[HISTORY: Adopted by the Common Council of the City of Plattsburgh
by L.L. No. 2-2003 (Ch. 192 of the
1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration and enforcement — See Ch. 144.
Pursuant to § 20, Subdivision 35, of the General City
Law of the State of New York and the powers of the City of Plattsburgh,
this article establishes the procedures for the removal or repair
of any building, structure or staging which endangers or will endanger
the health, safety or welfare of the public from any cause.
A.
The Building Inspector shall inspect any building, staging or structure
which may be unsafe or dangerous and submit a written report to the
Mayor and Common Council, and file a copy in the office of the City
Clerk, setting forth in detail the condition of the building, structure
or staging at the time of inspection.
B.
Whenever a building or part of a building, staging or structure is
found to be in an unsafe or dangerous condition, the Building Inspector
shall cause the same to be entered upon a docket of unsafe buildings,
to be kept by the Building Inspector.
Any building or part of a building, staging or other structure
which is a danger to life and safety as a result of structural instability,
fire, explosion or other hazardous situation or that, from any cause,
may now be or shall at any time hereafter become dangerous or unsafe,
in the judgment of the Building Inspector, shall be taken down, demolished
or removed or made safe and secure.
A.
If the Building Inspector shall find that a building, structure or
staging is or will be dangerous to the health, safety or welfare of
the public, he shall issue an order requiring the repair, removal
or other remedial action concerning the building, staging or structure.
B.
The order shall be served upon the owner, mortgagee, lienholders
and all other persons of record having an interest in such property
or structure, by personal service, or by registered or certified mail,
or by any other method authorized by the New York Civil Practice Law
and Rules. Service by registered mail or certified mail shall be at
the last known address as shown by the records of the City Assessor
and/or in the office of the County Clerk.
C.
The order shall:
(1)
Contain a description of the premises.
(2)
Contain a statement of the particulars in which the building, staging
or structure is unsafe or dangerous.
(3)
Require that the building, staging or structure be repaired, removed
or otherwise cured of the dangerous or unsafe condition.
(4)
State the time, within which the owner shall commence and complete
repair, removal or other curative action.
(5)
State the time, place and date of a hearing to be held on all matters
raised by the order.
(6)
Require that the owner of the building, staging or structure attend
the hearing.
(7)
Inform all persons served that in the event that the owner fails
or refuses after hearing to repair, remove or otherwise cure the dangerous
or unsafe building, staging or structure as required by the Building
Inspector or if the owner fails or refuses to attend the hearing,
then the Building Inspector shall cause the City to repair, remove
or otherwise cure the unsafe or dangerous building, staging or structure
and assess the costs and expenses of the City against the land and
otherwise collect such costs and expenses as allowed by the Code of
the City of Plattsburgh and the laws of the State of New York.
D.
Any person served with an order may, prior to the time of hearing,
certify assent to the order. A certificate of assent shall be filed
with the Building Inspector, in writing, and shall:
E.
Upon filing a certificate of assent with the Building Inspector,
the hearing shall be postponed if the Building Inspector approves
the detailed statement of work to be done and the timetable for its
completion. The person filing an approved certificate of assent shall
timely and properly complete the work called for in the certificate
assent.
F.
The hearing shall be rescheduled if the work is not properly and
timely completed, if re-inspection is refused or if after re-inspection
the conditions set forth in the order have not been properly remedied
as required in the other or the certificate of assent.
G.
If after re-inspection all work required in the order and certificate
of assent has been properly and completely performed, the Building
Inspector shall quash the order and the Corporation Counsel shall
consent to vacation of the order.
A copy of said order shall be filed in the County Clerk's
office. The order shall be filed by such Clerk in the same manner
as a notice of pendency pursuant to Article 65 of the Civil Practice
Law and Rules and shall have the same effect as a notice of pendency
as therein provided, except as otherwise hereinafter provided in this
section. An order so filed shall be effective for a period of one
year from the date of filing, provided that it is not vacated upon
the order of a Judge or Justice of a court of record or upon consent
of the Corporation Counsel. The Clerk of the County shall mark such
order and any record or docket thereof as canceled of record upon
the presentation and filing of such consent or of a certified copy
of a court order.
A.
The hearing authorized by this article shall be held before a person
designated by the Mayor who may be the Building Inspector (except
where civil penalties are sought to be imposed), another City officer,
or a person who is not a City officer or employee, at which time any
interested party may be heard in regard to the matter contained in
the order.
B.
Such a hearing may be set without need of any request for hearing.
Unless notice of the hearing was provided when the administrative
code enforcement process was commenced, 10 days' written notice
of the hearing shall be provided by first class mail, registered or
certified mail, return receipt requested, delivery to the person to
be served or by any other method authorized by the New York Civil
Practice Law and Rules.
C.
Hearings may be consolidated on one or more notices or orders. Hearings
may be rescheduled for good cause shown.
D.
At the hearing, persons, including City employees and representatives
of the Building Inspector's office, may present testimony and
other information regarding the matters raised in the notice or order.
The rules of evidence shall not apply.
E.
Subpoenas may be issued, upon the prior approval of the Corporation
Counsel, to compel attendance and testimony of witnesses and production
of documents or other information or records. A subpoena shall be
served and enforced as provided in the New York Civil Practice Law
and Rules relating to enforcement of a subpoena issued by a board
or committee.
F.
If no person against whom enforcement is sought appears at the hearing,
the hearing may proceed solely on information and evidence submitted
by the Building Inspector.
G.
The hearing officer shall preside over the hearing, shall determine
what evidence and testimony shall be considered, shall cause a stenographic
recording of the hearing to be made and shall issue recommended findings
of fact and conclusions of law. Such recommended findings and conclusions
shall be delivered to the Building Inspector. Based upon the findings
and recommendations of the hearing officer, appropriate enforcement
shall be ordered by the Building Inspector, in writing. Such an order
may mandate appropriate corrective or curative action; impose civil
penalties; and address such other matters as are necessary to properly
conclude the administrative enforcement proceeding.
H.
For good cause shown, the time to complete corrective or remedial
action or code compliance may be extended.
I.
All orders shall be mailed or otherwise delivered to the parties
who appeared at the hearing.
J.
In each decision or order, the appeal rights of those persons aggrieved
shall be stated.
A.
In the event that the owner and other parties served fail or refuse
to attend the hearing, fail or refuse to timely and properly complete
all work to be done pursuant to an approved certificate of assent,
or fail or refuse to repair, remove or cure as directed in the order,
within the time indicated therein, the City of Plattsburgh may, at
any time thereafter, in addition to any other remedies available,
including, but not limited to, prosecution for violation of this article,
enter upon such building, staging or structure to perform work required
under the order.
B.
All costs and expenses incurred by the City of Plattsburgh in connection
therewith, including, but not limited to, the cost of actually repairing,
removing or curing the same and the cost of title searches and reasonable
and necessary legal expenses shall forthwith be paid by the property
owner.
C.
If such costs are not paid, they shall become and be a lien upon
and against the property or premises so affected.
D.
The costs and expenses may also be collected by one or more of the
following means:
E.
Notice of costs and expenses and of enforcement pursuant to Subsection C or D of this section shall be given to all recorded owners, mortgagees and lienholders by registered or certified mail, return receipt requested, at the last known address as shown by the records of the City Assessor and/or in the office of the County Clerk.
A.
If the Building Inspector finds that a building, staging or structure
is in imminent danger of collapse, is an immediate peril to the public
health and safety or requires immediate action to protect the public's
health and safety, then the Building Inspector may order that the
City of Plattsburgh or its contractors make repairs, remove or take
other appropriate curative action regarding such building, staging
or structure.
C.
After completion of the work ordered by the Building Inspector, the
Building Inspector shall notify all recorded owners, mortgagees and
lienholders of the costs and expenses incurred by the City of Plattsburgh
in connection therewith, including, but not limited to, the cost of
actually repairing, removing and curing and the cost of title searches.
Such costs and expenses shall be paid by the owner.
D.
The Building Inspector shall notify the owners, mortgagees and lienholders of record of costs and expenses at the last known addresses as shown by the records of the City Assessor and/or in the office of the County Clerk. Notice shall be given by any of the methods of service authorized in § 148-4B supra.
In case there shall be, in the opinion of the Building Inspector, imminent danger of the falling of any building, structure or staging or part thereof so as to endanger life or properly and require immediate action to protect the public's health and safety, the Bureau shall, without prior notice, cause the necessary work to be done to render such building or part thereof temporarily safe. Powers authorized herein are in addition to any action which may be undertaken pursuant to this chapter. Costs of temporary safeguards shall be paid by the owner, with notice and methods of collection as provided in § 148-7 supra.
A.
Civil penalties may be assessed by the Building Inspector after a
hearing.
B.
An action for civil penalties may also be commenced in a court of
competent jurisdiction by itself or in conjunction with any other
civil remedy available to the City. The City's action may seek
an award for attorneys' fees, costs, expenses and disbursements.
C.
When the City obtains a judgment in an action for civil penalties
as authorized in this section, in addition to the appropriate methods
of enforcement of the judgment established in the New York Civil Practice
Law and Rules, such judgment for penalties may be filed in the office
of the County Clerk as a lien against the property affected and may
be enforced against the premises and upon the rents and compensation
due or then maturing for any tenant or occupant of the premises and
may be collected from such rents or compensation without further proceedings.
D.
Notwithstanding any other provision of the City Code, whenever any
action, omission or conduct is in violation of the City Code and such
action, omission or conduct causes a danger to the health, safety
or welfare of one or more persons or the public generally, then such
a violation shall be punishable as an offense and shall be subject
to a civil penalty of not less than $250 nor more than $5,000.
E.
Each day an unlawful act, omission or conduct continues shall be
considered a separate offense.
