[Ord. of 12-3-1962, § 300.2; Ord. of 2-3-1975, § 1; Ord. of 5-6-1980, § 1;
Ord. of 12-19-1983, § 35; Ord. of 4-3-1989, § 1]
(a)
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 times 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 purposes of this Chapter.
(b)
The Building Inspector or his designated representatives shall be
authorized to make or cause to be made inspections in accordance with
the purposes of this Chapter, at the request of a nonowner or nonoccupant
of such dwellings, dwelling units, rooming houses, rooming units and
premises; provided, however, that an inspection fee as determined
from time to time by the Common Council is paid prior to such inspection.
(c)
Prior to performing any interior inspection of private property pursuant
to this Chapter, the Inspector shall obtain permission for such inspection
from the property owner or his authorized agent or representative.
In the event that such owner or agent neglects or refuses to allow
inspection, either upon initial inspection or reinspection, the Inspector
shall request that the Corporation Counsel make application to a court
of competent jurisdiction for a search warrant. Such application is
to be made on notice to the property owner or his authorized agent
or representative. In cases of public emergency, the notice requirement
may be dispensed with and application made ex parte. These provisions
shall apply to tenants of any premises to be inspected.
(d)
The Building Inspector shall promulgate, and amend as necessary,
a form, entitled "Field Inspection Report," which shall indicate any
violation of the provisions of this Chapter or of Chapter F of the
Uniform Code found at the premises. Such report shall be completed
by the Building Inspector or his/her deputy conducting the inspection
at the conclusion of the inspection of the premises and shall be provided
to the home owner, or his or her designated representative or agent,
who is present at the time of the inspection. The report shall provide
for signature by the property owner or representative or agent upon
receipt of said report at the completion of the inspection of the
premises.
[1]
Editor's Note: An ordinance adopted 5-6-1980, § 1,
repealed former Section 12-32, which provided for access to dwellings
by inspectors, derived from an ordinance of 12-3-1962, § 300.3.
[Ord. of 12-3-1962, § 300.4]
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.
[Ord. of 12-3-1962, § 300.5; Ord. of 7-17-1972; Ord. of 10-21-1980, § 1; Ord. of 12-19-1983, § 35,
38]
(a)
Whenever the Building Inspector determines that there has been a
violation, or that there are reasonable grounds for belief that there
has been a violation of any provision of this Chapter or of Chapter
F of the Uniform Code, the Building Inspector shall give notice of
such violation or violations and an order to abate to the person or
persons responsible for such violations. Such notice shall be in writing
and shall specify the alleged violations and shall provide a reasonable
time for compliance. Such notice shall be served upon the owner, occupant,
operator or agent as the case may require, in accordance with the
requirements hereinafter set forth.
(b)
Such notice shall be deemed to be properly served upon such owner,
agent, occupant or operator if a copy is served upon such owner, agent,
occupant or operator 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 the building
affected by the notice and if a copy of said notice is mailed by certified
mail, return receipt requested, on the same day as posted to the owner,
agent, occupant or operator; or such other method of service authorized
by the Civil Practice Law and Rules of the State of New York.
(c)
Such notice shall inform the person to whom it is directed of his right to apply for a hearing as provided in Section 12-50. Such notice may contain an outline of remedial action which will effect compliance of the provisions of this Chapter and with any rules and regulations adopted pursuant thereto.
[Ord. of 12-3-1962, § 300.6; Ord. of 12-19-1983, § 39]
Following receipt of the notice of violation and order to abate with notice of right to a hearing, as provided in Section 12-34, the person responsible for such violation, or his agent, shall have 10 days within which to request a hearing, in the manner provided in Section 12-50. In the event that said person fails to request said hearing as so provided, he shall be deemed to have waived his right to a hearing, and to any further administrative remedies, and the determination of the Building Inspector shall be deemed final and conclusive.
[Ord. of 12-3-1962, § 300.7]
Whenever it is determined that the condition of a dwelling, dwelling unit, rooming house, rooming unit 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 Section 12-5, such condition or violation shall be referred to the appropriate authority.
[Ord. of 12-8-1962, § 300.8]
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 Section 12-62. Notwithstanding any other provision of this Chapter, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
[Ord. of 12-3-1962, § 300.9]
Whenever any violation of this Chapter which, in the opinion of the head of the Code Enforcement Agency, causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or the public, has not been corrected in the time specified by the order issued under Section 12-37, the head of the Code Enforcement Agency may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in Section 12-69.
[Ord. of 12-3-1962, § 300.10]
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.
[Ord. of 12-3-1962, § 300.12; Ord. of 10-21-1980, § 1; Ord. of 12-19-1983, § 35]
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. Evidence of intent to comply within
the period specified shall consist of a written agreement entered
into between the city and the owner or authorized agent of the dwelling
in a form approved by the Building Inspector.
[Ord. of 12-3-1962, § 300.13]
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.
[Ord. of 12-3-1962, § 300.14]
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 the 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 code shall be bound thereby.
[Ord. of 12-3-1962, § 300.15]
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 as to any of its records, including violations, and
shall have the power to charge and collect reasonable fees for such
searches or certificates.
