[Added by L.L. No. 4-1953]
[Added by L.L. No. 4-1953; amended by L.L. No.
4-1985]
The Mayor shall appoint a Commissioner of Buildings to hold
office during his pleasure. The Commissioner of Buildings shall be
the head of the Department of Buildings. He shall appoint to hold
office during his pleasure, except as otherwise provided by law, a
First Deputy Commissioner of Buildings, a Second Deputy Commissioner
of Buildings, a Superintendent of Plumbing and such other subordinates
as may be prescribed by the Board of Estimate and Contract. In case
of the absence or disability of the Commissioner of Buildings, or
a vacancy in the office, the First Deputy shall discharge the duties
of the office until the Commissioner of Buildings returns, his disability
ceases or the vacancy is filled. In case of the absence or disability
of both the Commissioner of Buildings and the First Deputy Commissioner
of Buildings, or a vacancy in both offices, the Second Deputy shall
discharge the duties of the office until either the Commissioner or
the First Deputy returns, such disabilities or one of them ceases
or the vacancies or one of them is filled.
[Amended by L.L. No. 1-1955; L.L. No. 4-1962; L.L. No. 4-1964; L.L. No. 1-1972]
Except as otherwise provided by statute, and subject to the
provisions of law and ordinances of the City Council, the Department
of Buildings shall have jurisdiction, supervision and control as follows:
1.
Over the enforcement of the Zoning Ordinance, the Building Code and
other laws, ordinances, rules and regulations governing the construction,
alteration, maintenance, use, occupancy, safety, sanitary and mechanical
equipment and inspection of buildings or structures in the City, and
shall have charge of the removal of buildings or other structures
and of the location, construction, alteration and removal of signs,
illuminated, or nonilluminated, attached to the exterior of any buildings
or structure or erected on any premises, together with all surface
and subsurface construction within the sidewalk area, other than pertains
to the construction or use of the streets and highways for street
and highway purposes, the coverings thereof and entrances thereto,
and the issuance of permits in references thereto.
2.
In addition to the foregoing, the Commissioner of Buildings shall
have full power and authority to require the owner of any premises
within the City upon which there shall be a building that is unoccupied
and in an untenantable condition, or a wall, building or other structure,
or part thereof, which may be dilapidated and in an unsafe or dangerous
condition, to take down and remove the same, and to clear away any
and all debris caused thereby, and require the owner of any premises
within the City containing or consisting, in whole or in part, of
an abandoned excavation to fill in the same. For the purposes of this
section, a building which has not progressed beyond the first tier
of beams within six months from the date of issuance of permit therefor,
shall be considered a building in untenantable condition; and an excavation
which exists for a period of three months shall be considered an abandoned
excavation. When the owner of such premises shall fail or neglect
to raze or remove such building, wall, or other structure, or to clear
away said debris, or fill in said excavation, within five days after
written notice so to do has been served upon him personally or by
delivering and leaving the same at his residence, or if he be a nonresident
of the City, by mailing the same to him at his last known place of
residence, or if the name of the owner or his last place of residence
cannot be ascertained after due diligence, by posting the same in
a conspicuous place upon the premises, the Commissioner of Buildings
shall have such building, wall or other structure taken down and removed,
such debris cleared away and such abandoned excavation filled in,
and the expense of said razing, removal, clearing away and filling
in, when certified by said Commissioner to the City Council, shall
thereupon be chargeable and become a lien upon the said premises and
shall be paid by the City out of its general funds and levied, corrected,
enforced and collected in the same manner, by the same proceedings
and under the same penalties as an assessment for a public improvement.
In the event that the owner of such premises is a corporation, personal
service of said notice upon an officer, director or managing agent
thereof shall be sufficient and equivalent to personal service upon
an individual owner, and an office or place of business of such corporation
shall be and constitute the "residence" of the owner hereinabove mentioned.
In all cases where the Commissioner of Buildings certifies expenses
to the City Council pursuant to the foregoing provision of this section,
he shall simultaneously transmit to the Comptroller a duplicate original
of such certification and the Comptroller shall upon receipt thereof
forthwith docket the amount of such expense in the tax rolls against
the real property affected with a notation "Assessment pending pursuant
to § 113-a of the City Charter."
3.
In addition to the foregoing, the Commissioner of Buildings shall
have full power and authority to require the owner of any premises
within the City who is or has been required by the Zoning Board of
Appeals or otherwise by law to erect and maintain fences, hedges,
plantings, shrubbery, lawns or other screening or landscaping facilities
on said premises, to erect, replace, repair or maintain said fences,
hedges, plantings, shrubbery, lawns or other screening or landscaping
facilities.
4.
When the owner of such premises shall fail or neglect to erect, replace,
repair, or maintain said screening or landscaping facilities within
30 days after written notice so to do has been served upon him, either
personally by delivering and leaving the same with him, or by mailing
the same by registered or certified mail to him at the address shown
on the last preceding assessment roll, or if the name of the owner
or his last place of residence cannot be ascertained after due diligence,
by posting the same in a conspicuous place upon the premises, the
Commissioner of Buildings shall have such screening or landscaping
facilities erected, replaced or repaired and the expense of said work,
when certified by said Commissioner to the City Council, shall thereupon
be chargeable and become a lien upon such premises and such amount
shall thereupon be paid by the City out of its general funds and shall
be levied, corrected, enforced and collected in the same manner, by
the same proceedings and under the same penalties as an assessment
for a public improvement. In all cases where the Commissioner of Buildings
certifies expenses to the City Council pursuant to the foregoing provision
of this section, he shall simultaneously transmit to the Comptroller
a duplicate original of such certification and the Comptroller shall
upon receipt thereof forthwith docket the amount of such expense in
the tax rolls against the real property affected with a notation "Assessment
pending pursuant to § 113-a of the City Charter."
5.
In the event that the owner of said premises is a corporation, service
of said notice upon an officer, director or managing agent thereof
shall be sufficient and equivalent to personal service upon an individual
owner, and an office or place of business of such corporation shall
be and constitute the residence of the owner hereinabove mentioned.
6.
Whenever the estimated expense of work to be performed at the expense of an owner exceeds $1,000, the Commissioner of Buildings shall not permit said work to be done until authorized by the City Council and the Board of Estimate and Contract. Bids for the performance of said work shall be advertised and contracts for same awarded in accordance with the provisions of Article VII of this chapter.
7.
The Commissioner of Buildings, in respect to all matters, the jurisdiction,
charge and control whereof is vested in him by the provisions of this
section, shall have all the functions, powers and duties in respect
thereto now vested in or imposed upon any department, bureau or officer
of the City and such functions, powers and duties are hereby transferred
to the Commissioner of Buildings as head of the Department of Buildings
and shall be exercised and performed by him.
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This assignment or transfer, however, shall not operate to divest
the Board of Estimate and Contract of any power or duty in respect
to such matters now vested therein by law, except as expressly provided
by this section.
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[Added by L.L. No. 1-1962; amended by L.L. No.
1-1972]
In addition to the foregoing the Commissioner of Buildings shall
also have full power and authority to erect, replace, repair or maintain
fences, trees, plantings, shrubbery and other screening on premises
located within the City of Mount Vernon, where such screening facilities
are required by direction or order of the Zoning Board of Appeals
or by any zoning ordinance and there is a failure to comply with such
direction, order or ordinance, and if after given 30 days' notice
by registered mail addressed to the owner of record of such premises
at the address shown on the last preceding assessment roll, such fences,
trees, plantings, shrubbery or other screening, are not so erected,
replaced, repaired or maintained, by or on behalf of such owner, and,
the expense of such erection, replacement, repair or maintenance of
fences, trees, plantings, shrubbery and other screening, when certified
by the Commissioner of Buildings to the City Council, shall be paid
by the City and such amount shall thereupon be and become a lien upon
said premises and shall be levied, corrected, enforced and collected
in the same manner and by the same proceedings, and under the same
penalties as an assessment for a public improvement. If the name and
place of residence of the owner does not appear on said assessment
roll or cannot be ascertained after due diligence, the said notice
shall be given by posting the same in a conspicuous place upon the
premises.
