This article shall be known as "Administration
and Compliance Provisions supplementary to applicable standards of
the Commercial Code of the City of Albany, New York."
The purpose and scope of this article is to
provide uniform administration of, and compliance with, applicable
standards of this code and to establish the responsibilities of parties
concerned therewith.
This article shall not apply to premises which
are not within the purpose and scope of this code.
Operators shall be responsible for compliance
with this code in regard to the following:
A.
Maintaining that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
B.
Maintaining all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls,
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
C.
Keeping exits from his building or premises clear
and unencumbered.
D.
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
E.
Extermination of insects, rodents or other pests.
F.
Keeping all walks and parking areas free of ice and
snow.
A.
The Bureau of Code Enforcement of the Department of
Buildings of the City of Albany, New York, is hereby designated as
the agency to administer and secure compliance with this code. Such
agency is hereinafter referred to as "the Bureau."
B.
The Bureau shall be under the direction and charge
of the Commissioner of Buildings as Chief Officer of said Bureau who
shall have as his representatives such assistants and inspectors as
may be necessary to carry out effectively the powers and duties of
the Bureau.
C.
All personnel of the Bureau shall be qualified and
appointed as prescribed by the laws of the City of Albany and the
rules and regulations of Department of Buildings.
A.
The Bureau shall be charged with the duty of administering this code and securing compliance therewith except as restricted by § 151-77C and shall be empowered to adopt rules and regulations necessary or securing such compliance and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with this code.
B.
It shall be the duty of the Chief Officer:
(1)
To cause periodic inspections to be made of all premises
within the scope of this code; to cause an inspection to be made upon
the sale of any building or premises covered by this code; and, at
the request of the buyer or seller, to make such inspection prior
to the closing of title on such premises.
(2)
To cause an investigation of all complaints of alleged
violations or other unsafe or insanitary conditions. All complaints
must be in writing, setting forth the alleged violation or other unsafe
or insanitary conditions.
(3)
To request the Corporation Counsel of the City of
Albany to take appropriate legal action in the name of the Bureau
upon failure of the responsible party to comply with any violation
order within the time specified therein.
(4)
To cooperate with other municipal governmental agencies
engaged in the survey, study and improvement of housing conditions.
(5)
To issue a certificate of compliance for premises
which satisfy the requirements of this code.
(6)
To charge such fees as may be established by the Common
Council of the City of Albany.
(7)
To submit to the Mayor an annual report of the Bureau's
operations and recommendations for the future.
C.
Violations of such provisions of this code which are
specifically covered by or within the scope of the Sanitary Code of
the Albany County Department of Health and/or the Public Health Law
of the State of New York shall be referred to the County Commissioner
of Health or his designated representative. These referrals shall
be for the following purposes:
(1)
To make inspections of said referred alleged violations
and report in writing such findings to the Chief Officer of the Bureau
of Code Enforcement.
(2)
At the time of submitting such report, the County
Commissioner of Health or his designated representatives making the
report shall inform the Chief Officer of the Bureau in writing that:
(a)
All or part of the violations contained in the
report will be administered by and compliance secured in accordance
with the provisions of said Sanitary Code and/or Public Health Law;
or
(b)
All or part of the violations contained in the
report may be administered by, and compliance secured in accordance
with, the provisions of the Housing Code of the City of Albany, and
the inspector making such inspection shall cooperate with the Chief
Officer of the Bureau to obtain such compliance. The items of violation
contained in the report shall be included in any notice or order issued
by the Chief Officer of the Bureau and in all legal proceedings pertaining
thereto.
The Chief Officer of the Bureau is authorized
to make or cause to be made inspections to determine the conditions
of premises in order to safeguard the health, safety, and welfare
of the general public. The inspection hereinabove authorized shall
be made between the hours of 10:00 a.m and 4:00 p.m. on any day of
the week, exclusive of Saturdays, Sundays and all legal holidays.
The inspection shall be made in such manner and at such time and within
the hours hereinabove prescribed, so as to cause the least possible
inconvenience to the persons in possession thereof.
A.
The Chief Officer or his designated representative
upon presenting himself for the purpose of making an inspection shall
exhibit proper identification and state the purpose of his business
on the premises.
B.
The Chief Officer or his designated representative,
with the permission of either the owner, operator, agent or occupant
thereof, is then authorized to enter, examine and survey the building
or premises in the discharge of his official duties. The inspection
shall be made in such a manner so as to cause the least possible inconvenience
to the persons in possession thereof. The owner, operator, agent or
occupant may refuse entry at the time the request is made by the Chief
Officer or his designated representative; however, should permission
to enter and make inspection be not granted within 10 days hereafter,
the Chief Officer shall enforce entry according to the laws pertaining
thereto. Every occupant or operator of a building or premises shall
give the owner or his agent or employee access to any part of said
dwelling, dwelling unit or premises at any reasonable hour for the
purpose of making repairs or alterations which are necessary to effect
compliance with the provisions of this code or any lawful order issued
pursuant thereto.
Inspectors and authorized personnel of the Bureau
shall be supplied with official identification and shall exhibit such
identification when entering any premises and all parts thereof.
A.
Whenever the Chief Officer of the Bureau 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
code, or any rule or regulation adopted pursuant thereto, he shall
give notice of such violation or alleged violation to the person or
persons responsible for such violation. Such notice shall be in writing
and shall specify the alleged violation and shall provide for compliance
within such time as specified by the Chief Officer and shall be served
upon the responsible party or parties.
B.
Such notice shall be deemed to be properly served
upon such responsible party or parties if a copy is served upon the
responsible party or parties; or if a copy thereof is sent by registered
mail, return receipt requested, to the last known address of such
person; 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 by registered
mail on the same day it is posted to the owner, agent, operator, or
occupant; or by such other method authorized for the personal service
of a summons under the Civil Practice Law and Rules of the State of
New York. Such notice shall inform the person to whom it is directed
of his right to apply in writing within such time as may be designated
in such notice for a hearing before the Chief Officer of the Bureau
or his designated assistant. Such notice may contain an outline of
remedial action which will effect compliance with the provisions of
this code and with rules and regulations adopted pursuant thereto.
Any notice of violation provided for in § 151-81 shall be followed by a final order if written request for a hearing before the Chief Officer or his designated assistant has not been filed in the office of the Chief Officer of the Bureau within the time specified after the receipt of the notice unless such time has been extended in writing by the Chief Officer as provided in § 151-84 or unless the necessary remedial action has been effected. A copy of the final order shall be served in the same manner as provided for service of the notice of violation in § 151-81. Such order shall give the violator such time as may be specified by the Chief Officer from date of service of said order in which to comply or appeal as provided in § 151-100. Upon failure of violator to comply or appeal within such specified period, the Chief Officer shall act to obtain compliance as provided by this code.
Whenever the Chief Officer of the Bureau at
any stage of the proceedings instituted under the provisions of this
code finds that a violation of this code 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 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. Notwithstanding any other provision of
this code, such an order shall be effective immediately upon service
and shall be compiled with immediately or as otherwise provided.
The Chief Officer of the Bureau may extend the
compliance time specified in any notice or order issued under the
provisions of this code where there is evidence of intent to comply
within the period specified, provided that reasonable conditions exist
which prevent immediate compliance.
No owner of any building, structure or other
premises upon which any notice or order pursuant to this code has
been served shall sell, transfer, grant, mortgage, lease or otherwise
dispose of such property to another until compliance of the provisions
of such notice or order as 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 Chief Officer of the Bureau of his intent to sell, transfer,
grant, mortgage or lease, and supply to the Chief Officer, in writing,
the name and address of such person, persons, or firm to whom or to
which 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
the code shall be bound thereby.
Records shall be kept of all complaints received,
inspections made, violations and actions taken regarding premises
regulated by this code and shall be available for public inspection.
Unfit premises shall be any premises within
the scope of this code having any of the defects found in Subsections
A through D, and may be designated by the Chief Officer of the Bureau
as unfit for occupancy and a notice to such effect shall be posted
upon the premises when:
A.
The structure lacks ventilation, sanitation, heat,
or other facilities adequate to protect the health and safety of the
occupants or the public.
B.
The structure or premises is damaged, decayed, dilapidated,
insanitary, unsafe, or vermin infested in such a manner as to create
a serious hazard to the health and safety of the occupants or the
public.
C.
The structure or premises, because of the location,
general conditions, state of the premises, or number of occupants,
is so insanitary, 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 such notices or orders issued pursuant
to this code, is unfit for occupants.
Whenever the Chief Officer of the Bureau determines that a building, structure, or premises is unfit for occupancy as provided in § 151-87, he shall include such finding within the notice of violation provided for in § 151-81, and he shall also include a statement of his intent to order the premises to be vacated and to post necessary notices on the building, structure, or premises if compliance with the provisions of the notice of violation has not been secured.
Whenever a notice of violation, as provided in § 151-88, has not been complied with, the Chief Officer of the Bureau may post a notice on the premises and order the premises or any part thereof to be vacated. A copy of such order to vacate shall be served on the owner, agent, or operator and the occupant in the same manner as the case may require as provided for serving notice of violations in § 151-81.
Any building, structure or premises designated as unfit for occupancy pursuant to § 151-87 and ordered by service of notice of violation, and said notice be posted to vacate as provided in § 151-89, that building, structure or premises shall be vacated within such reasonable time as the Chief Officer of the Bureau may specify in the order. No such building, structure or premises shall again be used for occupancy and said posted notice removed until written approval is secured from the Chief Officer of the Bureau.
No person shall deface or remove the posted notice from any building, structure, or premises which has been designated as unfit for occupancy except as provided in § 151-90.
The owner, agent, occupant or operator of any
building, structure, or premises which has been designated as unfit
for occupancy and vacated shall make such building, structure, or
premises safe and secure in whatever manner the Chief Officer of the
Bureau shall deem necessary. Any vacated 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.
Whenever the Chief Officer of the Bureau designates a building unfit for occupancy, as provided in this code, and determines that the cost necessary to correct the violation is not reasonably related to the value to the building, he shall include within the notice of violation, provided for in § 151-81, 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, and mortgagee, recorded prior to service of any notice of violation, in the same manner as provided for in service of notice of violation in § 151-81. The owner may demolish such structure, 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.
Whenever a notice of violation as provided in § 151-93 of this code has not been complied with, the Chief Officer of the Bureau may order the building demolished. Such order shall be served on the same parties provided in § 151-93 and in the same manner as provided for service of notice of violation in § 151-81, and demolition shall be completed within the time specified by the Chief Officer of the Bureau.
Whenever a notice and 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 Chief Officer of the Bureau to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured, or vacated, or take such other legal action as is necessary to abate the nuisance. Whenever the Chief Officer of the Bureau determines that such nuisance exists, he shall record sufficient proof to support such determination. Abatement authorized by this section shall not commence until at least 30 days after service of such order, except as provided in § 151-83.
The expenses incurred pursuant to § 151-95 of this code shall be paid by the owner, operator, or occupant of the premises, or by the person who caused or maintained such nuisance or other violation. The Chief Officer of the Bureau shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions as authorized by § 151-95. The Chief Officer of the Bureau 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. 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 has priority over the lien of any recorded mortgage or lien on such property executed and recorded prior to the existence of a lien herein authorized.
No officer, agent, or employee of the City of
Albany, New York, shall be personally liable for any damage that may
accrue to person or property as a result of any official determination,
order or action required or permitted in the discharge of his duties
under this code. Any suit brought against any officer, agent, or employee
of the City of Albany, New York, as a result of any official determination,
order or action required or permitted in the discharge of his duties
under this code shall be defended by the Corporation Counsel until
final determination of the proceedings therein.
A.
Any person who shall knowingly and willfully violate
or assist in the violation of this code or fail to comply with a violation
order issued by the Bureau within the time stated thereon shall, upon
conviction, be punished by a fine of not more than $300 or imprisonment
for not more than 30 days, for each offense.
[Amended 5-19-2008 by Ord. No. 25.42.08]
B.
Each day after conviction that such violation continues
shall constitute a separate offense. The term "person," as used in
the section, shall include the owner, occupant, mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee, lessee,
agent or any other person, firm or corporation directly or indirectly
in control of a building or part thereof.
The Corporation Counsel shall, upon complaint of the Chief Officer of the Bureau, or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove violations of this code and to take such other legal action as is necessary to carry out the terms and provisions of this code. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law and as provided in § 151-5; 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.
Any person or persons jointly or severally aggrieved
by any final order of the Chief Officer of the Bureau may appeal to
the Board of Zoning Appeals.
