A.
Establishment. There shall be established or designated
by local law in the City of Hornell an agency to administer and secure
compliance with the applicable housing standards. Such agency is hereinafter
referred to as the "agency."
B.
Direction of agency. 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.
Qualifications and appointment of agency personnel.
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.
Liability of agency personnel. 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.
Duty to administer housing standards; adoption of
rules and regulations. 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.
Authority to conduct surveys. The agency shall be
authorized to conduct surveys of housing in any area of the municipality
to determine the condition of premises, the extent of deterioration,
the lack of facilities, inadequate maintenance, unsafe and insanitary
conditions, the extent of overcrowding, land use and other relevant
factors.
C.
Duties of chief officer. It shall be the duty of the
chief officer:
(1)
To cause periodic inspections to be made not less
than once every five years of all premises within the scope of applicable
housing standards.
(2)
To cause an investigation of all complaints of alleged
housing violations or other unsafe or insanitary conditions.
(3)
To order, in writing, the remedying of all conditions
found to exist in or on any premises in violation of the provisions
of the housing standards or of the rules and regulations adopted by
the agency, 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 agency upon failure
of the responsible party to comply with such violation order within
the time specified therein.
(5)
To cause a search of the agency's records of housing
violations existing on any premises and to issue a certified statement
thereof upon receipt of a written request and the payment of any fees
required by local law or ordinance.
(6)
To study housing conditions in the municipality.
(7)
To cooperate with other municipal, governmental and
private agencies engaged in the study and improvement of housing conditions.
(8)
To publish an annual report of housing conditions
in the municipality, accomplishments of the agency and recommendations
for the future.
D.
Issuance of orders to remove or abate hazardous or
dangerous conditions. Where violations of the housing standards exist
and pose an immediate hazard or danger to the health, safety or welfare
of building occupants or of the public, the chief officer may issue
an order citing the violation and directing such action by such municipal
agency as is necessary to remove or abate the immediate hazard or
danger.
A.
Inspector's right of entry. Inspectors shall be authorized
and have the right, in the performance of their duties, to enter any
premises during normal business hours and in emergencies whenever
necessary to protect the public interest.
B.
Duty of owners, etc. Owners, agents, operators and
occupants shall be responsible for providing access to all parts of
the premises within their control to authorized agency personnel acting
in the performance of their duties.
The agency shall keep records of all complaints
received, inspections made and violations found regarding premises
regulated by the housing standards. Records shall be kept in a manner
and form as prescribed by local law and shall be available for public
inspection.
Every person who shall fail to comply with a violation order issued by the agency within the time limit stated thereon shall be guilty of an offense and, upon conviction, shall be punished as provided in § 1-1 of this Code.
