[HISTORY: Derived from Art. XVIII of Ch. XXV of the Charter
and Ordinances, 1974, of the City of Buffalo. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and demolition; fire prevention — See Ch. 103.
Unsafe buildings — See Ch. 113.
Certificates of occupancy — See Ch. 129.
Sanitation enforcement — See Ch. 137.
Electricity — See Ch. 165.
Garbage, rubbish and refuse — See Ch. 216.
Heating — See Ch. 238.
Inspections — See Ch. 249.
Lodging houses — See Ch. 269.
Eviction for illegal drug use and possession — See Ch. 270.
Multiple housing — See Ch. 281.
Plumbing — See Ch. 326.
Property maintenance — See Ch. 341.
Sanitation — See Ch. 378.
Smoke detectors — See Ch. 395.
Every building used in whole or in part as a home or residence of one or more persons shall conform to the requirements of §§ 242-1 through 242-11, inclusive, irrespective of the class to which such building may otherwise belong and irrespective of when such building may have been constructed, altered or repaired, unless otherwise provided in this chapter.
This chapter establishes minimum standards for occupancy, facilities
and maintenance and does not replace or modify standards or laws otherwise
established for the construction, replacement or repair of buildings
and dwellings, except such as are less restrictive than those hereinafter
required.
A.
The Erie County Commissioner of Health or his authorized representative
and/or the Commissioner of Permit and Inspection Services or his authorized
representative is hereby empowered and directed to make inspections
to determine the condition of dwellings and premises located within
the City in order that he may perform his statutory duty of safeguarding
the health and safety of the occupants of dwellings and of the general
public. For the purpose of making such inspections, the Commissioner
or his representative is hereby authorized to enter, examine and survey,
at all reasonable times, all dwellings and premises within the City.
[Amended 4-17-2001, effective 4-30-2001]
B.
It shall be the duty of the owner or occupant of a dwelling or the
person in charge thereof to give an authorized representative of the
Erie County Department of Health and/or the Commissioner of Permit
and Inspection Services free access to such dwelling and its premises
at all reasonable times for the purpose of such inspection, examination
and survey.
[Amended 4-17-2001, effective 4-30-2001]
C.
It shall be the duty of every occupant of a dwelling to give the
owner thereof or his agent or employee access to any part of such
dwelling or its premises at all reasonable times for the purpose of
making such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or with any lawful rule, regulation
or order adopted or issued pursuant to the provisions of this chapter.
[Added 7-20-2004, effective 8-2-2004]
Upholstered furniture may not be located, stored, or used on
any porch unless such porch is fully enclosed year-round in such a
fashion as to prevent any access to or use of the furniture by rodents
or other pests as harborage or nesting, or for nest-building material.
[1]
Editor's Note: Former § 242-4, Definitions, was
repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 242-5, General regulations,
was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 242-6, Area requirements;
use of basement and cellar space; egress, was repealed 12-9-2003,
effective 12-19-2003.
[1]
Editor's Note: Former § 242-7, Lighting and ventilation;
heating, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 242-8, Cooking and plumbing
facilities; garbage disposal; lodging houses, was repealed 12-9-2003,
effective 12-19-2003.
The designation of a dwelling or dwelling unit as unfit for
human habitation and the procedure thereon shall be in compliance
with the following:
A.
Whenever the owner, occupant or lessee or agent for the owner, occupant
or lessee or any person having charge or care of such premises fails
or refuses to comply with the orders of the Erie County Commissioner
of Health and/or the Commissioner of Permit and Inspection Services
based on the provisions of this chapter or on any rules or regulations
adopted by the Department of Health pursuant to the provisions of
this chapter, such dwelling or dwelling unit may be condemned by the
Commissioner as being unfit for human habitation and shall be vacated
or brought into compliance with the provisions of this chapter or
any other applicable laws, codes or ordinances within a reasonable
time as ordered by the Commissioner.
[Amended 4-17-2001, effective 4-30-2001]
B.
Before such placarding procedure may be used, except in a case of emergency as mentioned in § 242-10B, a notification or order of the Commissioner, based on the provisions of this chapter or rules or regulations adopted thereunder, to any owner or occupant or person having charge or care of any premises shall be put in writing and contain a brief description of the conditions complained of which are alleged to be in violation of specified provisions of this chapter or rules or regulations adopted thereunder or any other applicable ordinance, code or statute; and such notification or order may further state that if such alleged violations are not corrected within 10 days of service thereof, that the premises involved may be placarded under the provisions of this chapter or such other and further action may be taken as the Commissioner deems justified. Such notification or order may be served by mail or by personal service upon either the owner, occupant or person in charge of the premises or upon all of them, depending on the circumstances as to responsibility for the alleged violations complained of. If the premises are unoccupied, such notification or order may be mailed to the owner at the name and address shown on the records of the Department of Assessment and Taxation.
[Amended 4-17-2001, effective 4-30-2001]
C.
The following listed defective conditions in a dwelling or dwelling
unit shall not be deemed to be exclusive if other or different conditions
exist on such premises that may reasonably be deemed by the Commissioner
to cause the premises to be unsafe or in such condition as to be dangerous
to human life or property and to the health and safety of the public:
(1)
Where interior walls or other vertical structural members list, lean
or buckle more than 1/2 out of the vertical plane of the thickness
of those members between any two floors or the floor is sagged or
slanted more than 1/4 out of the horizontal plane of the depth of
floor structural members in any ten-foot distance.
(2)
Where the dwelling or dwelling unit has been so damaged by fire,
wind, flood or other cause as to become dangerous to the health or
safety of its occupants or of the public.
(3)
Where the dwelling or dwelling unit, in whole or in part, is so dilapidated,
decayed, unsafe or insanitary that it is likely to cause injury to
the health or safety of its occupants or of the public.
(4)
Where the light, air or sanitation facilities are inadequate to protect
the health or safety of its occupants or of the public.
(5)
Where the dwelling or dwelling unit has inadequate facilities for
egress in case of fire or panic or has unsafe stairways, elevators,
fire escapes or other means of egress.
(6)
Where the dwelling or dwelling unit has structural or other parts
which are so attached that they may fall or collapse and injure the
person or property of the occupants or of the public.
(7)
Where the dwelling or dwelling unit, because of its general condition,
is unsafe, insanitary or otherwise dangerous to the health or safety
of its occupants or of the public.
(8)
Where a condition exists in violation of any applicable provision
of the laws or codes of this state or in violation of any applicable
ordinances or codes of the City so as to cause such dwelling or dwelling
unit to be in an unsafe or insanitary condition or otherwise dangerous
to the health or safety of its occupants or of the public.
D.
No dwelling or dwelling unit which has been condemned as unfit for
human habitation and so placarded by the Commissioner shall be used
for human habitation until such placard is removed by the Commissioner.
Any person affected by any notice or order relating to the condemning
and placarding of a dwelling as unfit for human habitation may request
and shall be granted a hearing on the matter before the Commissioner
at a time and place set by him. In cases of emergency and immediate
and apparent danger to the life, property or safety of the occupants
of the dwelling or the public, the Commissioner shall have authority
to cause the premises to be immediately vacated and all use thereof
to cease until the cause for condemnation has been corrected, abated
or removed, and no hearing shall interfere with or delay such action
on the part of the Commissioner.
A.
Any person affected by any notice or order which has been issued
under any provision of this chapter or of any rule or regulation adopted
pursuant thereto may request and shall be granted a hearing on the
matter before the Commissioner of Health or the Commissioner of Permit
and Inspection Services, depending upon which Commissioner issued
the notice or order. Upon receipt of a written petition from such
person, which petition shall contain a brief statement of the grounds
therefor, the Commissioner shall hold a hearing, at which time such
person shall be given an opportunity to show why such notice or order
should be modified or withdrawn. No such hearing shall be required
unless the petition therefor shall have been filed in the office of
the Commissioner within five days after the date the notice or order
was issued. On receipt of such petition, the Commissioner shall set
a time and place for such hearing and shall give the petitioner written
notice thereof. The hearing shall be commenced not later than 10 days
after the date on which the petition was filed. After such hearing,
the Commissioner may sustain, modify or withdraw the notice or order
complained of by the petitioner, depending upon his finding as to
whether the provisions of this chapter and of rules and regulations
adopted pursuant thereto have been complied with. After any such hearing,
in the case of any notice or order suspending any permit required
by this chapter, when such notice or order has been sustained by the
Commissioner, such suspended permit shall be deemed to have been revoked.
The proceedings at such hearing, including the findings and decision
of the Commissioner, shall be reduced to writing and entered as a
matter of public record in the office of the Commissioner. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Commissioner
may appeal therefrom to any court of competent jurisdiction under
the procedures provided by the laws of this state.
[Amended 4-17-2001, effective 4-30-2001]
B.
No provision or requirement herein contained for a hearing shall
in any way whatsoever affect or impair the right of the Commissioner
to at any time bring such legal proceedings, actions or prosecutions
as otherwise or elsewhere are permitted by law or ordinance.
C.
Whenever the Commissioner finds that an emergency exists which requires
immediate action to protect the public health, he may, without notice
or hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as he deems necessary to meet
the emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately but, upon written
petition to the Commissioner, shall be afforded a hearing as soon
as possible. After such hearing, depending upon his finding as to
whether the provisions of this chapter and of the rules and regulations
adopted pursuant thereto have been complied with, the Commissioner
shall continue such order in effect or modify or revoke it.
[1]
Editor's Note: Former § 242-11, Responsibilities
of owners and occupants, as amended, was repealed 12-9-2003, effective
12-19-2003.
[Added 4-18-1995, effective 5-1-1995; amended 3-23-1999, effective 4-6-1999; 12-9-2003, effective 12-19-2003]
A.
Every property owner shall pay a fee of $75, to be assessed against
the property, for each inspection after the second inspection in which
violations of a state or local building code are found, unless such
fee is waived by the Bureau of Administrative Adjudication. Inspectors
shall assess the fee, after consultation with the Chief Building Inspector
or the Commissioner of Permit and Inspection Services, when, in the
evaluation of the inspector, the status of the violation has not progressed
or been satisfactorily completed. The fee shall not be applicable
to inspections ordered after the commencement of a court action.
B.
Each request for a waiver must be in writing to the Bureau of Administrative
Adjudication, setting forth in detail the circumstances justifying
the waiver, and shall be limited to one inspection. The waiver request
must include the name of the property owner, the address of the property
assessed the fee and the address of the owner of the property, if
different from the subject property. Nothing in this section shall
limit the number of waivers a property owner may request; however,
each request must be submitted separately to the Bureau of Administrative
Adjudication. The Bureau of Administrative Adjudication may grant
a waiver when extraordinary circumstances have been shown to exist.
Those circumstances include but are not limited to the weather, financial
hardship, family situations and illness. Each waiver granted by the
Bureau of Administrative Adjudication shall be in writing and shall
set forth the rationale behind granting the waiver.
[Added 5-14-2019, effective 5-14-2019]
A.
Any penalty, cost, or fine resulting from a violation of the City's housing standards code or other City or state building codes, entered as a judgment by a court of competent jurisdiction, recorded by Erie County Clerk, and certified as recorded by the Corporation Counsel to the Commissioner of Administration and Finance, may be placed on the general tax roll as set forth in Article 28 of the Charter of the City of Buffalo, and included as a tax lien on the property, in addition to, and notwithstanding any and all other remedies available to the City for the collection of such judgments.
B.
The unpaid judgment shall be placed on the general tax roll no sooner
than the fiscal year in which the judgment is certified as recorded.
The judgment amount shall be added to the general tax roll under the
separate heading "uncollected fines and penalties."
C.
The placement of the unpaid judgment on the general tax roll shall
be limited to those judgments that have a value equal to or greater
than 5% of the City's tax assessed value of the property in the
year the judgment is placed on the roll, and that have remained unpaid
for at least one year since the date of entry.
D.
The unpaid judgment shall be placed on the general tax roll of the
current tax year and shall not be placed on any list of delinquent
taxes.
E.
Nothing in this section shall apply to owner-occupied residential
property, or property that is the primary residence of the homeowner
as determined by the City Department of Permits and Inspections.
[Added 5-14-2019, effective 5-14-2019]
A.
Any uncollected penalties, costs, or fines recorded as a judgment and placed on the general tax roll shall be levied, enforced, and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien on the property as the general tax lien, including the foreclosure on the lien by proceedings in rem pursuant to New York State Real Property Tax Law Article 11.
B.
If, after the foreclosure on the general tax lien and partial collection
of a judgment occurs pursuant to this section, and a balance for unpaid
judgments remains against the former owner based on violation of housing
or building code standards, the City may proceed to collect the balance
using any other available remedy at law.
[Added 5-14-2019, effective 5-14-2019]
A.
Once a judgment against a property has been added to the general tax roll, the City shall notify all owners or known interested parties of record of placement within 30 days by service pursuant to § 308 of the New York Civil Practice Law and Rules for natural persons, or pursuant to § 1125 of the New York State Real Property Tax Law for non-natural persons. The notice shall include a description of the violation(s), the date of said violation(s), the amount owed, a statement detailing the foreclosure process that will occur if the violations remain unpaid or uncured as provided in § 242-16, the process to claim any surplus funds, and contact information for the City Department of Tax and Assessment.
B.
The City or its designee shall implement a program to provide notice
and counseling assistance or other support in relocating tenants,
as necessary, residing in property at risk of tax foreclosure due
to unpaid judgments under this section.
[Added 5-14-2019, effective 5-14-2019]
A.
If a judgment against a property that has been placed on the general
tax roll is satisfied in full prior to the expiration of the period
for redemption pursuant to § 1110 of the New York State
Real Property Tax Law, and the property is not otherwise subject to
tax foreclosure proceeding for failure to meet other City tax obligations,
the property shall be redeemed and removed from the City's action
to foreclose.
B.
Owners subject to judgments that have been placed on the general tax roll pursuant to § 242-13 may make improvements to the property to cure the violation(s) that resulted in the judgment to prevent tax foreclosure. Owners must make such improvements and notify the Department of Permits and Inspections, in writing, of the same prior to the period for redemption pursuant to § 1110 of the New York State Property Tax Law. The determination of whether or not the violations have been cured to the satisfaction of the City shall be made by the City Department of Permits and Inspections. An appeal of this determination may be made to the Zoning Board of Appeals within 30 days of determination.
C.
If an owner has satisfactorily cured the code violation(s), as determined
by the City Department of Permits and Inspections, that resulted in
the judgment being placed on the general tax roll, the judgment shall
be removed from the general tax roll, and the City shall cease any
proceeding to foreclose, provided the owner is current with other
tax obligations. If the owner satisfactorily cures such violation
but fails to pay the judgment in full, the amount owed pursuant to
the judgment shall remain an ordinary lien on the property.
D.
Nothing in this section shall preclude an owner from entering into
a payment plan with the City for amounts past due for code violations.
[Added 5-14-2019, effective 5-14-2019]
A.
Any surplus funds that remain after the foreclosure and auction of
a property due to unpaid judgments pursuant to this section shall
be made available to the former fee owner of such property upon application
to the City Department of Tax and Assessment in a manner prescribed
by the Department.
B.
Any surplus funds that remain after the foreclosure and auction of
a property due to unpaid City tax obligations in addition to unpaid
judgments pursuant to this section shall be made available to the
former fee owner in an amount equal to the surplus funds multiplied
by the ratio of unpaid judgments to the total amount of debt owed
to the City.
C.
"Surplus funds" for the purpose of this section shall mean the balance
of money received after auction of a property at a tax foreclosure
less the sum of unpaid tax obligations, unpaid judgments for code
violations, and the costs and attorneys' fees incurred by the
City.
