A.
The position of Housing Inspector in the office of
the inspector of buildings is hereby created.
B.
The Housing Inspector shall have the duties of assisting
the inspector of buildings in the performance of all acts and duties
prescribed for the inspector of buildings under the provisions of
this chapter, and to perform such other and further acts and duties
required to be performed in the office of the inspector of buildings
as may be assigned by the inspector of buildings.
A.
The enforcement officer or his duly authorized representative
is authorized, upon showing proper identification, to enter, examine,
and survey at any reasonable time all dwellings, dwelling units, rooming
houses, rooming units, and premises located within the city.
B.
The occupant of every dwelling, dwelling unit, rooming
unit, or the person in charge thereof, shall give the enforcement
officer or his representative free access to such units and premises
at all reasonable times for the purpose of such inspection, examination
and survey.
C.
The enforcement officer is hereby authorized to make
and adopt, upon approval of the City Council, such rules and regulations
as may be necessary for the clarification and proper enforcement of
the provisions of this chapter. A certified copy of such rules and
regulations shall be filed with the City Clerk and shall have the
same force and effect as the provisions of this chapter, and the penalty
for violation thereof shall be the same as for violation of the provisions
of this chapter.
[Amended 9-20-2007 by Ord. No. 1812; 10-2-2008 by Ord. No.
1833]
A.
Whenever the enforcement officer finds that there has been a violation of this chapter or of any rule or regulation adopted pursuant thereto, he shall issue and serve upon the owner, as defined in § 175-2 of this chapter, or to any person(s) responsible, an appearance ticket as defined and authorized pursuant to Chapter 276 of the Code of the City of Watervliet.
B.
. Nothing
contained herein shall prevent the enforcement officer from filing
a summons, complaint or any other accusatory instrument in Watervliet
City Court in lieu of the issuance and service of an appearance ticket
for a violation of this chapter.
A.
When, upon reexamination after the expiration of the
time for compliance, the enforcement officer finds that a violation
of this chapter has not been corrected, then he is authorized to cause
such dwelling to be repaired, altered or improved or to be vacated
or closed.
B.
Whenever the enforcement officer finds that the dwelling
constitutes a serious hazard to the health or safety of the occupants
or to the public because it is dilapidated, unsanitary, vermin-infested
or lacking in the facilities required by this chapter, he shall designate
such dwelling unfit for human habitation and shall cause to be posted
on the main entrance of any dwelling so closed, a placard with the
following words: "This building for human habitation is prohibited
and unlawful." If the owner fails to comply with an order to remove
or demolish the dwelling, the enforcement officer may cause the dwelling
to be removed or demolished.
C.
The amount of the cost of such repairs, alterations
or improvements or vacating or closing or removal or demolition, when
done by the enforcement officer, shall be a City lien against the
real property upon which such cost was incurred and shall be added
to and appear on the next City tax bill for said property. If the
dwelling is removed or demolished by the enforcement officer, he shall
sell the materials of such dwelling at public sale, as provided by
law, and shall credit the proceeds of such sale, after the deductions
of the expenses thereof, against the cost of the removal or demolition,
and any balance remaining shall be secured in such manner as may be
directed by such Court, and shall be disbursed by such Court to the
persons found to be entitled thereto by final order or decree of such
Court; however, nothing in this section shall be construed to impair
or limit in any way the power of the City to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise.
[Amended 2-4-1993 by Ord. No. 1581]
D.
Complaints or orders issued by the enforcement officer
pursuant to this chapter shall be served upon a person either personally
or by registered mail, but if the whereabouts of such person is unknown
and the address cannot be ascertained by the enforcement officer in
the exercise of reasonable diligence and the enforcement officer shall
make an affidavit to that effect, then the serving of the complaint
or order upon such person may be made by publishing the complaint
or order once each week for two consecutive weeks in the official
newspaper of the city. A copy of the complaint or order shall be posted
in a conspicuous place on the premises affected by the complaint or
order. A copy of such complaint or order shall be duly recorded or
lodged for record with the City Clerk.
A.
Any person who shall violate any provisions of this chapter or any provision of any rule or regulation adopted by the enforcement officer pursuant to authority granted by this chapter shall be deemed guilty of a violation as defined by § 10.00, Subdivision 3, of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.
[Amended 9-5-1996 by Ord. No. 1638]
B.
Each 30 days that such violation is permitted to exist
shall constitute a separate violation.
