Mamakating, N.Y., Code of Ordinances ch. 147 (eCode360 ed. 2026) § 147-11

A. This chapter may be enforced by the Building Inspector, Code Enforcement Officer and any other officer, employee or agent appointed by resolution of the Town Board. All said enforcement officers are authorized to issue violation notices and appearance tickets. B. Whenever the enforcement officer determines that there is or has been a violation of any provision of this chapter, he shall give notice of such violations to the person or entity responsible therefor. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly served if a copy thereof is sent by certified mail to the last known address of the person or entity upon which the same is served, as shown on the most recent assessment roll of the Town, or a copy thereof is personally delivered to said person or entity or a copy is left at the usual place of abode or office of the person or entity. Notice shall be given as aforesaid within or outside the Town. The notice shall also state that unless the violation is corrected, removed or prevented within five days, or such other greater or lesser time as deemed reasonable by the enforcement officer under the circumstances, of the date of service of such notice, exclusive of the date of service, an appearance ticket may be issued for such violation. C. Whenever the enforcement officer finds that an emergency condition exists, which condition requires immediate attention in order to protect the public health or safety or to protect the health or safety of an owner or occupant, he may issue an order by service of notice in the manner set forth above, reciting the existence of such emergency condition and requiring that remedial action be taken immediately. Any person to whom such an order is directed shall comply therewith immediately. D. Failure to comply with the direction of the enforcement officer or the Town Board when notice has been provided in accordance with this chapter shall constitute a separate and distinct offense hereunder. E. In addition to and not in lieu of any other remedies, upon failure of a person or entity to comply with a notice to correct, remove or prevent a condition which violates a provision of this chapter, the Town Board may, upon due notice and due opportunity for a hearing, order the condition abated and authorize the enforcement officer to take the necessary steps to carry out the Board's order. All costs and expenses, including but not limited to reasonable attorney, engineering and consultant fees, employee salaries and administrative costs, associated with the correction, removal or prevention of the condition shall be charged to the owner of such real property. If such charge is not paid in full within 30 days after billing to the owner, the charge and costs shall be assessed and levied against and constitute a lien on the real property upon which it is levied until paid or otherwise satisfied and discharged, and shall be collected in the same manner and at the same time as other Town real property taxes. F. Notwithstanding the foregoing, a person or entity that is cited for a violation of § 147-6D shall be entitled to only one due process hearing each year. After issuance of the first notice of violation of § 147-6D in the calendar year, the property owner shall be afforded a due process hearing. However, for each subsequent violation of § 147-6D during that calendar year, the property owner shall receive a notice of violation as provided in this chapter and if the property owner fails to remedy that violation within the time period stated in the notice, then the Town shall have the right to abate and remove the violation at the property owner's expense, without first offering a due process hearing. All costs and expenses shall be charged to the property owner and, if not paid, shall be assessed and levied against the real property as provided in this chapter. G. Notwithstanding the provision in § 147-11E that a due process hearing will be held by the Town Board, a person or entity that is cited for a violation of § 147-6D or other violation of this chapter for which the remediation costs are less than $1,000 per violation, the due process hearing shall be held before the Town Supervisor and one other Town Board member instead of the Town Board. The Town Board may change this dollar amount by resolution from time to time.