The purpose of this article is to provide basic
and uniform administration of, and compliance with, applicable minimum
housing standards, and to establish the responsibilities of parties
concerned therewith, and to establish procedures for administration
of, and compliance with, such other ordinances as may be designated.
This article and the procedures set forth herein
shall apply to administration of, and compliance with, applicable
minimum housing standards and such other provisions of law or ordinance
as may be designated.
A.
The Code Enforcement Officer shall administer and
secure compliance with the applicable minimum housing standards.
B.
The Code Enforcement Officer shall have as his representatives
such assistants and inspectors as may be necessary to carry out effectively
the powers and duties of this office.
C.
All personnel shall be qualified and appointed as
prescribed by law, and shall be furnished with appropriate official
identification cards.
D.
All personnel shall be free from personal liability
for acts done in good faith in the performance of their official duties.
[Amended 12-16-1999 by Ord. No. 99-008]
A.
The Code Enforcement Officer shall be charged with
the duty of administering the applicable minimum housing standards
and other designated laws and ordinances and securing compliance therewith,
and shall be empowered to adopt rules and regulations necessary for
securing such compliance provided such rules and regulations shall
not be in conflict with the applicable minimum housing standards or
other designated laws or ordinances.
B.
The Code Enforcement Officer, his assistants and inspectors,
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 unsanitary
conditions, extent of overcrowding, land use, and other relevant factors.
C.
It shall be the duty of the Code Enforcement Officer
and he is hereby authorized:
(1)
To cause periodic inspections to be made of premises
within the scope of applicable minimum housing standards, including
an inspection of all rental units not less than once every three years.
(2)
To cause an investigation of all written complaints
or other unsafe or unsanitary conditions.
(3)
To order in writing the remedying of all conditions
found to exist in or on any premises in violation of provisions of
the minimum housing standards or of rules and regulations duly adopted
and to state in the violation order a reasonable time limit for compliance
therewith, and, where necessary to order the vacation of premises
found unfit for human habitation.
(4)
To request the chief legal officer of the municipality
to take appropriate legal action in the name of the municipality upon
failure of the responsible party to comply with such violation order
within the time specified therein.
(5)
To cause a search of the municipality's records of
housing violations existing on any premises and to issue a certified
statement thereof upon receipt of written request and payment of any
fees required by local law or ordinance.
D.
Where violations of the minimum housing standards
or other designated laws or ordinances exist and pose an immediate
hazard or danger to the health, safety, or welfare of building occupants
or of the public, the Code Enforcement Officer may, without prior
notice or hearing, issue an order citing the violation and directing
such action by such municipal officer, department or board as is necessary
to remove or abate the immediate hazard or danger. Notwithstanding
any other provision of this Code, such an order shall be effective
immediately upon service and shall be complied with immediately or
as otherwise provided.
E.
Where the Code Enforcement Officer deems it appropriate to achieve timely enforcement of any provisions of this chapter or any other law or ordinance to be enforced utilizing the procedures of this chapter, he is authorized to issue appearance tickets pursuant to Chapter 20, Code Enforcement; Appearance Tickets, of the Code of the City of Canandaigua.
A.
The Code Enforcement Officer or his agent shall be
authorized and have the right, in the performance of his duties, to
enter any premises in emergencies whenever he shall deem it necessary
to protect the public interest.
B.
Owners, agents, operators, and occupants shall be
responsible for providing access to all parts of the premises within
their control to authorized personnel acting in the performance of
their duties. In the event of refusal or failure to provide such access
as herein provided, a warrant may be issued by a judge or acting judge
of the City Court of the City of Canandaigua upon application of the
Code Enforcement Officer.
The Code Enforcement Officer shall keep records
of all complaints received, inspections made and violations found
regarding premises regulated by the minimum housing standards and
other designated laws or ordinances. Records shall be kept in a manner
and form as prescribed by local law, ordinance, or regulation and
shall be available for public inspection.
[Amended 12-16-1999 by Ord. No. 99-008]
A.
Whenever the Code Enforcement Officer determines that
there has been a violation or that there are reasonable grounds to
believe that there has been a violation of any provisions of this
chapter or any rule or regulation adopted pursuant thereto, the Uniform
Code, or any other law or ordinance designated, he shall serve an
order requiring correction of such violation or alleged violation
upon the person or persons responsible for such violation.
[Amended 11-19-2020 by Ord. No. 2020-005]
B.
Such order shall be in writing and shall specify the
provision violated and shall provide a reasonable time for compliance
and shall be served upon the owner (as defined herein), agent, operator
or occupant as the case may require.
C.
Such order shall be deemed to be properly served upon
such owner, agent, operator or occupant if a copy is served upon him
personally or if a copy thereof is sent by regular mail, return receipt
requested, to the last known address of such persons or if a copy
is posted in a conspicuous place in or about the building affected
by the order and if a copy is mailed by regular mail on the same day
it is posted to the owner, agent, operator or occupant or by such
other method authorized by the laws of the State of New York.
[Amended 8-1-2019 by Ord.
No. 2019-003]
[Amended 12-6-2012 by Ord. No. 2012-008; 11-19-2020 by Ord. No. 2020-05]
Any violation order provided for in § 748-14 shall automatically become a final order if an application for a variance or appeal is not filed with the appropriate agency, that being either the New York State Secretary of State or the City of Canandaigua Zoning Board of Appeals.
A.
At the end of the period specified in the violation
order or any extension thereof, it shall be the duty of the Code Enforcement
Officer 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 as authorized shall
be instituted.
B.
Whenever the Code Enforcement Officer has notified
a property owner in writing of any violation of the minimum housing
standards or any other appropriate law, and within two years of that
written notification a subsequent Notice of violation or order of
violation is issued to the same property owner for a violation of
the same code or standard then a repeat inspection fee may be assessed
for each subsequent notice of violation or order of violation that
is sent to the property owner by the Code Enforcement Officer by regular
mail.
[Added 2-2-2006 by Ord. No. 2006-001; amended 8-1-2019 by Ord. No.
2019-003]
The Code Enforcement Officer may extend the
compliance time specified in any order issued under the provisions
of this chapter or other law or ordinance designated where there is
evidence of intent to comply within the period specified, provided
that reasonable conditions exist which prevent immediate compliance.
Whenever an order has been issued for any infraction
of this chapter or other law or ordinance designated, the Code Enforcement
Officer may file a copy of such order in the office of the City Clerk/Treasurer.
[Amended 12-16-1999 by Ord. No. 99-008; 12-6-2012 by Ord. No. 2012-008]
A.
Variance or appeal from any part of this chapter that is deemed consistent
to regulations mandated within the New York State Uniform Code and
Energy Code shall be petitioned in accordance with the provisions
of 19 NYCRR, titled "Variance Procedures," which is administered by
the Secretary of State.
B.
Variance or appeal from any part of this chapter that is deemed consistent
to regulations mandated only by the City of Canandaigua's Municipal
Code shall be petitioned to the City of Canandaigua's Zoning Board
of Appeals. The City of Canandaigua shall not waive, modify or otherwise
alter this chapter that is deemed consistent to regulations mandated
by the Uniform Code and Energy Code.
[Amended 12-6-2012 by Ord. No. 2012-008]
The following rules shall govern hearings by the Zoning Board
of Appeals on these matters:
A.
Grounds for appeal. The grounds for such variance or appeal shall
include the following:
(1)
Undue economic hardship or burden.
(2)
Restriction from the achievement of a valid state or federal policy.
(3)
Physical or legal impossibility.
(4)
Impediment to the intended objective of the regulation.
(5)
Unnecessary, in light of viable alternatives which meet the intended
objective of the more stringent ordinance, etc.
B.
Time to appeal. The Zoning Board of Appeals shall accept appeal or
variance petitions filed within 60 days of the final order issued
by the Code Enforcement Officer.
C.
Appeal procedure. The Zoning Board of Appeals shall conduct an open
hearing in accordance with procedures set forth pursuant to provisions
of the General City Law, prescribed statutes, its bylaws and procedures
and provide for expeditious determination which shall be binding upon
the petitioner and upon the municipal authorities involved within
60 days of the date of hearing.
D.
Fees for appeal. Upon filing of petition of appeal, a payment of
a standard fee for an application before the Zoning Board of Appeals
shall be paid to the Code Enforcement Officer to defray the expenses
of the public hearing and other expenses incidental thereto.
[Amended 12-6-2012 by Ord. No. 2012-008]
A.
Right to review. Any person aggrieved by any decision of the Zoning
Board of Appeals may seek relief therefrom in any court of competent
jurisdiction as provided by the laws of the state.
B.
Time limit for instituting action. Such action shall be instituted
within 30 days from the time any order or determination of the Zoning
Board of Appeals becomes final.
[Amended 12-16-1999 by Ord. No. 99-008]
A.
Owners of premises shall be responsible for compliance
with the minimum housing standards and other designated laws and ordinances
and shall remain responsible therefor in addition to the fact that
this article and other designated laws and ordinances may also place
certain responsibilities on operators and occupants, and in addition
to any agreements between owners and operators or occupants as to
which party shall assume such responsibility.
B.
Owners of premises shall be responsible for proper
maintenance, condition and operation of supplied facilities, and for
furnishing adequate heat and hot water supply in multiple dwellings.
Where individual metering of natural gas and electricity is provided,
the owner shall not be responsible for the continuation of these services
in any case where such service has been discontinued for nonpayment.
C.
In buildings of five or more units the name of the
owner of the premises and the name of any person or firm designated
by the owner as being an operator responsible for the care and maintenance
of housing used for rental purposes shall be placed in a prominent
location inside or outside the structure. Such information shall be
placed on a card no smaller than three inches by five inches. The
information card shall be protected from the weather and the information
placed on it shall be legible at all times. In addition to the name
or names required above, the address and telephone number to be used
to obtain information or report problems with the premises shall be
placed on the information card.
Owners or owner-designated operators shall be
responsible for compliance with the minimum housing standards in regard
to the following:
A.
Limiting occupancy to the maximum permitted by the
minimum housing standards.
B.
Maintenance of safe and sanitary conditions in all
parts of the lodging house premises.
C.
Maintenance and operation of all required supplied
facilities.
D.
Maintenance of all plumbing, cooking, and refrigeration
fixtures and appliances within his control as well as other building
equipment and facilities, in an operative, clean, and sanitary condition.
E.
Sanitary maintenance of walls, floors, and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Provision of facilities for and disposal of building
garbage and refuse in a clean and sanitary manner.
H.
Extermination of insects, rodents, or other pests
on the premises.
I.
Hanging and removing required screens.
Occupants of all dwelling units shall be responsible
for compliance with the minimum housing standards in regard to the
following:
A.
Limiting occupancy to that part of the premises which
he occupies or controls to the maximum permitted by the minimum housing
standards.
(1)
Maintenance of that part of the premises which he
occupied or controls in a clean, sanitary and safe condition.
(2)
Maintenance of 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.
(3)
Keeping exits from his dwelling unit and fire escapes
and stairs clear and unencumbered.
(4)
Disposal of garbage and refuse into provided facilities
in clean and sanitary manner.
(5)
If a rental dwelling unit, not removing or damaging
safety equipment.
(6)
If a rental dwelling unit, not permitting grease or
other flammable material to accumulate in or on ranges and drains,
nor permitting any other condition to exist which is conducive to
fire. Occupants shall be prohibited from accumulating or storing on
residential premises, except in approved locations, any highly flammable
or explosive matter such as paints, volatile oils, cleaning fluids
and similar materials, or any combustible refuse liable to spontaneous
combustion such as waste paper, boxes, rags or similar materials.
[Amended 12-16-1999 by Ord. No. 99-008]
A.
No personnel officer, agent or employee of the City
shall be personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under this chapter.
B.
Any suit brought against any officer, agent or employee
of the City as a result of any required or permitted act in the discharge
of his duties under this chapter, shall be defended by the Corporation
Counsel until the final determination of the proceedings therein.
C.
Officers making inspections shall be bonded at the
expense of the City. No officer, who is not bonded, may be permitted
or allowed to conduct inspections.
A.
The Corporation Counsel shall, upon complaint of the
head of the Code Enforcement Agency, 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.
B.
The remedies provided for herein shall be cumulative
and not exclusive and shall be in addition to any other remedies provided
by the Uniform Code or other applicable law, 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 other.
[Amended 11-19-2020 by Ord. No. 2020-005]
[Amended 12-6-2012 by Ord. No. 2012-008]
Any person or persons jointly or severally aggrieved by any
final order of the Zoning Board of Appeals may seek to have such order
reviewed by the Supreme Court in the manner prescribed by Article
78 of the Civil Practice Laws and Rules and as otherwise provided
for in the laws of the State of New York.
A.
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 thereof 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, 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 head of the Code Enforcement Agency
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 who has been informed of the existence
of any notice or order issued pursuant to this chapter shall be bound
hereby. Violation of this chapter shall not affect the marketability
of title of the violating premises.
B.
No owner of any two-family dwelling, mixed-occupancy dwelling, multiple dwelling, or rooming house shall sell, transfer, grant, or otherwise dispose thereof, to another, unless a certificate of occupancy, pursuant to Article I, Administration and Enforcement, of Chapter 714, Construction Codes, Uniform, of the Code of the City of Canandaigua has been obtained from the Code Enforcement Officer. The Code Enforcement Officer shall waive the requirement of a certificate of occupancy when title is transferred 1) by a deed in lieu of foreclosure, or by a court appointed referee, 2) by a Trustee in bankruptcy, 3) by an assignment for benefit of creditors, 4) by the Ontario County Sheriff, pursuant to a judicial sale, 5) by the City Clerk/Treasurer as a result of a tax foreclosure, 6) between husband and wife, 7) to a person who had immediate previous legal ownership in whole or in part, pursuant to the formation, reorganization, or dissolution of a partnership, a corporation, or other form of joint ownership, 8) by a corporation to its shareholders, 9) or by a person who retains life use and/or interest in the property. A new certificate of occupancy shall not be required under this section when a property owner retains title to the property and records a new mortgage due to refinancing of the property. The owner requesting a certificate of occupancy shall give the Code Enforcement Officer sufficient notice to allow the inspection of the property to take place not less than 14 days, nor more than 45 days prior to the transfer of the property.
C.
Before issuing a certificate of occupancy pursuant
to this section, the Code Enforcement Officer shall secure a rental
property information form, completed and signed by the property owner,
which includes such information as: number of dwelling units, number
of residents in each dwelling unit, number of sleeping rooms in each
dwelling unit, number of families living in each dwelling unit, and
such other similar information as may be reasonably necessary or useful
to accomplish the objectives of this chapter.
[Added 4-22-1993 by Ord. No. 93-10]
