Kings Point, N.Y., Code of Ordinances ch. 117 (eCode360 ed. 2026) § 117-11

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 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 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 Village effecting such compliance. C. The actual cost for all or any part of the work performed by the Village shall include the following labor, administrative, and legal costs: (1) The total cost to the Village of such employees' time, administrative and labor, including salary, plus the cost of fringe benefits, which shall include, but not be limited to, health insurance, life insurance, dental insurance, unemployment, excise, and payroll taxes, retirement benefits, sick leave, vacation, holiday, and personal time off, to the extent applicable, as calculated by the Village Clerk. The administrative time may be set at either $500 or based upon the actual time spent on the matter. (2) The cost of the Village's General Counsel at its nonretainer hourly rate. D. If the full amount due the Village is not paid within 20 days after a bill for such effectuation is sent by certified mail, return receipt requested, to the last owner of record as shown on the Village's assessment roll, then, and in that event, 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 owner of the property as shown on the Village's assessment roll. E. 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. Such interest shall be charged at the accrued legal rate of interest per annum from the date of the completion of the work or for the Village's payment for such work. Sworn statements filed in accordance with the provisions hereof: (1) Shall be prima facie evidence that all legal formalities have been complied with; (2) That the work has been performed to the satisfaction of the Superintendent of the Building Department; and (3) 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. F. In the event that the bill is unpaid when the Village is preparing its next annual assessment roll, the lien shall be added to the assessment roll for the property and collected in the manner fixed by law for the collection of the Village's real property taxes. In that event, interest as provided in Subsection D shall be fixed, and the full amount, with that fixed interest, 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. G. Notwithstanding the provisions of § 117-9 and Subsection A of this § 117-11 , it shall not be necessary for the Building Inspector to issue an appearance ticket or a notice of violation or obtain the permission of 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 .