City of Hornell, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Hornell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned and unsafe buildings — See Ch. 122.
[Adopted 11-15-2010]

§ 201-1 Legislative findings.

The Council finds that public nuisances exist in the City of Hornell in the operation of certain establishments and the use and occupation of property in flagrant and persistent violation of state and local laws and ordinances, which nuisances substantially and seriously interfere with the interest of the public in enhancing the quality of life and community environment in the City, and in fostering and facilitating commerce, maintaining and improving property values, and in preserving and protecting the public health, safety and welfare. The Council further finds that the persistence of such activities and violations is detrimental to the health, safety, and welfare of the people of the City of Hornell and of the businesses thereof and the visitors thereto. It is the purpose of the Council to authorize and empower the Board of Public Safety to impose sanctions and penalties for such public nuisances, and such powers of the Board of Public Safety may be exercised either in conjunction with, or apart from the powers contained in other laws without prejudice to the use of procedures and remedies available under such other laws. The Council further finds that the sanctions and penalties that may be imposed by the Board of Public Safety pursuant to this article constitute an additional and appropriate method of law enforcement in response to the proliferation of the above-described public nuisances. The sanctions and penalties are reasonable and necessary in order to protect the health and safety of the people of the City and to promote the general welfare.

§ 201-2 Use of point system to determine existence of nuisance.

For purposes of this article, a public nuisance shall be deemed to exist wherever, through violations of any of the following provisions resulting from separate incidents at a building, erection or place, 12 or more points are accumulated within a period of six months or 18 or more points are accumulated within a period of 12 months, in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation. For the purpose of this article, an "incident" will be defined as the execution of an enforcement action.

§ 201-3 Assessment of points.

A. 
The following violation shall be assigned a point value of eight points: § 265 of the Penal Law, Firearms and other dangerous weapons.
B. 
The following violations shall be assigned a point value of six points:
(1) 
Article 220 of the Penal Law, Controlled Substances Offenses (except if the charge is a B felony or above, it shall be eight points).
(2) 
Article 221 of the Penal Law, Offenses Involving Marijuana (except if the charge is a B felony or above, it shall be eight points).
(3) 
Article 225 of the Penal Law, Gambling Offenses.
(4) 
Section 230.00 of the Penal Law, Prostitution.
(5) 
Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law, Criminal possession of stolen property.
(6) 
Section 123 of the Alcoholic Beverage Control Law.
(7) 
Sections 260.20 and 260.21 of the Penal Law, Unlawfully dealing with a child.
(8) 
Section 263 of the Penal Law, Sexual Performance by a Child.
(9) 
Section 415-a of the Vehicle and Traffic Law, Vehicle dismantlers.
(10) 
Possession, use, sale, or offer for sale of any alcoholic beverage in violation of Article 18 of the Tax Law or of any cigarette or tobacco products in violation of Article 20 of the Tax Law.
(11) 
Article 158 of the Penal Law, Welfare Fraud,
(12) 
Article 178 of the Penal Law, Criminal Diversion of Prescription Medications and Prescriptions.
C. 
The following violations shall be assigned a point value of four points:
(1) 
Chapter 122, Housing, and Chapter 168, Property Maintenance Requirements, and § 267-5 of Chapter 267, Streets and Sidewalks; and Title IX of the Charter, § C-176, Responsibility of owner to repair and maintain sidewalks.
(2) 
Permitting persons to be on the premises in excess of occupancy limit.
(3) 
Violations regarding building certificates of occupancy in violation of Chapter 120.
D. 
The following violations shall be assigned a point value of three points,
(1) 
Chapter 168, § 168-9, Litter, of this Code.
(2) 
Chapter 115, Brush, Grass and Weeds, of this Code.
(3) 
Chapter 198, Noise, of this Code.
(4) 
Chapter 135, Dogs and Other Animals, of this Code,
(5) 
Suffering or permitting the premises to become disorderly, including suffering or permitting fighting or lewdness.
(6) 
Section 175.10 of the Penal Law, Falsifying business records.
(7) 
Sections 170.65 and 170.70 of the Penal Law, forgery of or illegal possession of a vehicle identification number.
(8) 
Section 147 of the Social Services Law, food stamp program fraud.
(9) 
Article 26 of the Agriculture and Markets Law, cruelty to animals.
(10) 
Chapter 300, Article V, of this Code.

§ 201-4 Conviction not required.

For purposes of this article, a conviction for an offense in a court of competent jurisdiction shall not be required to establish that a specified violation of law has occurred at a building, erection, or place. Instead, the City shall be required to prove a specified violation by a preponderance of the evidence. However, a conviction as defined and applied in accordance with the provisions of § 1.20 of the Criminal Procedure Law, in any court of competent jurisdiction, shall constitute conclusive proof of such a violation of law. Conviction of an attempt to commit a violation of any of the specified provisions shall be equivalent to a conviction for a violation of the specified provision.

§ 201-5 Powers of Board of Public Safety enumerated.

In addition to any other enforcement procedures established elsewhere, the Board of Public Safety or its designee, after notice and opportunity for a hearing with respect to a public nuisance, shall be authorized:
A. 
To order the closing of the building, erection, or place to the extent necessary to abate the nuisance;
B. 
To suspend for a period not to exceed six months or revoke for a period of one year a certificate of use issued for such premises, and to prevent the operator from obtaining a new certificate of use for another location for the period of suspension or revocation;
C. 
To suspend for a period not to exceed six months or revoke for a period of one year any occupational license or permit issued by the City related to the conduct of a business or trade at the premises, which suspension or revocation shall also apply to any other locations operated by the holder for which the license or permit is required; or
D. 
Any combination of the above.

§ 201-6 Notice.

A. 
Prior to the issuance of orders by the Board of Public Safety or its designee pursuant to this article, the Board of Public Safety or its designee shall give notice and opportunity for a hearing to the owner, lessor, lessee, or mortgagee of a building, erection, or place wherein the public nuisance is being conducted, maintained, or permitted.
B. 
Notice shall be served upon an owner pursuant to Article 3 of the Civil Practice Law and Rules, upon a lessor or lessee pursuant to § 735 of the Real Property Actions and Proceedings Law, and upon a mortgagee by means of certified mail, return receipt requested, sent to the mortgagee's last known address, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing, or posting without the necessity of filing proof of service with the Clerk of any court before the hearing. Proceedings shall be commenced by service of the notice.

§ 201-7 Presumption of ownership.

The owner of the property affected by the orders of the Board of Public Safety or its designee shall be presumed to be the person in whose name title to the real estate is recorded in the Office of the Steuben County Clerk.

§ 201-8 Opportunity for hearing.

An opportunity for a hearing shall be within 60 days after the occurrence of the most recent violation cited in the notice.

§ 201-9 Lack of knowledge not a defense.

The lack of knowledge of, acquiescence or participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all those persons in possession or having charge of the property as agent or otherwise, or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance, shall not be a defense by such owners, lessors and lessees, mortgagees, and such other persons.

§ 201-10 Orders.

A. 
Orders of the Board of Public Safety or its designee issued pursuant to this article shall be posted at the building, erection or place where a public nuisance exists or is occurring in violation of law and shall be mailed to the owner of record thereof within one business day of the posting.
B. 
Five business days after the posting of an order issued pursuant to this section and upon the written directive of the Board of Public Safety or its designee, officers of the City of Hornell Police Department are authorized to act upon and enforce such orders,
C. 
Where the Board of Public Safety or its designee closes a building, erection or place pursuant to this article, such closing shall be for such period as the Board of Public Safety or its designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to this section. If the owner, lessor, or lessee shall file a bond in an amount determined by the Board of Public Safety or its designee, but not exceeding the value of the property ordered to be closed, and submit proof satisfactory to the Board of Public Safety or its designee that the nuisance has been abated and will not again be created, maintained or permitted for such period of time as the building, erection or place has been directed to be closed by the order of the Board of Public Safety or its designee, then the Board of Public Safety or its designee may vacate the provisions of the order that direct the closing of the building, erection or place.
D. 
A closing directed by the Board of Public Safety or its designee pursuant to this article shall not constitute an act of possession, ownership, or control by the City of the closed premises.

§ 201-11 Penalties for offenses.

A. 
It shall be a misdemeanor for any person to use or occupy any building, erection or place, or portion thereof, ordered closed by the Board of Public Safety or its designee pursuant to this article.
B. 
Mutilation or removal of a posted order of the Board of Public Safety or its designee shall be punishable by a fine of not less than $250 or by imprisonment not exceeding 15 days, or both, provided such order contains therein a notice of such penalty.
C. 
Intentional disobedience or disregard of any provision or orders issued by the Board of Public Safety or its designee pursuant to this article, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $1,000 or by imprisonment not to exceed six months, or both.

§ 201-12 Power to promulgate rules and regulations.

The Board of Public Safety or its designee shall promulgate rules and regulations to carry out and give full effect to the provisions of this article.
[Adopted 11-14-2011]

§ 201-13 Commencement of proceedings.

All public nuisance proceedings brought under Hornell City Code §§ 201-1 through 201-12 (hereafter, Hornell City Code Chapter 201, Article I) shall be commenced by service of a notice of charges on the owner, lessor, lessee and mortgagee of a building, erection or place (hereinafter called "respondent(s)"), wherein the public nuisance is being conducted, maintained or permitted.

§ 201-14 Notice of charges.

A. 
The owner or managing agent, mortgagee, and the lessor and lessee of a building, erection, or place, if known, shall be given written notice of incidents occurring thereat which constitute a public nuisance as defined in Hornell City Code Chapter 201, Article I. The notice shall set forth a description of the nuisance act; the section of law, if any, violated; the date of violation; and the address at which the violation occurred.
B. 
The notice shall further state that Hornell City Code Chapter 201, Article I authorizes the Board of Public Safety's designee to order, after notice and opportunity for a hearing, certain actions to abate public nuisances, including ordering suspension or closure of the business and/or the premises; suspension or revocation of the certificate of use or occupational license or permit issued by the City; suspension or revocation of the right to secure a certificate of use; or any combination of the above.
C. 
The notice shall further state that the respondents have 10 days from the date of receipt of this notice to demand a hearing and to serve an answer upon the City Attorney.
D. 
Service of the notice of charges shall be made pursuant to Civil Practice Law and Rules § 2103(b) upon everyone, but service shall be made upon an owner pursuant to Article 3 of the Civil Practice Law and Rules; the lessor or lessee pursuant to § 735 of the Real Property Actions and Proceedings Law; the mortgagee by means of certified mail, return receipt requested, sent to the mortgagee's last known address.

§ 201-15 Notice of hearing.

A. 
A notice of hearing shall be served in every proceeding where a respondent has filed an answer and demand for a hearing in conformance with these rules and regulations. Appropriate neighborhood interests shall also be notified of the proceeding and invited to provide information regarding the subject properties.
B. 
Service. Service shall be made at least 12 days before the scheduled hearing, Service shall be complete immediately upon delivery, mailing or posting. Service shall be accomplished by priority mail with delivery confirmation mail receipt to each individual's last known residence or business address unless the respondent is represented by counsel whereby service shall be on the respondent's attorney at the address listed on the answer.
C. 
Notice.
(1) 
A notice of hearing shall contain the name and address of the owner, lessor, lessee and mortgagee, the address of the building, erection or place where the public nuisance is being conducted, a scheduled time and place for the hearing and the identity of the hearing officer appointed to preside over the hearing. The notice shall cite the subsection of Hornell City Code § 201-3 being violated and shall contain a short and plain statement of the violation(s). It shall also list the dates of the violation and the specific section of the law upon which they were predicated. The notice shall also indicate the possible penalties and sanctions for violation(s) and a warning that failure to appear may result in an order closing the building, erection or place. The notice shall also include a statement that the respondent has a right to be represented by counsel, to cross-examine witnesses and to present witnesses and evidence on his or her behalf.
(2) 
The notice shall further state that a prehearing conference will be held, the date and place for the conference, the duty of all parties to disclose all evidence that they intend to introduce at the hearing and the obligation to consider measures to expedite the disposition of the proceedings. The notice shall further contain a statement that any party who unreasonably denies or refuses to admit a fact, authenticate a document or exchange witness lists or proposed exhibits will be precluded from denying the fact, or denying the authenticity or accuracy of the document or from introducing the exhibit or the testimony of the witnesses or objecting to the introduction of the exhibit or the testimony of witnesses.

§ 201-16 Prehearing conference.

A. 
Prehearing conference. A prehearing conference will be held at least seven days in advance of the hearing date at which time each party must disclose the evidence that the party intends to introduce at the hearing, including documentary evidence and identification of witnesses, and consider:
(1) 
Simplification of the issues;
(2) 
Amendments to any pleadings, notices or replies for purposes of clarification;
(3) 
Stipulations, admissions of fact, contents or authenticity of documents, or the accuracy of any photocopy or reproduction intended to be introduced at the hearing;
(4) 
Limitations on the number of witnesses; and
(5) 
Other matters which would expedite the disposition of the proceedings.
B. 
Witnesses and evidence precluded. Any party who unreasonably denies or refuses to admit a fact, authenticate a document or exchange witness lists or proposed exhibits will be precluded from denying the fact, or denying the authenticity or accuracy of the document or from introducing the exhibit or the testimony of the witnesses or objecting to the introduction of the exhibit or the testimony of witnesses.
C. 
Failure to appear at prehearing conference. Pursuant to the rule in § 201-19E, any respondent(s)' failure to appear at a prehearing conference will be deemed to have withdrawn their request for a hearing and be in default.

§ 201-17 Hearing officer.

A. 
Designation of. The hearing will be conducted by an independent hearing officer who is an attorney chosen by the Board of Public Safety for that purpose and who has not been involved in any way with the matter, except that hearing officers can conduct a rehearing resulting from a motion to vacate a default.
B. 
Duties. The hearing officer shall:
(1) 
Conduct the hearing in a fair and impartial manner;
(2) 
Take all necessary action to avoid delay in the disposition of the proceedings;
(3) 
Maintain order;
(4) 
Inquire fully into all matters in issue; and
(5) 
Obtain a full and complete record.
C. 
Powers. The hearing officer shall have all powers necessary to this end, including the powers to:
(1) 
Administer oaths and affirmations;
(2) 
Rule upon the admission of evidence and motions, consistent with the provisions of this section;
(3) 
Issue subpoenas requiring the attendance of witnesses and the production of books, documents and other records;
(4) 
Rule upon requests for adjournments and continuances consistent with the provisions of this section;
(5) 
Admit or exclude evidence, including the exclusion or protection of evidence on grounds of privilege or confidentiality;
(6) 
Preclude irrelevant or unduly repetitious, tangential, speculative testimony or argument; and
(7) 
Do any other act or take any other measure consistent with the provisions of this section necessary for the maintenance of order and to ensure the efficient and fair conduct of the hearing.

§ 201-18 Proceedings upon default.

A. 
Declaring a default. Upon respondent(s)' failure to answer and demand a hearing or to appear at the prehearing conference or at the hearing or any adjournment thereof, respondent(s) will be deemed to have pleaded no contest and an order assessing any of the penalties set forth in Hornell City Code Chapter 201, Article I may be issued. In such an event, the order shall not be issued unless the Board of Public Safety is satisfied that the notice of charges and/or a notice of hearing was duly served and that the evidence offered in support of the penalties constitutes a public nuisance as defined in Hornell City Code Chapter 201, Article I.
B. 
Application to vacate a default after answer is served and hearing demanded. An application for a hearing and stay of a default may be made within 10 days of the posting of an order imposing penalties on the affected building, erection or place, or mailing of a copy of the hearing officer's decision, whichever is later. Such application shall be made to the Board of Public Safety and shall be granted upon a showing of good cause.

§ 201-19 Hearing procedure.

A. 
Public hearing. Hearings shall be generally open to the public except that if either party has shown good cause, the hearing officer may exclude the public from a particular hearing or portion of a hearing.
B. 
Representation of the Board of Public Safety. The City Attorney shall present the evidence supporting the existence of a public nuisance.
C. 
Representation of the respondents.
(1) 
Any person who is entitled to notice pursuant to this rule may appear and be heard in person or by duly appointed representative and may produce, under oath, evidence relevant and material to the charges.
(2) 
A respondent may be represented by an attorney who is a member in good standing of the Bar of the State of New York.
D. 
Adjournments.
(1) 
No application for adjournment of a hearing shall be granted except for good cause shown, and if such adjournment is sought upon the grounds that the respondents' attorney is actually engaged in a court of record, an affidavit of actual engagement by such attorney must be presented.
(2) 
Upon granting any adjournment, the hearing officer may direct that the matter is set down peremptorily against the respondent(s), in which event the respondent(s) shall be notified that there shall be no further entitlement to any adjournment.
E. 
Withdrawal of hearing request. A hearing request may be deemed to have been withdrawn only under the following circumstances:
(1) 
The Board of Public Safety receives a written statement from the respondent(s) stating that the request is withdrawn;
(2) 
The respondent(s) makes a statement on the record at the hearing withdrawing the request; or
(3) 
The respondent(s) fails to attend the prehearing conference.
F. 
Record. All testimony shall be made under oath, and a verbatim record of the proceeding shall be made by stenographic transcription. Typewritten copies thereof may be ordered by the parties at their own expense.
G. 
Amendment of the charges set forth in the notice of hearing. The hearing officer or the attorney for the City may amend the charges set forth in the notice of hearing at any time before the close of the hearing or prior to a determination by the Board of Public Safety. If a respondent requests an adjournment based upon such amendment, the hearing officer may, in his discretion, grant such adjournment in the interest of justice when a party to such proceeding was surprised by such amendment without fault on his part.
H. 
Official notice.
(1) 
Facts not subject to reasonable dispute. The hearing officer or the Board of Public Safety may take official notice of a fact not subject to reasonable dispute if it either is generally known or can be accurately and readily verified in a generally accepted reference prior to or following the close of the hearing record.
(2) 
Procedure. If the hearing officer or Board of Public Safety intends to take official notice of a material fact which does not appear in the hearing record and of which judicial notice could not be taken, every party must be given notice and an opportunity to dispute the fact and its materiality.
I. 
Stipulation of facts. Prior to the hearing, the parties shall meet to determine and agree by stipulation what, if any, facts involved in the proceedings are not in dispute. Such stipulation shall be duly noted on the record and become part of the record. The attorney of record representing a party may enter into such a stipulation on behalf of that party.
J. 
Consent orders.
(1) 
At any time, the Board of Public Safety may enter into a consent order with a respondent, whereby the latter agrees to discontinue the nuisance acts or practices and provide such other further relief to which the respondent(s) may agree.
(2) 
Such consent order shall be admissible as evidence to provide the basis for a finding of fact in any subsequent proceeding brought by the Board of Public Safety against such respondent(s) involving the same or similar violation(s).
K. 
Discovery. There shall be no formal discovery procedure applicable to adjudicatory proceedings. Reasonable demands for discovery shall be complied with by the parties and objections thereto shall be timely made to the hearing officer.
L. 
Subpoenas. Any person desiring to subpoena a witness, document or other evidence may do so in the manner provided for in the CPLR.
M. 
Motions.
(1) 
Must be in writing. All motions and requests prior to the hearing shall be submitted in writing to the hearing officer. Copies of motion papers shall be served upon all parties. Motions made during the course of a hearing may be stated orally and shall be made a part of the record.
(2) 
Ruling on the motions. The hearing officer shall rule upon all motions and requests prior to the submission of his report to the Board of Public Safety. The Board of Public Safety shall rule upon all motions submitted after receipt of the hearing officer's report.
N. 
Evidence. All parties have the right to call witnesses, to conduct examinations, including cross-examination, to present evidence, and to make objections, motions and arguments.
(1) 
All evidence submitted must be relevant. Irrelevant and unduly repetitious testimony and cross-examination will be excluded.
(2) 
Technical rules of evidence followed in a court of law will not be followed, but evidence must be relevant and material.
(3) 
Hearsay evidence may be admitted if a reasonable degree of reliability is shown.
(4) 
Evidence otherwise relevant may be excluded if its value as proof is substantially outweighed by a potential for unfair prejudice, confusion of the issues, undue delay, waste of time or needless presentation of repetitious or duplicate evidence.
(5) 
Where part of a document is offered as evidence by one party, any party may offer the entire document as evidence.
(6) 
Each witness must be sworn or make an affirmation before testifying. Opening, closing and other unsworn statements are not evidence, and they will be considered as arguments bearing on evidence.
(7) 
The burden of proof to sustain a motion will be on the party making the motion.
(8) 
All decisions, determinations or orders must be made upon consideration of the entire record.
(9) 
Certificate shall constitute conclusive evidence of a violation. Police reports and accusatory instruments and supporting depositions concerning such violation shall be admitted as prima facie evidence of the information contained therein, which evidence may be overcome by other credible evidence.
O. 
Burden of proof. No public nuisance may be established except upon proof by a preponderance of the credible evidence. The municipal attorney has the burden of proof in establishing that a public nuisance exists at the cited premises, but the proponent of any factual proposition will be required to sustain the burden of proof with respect thereto.
P. 
Order of events. The hearing officer will have discretion to adjust the order of events and establish procedures to promote the conduct of a fair and efficient hearing. In general, the order of events at a hearing shall be as follows:
(1) 
Formal opening. The hearing officer will convene the hearing by opening the record, identifying the issues involved and making appropriate procedural announcements as necessary.
(2) 
Noting appearances. The hearing officer will call the name of the person who has requested the hearing and note the appearance of counsel, if any.
(3) 
Opening statements. Prior to the commencement of the evidentiary hearing, each party may offer a brief opening statement of position on the issues in dispute.
(4) 
Admission of evidence. The City of Hornell will present its direct case first. The respondent(s) will then present its case. All parties will have an opportunity to cross-examine the opposing party's witnesses. Evidence will be confined to that which is relevant to the issues identified by the hearing officer and disclosed at the prehearing conference.
(5) 
Closing statements and briefs. Closing statements of position will be taken in the same manner as opening statements. At the concluding session of the hearing, the hearing officer will determine whether to allow the submission of written post-hearing briefs and proposed findings of fact. The hearing record will be officially closed upon the receipt of additional technical data or other material agreed at the hearing to be made available after the hearing, or the submission of briefs and reply briefs, proposed findings of fact, memoranda, and exceptions, if any, by the various parties, whichever occurs later.
Q. 
Reopening of the hearing. At any time prior to issuing the final decision, the Board of Public Safety or the hearing officer may direct that the hearing record be reopened. This may be done to secure additional information or data or to consider significant new evidence.
R. 
Recording of the hearing is prohibited. Televising of a hearing for rebroadcast is prohibited pursuant to § 52 of the Civil Rights Law.

§ 201-20 Finding of facts after hearing.

Within 30 days of closing of the hearing, the hearing officer shall file a report and a complete record of the hearing.
A. 
The report. The hearing officer's report shall include a statement:
(1) 
Of the charges against the respondent(s);
(2) 
Summarizing each respondent's response to the charges;
(3) 
Of the facts recommended with specific references to principal supporting items in the record;
(4) 
Of the conclusions recommended, as well as the reasons or basis therefor, and whether the evidence sustained the charges.
B. 
Service of the report. A copy of such report shall be served on each of the respondents or their attorneys, if so represented. The report, when served, shall be accompanied by a statement in writing advising that the recipient may controvert any of the findings contained therein within seven days of the date of the notice by written submission to the Board of Public Safety and all parties.
C. 
Filing of the record. The record, which the hearing officer shall refer to the Board of Public Safety after the hearing, includes:
(1) 
The pleadings, which are:
(a) 
The notice of charges;
(b) 
Demand for hearing;
(c) 
Answer; and
(d) 
Hearing notice;
(2) 
Copies of all motions and decisions;
(3) 
Transcript of the proceedings;
(4) 
All exhibits received into evidence;
(5) 
Any admissions, agreements or stipulations;
(6) 
A statement of matters officially noted;
(7) 
Offers of proof, objections and rulings; and
(8) 
The report referenced in Subsection A of this section.

§ 201-21 Final determination and order.

After receipt of the record and the hearing officer's report, the Board of Public Safety shall approve, modify or reject the hearing officer's report and thereby make a final determination based upon the entire record and issue an order consistent thereto.
A. 
Content of decision. The decision will be in writing and shall consist of two parts:
(1) 
The final determination, which describes the issues, recites the relevant facts and pertinent provisions of the law and codes, makes appropriate findings, and states the reasons for the determinations; and
(2) 
The final order, which shall provide for:
(a) 
The dismissal of charges; or
(b) 
An assessment of penalties consistent with Hornell City Code Chapter 201, Article I; or
(c) 
A direction for abatement; and/or
(d) 
A combination of any or all of the foregoing.
B. 
Service. A copy of the final determination and order shall be mailed to the respondent(s) or its attorneys, if represented by counsel, together with notice of right to judicial review in accordance with Article 78 of the Civil Practice Law and Rules. Orders of the Board of Public Safety shall also be posted at the building, erection or place where the public nuisance exists.