Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the City or its officers or agencies relating
to the removal or demolition of any building or structure which is
deemed to be dangerous, unsafe or unsanitary.
A.
Enforcement officer. The Code Enforcement Officer of the City of
Cortland is hereby designated as the officer in charge with the enforcement
of this chapter and is hereinafter referred to as the "enforcement
officer." All members of the Police Department, authorized inspectors
of the Fire Department and members of the Zoning Department of the
City of Cortland are hereby designated as assistant enforcement officers
for the purposes of the enforcement of this chapter.
B.
The enforcement officer shall cause to be made such inspections of
premises within the City as they shall deem necessary to effect compliance
with this chapter and shall have the authority to use the services
of any public authority in the enforcement of this chapter.
C.
Notice to owner, operator or occupant upon noncompliance. Following
inspection, if the enforcement officer determines that the premises
are not in compliance with this chapter, they shall then issue and
cause to be served upon the owner, operator and/or occupant of the
premises a written notification, stating the nature of the violation
and the corrective action sought and allow 30 days (exclusive of the
day of service) for its correction. In cases where the violation presents
a clear and present danger to public health and safety, the complaint
is to be turned over to the Police Department or the Board of Health
for prompt action within its jurisdictions.
D.
Service of notice. In the case of an owner or operator, the notice
may be served personally upon them or by registered mail or certified
mail, addressed to the last known address. If, after due diligence,
the last known address cannot be ascertained, the notice may be posted
on the outside front entrance of the structure. In the case of the
occupant, notice may be mailed or delivered to them at their place
of business or posted to the door of the occupant's premises.
E.
If the Code Enforcement Officer shall determine a deposit of objectionable
garbage or waste as provided under this chapter to be hazardous to
the general public, they shall have the authority to remedy the condition
as follows:
(1)
The enforcement officer shall serve written notice upon the owner,
lessee or occupant, or any person having care or control of the premises
upon which the condition to be corrected is located, to comply with
the provision of the same by remedying such condition.
(2)
If the person upon whom notice is served fails, neglects or refuses
to comply with the provisions of the notice within 24 hours after
receipt thereof or if no person can be found who either is or claims
to be the owner of such lot or land or premises upon which such condition
exists or is located or who either represents or claims to represent
such owner, the Code Enforcement Officer shall cause such condition
to be corrected through such means as they may select.
(3)
The cost of correcting such condition shall be certified to the City
Finance Office and shall thereafter become and be a lien upon the
property whereon such condition exists or is located and shall be
added to and become a part of the taxes next to be assessed and levied
upon such lot or land and shall bear interest at the same rate as
taxes and shall be collected and enforced in the same manner as taxes.
(4)
Upon failure of the owner or occupant to cut and remove grass, weeds or other uncultivated vegetation as prescribed in § 220-7A(4), the Code Enforcement Officer shall cause the same to be removed and shall charge the cost thereof to the owner of said property. Thereupon, the Code Enforcement Officer shall mail a statement to said owner or occupant to pay such cost which shall become due and payable within 30 days from the mailing thereof. If such cost is not paid within such time and interest is not paid by December 31 of the year in which it is incurred, such cost and interest shall be added to the City tax chargeable to said property and shall be collected in the manner as any unpaid City tax.
F.
Protest; hearing before Mayor and City Council, or their designee;
subsequent actions.
(1)
Within three working days following receipt of the notice of violation,
the person receiving such notice may file an objection, in writing,
to the enforcement officer, and any such person shall be afforded
a hearing before the Mayor and City Council, or their designee as
soon as is reasonably possible. The Mayor and City Council, or their
designee, may, in its discretion modify or withhold strict enforcement
of this chapter.
(2)
If the decision rendered by the Mayor and City Council, or their
designee, after the hearing upholds the decision of the enforcement
officer, a second notification shall be issued and served allowing
such time period as is established by the Mayor and Council, or their
designee for correction of the violation and carrying notice of the
penalties which will be imposed for failure to comply.
[Amended 12-20-2016 by L.L. No. 9-2016]
Where the violations or conditions existing on the premises are of such a nature as to constitute a nuisance or immediate threat to life and limb unless abated without delay, the enforcement officer shall condemn the building and may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the enforcement officer shall abate the condition subject to the provisions of § 220-12 of this chapter.
Where abatement of any nuisance, as defined herein, correction
of a defect in the premises or work necessary to place the premises
in a proper condition so as to conform to ordinances of the City or
applicable laws of the State of New York requires expending City moneys,
the City Engineer shall present a report of work proposed to be done
to accomplish the foregoing to the Mayor and City Council with an
estimate of the cost, along with a summary of the proceedings undertaken
by the enforcement officer to secure compliance, including notices
served upon the occupants, owners, operators or their agents, as the
case may be. The Mayor and City Council may thereupon, by resolution,
authorize the abatement of the nuisance, correction of the defect
or work necessary to place the premises in proper condition and in
compliance with this chapter. The City Engineer shall thereafter proceed
to have the work performed in accordance with the resolution at City
expense, not to exceed the amount specified in the resolution, and
shall, upon completion thereof, submit a report of the moneys expended
and costs to the Mayor and City Council. After review of the report,
the Mayor and City Council may approve the expenses and costs, whereupon
the same shall become a lien against the premises, collectible as
provided by law. A copy of the resolution approving the expenses and
costs shall be certified by the City Clerk and filed with the City
Finance Office, which shall be responsible for the collection, and
a copy of the report and resolution shall be sent by certified mail,
return receipt requested, to the owner of the affected premises.
Upon issuance of a notice of violation pursuant to this chapter,
the property owner, operator/or occupant shall correct the condition
and notify the enforcement officer that said condition has been corrected.
A compliance inspection shall then be made. Should full compliance
not be achieved at the time of said inspection, the City shall be
reimbursed by the property owner for the cost of all reinspections.
Failure to reimburse the City shall result in a lien for said cost
being placed against the property in the same manner as real estate
taxes.
There shall be no fee for an initial compliance inspection made
following the issuance of a notice of violation required pursuant
to this chapter. Fees for subsequent inspections to determine compliance
shall be $75 for the first inspection and shall increase in increments
of $75 for subsequent inspections.
Should any section, paragraph, sentence, clause or phrase of
this chapter be declared unconstitutional or invalid for any reason,
the remaining portions thereof shall not be affected thereby and shall
remain in full force and effect, and to this end, the provisions of
this chapter are hereby declared to be severable.
Within 24 months of any offense.
A.
First: $100.
B.
Second: $175.
C.
Third: $250.
D.
For each offense thereafter: not less than $500.
E.
An administrative fee of $25 shall be assessed when grass removal services are performed on behalf of a property owner who is in violation of § 220-8 or for the removal of objectionable waste in accordance with § 220-4. If such cost, with interest and administrative fee, is not paid by December 31 of the year in which it is incurred, such cost and interest shall be added to the real property City tax rolls chargeable to said property and shall be collected in the same manner as any unpaid real property City tax.
