§ 122-5 -Village maintenance of yards and tax levy.[Added 9-10-2001 by L.L. No. 5-2001; ame nded 9-11-2007 by L.L. No. 2-2007; 7-9-2013 by L.L. No. 3-2013; 9-10-2013 by L.L. No. 4-2013]

A. In the event that any yard, lot or open area shall not be maintained in accordance with the provisions of § 122-3B(1) of this chapter and particularly that provision relating to maximum lawn or grass height, the Code Enforcement Officer shall post a written notice on the premises, and either deliver it to persons residing at the premises or send a copy of the notice by ordinary mail to the person or premises owner demanding its correction within five days of posting such notice. The delivery or mailing shall occur within one day of posting.

B. If the violation continues uncorrected for more than the said five days after posting of the above-mentioned notice, the Village of Newark Valley may perform the work necessary to correct the violation by use of its agents, employees or subcontractors. The actual cost to the Village shall be an expense borne to by the property owner and shall be billed by the Village to such person or owner after the work is performed and the amount of the bill is determined.

C. In the event that the premises is vacant and/or the property owner does not take action to keep the property in compliance with the provisions of this Chapter, such original violation shall be deemed to be continuing to the Village until at such time the owner of the premises takes active control either by the property owners actions or the actions of his/hers/theirs/its employees, agents, and/or subcontractors that remedies the situation.

D. All such bills so rendered by the Village to the property owner or person shall be paid to the Village within 30 days.

E. Penalties for the late payment of any such bills are established as follows and shall be added to such bills: (1) First 30 days: no penalty. (2) Every month thereafter: 5%.

F. A final or aggregate bill for work performed under this section shall be rendered to the property owner or person on or before November 1 of each year covering the amount of such work or services performed for the entire year preceding November 1.

G. Any such bill which remains unpaid for a period of 60 days after November 1 shall become a lien upon and be assessed against the real property upon which the work was performed and shall be added to the next annual tax levy as prescribed by Article 2 of the Village Law.

H. The filing of a lien shall not prevent the imposition of penalties under § 122-5G above.