No officer, agent, or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent, or employee of the City as a result of any act required or permitted in the discharge of his duties under this chapter, shall be defended by the Corporation Counsel until the final determination of the proceedings therein.
The Corporation Counsel shall, upon complaint of the Housing Code Inspector, or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct, or remove such violation and take such other legal action as is necessary to carry out the terms and provisions of this chapter.
The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law, and all remedies may be pursued concurrently or consecutively, and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.
[Amended 7-20-2023 by L.L. No. 1-2023]
A. 
Any person or persons jointly or severally aggrieved by any final order or administrative fee issued or imposed by the Housing Code Inspector may seek an administrative review of the same before the Nuisance Abatement Committee.
B. 
The aggrieved party shall initiate an administrative review by submitting a written request for administrative review to the Office of the City Manager along with a copy of the order or fee notice seeking to be appealed from within 14 days of receipt of the same.
C. 
The Nuisance Abatement Committee shall meet on a quarterly basis to hear appeals, at which time the aggrieved party or their counsel shall be granted the opportunity to present arguments on his or her own behalf to the Nuisance Abatement Committee.
D. 
Pursuant to the City Code of Auburn § 213-5, the Nuisance Abatement Committee shall possess the authority to make a determination as to reverse, modify, or affirm the final order or administratively imposed fee of the Housing Code Inspector.
E. 
Any person or persons jointly or severally aggrieved by any final order of the Nuisance Abatement Committee shall be deemed as exhausting all available administrative remedies and may seek to have such order reviewed by the Supreme Court in the manner prescribed by Article 78 of the Civil Practice Law and Rules and as otherwise provided for in the laws of the State of New York.
A. 
Any person who shall knowingly and willfully violate or assist in the violation of this chapter shall, upon conviction, be punished by a fine for the first offense in the amount not to exceed $250 or by imprisonment not exceeding 15 days or by both said fine and imprisonment for each offense. For a second offense committed within 12 months, the fine shall not exceed $500 or imprisonment not exceeding 15 days, or both said fine and imprisonment for each offense. For a third and subsequent violation committed within 12 months, the fine shall not exceed $1,000 or imprisonment not exceeding 15 days, or both said fine and imprisonment for each offense. Each day that such violation continues shall constitute a separate offense.
B. 
The penalties heretofore prescribed shall not be imposed upon a person who by operation of law acquires premises containing violations for which a violation order has been issued for a period of six months after the date of such acquisition of the premises. Nevertheless, the penalties provided shall attach and apply either upon the expiration date of such six-month period or upon transfer of title to the premises before the expiration of such period, whichever first occurs.