[1]
Editor's Note: Former § 170-13, Powers and duties
of enforcement officer, was repealed 5-10-2016 by Ord. No. 6-2016.
[Amended 11-8-2016 by Ord. No. 20-2016]
Whenever the enforcement officer finds that there has been a
violation of this chapter or of any rule or regulation adopted pursuant
thereto, he shall give notice to the person or persons responsible,
with a copy of the same being kept and maintained in the files of
the Gloversville Fire Department. Such notice shall be in writing,
shall further include a description of the real estate sufficient
for identification, shall further include a statement of the reason
or reasons that the notice or order is being issued, shall further
set forth a reasonable time for the performance of any act it requires,
and shall further be served upon the owner or agent or upon the occupant,
as the case may require. Service shall be via personal service or
by registered letter or in any other manner authorized or required
by law.
A.
When upon re-examination, after the expiration of
the time for compliance, the enforcement officer finds that the violation
has not been corrected, then he is authorized to cause such dwelling
to be repaired, altered or improved or to be vacated or closed.
B.
Whenever the enforcement officer finds that any dwelling
constitutes a serious hazard to the health or safety of the occupants
or to the public because it is dilapidated, unsanitary, vermin-infested
or lacking in the facilities required by this chapter, he shall designate
such dwelling unfit for human habitation and shall cause to be posted,
on the main entrance of any dwelling so closed, a placard with the
following words: "This building for human habitation is prohibited
and unlawful." If the owner fails to comply with an order to remove
or demolish the dwelling, the enforcement official may cause such
dwelling to be removed or demolished.
C.
The amount of the cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition,
when done by the enforcement officer, shall be a municipal lien against
the real property upon which such cost was incurred. If the dwelling
is removed or demolished by the enforcement officer, he shall sell
the materials of such dwelling at public sale, as provided by law,
and shall credit the proceeds of such sale, after deduction of the
expenses thereof, against the cost of the removal or demolition, and
any balance remaining shall be deposited in the City Court of the
City of Gloversville by the enforcement officer, shall be secured
in such manner as may be directed by such Court, and shall be disbursed
by such Court to the persons found to be entitled thereto by final
order or decree of such Court; provided, however, that nothing in
this section shall be construed to impair or limit in any way the
power of the municipality to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise.
D.
Complaints or orders issued by the enforcement officer
pursuant to this chapter shall be served upon persons either personally
or by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the enforcement officer in the
exercise of reasonable diligence, and the enforcement officer shall
make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once
each week for two (2) consecutive weeks in the official newspaper
of the City of Gloversville. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order. A copy of such complaint or order shall be duly recorded
or lodged for record with the City Clerk of the City of Gloversville.
A.
Any person who shall violate any provision of this
chapter or any provision of any rule or regulation adopted by the
enforcement officer pursuant to authority granted by this chapter
shall, upon conviction, be punished by a fine of not more than one
hundred fifty dollars ($150.), or imprisonment for not more than six
(6) months, or both.
