Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the City or its officers or agencies relating
to the removal or demolition of any building or structure which is
deemed to be dangerous, unsafe or unsanitary.
[Amended 12-20-2016 by L.L. No. 9-2016]
Where the violations or conditions existing on the premises are of such a nature as to constitute a nuisance or immediate threat to life and limb unless abated without delay, the enforcement officer shall condemn the building and may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the enforcement officer shall abate the condition subject to the provisions of §
220-12 of this chapter.
Where abatement of any nuisance, as defined herein, correction
of a defect in the premises or work necessary to place the premises
in a proper condition so as to conform to ordinances of the City or
applicable laws of the State of New York requires expending City moneys,
the City Engineer shall present a report of work proposed to be done
to accomplish the foregoing to the Mayor and City Council with an
estimate of the cost, along with a summary of the proceedings undertaken
by the enforcement officer to secure compliance, including notices
served upon the occupants, owners, operators or their agents, as the
case may be. The Mayor and City Council may thereupon, by resolution,
authorize the abatement of the nuisance, correction of the defect
or work necessary to place the premises in proper condition and in
compliance with this chapter. The City Engineer shall thereafter proceed
to have the work performed in accordance with the resolution at City
expense, not to exceed the amount specified in the resolution, and
shall, upon completion thereof, submit a report of the moneys expended
and costs to the Mayor and City Council. After review of the report,
the Mayor and City Council may approve the expenses and costs, whereupon
the same shall become a lien against the premises, collectible as
provided by law. A copy of the resolution approving the expenses and
costs shall be certified by the City Clerk and filed with the City
Finance Office, which shall be responsible for the collection, and
a copy of the report and resolution shall be sent by certified mail,
return receipt requested, to the owner of the affected premises.
Upon issuance of a notice of violation pursuant to this chapter,
the property owner, operator/or occupant shall correct the condition
and notify the enforcement officer that said condition has been corrected.
A compliance inspection shall then be made. Should full compliance
not be achieved at the time of said inspection, the City shall be
reimbursed by the property owner for the cost of all reinspections.
Failure to reimburse the City shall result in a lien for said cost
being placed against the property in the same manner as real estate
taxes.
There shall be no fee for an initial compliance inspection made
following the issuance of a notice of violation required pursuant
to this chapter. Fees for subsequent inspections to determine compliance
shall be $75 for the first inspection and shall increase in increments
of $75 for subsequent inspections.
Should any section, paragraph, sentence, clause or phrase of
this chapter be declared unconstitutional or invalid for any reason,
the remaining portions thereof shall not be affected thereby and shall
remain in full force and effect, and to this end, the provisions of
this chapter are hereby declared to be severable.
Within 24 months of any offense.
D. For each offense thereafter: not less than $500.
E. An administrative fee of $25 shall be assessed when grass removal services are performed on behalf of a property owner who is in violation of §
220-8 or for the removal of objectionable waste in accordance with §
220-4. If such cost, with interest and administrative fee, is not paid by December 31 of the year in which it is incurred, such cost and interest shall be added to the real property City tax rolls chargeable to said property and shall be collected in the same manner as any unpaid real property City tax.