A.
There is hereby established the Bureau of Codes as the agency to
administer and secure compliance with the applicable housing standards.
Such agency is hereinafter referred to as "the agency."
B.
The agency shall be under the direction and charge of a chief officer
who shall have as his representatives such assistants and inspectors
as may be necessary to carry out effectively the powers and duties
of the agency.
C.
All personnel of the agency shall be qualified and appointed as prescribed
by local law and shall be furnished with appropriate official badges
or identification cards.
D.
All personnel of the agency shall be free from personal liability
for acts done in good faith in the performance of their official duties.
A.
The agency shall be charged with the duty of administering the applicable
housing standards and securing compliance therewith and shall be empowered
to adopt rules and regulations necessary for securing such compliance
and for its own organization and internal management, provided that
such rules and regulations shall not be in conflict with the applicable
housing standards.
B.
The agency shall be 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 insanitary conditions, extent of overcrowding, land use and other
relevant factors.
C.
It shall be the duty of the chief officer to:
(1)
Cause periodic inspections to be made not less than once every five
years of all premises within the scope of applicable housing standards.
(2)
Cause an investigation of all complaints of alleged housing violations
or other unsafe or insanitary conditions. All complaints must be in
writing, setting forth the alleged violation or other unsafe or insanitary
conditions and shall be signed by the complainant with his, her or
their address. Such complaints should be filed with or addressed to:
Chief Officer, Code Enforcement, City of Rensselaer, City Hall, Rensselaer,
New York. The name of the complainant shall not be revealed except
as may be required in the course of legal action.
(3)
Request the Corporation Counsel of the City of Rensselaer to take
appropriate legal action in the name of the agency upon failure of
the responsible party to comply with any violation order within the
time specified therein.
(4)
Cooperate with other municipal governmental agencies engaged in the
survey, study and improvement of housing conditions.
(5)
Issue a certificate of compliance for premises which satisfy the
requirements of this code.
(6)
Charge such fees as may be established by the Common Council of the
City of Rensselaer.
(7)
Submit to the Mayor an annual report of the Agency and recommendations
for the future.
D.
Violations and referrals.
(1)
Violations of such provisions of this code which are specifically
covered by or within the scope of the Sanitary Code of the Rensselaer
County Health District 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: to make inspections of said referred alleged violations
and report in writing such findings to the chief officer of the code
enforcement agency.
(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 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 Rensselaer, and the inspector making
such inspection shall cooperate with the chief officer to obtain 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 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 a manner
and at such a time 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.
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 dwelling, dwelling unit
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.
B.
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 thereafter, the chief officer shall enforce entry according
to the laws pertaining thereto.
C.
Every occupant of a dwelling, dwelling unit or premises shall give
the owner or his operator, agent or employee access to any part of
the 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 agency shall be supplied
with official identification and shall exhibit such identification
when entering any premises and all parts thereof.
A.
Whenever the chief officer 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 affect compliance with the provisions of this code and with rules
and regulations adopted pursuant thereto.
Any notice of violation provided for in § 121-69 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 within the time specified after receipt of the notice, unless such time has been extended in writing by the chief officer as provided in § 121-72 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 § 121-69. 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 § 121-88. 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.
[Amended 9-15-2021 by L.L. No. 6-2022]
As delegated pursuant to Title IV, § 79, of the Charter of the City of Rensselaer, whenever the chief officer, at any stage of the investigations and inspections authorized under the provisions of this code, in particular, Article VI of this chapter (Property Maintenance Requirements), or pursuant to New York State Real Property Actions and Proceedings Law, §§ 1307, 1308, 1309, or 1392, finds that a violation of this code exists which, in his or her 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 at large, he or she may, without prior notice or hearing, issue an emergency order citing the violation and directing applicable City officers and/or employees to take such action as may be necessary to remove or abate the hazard or danger. A copy of such emergency order shall be provided to the City Mayor before issuance. Such emergency order may include an order to vacate and to authorize entry upon such property to effectuate the necessary removal or abatement of the imminent hazard or danger. Notwithstanding any other provision of this code, such an emergency order shall be effective immediately, and shall be complied with immediately or as otherwise provided by the chief officer. Any cost incurred by the City in effectuating the aforementioned removal or abatement shall be a charge against the appropriate responsible party, and against the real property itself. The chief officer shall file in his or her records an affidavit stating with fairness and accuracy the items of expense and date such expenses were incurred, and provide a copy of same to the City Mayor, City Common Council, City Treasurer, City Assessor and City Clerk.
The chief officer 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 dwelling, dwelling unit 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 has been secured or until such owner shall furnish to the
purchaser, transferee, grantee, mortgagee or lessee 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 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. Records of inspections made, violations found and actions
taken regarding premises regulated by this code shall be available
for public inspection.
Any premises within the scope of this code having any of the
defects found in Subsections A through D below may be designated by
the chief officer as unfit for human habitation, and a notice to such
effect shall be posted upon the premises.
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 human habitation.
Whenever the chief officer determines that a dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit is unfit for human habitation as provided in § 121-75, he shall include such finding within the notice of violation provided for in § 121-69, and he shall also include a statement of his intent to order the premises to be vacated and to post necessary notices on the dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit, if compliance with the provisions of the notice of violation has not been secured.
Whenever a notice of violation as provided in § 121-76 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 § 121-69.
Any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit designated as unfit for human habitation pursuant to § 121-75 and ordered that a notice be posted and vacated as provided in § 121-77 shall be vacated within such reasonable time as the chief officer of the Bureau may specify in the order. No such dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit shall again be used for human habitation 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 dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in § 121-78.
The owner, agent, occupant or operator of any dwelling, dwelling
unit, lodging house, lodging unit, rooming house or rooming unit which
has been designated as unfit for human habitation and vacated shall
make such dwelling, dwelling unit, lodging house, lodging unit, rooming
house or rooming unit safe and secure in whatever manner the chief
officer 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 the provision.
Whenever the chief officer designates a building unfit for human habitation, as provided in this code, 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 § 121-69 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 § 121-70. 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 § 121-81 of this code has not been complied with, the chief officer may order the building demolished. Such order shall be served on the same parties provided in § 121-81 and in the same manner as provided for service of notice of violation in § 121-69, 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 or secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the chief officer 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 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 § 121-71.
The expenses incurred pursuant to § 121-83 of this code shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other violation. The chief officer 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 § 121-83. The chief officer may institute a suit to recover 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 Rensselaer, 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 Rensselaer, 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
the final determination of the proceedings therein.
A.
Any person who shall knowingly and willfully violate or assist in
the violation of this code or fails to comply with a violation order
issued by the Building Department within the time stated thereon shall,
upon conviction, be punished by a fine of not more than $250 for the
first offense, $500 for the second offense and $1,000 for the third
offense or imprisonment for not more than 15 days, or both, for each
offense.
[Amended 8-15-1990 by L.L. No. 4-1990; 12-19-2007]
B.
Each day after conviction that such violation continues shall constitute
a separate offense. The term "person," as used in this 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 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 § 121-63B. 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 Building, Zoning and Housing Appeals in the manner prescribed by
the rules and regulations of that body.
