[HISTORY: Adopted by the City Council of the City of Lackawanna 3-18-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 75.
A Municipal Code Violations Bureau shall be established to hear and administratively determine charges of violations of certain provisions of this Code as set forth in § 155-2 of this chapter.
[Amended 7-19-2016]
The Municipal Code Violations Bureau is hereby authorized to
dispose of charges involving violations of the following sections
of the Municipal Code:
A.
When a police officer, code enforcement officer, animal control officer,
or any other authorized public official finds a violation over which
the Municipal Code Violations Bureau has jurisdiction, said officer
or public official may issue a Municipal Code violation ticket which
is signed and verified, by means of a notice thereon, that false statements
made therein are punishable as a Class A misdemeanor pursuant to § 210.45
of the Penal Law, along with the subscription of the deponent, containing
information stating the nature, time and place of the violation and
informing the person charged of the manner and the time in which he
or she may answer the violation charged. Failure to answer or appear
in accordance with the requirements of this section and the rules
promulgated hereunder shall be deemed an admission to the violation
as charged, and an appropriate order may be entered in the Bureau's
records, and a fine consistent with the provisions of this chapter
may be imposed by a hearing officer.
A.
A person charged with a violation shall be served personally in accordance
with the provisions of the Civil Practice Law and Rules with a Municipal
Code violations ticket; or said ticket shall be sent by first-class
mail to either the person's tax mailing address or otherwise
to the person's last known address; or the ticket may be left
with an agent or person of suitable age and discretion at the place
of violation or tax mailing address or last known address. The original
or a duplicate of each ticket shall be filed and retained in the Municipal
Code Violations Bureau and shall be deemed a record kept in the ordinary
course of business.
B.
If the Municipal Code violations ticket relates to a property or
building, the owner, occupant or agent for said property or building
may be served in the manner set forth above.
C.
For purposes of this chapter, a "person" shall be defined as an individual,
partnership, corporation, receiver, association, executor, administrator,
trustee, guardian or an agent.
A person charged with a violation to be heard and determined
by the Municipal Code Violations Bureau may answer such charge by:
A.
Pleading guilty to the charge and paying a prescribed fine; or
B.
Appearing at a hearing of such charge to be held before a hearing
examiner at the Municipal Code Violations Bureau at a specified time
set forth on the Municipal Code violations ticket, or any adjourned
date thereafter;
C.
Completing an appropriate form, if provided, or portion of the ticket
prescribed by the Bureau, for the purpose of denying the charges and
forwarding the form and/or the ticket to the Bureau by the date set
forth in the ticket and appearing at the hearing of such charge to
be held before a hearing examiner at the Municipal Code Violations
Bureau at a time specified by the Bureau, or at any adjourned date
thereof. Upon receipt of the form and/or the ticket, such answer shall
be entered and a hearing date established by the Bureau. The Bureau
shall notify such person by first-class mail of the date of such hearing.
The order of the Municipal Code Violations Bureau shall be the
final determination of the Bureau. The person charged may seek judicial
review of such order by making application, within 30 days, to the
Lackawanna City Court for judicial review.
If a person charged with a Municipal Code violation does not
answer the charge as hereinbefore prescribed within the designated
time, the Municipal Code Violations Bureau shall cause a default judgment
to be entered. The Municipal Code Violations Bureau shall notify the
person charged, by first-class mail sent to the address on the appearance
ticket or to the person's last known address, of the violation
charged, of the impending default judgment and that such default judgment
will be entered unless the person charged enters a plea or makes an
appearance within 30 days of the sending of such notice.
The Municipal Code Violations Bureau shall keep a record of
all violations of which each person has been found guilty and also
a record of all fines collected and the disposition thereof.
A.
The Municipal
Code Violations Bureau may enter judgments and enforce them, without
court proceedings, in the same manner as the enforcement of money
judgments in civil actions in the City Court of Lackawanna.
B.
A judgment against a property owner entered under this chapter shall,
if unpaid, be a lien against the property and shall be added to the
property taxes of said property owner.
[Added 7-9-2016]
The following penalties shall apply to violations referred to the Municipal Code Violations Bureau pursuant to § 155-2 of this chapter:
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|
|
First offense
|
$25
|
$50
|
|
Second offense
|
$50
|
$100
|
|
Third offense
|
$100
|
$200
|
|
Subsequent offenses
|
$250
|
$500
|
