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City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
The code enforcement agency shall be authorized to make surveys in any area of the City to determine the general condition of structures used for human habitation, the extent of deterioration, lack of facilities and maintenance, unsafe and insanitary conditions, the extent of overcrowding, land use and other relevant factors.
The head of the code enforcement agency shall be authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the health, safety, morals and welfare of the public. The head of the code enforcement agency or his designated representatives shall be authorized to enter any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during business hours, or at such other time as may be necessary in an emergency, for the purpose of performing his duties under this chapter. Inspections herein authorized shall be limited to the provisions of this chapter.
The owner, operator, agent or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give personnel authorized in § 190-13 access to such dwelling, dwelling unit, rooming house, rooming unit and premises for the purpose of such inspections at any reasonable time during business hours or at such other times as may be necessary in an emergency.
Inspectors and authorized personnel of the code enforcement agency shall be supplied with official identification and, upon request, shall exhibit such identification when entering any dwelling, dwelling unit, rooming house, rooming unit or premises.
Whenever the head of the code enforcement agency determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time for compliance and shall be served upon the owner, agent, operator or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner, agent, operator or occupant if a copy is served upon him personally or if a copy thereof is sent by certified mail, return receipt requested, to the last known address of such person or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy is mailed by registered mail on the same day it is posted to the owner, agent, operator or occupant or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the head of the code enforcement agency as provided in § 190-28 of this chapter. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
[Added 5-12-1980 by Ord. No. 1]
Notwithstanding any other provisions of this chapter:
A. 
A criminal proceeding charging a violation of §§ 190-45, 190-46, 190-50, 190-51 and 190-57 of this chapter may be commenced by the issuance and service of an appearance ticket by a public servant pursuant to the Criminal Procedure Law of the State of New York.
B. 
No notice of violation need be issued prior to the initiation of a criminal proceeding, nor shall any defendant have the right to demand an administrative hearing pursuant to § 190-28 in respect to alleged violations of §§ 190-45, 190-46, 190-50, 190-51 and 190-57 of this chapter.
[Amended 5-10-1971]
Any notice of violation provided for in § 190-16 shall automatically become a final order if a written request for a hearing is not filed in the office of the head of the code enforcement agency within 10 days after receipt of the notice.
Whenever it is determined that the condition of a dwelling, dwelling unit, rooming house or premises is in violation of any applicable code which is not provided for by this chapter or which is provided for by a higher standard of such other law, code, ordinance or regulation, as provided in § 190-7, such condition or violation shall be referred to the appropriate authority.
Whenever the head of the code enforcement agency, at any stage of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in § 190-34. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
[Amended 1-10-2011 by Ord. No. 2-2011]
If, in the opinion of the head of the code enforcement agency, such violations constitute an emergency, or if the owner notified pursuant to § 190-16 fails to correct the specified violations, the City may abate such condition and assess a lien against the property for the cost of such abatement, together with an administrative fee of 15%, pursuant to the procedures set forth in Chapter 226 of the City Code.
Any owner of a building receiving a notice of violation stating that such building does not comply with the provisions of this chapter may demolish such building, and such action shall be deemed compliance.
[1]
Editor's Note: See also Ch. 125, Demolition of Buildings.
At the end of the period specified in the notice of violation or any extension thereof, it shall be the duty of the head of the code enforcement agency to make or cause to be made a reinspection of the dwelling, dwelling unit, rooming house, rooming unit or premises, and if compliance has not been established, appropriate legal action shall be instituted as specified in § 190-34 of this chapter, provided that additional notices of violation are not required.
The head of the code enforcement agency may extend the compliance time specified in any notice or order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
Whenever a notice or order has been issued for any infraction of this chapter, the head of the code enforcement agency may file a copy of such notice or order in the office of the City Clerk or agency having jurisdiction. Such recording shall constitute appropriate information of such notice or order to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby.
No owner of any dwelling, dwelling unit, rooming house, rooming unit or premises upon whom any notice or order pursuant to this chapter has been served shall sell, transfer, grant, mortgage, lease or otherwise dispose of such property to another until compliance with the provisions of such notice or order has been secured or until such owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale, transfer, grant, mortgage or lease, a true copy of such notice or order and, at the same time, give adequate notification to the head of the code enforcement agency of his intent to sell, transfer, grant, mortgage or lease and supply the name and address of such person to whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee who has been informed of the existence of any notice or order issued pursuant to this chapter shall be bound thereby.
All records of the code enforcement agency shall be public. Upon request, the agency shall be required to make a search and issue a certificate of any of its records, including violations, and shall have the power to charge and collect reasonable fees for such searches or certificates.