The City of Schenectady shall have a choice
of enforcing this chapter by seeking civil penalties or by instituting
a criminal proceeding or may choose to do both.
A.
Criminal proceeding. A summons or appearance ticket
for any violation of this chapter may be served in the County of Schenectady,
New York as defined within the meaning of New York Criminal Procedure
Law § 150.40. In the event that the owner does not reside
in the County of Schenectady, then the owner shall be obligated to
designate a managing agent, who maintains a bona fide residence in
the County of Schenectady.
B.
A designating managing agent of an owner may be served
with a notice of violation, order of remedy, order of violation, an
appearance ticket or other service of process, whether criminal or
civil, pursuant to and subject to the provisions of law as if actually
served upon the owner.
C.
No owner who designates a managing agent pursuant
to the provisions of this chapter may assert the defense of lack of
notice or lack of in personam jurisdiction based solely upon the service
of process upon his designated agent.
D.
Nothing contained in this section shall limit the
discretion of the Building Inspector or Corporation Counsel from seeking
an arrest warrant from a Court of competent jurisdiction where permitted
by law and as the circumstances may require.
Service of papers, notice of violations shall
be:
A.
By delivering to and leaving a copy of the same with
any person or persons violating, or who may be liable under any of
the several provisions of this chapter; and
B.
By registered or certified mail to the most current
address on file in the landlord registration statement upon the owner
and/or managing agent; or
C.
If none is on file to the most current address in
the City Assessors Office by registered or certified mail to the owner
and/or managing agent; and if such person or persons cannot be served
by any of the aforesaid methods after diligent search shall have been
made for him/her or them, then such notice or order may be served
by posting the same in a conspicuous place upon the rental property
where such violation is alleged to exist, or to which such notice
may refer, or which may be deemed unsafe or dangerous, which shall
be the equivalent of personal service of said notice upon all parties,
including the owner and/or managing agent for whom such search shall
have been made; or
D.
By any other method or service authorized pursuant to Article III of the New York State Civil Practice Law and Rules.
E.
Notice by mail to owners residing out of state. If
the person or persons or any of them to whom said notice is directed
do not reside in the State of New York and have no known place of
business therein, the same may be served by delivering to or leaving
with such person or persons or either of them a copy of said notice.
If said person or persons cannot be found with a due diligence search,
then by posting a copy of the same in a manner aforesaid and depositing
a copy thereof in a post office in the City of Schenectady, enclosed
in a sealed wrapper addressed to said person or persons at his/her
last known place of residence with the postage paid thereon, and said
posting and mailing a copy of said notice shall be equivalent to personal
service of said notice.
A.
Violations of Article II:
(1)
A violation of Article II of this chapter will constitute an offense within the meaning of the Penal Law of the State of New York, punishable as provided for herein. In addition, a violation of any provision of this article shall constitute a municipal infraction and will be subject to applicable penalties under this article, and the City of Schenectady may choose to enforce this article as a criminal or civil matter, or both. Any owner who violates, disobeys, neglects or refuses to comply with any of the terms of this article shall be subject to a fine of not less than $100 and not more than $500. Each week a violation continues shall be deemed a separate offense.
B.
Violations of Article III:
(1)
A violation of Article III of this chapter shall be an offense and shall be punishable by a fine of not less than $150 and not exceeding $250, or by a civil penalty of not less than $250. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
(2)
A second, independent violation of Article III shall be a Class A misdemeanor and shall be punishable by a fine of not less than $500 and not exceeding $1,000 and a period of incarceration of not less than 15 days nor exceeding one year. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
[Amended 9-12-2011 by Ord. No. 2011-16]
All fines and penalties collected under this
chapter shall be received in a dedicated fund for the purpose of offsetting
personnel costs of Code Enforcement Officers employed by the City
of Schenectady.
