The chief officer is authorized to make or cause to be made
inspections to determine the conditions of premises in order to safeguard
the health, safety and welfare of the general public. The inspection
hereinabove authorized shall be made between the hours of 10:00 a.m.
and 4:00 p.m. on any day of the week, exclusive of Saturdays, Sundays
and all legal holidays. The inspection shall be made in such a manner
and at such a time within the hours hereinabove prescribed so as to
cause the least possible inconvenience to the persons in possession
thereof.
Inspectors and authorized personnel of the agency shall be supplied
with official identification and shall exhibit such identification
when entering any premises and all parts thereof.
Any notice of violation provided for in §
121-69 shall be followed by a final order if written request for a hearing before the chief officer or his designated assistant has not been filed in the office of the chief officer within the time specified after receipt of the notice, unless such time has been extended in writing by the chief officer as provided in §
121-72 or unless the necessary remedial action has been effected. A copy of the final order shall be served in the same manner as provided for service of the notice of violation in §
121-69. Such order shall give the violator such time as may be specified by the chief officer from date of service of said order in which to comply or appeal as provided in §
121-88. Upon failure of violator to comply or appeal within such specified period, the chief officer shall act to obtain compliance as provided by this code.
[Amended 9-15-2021 by L.L. No. 6-2022]
As delegated pursuant to Title IV, §
79, of the Charter of the City of Rensselaer, whenever the chief officer, at any stage of the investigations and inspections authorized under the provisions of this code, in particular, Article
VI of this chapter (Property Maintenance Requirements), or pursuant to New York State Real Property Actions and Proceedings Law, §§ 1307, 1308, 1309, or 1392, finds that a violation of this code exists which, in his or her opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or of the public at large, he or she may, without prior notice or hearing, issue an emergency order citing the violation and directing applicable City officers and/or employees to take such action as may be necessary to remove or abate the hazard or danger. A copy of such emergency order shall be provided to the City Mayor before issuance. Such emergency order may include an order to vacate and to authorize entry upon such property to effectuate the necessary removal or abatement of the imminent hazard or danger. Notwithstanding any other provision of this code, such an emergency order shall be effective immediately, and shall be complied with immediately or as otherwise provided by the chief officer. Any cost incurred by the City in effectuating the aforementioned removal or abatement shall be a charge against the appropriate responsible party, and against the real property itself. The chief officer shall file in his or her records an affidavit stating with fairness and accuracy the items of expense and date such expenses were incurred, and provide a copy of same to the City Mayor, City Common Council, City Treasurer, City Assessor and City Clerk.
The chief officer may extend the compliance time specified in
any notice or order issued under the provisions of this code where
there is evidence of intent to comply within the period specified,
provided that reasonable conditions exist which prevent immediate
compliance.
No owner of any dwelling, dwelling unit or other premises upon
which any notice or order pursuant to this code has been served shall
sell, transfer, grant, mortgage, lease or otherwise dispose of such
property to another until compliance of the provisions of such notice
or order has been secured or until such owner shall furnish to the
purchaser, transferee, grantee, mortgagee or lessee a true copy of
such notice or order and, at the same time, give adequate notification
to the chief officer of the Bureau of his intent to sell, transfer,
grant, mortgage or lease and supply to the chief officer, in writing,
the name and address of such person, persons or firm to whom the sale,
transfer, grant, mortgage or lease is proposed. A purchaser, transferee,
grantee, mortgagee or lessee who has been informed of the existence
of any notice or order issued pursuant to the code shall be bound
thereby.
Records shall be kept of all complaints received, inspections
made, violations and actions taken regarding premises regulated by
this code. Records of inspections made, violations found and actions
taken regarding premises regulated by this code shall be available
for public inspection.
Any premises within the scope of this code having any of the
defects found in Subsections A through D below may be designated by
the chief officer as unfit for human habitation, and a notice to such
effect shall be posted upon the premises.
A. The structure lacks ventilation, sanitation, heat or other facilities
adequate to protect the health and safety of the occupants or the
public.
B. The structure or premises is damaged, decayed, dilapidated, insanitary,
unsafe or vermin-infested in such a manner as to create a serious
hazard to the health and safety of the occupants or the public.
C. The structure or premises, because of the location, general conditions,
state of the premises or number of occupants, is so insanitary, unsafe,
overcrowded or otherwise detrimental to health and safety that it
creates a serious hazard to the occupants or the public.
D. The structure, because of the failure of the owner or occupant to
comply with such notices or orders issued pursuant to this code, is
unfit for human habitation.
Whenever the chief officer determines that a dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit is unfit for human habitation as provided in §
121-75, he shall include such finding within the notice of violation provided for in §
121-69, and he shall also include a statement of his intent to order the premises to be vacated and to post necessary notices on the dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit, if compliance with the provisions of the notice of violation has not been secured.
Whenever a notice of violation as provided in §
121-76 has not been complied with, the chief officer of the Bureau may post a notice on the premises and order the premises or any part thereof to be vacated. A copy of such order to vacate shall be served on the owner, agent or operator and the occupant in the same manner as the case may require as provided for serving notice of violations in §
121-69.
Any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit designated as unfit for human habitation pursuant to §
121-75 and ordered that a notice be posted and vacated as provided in §
121-77 shall be vacated within such reasonable time as the chief officer of the Bureau may specify in the order. No such dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit shall again be used for human habitation and said posted notice removed until written approval is secured from the chief officer of the Bureau.
No person shall deface or remove the posted notice from any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in §
121-78.
The owner, agent, occupant or operator of any dwelling, dwelling
unit, lodging house, lodging unit, rooming house or rooming unit which
has been designated as unfit for human habitation and vacated shall
make such dwelling, dwelling unit, lodging house, lodging unit, rooming
house or rooming unit safe and secure in whatever manner the chief
officer shall deem necessary. Any vacated building, open at the doors
and windows, if unguarded, shall be deemed dangerous to human life
and a nuisance within the meaning of the provision.
Whenever the chief officer designates a building unfit for human habitation, as provided in this code, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation provided for in §
121-69 a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee and mortgagee, recorded prior to service of any notice of violation in §
121-70. The owner may demolish such structure or correct the violation regardless of cost, provided that the requirements of the building code in effect at the time of attempted compliance are satisfied.
Whenever a notice of violation as provided in §
121-81 of this code has not been complied with, the chief officer may order the building demolished. Such order shall be served on the same parties provided in §
121-81 and in the same manner as provided for service of notice of violation in §
121-69, and demolition shall be completed within the time specified by the chief officer of the Bureau.
Whenever a notice and order to remove a violation or secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the chief officer to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or take such other legal action as is necessary to abate the nuisance. Whenever the chief officer determines that such nuisance exists, he shall record sufficient proof to support such determination. Abatement authorized by this section shall not commence until at least 30 days after service of such order, except as provided in §
121-71.
The expenses incurred pursuant to §
121-83 of this code shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other violation. The chief officer shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by §
121-83. The chief officer may institute a suit to recover such expenses or may cause such expenses to be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which has priority over the lien of any recorded mortgage or lien on such property executed and recorded prior to the existence of a lien herein authorized.
No officer, agent or employee of the City of Rensselaer, New
York, shall be personally liable for any damage that may accrue to
person or property as a result of any official determination, order
or action required or permitted in the discharge of his duties under
this code. Any suit brought against any officer, agent or employee
of the City of Rensselaer, New York, as a result of any official determination,
order or action required or permitted in the discharge of his duties
under this code shall be defended by the Corporation Counsel until
the final determination of the proceedings therein.
The Corporation Counsel shall, upon complaint of the chief officer or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove violations of this code and to take such other legal action as is necessary to carry out the terms and provisions of this code. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law and as provided in §
121-63B. Any and all remedies may be pursued concurrently or consecutively, and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.
Any person or persons jointly or severally aggrieved by any
final order of the chief officer of the Bureau may appeal to the Board
of Building, Zoning and Housing Appeals in the manner prescribed by
the rules and regulations of that body.