, and in this chapter to give such party or parties together, as the case in the opinion of such Village of Brewster Board of Trustees may require, a reasonable and fair opportunity to be heard before it and to present facts and proofs, according to its rules and directions, against such declaration and the execution of such order or in favor of its modification, according to the regulation of the Village of Brewster Board of Trustees. Such Village of Brewster Board of Trustees shall enter in its minutes such facts and proofs as it may receive in its proceedings on such hearing as required, and any other proof it may take; and thereafter as necessary may rescind, modify or reaffirm its declaration and order and require execution of the original, or of a new or modified order to be made in such form and effect as it may finally determine. D. Execution. If such order is not complied with, or so far complied with as the Village of Brewster Board of Trustees may regard as reasonable, within five days after service or attempted service or within any shorter time, which, in case of imminent peril to the community's public health, the Village of Brewster Board of Trustees may have designated, or is not thereafter speedily and fully executed, then such order may be executed as any orders of the Village of Brewster Board of Trustees and its designated agent, representative, appointee or employee. Any such agent of the Village is authorized to act on behalf of the Village of Brewster Board of Trustees in executing such order. In the event that this agent shall so act, it shall certify and transmit to the Village of Brewster Board of Trustees its expenses in the execution of such order separately in respect of each separately owned parcel of property. Such expenses shall be reimbursed through the Village of Brewster and shall be chargeable and collectable as expenses of the Village of Brewster Board of Trustees, the respective municipal department, agent, employee or appointee in connection with the execution of an order as referred to in this chapter. E. Substituted service; posting; service by publication. (1) If a personal service of any such order cannot be made by reason of absence from the district, or inability to find one or more of the owners, occupants, lessees or tenants of the subject matter to which such order relates, or one or more of the persons whose duty it was to have done what is therein required to be done, as the case may render just and proper in the opinion of the Village of Brewster Board of Trustees, to be shown by the official certificates of the officer having such order to serve, then service may be made through the mail, or by copy left at the residence or place of business of the person sought to be served, with a person of suitable age and discretion. (2) In any case where personal service of any such order cannot be made for the reasons stated in Subsection E(1) of this section and service cannot be made as provided in such subsection through the mail or by leaving a copy with a person of suitable age and discretion, because of inability to obtain the name or address of the person sought to be served, and such inability to effect service is shown by the official certificate of the officer having such order to serve, service may be made by conspicuously posting a copy of such order upon the property to which it relates. The posting of such order shall be sufficient notice of such order and of the nuisance therein mentioned to all persons having any duty or liability in relation thereto under the provisions of this chapter. (3) Whenever the Village of Brewster Board of Trustees shall have declared any condition, matter or thing to be a nuisance, including ragweed or any other species of weed, plant or growth, and has entered the same in its records as a nuisance, the Village of Brewster Board of Trustees may also take and file among its records what it shall regard as sufficient proof to authorize a declaration that such nuisance is widespread throughout the Village or in any area thereof, and that personal service or service pursuant to Subsection E(1) or (2) of this section of an order or orders requiring the abatement, removal or correction of such nuisance would result in delay prejudicial to the public health, welfare or safety, and upon the filing of such proof and the making of such declaration, the Village of Brewster Board of Trustees may order that such nuisance be removed, abated or corrected, as prescribed by the Village of Brewster Board of Trustees, by an order addressed generally, without specification of names or addresses, to all persons who, pursuant to the provisions of this chapter, have any duty or liability in relation to any such nuisance which may exist upon or in any real or personal property or place located within the area or areas specified in such order. Such order may be served by publishing the same for a period of not less than three days in a newspaper circulated in the area or areas mentioned in such order. Service of such order shall be complete at the expiration of the third day of such publication and such publication shall be sufficient notice of such order and of the nuisance therein mention to all persons having any duty or liability in relation thereto under the provisions of this chapter. F. On what expenses to be a lien. The expenses attending the execution of any and all orders made by the Village shall respectively be a several and joint personal charge against each of the owners or part owners and each of the lessees and occupants of the building, business, place, property, matter or thing to which such order relates, and in respect to which such expenses were incurred; and also against every person or body who was by law or contract bound to do that in regard to such business, place, street, property, matter or thing which such order requires. Such expenses shall also be a lien on all rent and compensation due, or to grow due, for the use of any place, room, building, premises, matter or thing to which such order relates, and in respect of which such expenses were incurred, and also a lien on all compensation due, or to grow due, for the cleaning of any street, place, ground or thing, or the cleaning or removal of any matter, thing or place, the failure to do which by the party bound so to do, or doing of the same in whole or in part by order of such Village appointee, employee, agent or representative. G. Suits for expenses. The incorporated municipality of the Village of Brewster, in case it has incurred any expense, or has rendered service for which payment is due, and as the rules of the department may provide, may institute and maintain a suit against anyone liable for such expenses, or against any person, firm or corporation, owing or who may owe such rent or compensation, and may recover the expenses so incurred under any such order. One or more of such parties liable or interested may be made parties to such action as the department may elect; but the parties made responsible herein for such expenses shall be liable to contribute or to make payment as between themselves, in respect of such expenses, and of any sum recovered for such expenses or compensation, or by any party paid on account thereof, according to the legal or equitable obligation existing between them. H. Lien on premises. (1) There shall be filed in the office of the Village Clerk/Treasurer a record of all work caused to be performed by or on behalf of the Village in executing any order of the Village of Brewster Board of Trustees or department. Such records shall be kept on a building-by-building basis and shall be accessible to the public during business hours at Village Hall, 208 Main Street, Brewster, New York 10509. Within 30 days after the issuance of a purchase or work order to cause such work to be done, entry of such order shall be made on the records of the Village of Brewster. Such entry shall constitute notice to all parties. (2) All expenses incurred by or on behalf of the Village for such work, pursuant to this title or any other applicable provision of law, shall constitute a lien upon the land and building upon or in respect to which, or either of which, the work required by such order has been done, or expenses incurred, when the amount thereof shall have been definitely computed as a statement of account by the department and the department shall cause to be filed in the office of the Village Collector an entry of the account stated in the book in which such charges against the premises are to be entered. Such lien shall have priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to this title shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements occurring after the date such record should have been entered pursuant to Subsection H(1) and before the date such entry was made. (3) A notice thereof, stating the amount due and the nature of the charge, shall be mailed by the Village Clerk within five days after such entry to the last known address of the person whose name appears on the records in the office of the Village Clerk as being the owner or agent or as the person designated by the owner to receive tax bills, or, where no name appears, to the premises, addressed to either the owner or the agent. (4) If such charge is not paid within 30 days from the date of entry, it shall be the duty of the Village Clerk to receive interest thereon at the rate of 15% per annum, to be calculated to the date of payment from the date of entry. (5) Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such lien shall be a tax lien within the meaning of the relevant sections of the Village and Town of Southeast codes and may be sold, enforced or foreclosed in the manner provided in those codes, and may be satisfied in accordance with the provisions of § 1354 of the Real Property Actions and Proceedings Law. (6) Such notice mailed by the Village Clerk pursuant to this section shall have stamped or printed thereon a reference to this section of the Code. I. Validity of lien; grounds for challenge. (1) In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on: (a) The lawfulness of the work done; or (b) The propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this action. (2) No such challenge may be made except by: (a) The owner of the property; or (b) A mortgagee or lienor whose mortgage or lien would, but for the provision of Subsection H , have priority over the Village's lien. (3) With respect to any issue specified in Subsection I(1) of this section, the certification of the Village Clerk filed pursuant to Subsection J shall be presumptive evidence of the facts stated therein. J. Statement of expenses of executing orders. (1) When the Village Clerk shall have executed, or so far executed as the Village of Brewster Board of Trustees may require, any order, a certificate setting forth the expenses of such execution, itemized generally, and the date thereof shall be filed among the records of the Village with the order so executed; and the Village shall take care by or through some proper officer, or otherwise, that the expenses of such execution be so stated with fairness and accuracy. (2) When it shall appear that such execution or the expenses thereof relate to several lots or buildings belonging to different persons, such certificate shall state what belongs to or arose in respect to each lot or such several lots or buildings, as the department or its authorized officer of the Village may direct; and the Village of Brewster Board of Trustees may revise the correctness of such apportionment of expenses as truth and justice may require. (3) Whenever the expenses attending the execution of any order of the Village of Brewster may be made the subject of a suit by it, there may be joined in the same suit a claim or claims for any penalty or penalties for violation of any health provisions, or for the violation or omission to perform or obey such order, or any prior order of the Village of Brewster Board of Trustees, or for the not doing of that, or any portion of that, for the doing of which such expenses arose or were incurred; and the proper joint or several judgment may be had against one or more of the defendants in the suit, as that or either of them may be liable in respect of both such claims, or either or any of them. K. Service of order or judgment. The Village of Brewster Board of Trustees may serve a copy of the order under or by reason of which such expenses were authorized or incurred with a copy of the affidavit stating the expenses of the execution of such order, or, if the claim be a judgment, may serve a transcript of such judgment, and an affidavit showing the expenses of its execution if there be any, upon any person or corporation owing, or who is about to owe, any such compensation, or owing or about to owe by rent or compensation for the use or occupation of any grounds, premises or buildings or any part thereof, to which such order or judgment relates, and in respect of which such expenses embraced in such judgment related or were incurred, and may, at the time of such service, demand in writing that such rent, or any such compensation to the extent of such claim for such expenses, or for any such judgment or expenses in executing the same, when such rent or compensation becomes due and payable, be paid to the Village, and which shall be the joint responsibility of the Village Clerk and Village Counsel.