[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.]
[Derived from Art. III of Ch. LXI of the Charter and Ordinances, 1974]
The following terms and words, when used in this Article, shall have meaning and effect as follows:
- An individual, a partnership, a corporation, a receiver, an association, an executor, an administrator, a trustee, a guardian or an agent.
- That portion of a street outside of the roadway used or set aside for the use of pedestrians.
- The entire area conveyed, acquired or dedicated to public use and passage. The word "street" shall include in its meaning the words "avenue," "alley," "drive," "place" or any other word used to designate the public thoroughfare as above defined.
The Parking Violations Bureau shall hear and administratively determine charges of violations of certain provisions of the following chapters of this Code or of any ordinance later adopted related to streets, sidewalks and sanitation. This additional jurisdiction is conferred by Local Law No. 3 of 1987, adopted pursuant to Chapter 856 of the Laws of 1986.
Editor's Note: See § 236, Subdivision 4, of the Vehicle and Traffic Law.
The personnel of the Parking Violations Bureau shall have and perform such additional duties as will ensure that violations adjudicated pursuant to this Article are heard and determined in the same manner as charges of parking violations and that a person charged with any such violation is afforded all the rights to a hearing, administrative adjudication and judicial review which a person charged with a parking violation has.
The Parking Violations Bureau shall have the following additional functions, powers and duties:
To accept pleas to and to hear and determine charges of violation of certain ordinances regulating the use of streets and sidewalks.
To provide for civil penalties for violations of the streets and sidewalks ordinances in accordance with a schedule of fines.
To adopt rules and regulations, not inconsistent with any applicable provision of law, to carry out the purposes of the local law adopted pursuant to Chapter 856 of the Session Laws of the State of New York of 1986, being an act in relation to the adjudication of violations relating to streets, sidewalks and sanitation, including but not limited to rules and regulations prescribing the internal procedures and organization of the Bureau, the manner and time of entering pleas, the conduct of hearings and the amount and manner of payment of penalties.
To enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil acts in any court of competent jurisdiction or any other place provided for the entry of civil judgment within the State of New York.
To compile and maintain complete and accurate records relating to all charges and dispositions and to prepare complete and accurate transcripts of all hearings conducted by the Bureau and to furnish such transcripts to the person charged at said person's own expense upon timely request and upon said person's complying with the regulations of the Bureau.
To remit to the City Treasurer, on or before the 15th day of each month, all monetary penalties or fees received by the Bureau during the prior calendar month, along with a statement thereof, and at the same time to file duplicate copies of such statement with the City Comptroller.
To answer, within a reasonable period of time, all relevant and reasonable inquiries made by a person charged with a street, sidewalk and sanitation violation or his attorney concerning the notice of violation (summons) served on that person. The Bureau must also furnish within a reasonable period of time to the person charged, on his request and upon complying with the regulations of the Bureau, a copy of the original notice of violation (summons), including all information contained thereon. Failure of the Bureau to comply with the provisions of this subsection within 75 days of such inquiry, forwarded to the Bureau by certified or registered mail, return receipt requested, will result, upon the request of the person charged, in an automatic dismissal of all charges relating to and only to that notice of violation (summons) to which the inquiry was made.
To prepare and to issue a notice of violation in blank to employees Parking Violations Bureau, whose duties, as prescribed by the Director of the Parking Violations Bureau, include enforcement of the following chapters of the Code and to any peace officers authorized by the City to assist in the enforcement of this Article. The notice of violation (summons) or duplicate thereof, when filled in and sworn to or affirmed by such designated officers and served as provided in this Article, shall constitute notice of the violation charged.
[Amended 6-13-1995, effective 6-26-1995]
Editor's Note: Former Ch. 441, Telephone Booths, was amended 11-16-1993, effective 11-29-1993, changing the name to "Telephone Facilities."
[Amended 5-28-1996, effective 6-7-1996]
The notice of violation (summons) shall contain information advising the person charged of the matter and the time in which he may plead either guilty or not guilty to the violation alleged in the notice. Such notice of violation (summons) shall also contain a warning to advise the person charged that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon. The form and wording of the notice of violation (summons) shall be prescribed by the Director. A duplicate of each notice of violation (summons) shall be served on the person charged in the manner hereinafter provided. The original or a facsimile thereof shall be filed and retained by the Bureau and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.
A notice of violation (summons) may be served personally upon the owner of the premises adjacent to the street or sidewalk, the occupant or person in control of the premises adjacent to the street or sidewalk or any other person who has violated the street, sidewalk and sanitation ordinances. Any person of suitable age and discretion may accept such notice of violation (summons) on behalf of the aforesaid owner, occupant or other person upon properly identifying themselves and providing the names and addresses of the aforesaid owner, occupant or other person. In such case, the name and address of the aforesaid owner, occupant or other person shall be entered on the notice of violation (summons) along with the other required information. In case of service of a notice of violation (summons) on a person who is not the owner of premises adjacent to a street or sidewalk, a duplicate copy of such notice of violation (summons) shall be forwarded, by first class mail, to the owner of such premises.
A notice of violation (summons) may be served upon the owner of the premises adjacent to the street or sidewalk by affixing such notice to the premises in a conspicuous place. Service of such notice of violation (summons) shall be completed when a duplicate copy of such notice of violation (summons) is forwarded, by first class mail, to the owner of such premises.
[Last amended 10-18-2016]
The schedule of fines and penalties shall be as follows:
[Derived from Secs. 102 and 103 of Ch. XXV of the Charter and Ordinances, 1974]
Any person, corporation or firm, who shall violate any of the provisions of the following chapters; who shall omit or refuse to do any act required to be performed by him, her or it, pursuant to the provisions of said chapters or any reasonable rule, regulation or direction of the Health Commissioner made pursuant to the authority of said chapters; who shall obstruct, hinder or prevent any officer or employee of the Health Department, duly authorized, from the discharge of any duty enjoined upon him by any provision of said chapters; or who shall do any of the acts forbidden by any of the provisions of said chapters or by any reasonable rule, regulation or direction of the Health Commissioner made pursuant to the authority of said chapters shall, in addition to any penalty otherwise provided by statute, be liable to a fine or penalty as provided in Chapter 1, Article III, of this Code:
The Health Commissioner shall have full power to enforce and carry out all ordinances, rules and regulations for the preservation of the public health; and in case any business or practice is dangerous or detrimental to the public health, to prohibit the same and to declare unwholesome grounds, yards, cellars, buildings and other places, stagnant, mosquito-breeding or unwholesome waters, filth and unwholesome matter injurious to health to be nuisances. Upon so declaring, the Health Commissioner shall have power to abate the same as he may deem expedient, and the expense thereof may be assessed upon the lands and premises upon or in front of which said nuisance was or existed or upon the parcels of land and upon the premises benefited by the abatement of such nuisance as the Council shall direct, but no established business or rights to property of any person shall be interfered with or prohibited until the offender or offenders therewith charged shall have been duly summoned by notice of not less than one day to appear before said Health Commissioner to show cause why such declaration or order of prohibition shall not be enforced against the person or persons, party or parties or premises charged nor until said party or parties or persons interested in the premises shall have an opportunity to be heard in person or by counsel.