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City of Lackawanna, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[HISTORY: Adopted by the City Council of the City of Lackawanna 12-7-1987 as Ch. 27, Art. II, Parts 1 and 2 of the 1987 Code. Amendments noted where applicable.]
This chapter shall be known and referred to as "Administration and Compliance Provisions."
The purpose of this chapter is to provide the basic method for uniform administration of, and compliance with, applicable housing standards, and to establish the responsibilities of those concerned therewith.
A. 
This chapter shall apply to the provisions and to premises within the scope of the New York State Uniform Code.
B. 
Premises, buildings, or structures which do not conform thereto, in whole or in part, on the effective date, and which require substantial alterations or installations to satisfy any such requirements, although in violation thereof, a reasonable period of time shall be provided, up to one year after the effective date, within which premises, buildings, or structures are to be made to conform, except if a building or structure is found to be dangerous and unsafe, in which event prompt compliance with the New York State Uniform Code shall be undertaken and carried out.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
As used in this chapter, the following terms shall have the meanings indicated:
AGENT
The designated representative of an owner, lessor, operator, occupant, or person, as filed with the Department of Development.
LESSOR
The grantor of a lease interest in premises.
OCCUPANT
The person in occupancy, or in possession, or in control of premises, or using premises.
OPERATOR
The person engaged in the activity of renting or providing space or premises for occupancy or use by others.
OWNER
The person exercising dominion or control over, or vested with title in, premises; a proprietor (legal owner, joint owner, part owner, record owner, equitable owner, reputed owner, or their successors in interest); or the respective agent of any of them.
PERSON
The owner, lessor, operator, or occupant of premises, or any firm or corporation, directly or indirectly in control of premises.
PREMISES
The land (improved or unimproved), place, property, buildings, structures, equipment, facilities, and improvements, if any.
A. 
The Department of Development shall be the enforcement agency of this chapter and shall administer and secure compliance with the applicable housing standards except as otherwise provided in Chapter 119, Fire Prevention, of the City of Lackawanna Municipal Code.
B. 
All personnel shall be qualified and appointed as prescribed by law, and shall be furnished with appropriate official badges or identification cards.
C. 
All personnel shall be free from personal liability for acts done in good faith in the performance of their official duties.
A. 
The Department of Development shall be charged with the duty of administering the housing standards and securing compliance therewith, and shall be empowered to adopt rules and regulations necessary for securing such compliance and for its own organization and internal management. Such rules and regulations shall not be in conflict with the housing standards or with any provision of law.
B. 
The Department of Development shall be empowered to prescribe and secure compliance with housing requirements for mobile homes used as temporary relocation housing in connection with an urban renewal, public improvement, or other publicly aided program.
C. 
The Department of Development shall be empowered to request, and shall receive, so far as may be necessary in the discharge of its duties, the cooperation of other officials or agencies of the municipality.
D. 
The Department of Development shall be empowered to require the registration of premises and to issue certificates of compliance with respect to the use and occupancy of premises, or issue temporary certificates, limited to premises or parts thereof before or during the performance of any work to eliminate or correct violations or deficiencies, for an initial period of 90 days, and renewable for additional ninety-day periods.
E. 
The Department of Development shall be empowered to require independent inspections and test of equipment and systems used in connection with premises.
F. 
The Department of Development shall be empowered to conduct surveys to determine the condition of premises, extent of deterioration, lack or adequacy of facilities, adequacy of maintenance, existence of unsafe and unsanitary conditions, extent of overcrowding, land use, and other relevant factors affecting safety, health, or welfare.
G. 
It shall be the duty of the Director of Development:
(1) 
To cause inspections to be made of premises within the scope of the housing standards;
(2) 
To cause an investigation of complaints of alleged violations of the housing standards;
(3) 
To issue written orders for the elimination or removal of conditions affecting or found to exist in, on, or about premises in violation of the housing standards, and, where appropriate, order the cessation of an unlawful use or nuisance, or the vacation, demolition, or repair of premises found dangerous or unsafe, and, to state in the violation order a reasonable time limit for compliance therewith, and the time within which an appeal may be taken;
(4) 
To request the City Attorney to take appropriate legal action upon failure to comply with a violation order or orders;
(5) 
To keep official records of Department of Development actions and activities;
(6) 
To cause studies to be made of housing and environmental conditions for the purpose of community improvement;
(7) 
To cooperate with other public and private agencies engaged in the study and improvement of housing and environmental conditions; and
(8) 
To publish an annual report including a summary of actions, activities, results, accomplishment, studies, as well as current and proposed programs.[1]
[1]
Editor's Note: Former Section 27.57, Registration, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
A. 
As scheduled by the Department of Development, owners and lessors of premises shall be responsible for the inspection and testing of plumbing, heating, gas, and electrical equipment and systems, sprinkler, standpipe, fire-detecting, and fire alarm systems, and elevators, dumbwaiters and escalators used in connection with such premises.
B. 
Inspections and tests shall be made by qualified persons who, because of experience or education, are recognized as competent by the Department of Development.
C. 
If any equipment or system is found to be defective or not in proper operating condition upon inspection or test, the owner or lessor shall promptly remedy such defect or condition.
D. 
Reports of inspections and tests, signed by the tester and a witness, together with a statement of any remedial measures to be taken, shall be filed with the Department of Development within 10 days after each inspection and test. A duplicate of the report shall be kept on the premises, available for examination by the Department of Development or its representatives.
E. 
Reports of inspections and tests shall not be used in or as the basis of prosecution for the existence of a defect or improper condition on the date of inspection.
Commencing with the third anniversary of the effective date of this chapter:
A. 
It shall be unlawful to occupy or use any premises unless and until a certificate of compliance shall have been issued by the Department of Development certifying that such premises conforms to the housing standards, except that a temporary certificate may be issued upon a showing, to the satisfaction of the Department of Development, that remedial action is being taken to correct violations.
B. 
A certificate of compliance shall be valid for five years from the date of issue, except; a new certificate shall be required for every premises, improved or unimproved, if the use or occupancy is changed, a building or structure is altered, or vacant premises are reoccupied; a certificate may be revoked, by written notice thereof, if upon an inspection premises are found to be in violation of the housing standards.
A. 
The Department of Development and its representatives shall be authorized, in the performance of their duties, to conduct inspections of premises, or parts of premises, at such times and in such manner as the Department of Development may find convenient or necessary, with the consent of the person in possession or occupancy.
B. 
If admission is refused or cannot be obtained from the person in possession or occupancy, the Department of Development or its representatives shall be authorized to obtain a warrant to make an inspection, provided reasonable or probable cause is shown.
C. 
In case of an emergency, the Department of Development or its representatives may, without a warrant, enter any premises or parts of premises to inspect the same, at any time, without the permission of the person in possession or occupancy.
A. 
Whenever the Department of Development finds that there has been a violation of the housing standards, the Department of Development shall issue a violation order to the person or persons responsible. The Department of Development shall also issue a violation order to the person or persons responsible for failure to register premises, for failure to file or maintain reports, or for the furnishing of a false statement, or for interference with an inspector lawfully authorized to enter premises, or in connection with the occupancy of premises for which no certificate of compliance has been obtained as required, or when a building or structure has been found to be or is deemed to be dangerous or unsafe hereunder. The order shall:
(1) 
Be in writing;
(2) 
Identify the premises;
(3) 
Specify the violation and remedial action to be taken;
(4) 
Provide a reasonable time limit for compliance;
(5) 
State the time within which an appeal may be taken; and
(6) 
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include, in the order, a statement that if the violation is not remedied within the time limit specified in the order, the Department of Development may remedy the violation.
B. 
A violation order may be served as follows:
(1) 
By personal service; or
(2) 
By mailing, by registered or certified mail, to the person whose name has been filed with the Department of Development, in accordance with this chapter, to his address as therewith filed, or to the occupant, of a copy of such order; or
(3) 
If no person has filed with the Department of Development the name and address of the owner, lessor, or their respective agent, upon whom an order may be served, as provided in this chapter, by posting a copy thereof in a conspicuous place on the premises and by mailing another copy thereof to the premises, on the same day as posted, enclosed in a postpaid wrapper addressed to the owner, lessor, or their respective agent.
C. 
In case the owner, lessor, occupant, or the agent of any of them, shall fail, neglect, or refuse to remove, eliminate, or abate the violation within the time specified, the Department of Development shall request the City Attorney to take appropriate legal action.
D. 
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, and the violation order has been served, but the violation has not been remedied within the time limit specified in such violation order, the Department of Development may remedy the violation, after obtaining a court order, without being required to give notice of the application for such order, authorizing the Department of Development to enter the premises and remedy such violation after the expiration of five days from the date of service of the court order. Unless the court otherwise directs in such order, it shall be served in the same manner as provided in Subsection B of this section for the service of a violation order.
E. 
Authority to issue appearance ticket for Municipal Code violations. Whenever a violation of this Code occurs, the City Engineer, the Director of Development or any code enforcement officer of the City of Lackawanna, or any person designated as such by the City Engineer or the Director of Development to enforce the Municipal Code of said City, in lieu of the procedure described above for enforcement or the issuance of a summons, may issue an appearance ticket to the owner or occupant of the premises involved. Upon failure of the person cited in said appearance ticket to appear as directed, a criminal summons or warrant for the arrest of such person pursuant to Criminal Procedure Law § 150.60 may be issued.
[Added 6-5-1995]
F. 
Wording and form of said appearance ticket. Said appearance ticket shall contain wording and substantially comply in form as follows:
[Added 6-5-1995
DEPARTMENT OF ENGINEERING/DEVELOPMENT
City Hall
Lackawanna, New York 14218
APPEARANCE TICKET
Print all entries: ISSUED TO:
                                                (Defendant's Name)
 (Number)                 (Street)                           (City & Zip Code)
YOU ARE HEREBY DIRECTED TO APPEAR IN THE LACKAWANNA CITY COURT, 714 Ridge Road, Lackawanna, New York 14218 on the ____ day of ___________, 20___, at 9:00 a.m. in connection with your commission of the charge of
(Offense)                                      (Date of Offense)
contrary to the provisions of Section __________ of the Lackawanna City Ordinance/State of New York Uniform Fire Prevention/Building Code.
IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED HEREON A CRIMINAL SUMMONS OR A WARRANT FOR YOUR ARREST MAY BE ISSUED (CPL Sec. 150.60). IF YOU HAVE POSTED BAIL, THE BAIL WILL BECOME FORFEIT UPON YOUR FAILURE TO COMPLY WITH THE DIRECTIONS OF THIS TICKET. (CPL Sec. 150.30)
ACKNOWLEDGEMENT OF DEFENDANT:
ISSUED AND SUBSCRIBED BY:
I, the undersigned, do hereby acknowledge receipt of this appearance ticket, and do agree to appear as directed.
Code Enforcement Officer:
Signed:
Affirmed under the penalty of perjury pursuant to Sec. 210.45 PL/NY
(Defendant)
Time _____________A.M./P.M.
Date issued: _________, 20__
Date ___________, 20_____
The procedures for the abatement of unsafe buildings or structures shall be dealt with in accordance with Chapter 83 of this Municipal Code entitled "Unsafe Buildings."
The Department of Development shall keep official records of, but not limited to, registrations and reports filed, certificates issued, complaints received, inspections made, violations found, orders issued, and actions taken. Such records shall be public records, open to inspection during business hours. Copies or transcripts of such records shall be furnished upon written application and payment of any and all lawful fees.
[Amended 2-22-2005 by L.L. No. 2-2005; 4-16-2013]
A. 
Failure to comply with a violation order within the time limit stated shall constitute an offense. A person convicted of an offense shall be punished by the provisions established in §§ 75-15 and 75-16 or by imprisonment for a period not to exceed 15 days, or both.
B. 
No remedy or penalty specified in this section shall be the exclusive remedy or penalties available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to and not in substitution for a limitation of the other remedies or penalties specified in this section or elsewhere in this Code.