Pursuant to the authority and powers granted
in the Municipal Home Rule Law, particularly § 10 thereof,
General Municipal Law § 78-b, and General City Law § 20(35),
the following procedures may be followed:
A. Upon the making of a written report by the Code Enforcement
Supervisor that the building or structure is unsafe or dangerous to
the public, the Code Enforcement Supervisor shall serve a notice upon
the owner and all other persons having an interest in such property
or structure, either personally or by registered mail, addressed to
their last known addresses as shown by the records of the City Assessor
and/or in the office of the County Clerk, containing a description
of the premises, a statement of the particulars in which the building
or structure is unsafe or dangerous and an order of the Code Enforcement
Supervisor requiring the same to be repaired or demolished and removed
and, if such service is made by registered mail, the posting of such
notice on the premises.
B. Such owner so served shall commence the repair or
demolition and removal of such building or structure within 30 days
after service of such notice.
C. A hearing shall be scheduled by and held before the
City Engineer at a time and place specified in the notice to repair
or demolish and remove, not sooner than two weeks nor later than the
date given to commence repair or demolition and removal.
D. At the hearing, the owner, the City and any other
interested parties may present witnesses and any other proof relating
to the matter, and all parties may appear in person or with their
attorneys.
E. At the conclusion of the hearing, the City Engineer
shall make a determination, in writing, and a copy of the same shall
be served either personally or by registered mail on all parties who
appear therein.
F. The determination shall state whether the original
report is sustained, modified or reversed. If reversed, no further
proceeding shall be had.
G. If the original report is sustained, in whole or in
part, the City Engineer shall also include an order directing the
owner to proceed in accordance therewith and shall further specify
that unless the work is commenced within 10 days after service and
completed within a reasonable time thereafter, which the City Engineer
shall designate, the penalties hereinafter provided shall be invoked.
H. The notice from the City Engineer under Subsection
A of this section shall be filed in the office of the Jefferson County Clerk, in the same manner as the notice of pendency, pursuant to Article 65 of the Civil Practice Law and Rules. Such a notice so filed shall be effective for a period of one year from the date of filing. However, said notice may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the City Attorney.
The transfer of title by the owner of premises
upon which an unsafe building or structure is located shall be no
defense to any proceedings under this chapter.