[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Editor's Note: Former § 170-13, Powers and duties of enforcement officer, was repealed 5-10-2016 by Ord.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.
[Amended 1-9-2024 by L.L. No. 01-2024]
A. 
Penalties for violation.
(1) 
Any person violating the provisions of this chapter, failing to comply with its provisions or providing false information to the Fire Chief, Building Inspector or other enforcement officer shall be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not to exceed 15 days or both. Each day a violation continues shall be deemed a separate offense.
(2) 
The term "person" as used herein shall include any owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, administrator, trustee, lessee, agent or any other person or entity directly or indirectly in control of the building or part thereof or responsible for its maintenance or upkeep either by title or by contract.
B. 
Payment requirements. All fees and penalties set forth herein or in the duly adopted fee schedule are to be delivered by mail or in person to the office of the City Commissioner of Finance, City Hall, 3 Frontage Road, Gloversville, New York, 12078. Failure to pay any amount within 30 days of its due date will incur an additional charge of 2% of the unpaid amount per month. A processing fee will be charged for each check returned unpaid for insufficient funds or any other reason.[1]
[1]
Editor's Note: Former Article V, Board of Appeals, consisting of §§ 42-18 through 42-22, as amended, of the 1965 Code, which Article immediately followed this section, was deleted 4-25-1995 as L.L. No. 4-1995.
C. 
Consequences of nonpayment. Upon due application by the Mayor to the Gloversville City Court, amounts unpaid, whether as a fee, fine or penalty, shall be added to the tax roll for the applicable parcel for the tax year subsequent to the imposition of the fee, fine or penalty, and will include an additional fee for processing. Unpaid amounts may also, upon such due application, be reduced to money judgement against any and all owners.