A.
The Building Department Administrator shall be the
enforcement officer of this chapter and shall administer and secure
compliance with the applicable housing standards.
B.
The Building Department Administrator shall have as
his or her representative such assistants and inspectors as may be
necessary to carry out effectively the powers and duties of his or
her office.
C.
All personnel shall be qualified and appointed as
prescribed by law, and shall be furnished with appropriate official
badges or identification cards.
D.
All personnel shall be free from personal liability
for acts done in good faith in the performance of their official duties.
A.
The Building Department Administrator shall be charged
with the duty of administering the housing standards and securing
compliance therewith, and shall be empowered to adopt rules and regulations
necessary for securing such compliance and for its own organization
and internal management. Such rules and regulations shall not be in
conflict with the housing standards or with any provision of law.
B.
The Building Department Administrator shall be empowered
to prescribe and secure compliance with housing requirements for mobile
homes used as temporary relocation housing in connection with an urban
renewal, public improvement or other publicly aided program.
C.
The Building Department Administrator shall be empowered
to request, and shall receive, so far as may be necessary in the discharge
of his or her duties, the cooperation of other officials or agencies
of the municipality.
D.
The Building Department Administrator shall be empowered
to require the registration of premises and to issue certificates
of compliance with respect to the use and occupancy of premises, or
issue temporary certificates, limited to premises or parts thereof
before or during the performance of any work to eliminate or correct
violations or deficiencies, for an initial period of 90 days and renewable
for additional ninety-day periods.
E.
The Building Department Administrator shall be empowered
to require independent inspections and test of equipment and systems
used in connection with premises.
F.
The Building Department Administrator shall be empowered
to conduct surveys to determine the condition of premises, extent
of deterioration, lack or adequacy of facilities, adequacy of maintenance,
existence of unsafe and insanitary conditions, extent of overcrowding,
land use and other relevant factors affecting safety, health or welfare.
G.
It shall be the duty of Building Department Administrator:
(1)
To cause inspections to be made of premises within
the scope of the housing standards.
(2)
To cause an investigation of complaints of alleged
violations of the housing standards.
(3)
To issue written orders for the elimination or removal of conditions affecting or found to exist in, on or about premises in violation of the housing standards, and, where appropriate, order the cessation of an unlawful use or nuisance or the vacation, demolition or repair of premises found dangerous or unsafe, and to state in the violation order a reasonable time limit for compliance therewith, and the time within which an appeal may be taken pursuant to Chapter 112, Unsafe Buildings.
(4)
To request the City Attorney to take appropriate legal
action immediately or upon failure to comply with a violation order
or orders.
[Amended 12-22-1997]
(5)
To assist and cooperate with the Housing Board of
Appeals.
(6)
To keep official records of his or her actions and
activities.
(7)
To cause studies to be made of housing and environmental
conditions for the purpose of community improvement.
(8)
To cooperate with other public and private agencies
engaged in the study and improvement of housing and environmental
conditions.
(9)
To publish an annual report, including a summary of
actions, activities, results, accomplishment, studies, as well as
current and proposed programs.
[Added 3-23-1999[1]]
A.
It shall be the duty of the Building Department Administrator
and his/her designees to conduct annual inspections of multiple dwellings,
within the meaning of the New York Multiple Residence Law, and to
enforce the provisions of said state law within the city limits and
to adopt regulations as may be appropriate for the enforcement of
said law.
B.
It shall be the duty of the Building Department Administrator
to establish a registry of all multiple dwellings, their locations,
owners and lessors, and to maintain a file for each such dwellings
which shall contain a record of annual inspections therein.
C.
It shall be the duty of the Building Department Administrator to enforce the provisions of the New York Multiple Residence Law and to issue violation orders and/or to cause the prosecution for violation of the Multiple Residence Law and to issue violation orders and/or cause the prosecution for violation of the provisions of § 168-57 pursuant to §§ 168-63 and 168-6 of this chapter.
D.
The City Council shall establish fees from time to
time for the registering of multiple dwellings and conducting of annual
inspections.
[1]
Editor's Note: This ordinance also repealed
former § 168-56, Registration.
[Added 3-23-1999[1]]
A.
It shall be the duty of every owner and lessor of
a multiple dwelling to register with the Building Department, on forms
provided by the City of Glen Cove, within 90 days of the adoption
of these provisions and to file changes in any registration information
as the Building Department may require, including:
(1)
Name and address of each owner and lessor.
(2)
Description and address of each multiple dwelling.
(3)
Sketch showing kitchens, bedrooms, hallways, common
areas, levels of occupancy, smoke detectors, exits and other firesafety
equipment for each dwelling unit on the premises containing a multiple
dwelling.
(4)
Identification of any mixed-use occupancy on the premises.
(5)
Any other information the Building Department Administrator
deems reasonably necessary to the carrying out of these provisions.
B.
It shall be the duty of every owner and lessor of
a multiple dwelling to comply with the New York Multiple Residence
Law and to maintain such multiple dwelling in compliance with all
of the fire, occupancy and safety provisions provided therein, wherever
applicable to said dwelling.
[1]
Editor's Note: This ordinance also repealed
former § 168-57, Independent inspections.
[Added 3-23-1999[1]]
Nothing contained in this article shall be interpreted
to require inspection or registration of any multiple dwelling located
in the City of Glen Cove which is inspected annually by the Nassau
County Fire Marshal pursuant to the provisions of the Nassau County
Fire Prevention Ordinance, as amended.
[1]
Editor's Note: This ordinance also repealed
former § 168-58, Certificate of compliance.
A.
The Building Department Administrator and his or her
representatives shall be authorized, in the performance of their duties,
to conduct inspections of premises, or parts of premises, at such
times and in such manner as they may find convenient or necessary,
with the consent of the person in possession or occupancy.
B.
If admission is refused or cannot be obtained from
the person in possession or occupancy, the Building Department Administrator
or his or her representatives shall be authorized to obtain a warrant
to make an inspection, provided that reasonable or probable cause
is shown.
C.
In case of an emergency, the Building Department Administrator
or his or her representatives may, without a warrant, enter any premises,
or parts of premises, to inspect the same, at any time, without the
permission of the person in possession or occupancy.
[Added 9-23-2014]
A.
In connection
with the investigation and prosecution of violations of this chapter
related to occupancy, it shall be a rebuttable presumption that a
building or dwelling unit zoned for single-family occupancy is occupied
by more than one family if one or more of the following features are
found to exist on the premises of that building or dwelling unit:
(1)
More
than one gas meter, electric meter, or water meter.
(2)
More
than one connecting line for cable or satellite television.
(3)
More
than one doorbell or doorway on the same side of the building or dwelling
unit.
(4)
More
than one mailbox, mail slot, or post office address, or any combination
thereof.
(5)
That
there exists permanent partitions or "key locked" internal doors which
may serve to bar access between segregated portions of the dwelling,
including but not limited to bedrooms, or the inability of any occupant
or person in possession thereof to have unimpeded and/or lawful access
to all parts of the dwelling unit.
(6)
That
there exists two or more kitchens, each containing one or more of
the following: a range, oven, hot plate, microwave, or other similar
device customarily used for cooking or preparation of foods, unless
the existence of additional kitchens has been approved by the City
in writing.
(7)
Separate
written or oral rental agreements or leases or the payment of rent
for portions of the building or dwelling unit among the owners or
residents, or any combination thereof.
B.
It shall
be presumed that a dwelling which has been advertised in any newspaper,
magazine or local advertising publication as being available for sale
or rent, which advertisement expressly or implicitly provides that
such dwelling contains rooms for rent, more than one separate dwelling
living unit, or may be occupied by more than one separate family,
is being used as a dwelling containing the number of rooms for rent,
dwelling units or families stated or implied in such.
C.
The presumption raised by proof of the existence of any such conditions set forth in Subsections A and B of this section may be rebutted by conclusive evidence that such conditions do not in fact exist, or conclusive evidence that the existence of such condition(s) is for a lawful purpose and do(es) not relate to illegal occupancy of said dwelling.
[1]
Editor's Note: Former § 168-60,
Violations, added 8-25-1992, as amended, was repealed 4-25-2000.
Costs incurred by the city in repairing, vacating and demolishing unsafe or dangerous buildings shall be collected and enforced pursuant to § 112-7 of Chapter 112, Unsafe Buildings.
[1]
Editor's Note: Former § 27.62, Unsafe
buildings and structures, which immediately preceded this section,
was repealed 5-27-1997 by L.L. No. 2-1997.
The Building Department Administrator shall
keep official records of, but not limited to: registrations and reports
filed, certificates issued, complaints received, inspections made,
violations found, orders issued and actions taken. Such records shall
be public records, open to inspection during business hours. Copies
or transcripts of such records shall be furnished upon written application
and payment of any and all lawful fees.
A.
Any person or corporation or officer thereof who shall
violate any of the provisions of this chapter, or who fails to comply
therewith or who shall fail to comply with any written notice of violation
or order issued by the Building Department Administrator, shall be
guilty of a violation within the meaning of the New York Penal Law
and, upon conviction, shall be liable to a fine of not less than $1,000
nor more than $2,000 or to imprisonment for a period not to exceed
15 days, or both; and, upon a second conviction for the same offense
committed within five years of the date of the first offense, shall
be liable to a fine of not less than $2,000 nor more than $3,500 or
to imprisonment for a period not to exceed 15 days, or both; and,
upon a third conviction for the same offense committed within five
years of the date of the second offense, shall be liable to a fine
of not less than $3,500 nor more than $5,000 or to imprisonment for
a period not to exceed 15 days, or both. Each week that any such violation
continues shall constitute a separate and distinct violation. The
owner or owners of any building or premises or part thereof where
a violation of any of the provisions of this chapter shall exist or
any lessee, tenant, builder, contractor, subcontractor, agent, person
or corporation employed in connection therewith and any person who
assisted in the commission of any such violation shall each be guilty
of a separate offense and, upon conviction thereof, shall be punishable
as herein provided.
[Amended 5-10-1994; 6-27-2000]
B.
The penalties heretofore prescribed shall not be imposed
upon a person who by operation of law acquires premises containing
violations for which a violation order has been issued for a period
of six months after the date of such acquisition of the premises.
Nevertheless, the penalties provided shall attach and apply either
upon the expiration date of such six-month period, or upon transfer
of title to the premises before the expiration of such period, whichever
first occurs.
