[Amended 12-13-1972, approved 12-15-1972; 5-23-1973, approved 5-24-1973]
A.
The Commissioner of Buildings, with the cooperation of the Commissioner
of Public Safety and the Fire Commissioner, shall administer and enforce
this chapter and secure compliance herewith, and is hereby empowered
to adopt rules and regulations necessary for securing such compliance.
B.
The Commissioner is hereby authorized to conduct surveys of housing
in any area of the municipality to determine the condition of premises,
extent of deterioration, lack of facilities, inadequate maintenance,
unsafe and unsanitary conditions, extent of overcrowding, land use
and other relevant factors.
C.
It shall be the duty of the Building Commissioner, with the cooperation
and assistance of the Commissioner of Public Safety and the Fire Commissioner,
to:
(1)
Secure periodic inspections, to be made not less than once every
four years, of all multidwellings within the scope of applicable housing
standards.
(2)
Cause an investigation of all complaints of alleged housing violations
or other unsafe or unsanitary conditions.
(3)
Order in writing the remedying of all conditions found to exist in
or on any premises in violation of provisions of this chapter or of
rules and regulations adopted by the Commissioner of Buildings; state
in the violation order a reasonable time limit for compliance therewith
and, where necessary, order the vacation of the premises found unfit
for human habitation.
(4)
Request the Corporation Counsel of the municipality to take appropriate
legal action in the name of the Commissioner of Buildings upon failure
of the responsible party to comply with such violation order within
the time specified therein, to institute appropriate action to restrain,
prevent, enjoin, abate, correct or remove such violation, and to take
such other legal action as is necessary to carry out the terms and
provisions of this chapter. The remedies provided for herein shall
be cumulative and not exclusive and shall be in addition to any other
remedies provided by law; any and all remedies may be pursued concurrently
or consecutively, and the pursuit of any remedy shall not be construed
as an election or the waiver of the right to pursue any and all of
the others.
(5)
Cause a search of the Building Department's records of housing
violations existing on any premises and issue a certified statement
thereof upon receipt of written request and payment of any fees required
by local law or ordinance.
(6)
Study housing conditions in the City.
(7)
Cooperate with other municipal, governmental and private agencies
engaged in the study and improvement of housing conditions.
(8)
Publish an annual report of housing conditions in the City, accomplishments
of the Building Department and recommendations for the future.
D.
Where violations of this chapter exist and pose an immediate hazard
or danger to the health, safety or welfare of building occupants or
of the public, the Building Commissioner may issue an order citing
the violation and directing such action by such Building Commissioner
as is necessary to remove or abate the immediate hazard or danger.
E.
Whenever the Building Commissioner determines that there has been a violation of any of the provisions of this chapter, he shall give notice of such violation to the owner, agent, operator, occupant or other person responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide at least 48 hours for compliance, except as provided in § 149-46 of this article, and shall be served upon the owner, agent, operator, occupant or other person responsible for such violation. Such notice shall be deemed to be properly served upon such owner, agent, operator, occupant or other person responsible for such violation if a copy thereof is served upon him personally, or if a copy thereof is posted in a conspicuous place in or about the building affected by the notice and a copy is mailed on the same day it is posted to the last known address of the owner, agent, operator or occupant, or by such other method authorized by the laws of the State of New York.
[Amended 2-23-1977, approved 2-24-1977; 10-25-1978, approved 10-26-1978]
A.
Building Department inspectors are hereby authorized and have the
right in the performance of their duties, to enter any premises during
normal business hours and in emergencies whenever necessary to protect
the public interest.
B.
Owners, agents, operators, executive officers of corporate owners,
occupants, contractors, lessees or tenants shall be responsible for
providing access to all parts of the premises within their control
to authorized Building Department personnel acting in the performance
of their duty.
C.
For the purpose of facilitating the inspection of vacant residential
rental units, it shall be the duty of every owner, sublessor, agent,
manager or operator of a vacant dwelling unit offered for rerental
to file a written request for vacancy inspection of the unit by the
Building Department prior to its rental.
[Added 11-13-1974, approved 11-15-1974; amended 8-8-1979, approved 8-8-1979; 8-27-1980; approved 8-28-1980]
D.
Tenant occupancy without vacancy inspection.
[Added 8-8-1979, approved 8-8-1979; repealed 8-27-1980, approved 8-28-1980]
E.
Person providing rent for dwelling without vacancy inspection.
[Added 8-8-1979; approved 8-8-1979; repealed 8-27-1980, approved 8-28-1980]
F.
The Building Department shall, within three days of the receipt of
the request for inspection, make such an inspection and shall, within
two days of said inspection, notify, in writing, the landlord or owner
requesting the inspection, of any violations discovered by the inspection
or that no violations were discovered.
[Added 8-8-1979, approved 8-8-1979]
G.
The request for inspection shall be made within two days after the
dwelling unit offered for rental becomes vacant.
[Added 8-8-1979, approved 8-8-1979]
H.
The request for inspection must be accompanied by a fee of $10 payable
to the Building Department.
[Added 8-8-1979, approved 8-8-1979]
I.
No dwelling unit shall be rented or reoccupied by any owner, sublessor,
agent, manager or operator until such inspection is completed and
the dwelling unit is certified by the Department of Buildings to be
free of any violations of this chapter, the Building Code or any rule
or regulation adopted pursuant thereto.
[Added 8-8-1979, approved 8-8-1979; amended 8-27-1980, approved 8-28-1980]
J.
Failure to comply with the mandates of this section shall result,
upon conviction, in a mandatory fine of $100 or imprisonment for 15
days, or both such fine and imprisonment.
[Added 8-8-1979, approved 8-8-1979]
A.
Whenever the Building Commissioner determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation, of any provision of this chapter, except as provided in § 149-46 of this article, or any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the owner, agent, operator, occupant or other person responsible for such violation. Such notice shall be in writing, shall specify the alleged violation, shall provide a reasonable time for compliance and shall be served upon the owner, agent, operator, occupant or other person responsible for such violation. Such notice shall be deemed to be properly served upon such owner, agent, operator, occupant or other person responsible for such violation if a copy is served upon him personally, or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy is mailed on the same day it is posted to the owner, agent, operator, occupant or other person responsible for such violation, or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Commissioner as provided in § 149-55 of this article. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
[Amended 10-25-1978, approved 10-26-1978]
B.
Whenever the Commissioner of Buildings or an inspector of the Building Department determines that a heat violation pursuant to Article VI, § 149-26A(1), of this chapter follows a prior notice of heating violation attributable to the same premises by no more than 120 days, the Commissioner or his inspector is authorized to issue, without further notice to the person responsible for such violation, a summons or appearance ticket returnable in the City Court for the prosecution of said violation.
[Added 8-8-1979, approved 8-8-1979]
C.
Whenever the Commissioner or an inspector of the Building Department determines that a heat violation pursuant to Article VI, § 149-26A(1), exists at premises which had not been the subject of a notice of violation for inadequate heat during the preceding 120 days, the person responsible for heating the premises shall be served with a notice of violation and an order pursuant to § 149-46 of this article to abate the hazard of inadequate heat within eight hours.
[Added 8-8-1979, approved 8-8-1979]
D.
In accordance with § 149-50 of this article, if the Commissioner of Buildings has provided in a written notice to the person responsible for heating the premises that the heating violation be cleared within a certain number of days of such notice, then, in that event, no summons or appearance ticket shall be issued for the violation until the expiration of the time allowed by the Commissioner of Buildings.
[Added 8-8-1979, approved 8-8-1979]
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 Article I, § 149-4, such condition or violation shall be referred to the appropriate authority.
[Amended 2-9-1977, approved 2-10-1977; 10-25-1978, approved 10-26-1978]
Whenever the Commissioner 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 or welfare of the occupants of a building or of the public, he may, without prior notice of 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. The order citing the violation shall also specify the time within which the said hazard or danger must be abated. Said time period shall not be less than eight hours and the said order shall also state that in the event the said hazard or danger is not abated within the time period specified in the order, the Commissioner of Buildings will take the steps necessary to abate the danger or hazard and the expenses of such abatement will be charged to the owner as provided in § 149-58 of this article.
[Amended 2-9-1977, approved 2-10-1977; 2-25-1981, approved 2-26-1981]
Whenever any violation of this chapter, in the opinion of the Commissioner with the concurrence of the Corporation Counsel, causes a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or the public, the Commissioner shall notify the owner of the property or his agent of said hazard by either personal service of the notice required in § 149-46 hereof or by posting said notice conspicuously upon the property in question and by telephone communication with said owner or his agent, and as to the aforesaid telephonic communication, at the telephone number designated by the owner for that purpose, at least three attempts to contact said owner or his agent shall be made, by mailing said notice by certified mail, return receipt requested, to said owner or agent at its last known address. Thereafter, the Commissioner may take such direct action as is necessary to abate the hazard or danger; provided, however, that expenditures in excess of $5,000 shall require prior approval of the City Council. Expenses incurred in the execution of such orders shall be recovered as provided in § 149-58 of this article.
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.
At the end of the period specified in the notice of violation or any extension thereof, it shall be the duty of the Commissioner to make or cause to be made a reinspection of the dwelling, dwelling unit, rooming house, rooming unit or premises, and if compliance has not been established, appropriate legal action shall be instituted as specified in § 149-41C(4) of this article. Additional notices of violation may be issued as a result of such reinspection.
The Commissioner 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.
Whenever a notice or order has been issued for any infraction
of this chapter, the Commissioner shall keep on file a copy of such
notice or order in his office. Such recording shall constitute appropriate
notice of such violation, infraction or order to any subsequent purchaser,
transferee, grantee, mortgagee or lessee of the property affected
thereby.
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 Commissioner of his intent to sell, transfer, grant, mortgage
or lease and supply the name and address of such person, persons or
firm to whom the sale, transfer, grant, mortgage or lease is proposed.
A purchaser, transferee, grantee, mortgagee or lessee shall be bound
by any notice or order issued and filed pursuant to this chapter.
Upon request, the Department of Buildings shall be required
to make a search and issue a certificate of any of its public records,
including violations, and shall have the power to charge and collect
reasonable fees for such searches or certificates.
[Amended 10-25-1978, approved 10-26-1978]
Any person affected by any notice of violation issued in connection with the enforcement of any provision of this chapter, except as provided for in § 149-46 of this article, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing before the Commissioner, provided that such person shall file in the office of the Commissioner a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom orders may be served and setting forth the reasons why such notice of violation should be modified or withdrawn. If this request is filed within five days after the service of notice of violation, compliance with such notice of violation shall not be required while the hearing is pending.
Upon receipt of a request for a hearing as provided in § 149-54, the Commissioner shall set a time and a place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
[Amended 10-25-1978, approved 10-26-1978]
After a hearing held in accordance with §§ 149-54 and 149-55 of this article and on consideration of the evidence presented, the Commissioner shall sustain, modify or withdraw the notice. If the notice of violation is sustained or modified, such decision shall be deemed a final order and shall be served as provided in § 149-43A of this article on the person or persons whom the Commissioner shall find to be responsible for the violation. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Commissioner shall have the power to authorize a variance from the provisions of this chapter, provided that the intent of the chapter shall be observed with respect to the safeguarding of public health, safety, morals and welfare.
The Commissioner shall keep a summary of testimony and a copy
of every relevant notice or order, the request for a hearing, entries
of appearance, findings of fact, if any, and the final determination,
and such record shall be maintained as a public record.
[Amended 2-9-1977, approved 2-10-1977; 10-25-1978, approved 10-26-1978; 11-10-2004, approved 11-12-2004]
The Commissioner of Buildings, with the assistance of the Corporation Counsel, shall cause the expenses incurred pursuant to §§ 149-46 and 149-47 of this article plus a service charge of 25% to be charged against the land on which the building or structure existed, as a municipal lien, or cause such costs to be added to the tax roll as an assessment or to be levied as a special tax against the land upon which the building or structure stands or did stand, or such costs may be recovered by the City of Mount Vernon in a civil action.
