Procedure for enforcement.
A. When nuisance or violation declared. Whenever the Code Enforcement Officer shall declare that any property, including the buildings, structures, signs or other appurtenances thereon, shall be in violation of any of the codes, rules, regulations, ordinances or local laws of the Town of Webster, the New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Construction Code or constitute a nuisance, they shall first, as a courtesy, issue a notice of violation to the property owner or occupier in control of or in possession of such property, specifying the code, rule, regulation, ordinance or local law being violated and the facts constituting such violation, either in person or by first class mail.
Where such nuisance or violation constitutes an immediate threat to the health, safety and welfare of the public, a verbal order to remedy immediately shall suffice as notice. If an individual or property is a persistent violator, more than once in 24 months, no courtesy notice will be issued.B. When nuisance or violation not removed.(1) If such nuisance or violation is not removed by the owner or the occupier in control of or in possession of such property, such violator shall be prosecuted in the Town Court of the Town of Webster.(2) If the violator or any other person or party interferes with or causes delay to the taking of corrective action by the town, the Code Enforcement Officer may cause such property, including the buildings, structures, signs or other appurtenances thereon, in whole or in part, to be vacated and sealed or vacated and demolished.(3) If the Code Enforcement Officer proceeds to execute a notice or order issued by him or by the court for the removal of a nuisance or violation, the Town may let contracts therefor.
The cost of executing such notice or order or orders, whether or not carried out pursuant to court order, may be met from any appropriations made therefor, or if such appropriation has not been made or is insufficient, from the proceeds of the sale of obligations pursuant to the Local Finance Law. The Code Enforcement Officer shall keep a record of such notices and orders together with the acts done and items of cost incurred in their execution.(4) The cost of executing the notice and order, such as cost of postage for certified letter and/or process server fees, referencing a nuisance or violation, shall be assessed to the owner of record of said premises.
Pursuant to Ch. 243, Property Maintenance.(5) Notwithstanding the foregoing and in addition to any other remedy available, the Code Enforcement Officer may maintain an action against the owner to recover the cost of executing such notice or order or orders.C. The term "owner" as used in this section shall include any person, firm or corporation, directly or indirectly, in control of the property or any buildings thereon or part thereof.