Wappingers Falls, N.Y., Code of Ordinances ch. 114 (eCode360 ed. 2026) § 114-8

In the event that the owner, occupant, tenant, lessee or other person having charge of any premises shall fail to comply with the standards enumerated in this chapter, the Village may institute enforcement proceedings as follows: A. Inspection and report. Any enforcement official, upon his or her own investigation or upon written complaint that a property appears to be maintained in violation of any of the standards enumerated in this chapter, may conduct an investigation and inspection of such premises and shall prepare a written report of his or her findings. In necessary, the enforcement official is authorized to apply for a search warrant to a court of competent jurisdiction to enter onto the premises if there is reasonable suspicion to believe that there is a violation of this chapter. The enforcement official is further authorized to take such further steps as are necessary to effectuate the execution and return of a duly ordered search warrant. B. Order to remedy. If the enforcement official determines that a violation exists after conducting an inspection, the enforcement official is authorized to issue an order to remedy directing the owner, occupant, tenant, lessee or other person having charge of any premises to bring such premises into compliance with the provisions of this chapter. The enforcement official shall provide the Village Board with a copy of the order to remedy, together with an affidavit of service and a copy of his or her report of findings from the inspection of the property. C. Contents of order to remedy. The notice shall contain the following information: (1) The tax parcel identification number; (2) The street address of the property; (3) The owner of the property as shown in the tax records of the Village; (4) A statement of the condition of the property and the standards of this chapter which have been violated; (5) The date and time the violations are alleged to have occurred; (6) The specific corrective action that needs to be taken to bring the property into full compliance with the standards of this chapter; (7) The specific date by which the corrective action must be completed; (8) The date, time and place of a public hearing to be held before the Village Board to determine whether the property is in compliance with the standards of this chapter and a statement that the owner, occupant, tenant, lessee or other person having charge of any premises has an opportunity to appear and be heard at said public hearing to offer proof that the property is in compliance with the standards of this chapter or that additional time is needed to take corrective action to cure the violation; and (9) A statement that, if the property owner, occupant, tenant, lessee or other person having charge of any premises does not comply with the order to remedy, the Village intends to enter onto the property, take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Village tax bill if not paid. D. Service of order to remedy. The order to remedy shall be served on the owner by registered or certified mail, return receipt, at the address shown on the last preceding tax assessment roll of the Village or by personal service in accordance with any manner provided for service of process by Article 3 of the Civil Practice Law and Rules of the State of New York. Service upon a occupant, tenant, lessee or person in charge of the premises shall be made by registered or certified mail, return receipt to the address of the property or by person service as noted above. A copy of such order to remedy may also be served in the same manner on any mortgagee or lienor of record. A copy of the order to remedy shall also be conspicuously placed on the property. E. Imminent threat. Whenever the Village Board finds that there exists on premises a condition that poses an imminent threat to the public health or safety which requires immediate remedial action, the Village Board may, in its discretion, order the owner, occupant, tenant, lessee or other person having charge of any premises to remove or abate such public nuisance or direct Village employees or agents of the Village to remove or abate such public nuisance, and, notwithstanding any provision of this chapter to the contrary, no public hearing shall be required to be held before the time fixed in the order for compliance or before the Village removes or abates such public nuisance, and the time for compliance provided in the order for compliance shall not apply to an order issued pursuant to this section. Notice of an order or direction issued pursuant to this subsection shall be served in the manner prescribed in Subsection D above, provided that if the Village Board determines that service in such manner would result in delay prejudicial to the public health or safety, then the Village Board may serve such order or direction by delivery of a copy thereof to a person of suitable age and discretion in actual or apparent control of the premises to which it relates, or, if service cannot be made in such manner, by posting a copy posted upon the premises to which it relates. An order or direction served in the manner prescribed in this subsection shall take effect when delivered or when posted. After such order or direction takes effect, the enforcement official shall serve such order or direction in the manner prescribed in Subsection D above. Such additional service shall include notice of the earlier service of such order or direction. F. Emergency situation. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless action authorized under this chapter is taken immediately, then the enforcement official shall have the power to abate, correct or remove the emergency, and any costs and expenses shall be charged to the owner of the property at issue. In the event that the amount due to the Village is not paid within 30 days following notification by the Village, the costs and expenses shall become and be a lien upon the property involved and shall be added to and become part of the property taxes next to be assessed and levied upon such property by the Village and shall bear interest at the same rate as and be collected and enforced in the same manner as taxes. G. Public hearing. (1) The public hearing shall be held at a regularly scheduled or special Village Board meeting at least seven days but not more than 20 days after service of the order to remedy as set forth above. (2) After the public hearing, if the property is determined by the Village Board to be in noncompliance with the standards enumerated in this chapter, the Village Board may authorize employees of the Village, or its agents or contractors, to enter onto the property to undertake such measures as to bring the property into compliance with the standards of this chapter and assess the cost of such remediation against the property as described below. H. Assistance allowed. The Village may request the assistance of any county, state or federal agency to perform work on its behalf pursuant to this chapter. I. Assessment of costs and expenses; lien on property. (1) The costs and expenses incurred by the Village with respect to any work performed by or on behalf of the Village to bring the property into compliance shall be a debt recoverable from the owner, occupant, tenant, lessee or other person having charge of any premises and shall constitute a lien upon the premises, including the land and buildings, with respect to which such work was performed. (2) The Village shall keep a record of all work performed on the property by or on behalf of the Village. Such records shall be accessible to the public during business hours. Claims for all work performed on the property shall be audited and approved. A notice stating the total amount due and the nature of the charge shall be mailed by the Village to the last known address of the person whose name appears on the records in the office of the Village Treasurer 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. Such notice shall have 10 days, after a copy of the notice establishing the costs and expenses is received, to challenge any of the costs incurred by the Village. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Village Treasurer to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Village charges. (3) Such lien shall have a priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments. J. Action for recovery. In addition to establishing a lien, the Village may recover such expenses and interest incurred by bringing an action against the owner, occupant, tenant, lessee or other person having charge of any premises. The institution of such action shall not suspend or bar the right to pursue any other remedy provided by law for the recovery of such debt. K. Supplemental remedies; other remedies available. In addition to the remedies set forth in this chapter, the Village reserves the right to pursue any and all remedies available for lack of compliance, including, but not limited to, those set forth in Article 13 and 19-A of the New York State Real Property Actions and Proceedings Law, and the enforcement official is authorized to take any and all action specified in these articles. Nothing contained in this section shall be construed to restrict authority to provide for the abatement of a public nuisance conferred upon any agency of the Village by any other provision of law.