Any person may file a complaint with the Code Enforcement Officer regarding a violation of this chapter.

The Code Enforcement Officer shall investigate all such complaints within 10 calendar days. This investigation shall include a site visit by the Code Enforcement Officer.

Such notice of violation shall be served as appropriate on the landowner, the tenant in possession, or any other person determined to be responsible for the conditions that gave rise to the violation.

Such notice of violation shall include the following:

The notice of violation and order to remedy may be served by certified mail, return receipt requested, personal delivery or by any other method reasonably calculated to give the property owner, tenant in possession or other person notice of the violation where delivery by certified mail, return receipt requested, or by personal delivery is not practicable.

Such notice of violation and order to remedy shall require the removal of the violation within 10 calendar days after service of the notice, except that violations of snow removal requirements shall be corrected within 24 hours of such notice. The Code Enforcement Officer may provide less than 10 days to cure the violation, provided that the period is reasonable, if the Code Enforcement Officer determines that the violation constitutes an imminent threat to the health, safety and welfare of the community.

The Code Enforcement Officer may provide more than 10 days to cure the violation if the nature of the remedy requires additional time.

If the CEO requires removal of a zoning violation and the party charged disagrees with that charge, the party may appeal to the ZBA.[1]

If those persons notified shall fail to remove such violation within the allotted time period, the Code Enforcement Officer may charge them with violation of this chapter in a court of competent jurisdiction.

If, in the judgment of the Code Enforcement Officer, work in progress is or will result in violation of the New York State Uniform Fire Prevention and Building Code, this chapter, or the terms or conditions of any permit, variance, site plan approval or historic district certificate of appropriateness[2] issued pursuant to this chapter, the Code Enforcement Officer may serve a stop-work order on the owner, agent, architect, contractor or any other person involved or assisting in such work in progress and shall post a copy of said stop-work order in a conspicuous place on the subject work site.

Upon service or posting of such stop-work order, all further work on the subject work site shall cease, except such as is necessary to secure the site and materials, until the violation causing such order has been corrected or removed and the Code Enforcement Officer has served notice, in writing, that the stop-work order has been lifted.

No person shall remove a stop-work order posted on a work site unless and until the Code Enforcement Officer has served notice, in writing, that such stop-work order has been lifted.

Continuation or resumption of work on a work site subject to a stop-work order lawfully served and posted by the Code Enforcement Officer shall constitute a separate violation of this chapter and shall be subject to all penalties described in this § 160-15, Administration and Enforcement.

Any person who shall violate any of the provisions of this chapter shall be guilty of a violation and subject to one or more of the following remedies: 1) a fine not to exceed $350; or 2) a penalty of $350 to be recovered by the Village in a civil action. Every such person shall be deemed guilty of a separate violation for each week such violation, disobedience, omission, neglect or refusal shall continue. The Board of Trustees of the Village of Cobleskill may also maintain an action or other proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter.

In the event the penalty sought is within the monetary jurisdiction of the Village of Cobleskill Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the attorney representing the Village, be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act.