City of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
[Ord. of 12-3-1962, § 320.1]
Any dwelling, dwelling unit, rooming house or rooming unit having any of the defects found in Subsections (a), (b), (c) and (d) may be designated by the head of the Code Enforcement Agency as unfit for human habitation and may be so placarded:
(a) 
The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
(b) 
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such manner as to create a serious hazard to the health and safety of the occupants or the public.
(c) 
The structure, because of the location, general condition, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
(d) 
The structure, because of the failure of the owner or occupant to comply with notices or orders issued pursuant to this Chapter, is unfit for human habitation.
[Ord. of 12-3-1962, § 320.2]
Whenever the head of the Code Enforcement Agency determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in Section 12-60, he shall include such finding within the notice of violation provided for in Section 12-34, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit, if compliance with the provisions of the notice of violation has not been secured.
[Ord. of 12-3-1962, § 320.3]
Whenever a notice of violation as provided in Section 12-61 has not been complied with or where Section 12-65 has not been invoked, the head of the Code Enforcement Agency may order the dwelling, dwelling unit, rooming house or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and occupant, as provided in Section 12-34.
[Ord. of 12-3-1962, § 320.4; Ord. of 12-19-1983, § 41]
Any dwelling, dwelling unit, rooming house, rooming unit designated as unfit for human habitation pursuant to Section 12-60 and ordered vacated as provided in Section 12-62 shall be vacated within such reasonable time as the Building Inspector may specify in his order. In the event that the owner, agent, operator or occupant fails to vacate the premises within such reasonable time, the Building Inspector may institute a special proceeding, pursuant to the Multiple Residence Law of the State of New York, to cause such building to be vacated and imposing the costs of executing said order to vacate as a lien upon the premises.
[Ord. of 12-3-1962, § 320.5]
No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in Section 12-63.
[Ord. of 12-3-1962, § 320.6]
(a) 
The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the head of the Code Enforcement Agency shall deem necessary.
(b) 
A vacant building, open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
[Ord. of 6-6-1977, § 1; Ord. of 9-4-1979, § 1; Ord. of 9-7-1993, § 9; Ord. of 8-21-1995, § 2]
(a) 
It shall be the duty of any owner, agent or operator of a dwelling, dwelling unit, rooming house, rooming unit or any other building to disconnect or shut off the connection to the city water supply and remove the water meter and reading device and return said meter and device to the city within 10 days after such building has been vacated. It shall further be the duty of such owner, agent or operator to secure a certificate from a duly licensed exterminator certifying that the premises has been fumigated and/or baited for the purpose of exterminating rats, mice, roaches and other vermin within 10 days after such building has been vacated. Where an order to vacate has been served on the owner, agent, operator and occupant of such building, as provided in Section 12-34, notice shall state that the owner, agent or operator shall make such disconnection and furnish such certificate within 10 days after vacation of the premises.
(b) 
Any dwelling, rooming house or any other residential building which has been vacant for over 60 days shall be required to paint any wooden boards used to secure or barricade all windows, doors and other openings in the building in a color that is consistent with the exterior color of the building or structure. If the provisions of this section are not complied with, after written notice is served upon the owner, agent or operator of such building, by certified mail, the Building Inspector may arrange to have said boards painted by the city and the actual cost to the city, plus a sum equal to 5% of such actual cost for inspection and other additional costs in connection therewith, shall be certified by the Building Inspector to the Commissioner of Finance. The amount thereof shall become a lien upon the property, 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 Laws and/or Code of Ordinances of the city and subject to all the provisions thereof.
[Ord. of 6-6-1977, § 1; Ord. of 9-4-1979, § 1, 2; Ord. of 12-19-1983, § 35]
(a) 
Notice required. If the provisions of Section 12-65.1 are not complied with, the Chief Code Enforcement Officer may serve written notice upon the owner, agent or operator of such building to comply with the provisions of said section.
(b) 
Service and contents of notice. Such written notice shall be sent by certified mail to such owner, agent or operator, or if such owner, agent or operator is unknown, such notice may be affixed to or posted upon said building. Such notice shall require compliance with the provisions of Section 12-65.1 within 48 hours after the date of making or posting of such notice as aforesaid.
(c) 
Correction of condition by city. If the person upon whom such notice is served fails, neglects or refuses to disconnect or shut off the water supply from such premises or to submit an exterminator's certificate within 48 hours after the date of mailing or posting of such notice, the Building Inspector shall notify the Water Department to disconnect the water supply and shall notify a certified exterminator to perform such extermination services and provide such certificate.
(d) 
Cost declared lien. The actual cost to the city of disconnecting the water supply and/or obtaining extermination services, plus a sum equal to 5% of such actual cost for inspection and other additional costs in connection therewith, shall be certified by the Building Inspector and the Water Department to the Commissioner of Finance. The amount thereof shall become a lien upon the property, 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, § 320.7]
Wherever the head of the Code Enforcement Agency designates a building as unfit for human habitation as provided in this Chapter and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include, within the notice of violation provided for in Section 12-34, a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee or mortgagee as provided in Section 12-34. The owner may demolish such structure as provided in Section 12-39 or correct the violation regardless of cost, provided that the requirements of the Building Code in effect at the time of attempted compliance are satisfied.
[Ord. of 12-3-1962, § 320.8]
Whenever a notice of violation as provided in Section 12-66 has not been complied with, the head of the Code Enforcement Agency may order the building demolished. Such order shall be served as provided in Section 12-34, and demolition shall be completed within the time specified by the head of the Code Enforcement Agency.
[Ord. of 12-3-1962, § 320.9]
(a) 
Whenever a notice or order to remove a violation, secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the head of the Code Enforcement Agency to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or take such other action as is necessary to abate the nuisance.
(b) 
Whenever the head of the Code Enforcement Agency determines that such nuisance exists, he shall record sufficient proof to support such determination, and the owner, occupant, lessee or mortgagee shall be notified of such finding pursuant to Section 12-34. Abatement authorized by this section shall not commence until at least 10 days after service of such notice.
[Ord. of 12-3-1962, § 820.10; Ord. of 11-21-1977, § 1]
(a) 
The expenses incurred pursuant to Sections 12-38, 12-65, 12-67 and 12-68 shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other matter. The Code Enforcement Agency shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by Sections 12-38, 12-65, 12-67 or 12-68. The head of the Code Enforcement Agency may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien.
(b) 
Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien herein authorized.