[Ord. of 12-3-1962, § 300.1]
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 unsanitary conditions, the extent of overcrowding,
land use and other relevant factors.
[Ord. of 12-3-1962, § 330.1]
(a)
The head of the Code Enforcement Agency is authorized to make and
adopt such written rules and regulations as may be necessary for the
proper enforcement and interpretation of this Chapter and to secure
the intent thereof. Such rules and regulations shall not be in conflict
with the provisions of this Chapter or any other ordinance of the
city, nor shall they have the effect of waiving any provisions of
this Chapter or any other ordinance. Such rules and regulations shall
have the same force and effect as the provisions of this Chapter,
and the penalty for violation thereof shall be the same as the penalty
for violation of the provisions of this Chapter.
(b)
Such rules and regulations shall be submitted to the local legislative
body by the head of the Code Enforcement Agency. Failure of the local
legislative body to approve, reject or modify such rules and regulations
within 30 days after submission shall be deemed to constitute approval
thereof. Said rules and regulations, as approved by the local legislative
body, shall be on file and available as a matter of public record.
[Ord. of 12-3-1962, § 330.2; Ord. of 12-19-1983, § 37]
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 in accordance with Section 18 of the Public
Officers Law of the State of New York.
[Ord. of 12-3-1962, § 330.3; Ord. of 8-1-1977, § 1; Ord. of 8-15-1996, §§ 1
and 2]
Any person, business, partnership or corporation who shall violate any of the provisions of this Chapter shall be subject to a fine in City Court or a civil penalty recoverable in accordance with Sections 12-23.1 and 12-23.2 of this Chapter of $3 per day for each separate violation from the date set for correction in the notice of violation, served in accordance with Section 12-34 of this Chapter, until the violation is corrected. Each day for which such violation continues shall constitute a separate offense. The imposition of any such fine or penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations.
[Ord. of 8-1-1977, § 1; Ord. of 10-21-1980, § 1]
(a)
A person who violates any requirement of this code shall be subject
to a cumulative civil penalty of $3 per day for each separate violation
from the date set for correction in the notice of violation, until
the violation is corrected. The penalty may be collected by the Code
Enforcement Department by action against the owner or other responsible
person, commenced by the Corporation Counsel of the city.
(b)
The notice of violation shall specify the last date when each violation
shall be corrected. The date of correction shall be:
(1)
Not less than 30 days from the date of mailing of the notice
in the case of nonhazardous violations;
(2)
Fifteen days from the date of mailing of the notice in the case
of hazardous violations; and
(3)
Forthwith in the case of immediately hazardous violations, in
which case the notice must be served by personal delivery.
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The code enforcement department, by regulation, shall classify
all violations in accordance with the designated categories. The department
may postpone the last day when a violation shall be corrected upon
a showing by the owner or other responsible person that he has begun
to correct the violation or that full correction of the violation
cannot be completed within the time provided because of technical
difficulty, inability to obtain necessary materials or labor or inability
to gain access to the dwelling unit wherein the violation occurred.
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(c)
When an owner or other responsible person has corrected one or more
violations, he shall promptly but not later than two weeks after such
correction, report to the Department, in writing, indicating the date
when each violation was corrected. It shall be presumed that the violation
was corrected on the date so indicated, unless a subsequent inspection
by the Department again reveals the existence of the condition giving
rise to the earlier notice of violation. Evidence of the condition
shall be deemed sufficient to support a finding that the owner or
other responsible person failed to correct the violation, unless he
explains the existence of the condition to the satisfaction of the
Code Enforcement Department.
(d)
When there are a number of separate instances of a single condition
that violates any requirement of this code, such separate instances
of such condition shall be treated collectively as a single violation
with respect to any one dwelling unit or with respect to the public
parts of the dwelling wherein they occur, but nothing contained in
this subsection shall limit the number of violations that may be included
in any notice of violation or the number of violations for which a
penalty under this section may be collected with respect to each dwelling
unit or the public parts of the dwelling.
[Ord. of 8-1-1977, § 1]
(a)
The Corporation Counsel may bring an action in court for the recovery
of civil penalties imposed pursuant to this Chapter, together with
costs and disbursements.
(b)
The defendant in an action for civil penalties may show, in mitigation
of his liability:
(1)
That the violation giving rise to the action was caused by the
willful act or gross negligence, neglect or abuse of another pursuant
to Subsection (d) hereof; or
(2)
That he began to correct the violation promptly upon receipt
of notice hereof, but that its full correction could not be completed
within the time provided because of technical difficulties, inability
to obtain necessary materials or labor or inability to gain access
to the dwelling unit wherein the violation occurs.
(c)
If the court finds, upon a showing by the defendant as provided in Subsection (b), that sufficient mitigating circumstances exist, it may remit all or part of the accumulated civil penalties arising from the violation with respect to which such a showing was made.
(d)
The defendant in an action for civil penalties who has corrected
violations giving rise to the action and who asserts that such a violation
was caused by the willful act or gross negligence, neglect or abuse
of a third party may request the court to permit consolidation of
his action for the reasonable cost of such collection against such
third party with the action for civil penalties.
(e)
When the Corporation Counsel obtains a judgment in an action under
this Article, in addition to the appropriate methods of enforcement
for judgments established in the civil practice law and rules, such
judgments for penalties shall constitute a lien and shall be filed
with the Commissioner of Finance, within one-year from the entry of
the judgment, and the total amount thereof shall be added to and become
a part of the next annual assessment roll at the time and in the manner
prescribed by the Charter of the city and subject to all the provisions
thereof.
[Ord. of 12-3-1962, § 330.4]
The remedies provided for herein shall be cumulative and not
exclusive and shall be in addition to any other remedies provided
by law; and any and all remedies may be pursued concurrently or consecutively
and the pursuit of any remedy shall not be construed as an election
or waiver of the right to pursue any and all others.
[Ord. of 12-3-1962, § 330.4]
The Corporation Counsel shall, upon complaint of the head of
the Code Enforcement Agency or upon his own motion, institute appropriate
action to restrain, prevent, enjoin, abate, correct or remove a violation
hereunder and to take such other legal action as is necessary to carry
out the terms and provisions of this Chapter.
