[HISTORY: Adopted by the Rochester City Council 7-22-1969 by Ord. No.
69-330; amended in its entirety 9-28-1982 by Ord. No.
82-443. Subsequent amendments noted where applicable.]
The City Court of the City of Rochester is hereby
authorized to establish a Municipal Code Violations Bureau to assist
in the disposition of certain Municipal Code offenses which are designated
as or constitute a "violation," as that term is defined in Subdivision
3 of § 10.00 of the Penal Law. The Municipal Code Violations
Bureau shall be established as a part of the Parking Violations Bureau
of the City of Rochester and shall have all the functions, powers
and duties with respect to violations over which it has jurisdiction
as are granted to the Parking Violations Bureau with respect to parking
violations. The Municipal Code Violations Bureau shall hear and determine
charges of violations in the same manner as charges of parking violations
are heard in the Parking Violations Bureau, and a person charged with
a violation shall have all the rights to a hearing, administrative
adjudication and judicial review which a person charged with a parking
violation has.
A.
Municipal Code Violations Bureau is hereby authorized
to dispose of charges involving violations of the following parts
of the Municipal Code and any other chapter that authorizes the issuance
of a ticket or a fine:
[Amended last 9-19-2000 by Ord. No. 2000-300; 7-19-2011 by Ord. No. 2011-240; 10-11-2011 by Ord. No.
2011-324; 10-18-2016 by Ord. No. 2016-325; 11-12-2019 by Ord. No. 2019-326]
|
Code Reference
|
Type of Regulation
|
|---|---|
|
Chapter 20
|
Refuse Code
|
|
Chapter 27
|
Alarm systems and businesses
|
|
Chapter 29
|
Amusements and entertainment
|
|
Chapter 30
|
Animals
|
|
Chapter 34
|
Bicycles
|
|
Chapter 35
|
Bill posting and advertising
|
|
Chapter 39
|
Building Code
|
|
Chapter 40
|
Plumbing Licensing Ordinance
|
|
Chapter 46
|
Dance halls
|
|
Chapter 49
|
Electrical Licensing Ordinance
|
|
Chapter 50
|
Elevators and escalators
|
|
Chapter 52
|
Enforcement procedures
|
|
Chapter 54
|
Fire Prevention Code
|
|
Chapter 60
|
Food Trucks, Trailers and Carts
|
|
Chapter 61
|
House numbering
|
|
Chapter 62
|
Commercial travelers, solicitors and special
promotional events
|
|
Chapter 66
|
Junkyard operators
|
|
Chapter 69
|
Littering
|
|
Chapter 75
|
Noise
|
|
Chapter 79
|
Parks
|
|
Chapter 90
|
Property Conservation Code
|
|
Chapter 96
|
Secondhand dealers
|
|
Chapter 98
|
Sexually oriented businesses
|
|
Chapter 99
|
Shooting ranges
|
|
Chapter 103
|
Stationary engineers and refrigeration operators
|
|
Streets and sidewalks
| |
|
Chapter 108
|
Taxicabs
|
|
Chapter 108A
|
Towing
|
|
Chapter 120
|
Zoning[1]
|
[1]
Editor's Note: Former Subsection B, regarding
the authority of the Municipal Code Violations Bureau, which immediately
followed this subsection, was repealed 4-11-2006 by Ord. No. 2006-76.
[Amended 11-19-2002 by Ord. No. 2002-355; 2-14-2006 by Ord. No. 2006-22]
When a police officer or other authorized public
official finds a violation over which the Municipal Code Violations
Bureau has jurisdiction, said officer or public official may issue
a Municipal Code violations ticket which is signed and verified, by
means of a notice thereon that false statements made therein are punishable
as a Class A misdemeanor pursuant to § 210.45 of the Penal
Law, along with the subscription of the deponent, containing information
stating the nature, time and place of the violation, and informing
the person charged of the manner and the time in which he or she may
answer the violation charged. Failure to answer or appear in accordance
with the requirements of this section and the rules promulgated hereunder
shall be deemed an admission to the violation as charged, and an appropriate
order may be entered in the Bureau's records, and a fine consistent
with the provisions of this chapter may be imposed by a hearing officer.
[Amended 10-13-1992 by Ord. No. 92-372; 11-19-2002 by Ord. No. 2002-355]
A person charged with a violation shall be served
personally in accordance with the provisions of the Civil Practice
Law and Rules with a Municipal Code violations ticket; or said ticket
shall be sent by first-class mail to either the person's tax mailing
address, if the violation relates to a property or building and the
owner is the person charged with the violation, or otherwise to the
person's last known address; or the ticket may be left with an agent
or a person of suitable age and discretion at the place of violation
or tax mailing address or last known address. The original or a duplicate
of each ticket shall be filed and retained in the Municipal Code Violations
Bureau and shall be deemed a record kept in the ordinary course of
business.
A.
A person charged with a violation to be heard and
determined in the Municipal Code Violations Bureau may answer said
charge by:
[Amended 11-19-2002 by Ord. No. 2002-355]
(1)
Appearing at a hearing of such charge to be held before
a hearing examiner at the Municipal Code Violations Bureau at a specified
time, or at any adjourned date thereof;
(2)
Pleading guilty to the charge and paying a prescribed
fine; or
(3)
Completing an appropriate form, if provided, or portion
of the ticket prescribed by the Bureau, for the purpose of denying
the charges and forwarding the form and/or the ticket to the Bureau
by the date set forth in the ticket and appearing at the hearing of
such charge to be held before a hearing examiner at the Municipal
Code Violations Bureau at a time specified by the Bureau, or at any
adjourned date thereof. Upon receipt of the form and/or the ticket,
such answer shall be entered and a hearing date established by the
Bureau. The Bureau shall notify such person by first class mail of
the date of such hearing.
B.
Within the Municipal Code Violations Bureau, there
shall be an Appeals Board where a party aggrieved by the determination
of a hearing examiner may obtain a review thereof by serving, either
personally in writing or by certified or registered mail, return receipt
requested, upon the Municipal Code Violations Bureau, within 30 days
of the entry of such determination, a notice of appeal setting forth
the reasons why the determination should be reversed or modified.
[Amended 8-14-1984 by Ord. No. 84-333; 9-25-1984 by Ord. No. 84-373; 12-18-2001 by Ord. No. 2001-422; 6-18-2002 by Ord. No. 2002-201]
The order of the Appeals Board of the Municipal
Code Violations Bureau shall be the final determination of the Bureau.
Judicial review of such order may be sought pursuant to Article 78
of the Civil Practice Law and Rules.
If a person charged with a Municipal Code violation
does not answer the charge as hereinbefore prescribed within the designated
time, the Municipal Code Violations Bureau shall cause a default judgment
to be entered. The Municipal Code Violations Bureau shall notify the
person charged, by first class mail sent to the address on the appearance
ticket or to the person's last known address, of the violation charged,
of the impending default judgment and that such default judgment will
be entered unless the person charged enters a plea or makes an appearance
within 30 days of the sending of such notice. In no case shall a default
judgment be rendered or a notice of impending default judgment be
sent more than two years after the initial appearance date.
Any act or thing required or authorized to be
done by the City Court of the City of Rochester or the Judges thereof
may be done by a majority of the City Court Judges.
The Municipal Code Violations Bureau shall keep
a record of all violations of which each person has been found guilty
and also a record of all fines collected and the disposition thereof.
The Municipal Code Violations Bureau may enter
judgments and enforce them, without court proceedings, in the same
manner as the enforcement of money judgments in civil actions in the
City Court of the City of Rochester.
[Amended 8-9-1983 by Ord. No. 83-345; 1-17-1984 by Ord. No. 84-18; 6-13-1989 by Ord. No. 89-199]
A.
General and littering offenses.
[Amended 6-19-1990 by Ord. No. 90-259; 5-12-1992 by Ord. No. 92-174; 2-15-2000 by Ord. No. 2000-51; 3-28-2017 by Ord. No. 2017-74]
(1)
General. Except as otherwise provided herein and in §§ 27-6 and 30-40 of the Municipal Code, the following penalties shall apply to violations referred to the Municipal Code Violations Bureau:
|
Initial Penalty
|
Penalty Upon Default
| ||
|---|---|---|---|
|
First offense
|
$25
|
$50
| |
|
Second offense
|
$35
|
$70
| |
|
Third and subsequent offenses
|
$65
|
$130
|
(2)
Littering. The penalties for violations of §§ 20-16 (by individuals), 20-26, and 20-43B and C of Chapter 20, Refuse Code; §§ 69-3, 69-4, 69-5, 69-6, and 69-7 of Chapter 69, Littering and Smoking; § 79-4A, B, C, and D of Chapter 79, Parks, that are referred to the Municipal Code Violations Bureau shall be as follows; provided, however, that the cost of cleanup and disposal shall be added to the penalties for individuals who violate § 20-16 and that the penalties for businesses violating § 20-16 shall be the same as those set forth in § 13A-11F(1):
|
Initial Penalty
|
Penalty Upon Default
| ||
|---|---|---|---|
|
First offense
|
$100
|
$150
| |
|
Second offense
|
$200
|
$250
| |
|
Third and subsequent offenses
|
$400
|
$500
|
B.
For violations of those sections specifically set forth in Chapter 54 of the Municipal Code and the Fire Prevention Code, except for violations of the New York State Uniform Fire Prevention and Building Code, the following penalties shall apply to violations referred to the Municipal Code Violations Bureau:
[Amended 11-19-1992 by Ord. No. 91-499; 5-12-1992 by Ord. No. 92-174; 10-13-1992 by Ord. No. 92-372; 11-19-2002 by Ord. No. 2002-355; 9-14-2021 by Ord. No. 2021-296]
|
Initial Penalty
|
Penalty Upon Default
| ||
|---|---|---|---|
|
First offense
|
$75
|
$150
| |
|
Second offense
|
$150
|
$300
| |
|
Third and subsequent offenses
|
$375
|
$750
|
C.
[1]For violations of any of those provisions of the Right-of-Way Code referenced in § 104-26C, the following penalties shall apply to violations referred to the Municipal Code Violations Bureau. In accordance with § 104-26, every day of a violation may be held to constitute a separate offense.
[Added 9-14-2021 by Ord. No. 2021-296]
(1)
Standard violation. For a violation that is not determined to constitute
a severe right-of-way hazard:
|
Standard Violation
|
Initial Penalty
|
Penalty Upon Default
|
|---|---|---|
|
First offense
|
$75
|
$150
|
|
Second offense
|
$150
|
$300
|
|
Third and subsequent offenses
|
$375
|
$750
|
(2)
Severe right-of-way hazard. For a violation that is determined to
constitute a severe right-of-way hazard and ticketed as such:
|
Severe Right-of-Way Hazard
|
Initial Penalty
|
Penalty Upon Default
|
|---|---|---|
|
First offense
|
$500
|
$1,000
|
|
Second offense
|
$1.000
|
$2,000
|
|
Third and subsequent offenses
|
$1,500
|
$3,000
|
[1]
Editor's Note: Former Subsection C, added 6-19-1990 by Ord.
No. 90-259, which concerned the penalty for failure to timely apply
for a certificate of occupancy, was repealed 6-16-2009 by Ord. No.
2009-179.
D.
The fines and penalties for any violations of the Building Code, Plumbing Code, Electrical Licensing Ordinance, Conveyance Code, Junkyards Code, Stationary Engineers and Refrigeration Operators Licensing Ordinance, New York State Uniform Fire Prevention and Building Code, Multiple Residence Law, Property Conservation Code or Zoning Code, except as provided in Subsections C and E herein, shall be as follows:
[Added 6-19-1990 by Ord. No. 90-259; amended 10-13-1992 by Ord. No. 92-372; 11-19-2002 by Ord. No. 2002-354]
(1)
Penalties for violations of the Zoning Code may be assessed on the basis of the two categories in Subsection D(1)(d) and (e) herein. Violations of the other codes and ordinances shall be categorized in descending order of gravity as immediate hazard, health and safety, and all other violations in accordance with a list established by the Department of Neighborhood and Business Development or the Director of the Neighborhood Service Centers which is approved by City Council and which is on file with the City Clerk, Commissioner of Neighborhood and Business Development and Director of Parking Violations. The following fines shall be assessed for violations referred to the Municipal Code Violations Bureau:
[Amended 8-9-1994 by Ord. No. 94-274; 11-14-1995 by Ord. No. 95-392; 11-19-2002 by Ord. No. 2002-355; 7-15-2008 by Ord. No. 2008-254; 6-16-2009 by Ord. No. 2009-179; 5-23-2023 by Ord. No. 2023-171[2]]
(a)
All other violations. Tickets for unabated violations
may be issued every 30 days.
|
All Other Violations
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|---|
|
$100
|
$200
|
(b)
Health and safety. Tickets for unabated medium
violations may be issued every 30 days.
|
Health and Safety Violations
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|---|
|
$250
|
$500
|
(c)
Immediate hazard [except for zoning violations, which fine schedules are set forth in Subsection D(1)(d) and (e) below]. Tickets for unabated high violations may be issued every seven days, except that tickets that are authorized to be issued immediately may be issued every day.
|
Immediate Hazard Offense
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|---|
|
$500
|
$1,000
|
(d)
For a violation of the Zoning Code, except violations
relating to hours of operation and closing, the initial penalty shall
be as follows. Tickets for unabated zoning violations may be issued
every seven days, except that tickets that are authorized to be issued
immediately may be issued every day.
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|
|
First offense
|
$300
|
$600
|
|
Second through fourth offense
|
$600
|
$1,200
|
|
Fifth and subsequent offense
|
$1,200
|
$2,400
|
(e)
For a violation of any provision of the Zoning
Code relating to hours of operation and closing, the violation occurring
any time within a period of one year, the penalty shall be:
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|
|
First offense
|
$500
|
$1,000
|
|
Second through fourth offense
|
$1,000
|
$2,000
|
|
Fifth and subsequent offense
|
$1,500
|
$3,000
|
[2]
Editor's Note: This ordinance provided an effective date of
8-1-2023.
E.
For violations of a stop-work order issued pursuant to § 39-211 or 40-25 of the Municipal Code, a penalty of $100 for a first violation and $250 for subsequent violations shall be imposed in the Municipal Code Violations Bureau. Every day of such violation may be held to constitute a separate offense for which additional tickets may be issued. Such penalty shall be in addition to any fees relating to the stop-work order itself or the rescission thereof and in addition to the fees for any required permits.
[Added 6-19-1990 by Ord. No. 90-259; amended 11-19-2002 by Ord. No. 2002-355]
F.
The fines and penalties for any violation of Chapter 20, the Refuse Code, shall be as follows:
[Added 11-19-1991 by Ord. No. 91-499]
(1)
For violations of any provision of Chapter 20, Article II, the fines shall be the same as those set forth in § 13A-11A(2) and shall apply to offenses occurring by a person within any two-year period, except that the penalties for businesses that violate § 20-16 of the Municipal Code shall be as follows:
[Amended 6-16-1992 by Ord. No. 92-246; 3-28-2017 by Ord. No.
2017-74]
|
Offense
|
Fine
|
|---|---|
|
First offense
|
$1,000, plus cost of cleanup and disposal
|
|
Second offense
|
$2,500, plus cost of cleanup and disposal
|
|
Third and subsequent offenses
|
$5,000, plus cost of cleanup and disposal
|
(2)
Except for violations of §§ 20-43B and C, which shall be penalized in accordance with § 13A-11A(2), the fines for violations of any provisions of Chapter 20, Article III, shall be the same as those set forth in § 13A-11B and shall apply to offenses occurring by a person within any five-year period.
[Amended 3-28-2017 by Ord. No. 2017-74]
G.
Fines and penalties for any violation of Chapter 29, Amusements and Entertainment; Chapter 46, Dance Halls; Chapter 60, Food Trucks, Trailers and Carts; Chapter 62, Commercial Travelers, Solicitors and Special Promotional Events; Chapter 96, Secondhand Dealers; Chapter 98, Sexually Oriented Businesses; Chapter 108, Taxicabs; and Chapter 108A, Towing, of the Municipal Code shall be as follows:
[Added 7-14-1998 by Ord. No. 98-299; amended 9-19-2000 by Ord. No. 2000-300; 6-22-2004 by Ord. No. 2004-173; 6-18-2013 by Ord. No. 2013-169; 10-18-2016 by Ord. No. 2016-325; 11-12-2019 by Ord.
No. 2019-326]
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|
|
First offense
|
$100
|
$200
|
|
Second offense
|
$200
|
$400
|
|
Third and subsequent offenses
|
$300
|
$600
|
H.
Fines and penalties for any violation of Chapter 75, Noise, and Chapter 99, Shooting Ranges, of the Municipal Code, shall be as follows:
|
Initial Penalty
|
Penalty Upon Default
| |
|---|---|---|
|
First offense
|
$200
|
$400
|
|
Second offense
|
$400
|
$800
|
|
Third and subsequent offenses
|
$600
|
$1,200
|
[3]
Editor's Note: This ordinance provided an
effective date of 2-14-2011, which effective date was amended to 8-1-2011
by Ord. No. 2011-240, adopted 7-19-2011.
