[Amended 9-25-1990 by L.L. No. 8-1990]
The Code Enforcement Officer is authorized to make surveys in
any area of the Village of Medina to determine the general condition
of structures used for human habitation, the extent of deterioration,
lack of facilities and maintenance, unsafe and unsanitary conditions,
the extent of overcrowding, land use and other relevant factors.
A.
The Code Enforcement Officer shall be authorized to make or cause
to be made inspections to determine the condition of dwellings, dwelling
units, lodging houses, lodging units and premises in order to safeguard
the health, safety, morals and welfare of the public. The Code Enforcement
Officer or his designated representatives shall be authorized to enter
any dwelling, dwelling unit, lodging house, lodging unit or premises
at any reasonable time during the business hours or at such other
time as may be necessary in an emergency for the purpose of performing
their duties under this chapter. Inspections herein authorized shall
be limited to the provisions of this chapter.
[Amended 9-25-1990 by L.L. No. 8-1990]
B.
This authorization may be grounded on any of the following reasons:
(1)
A proper determination of probable cause that conditions not conforming
to this Minimum Housing Code exist in a particular building.
(2)
An official determination that there shall be a blanket inspection
of all buildings subject to this chapter in a defined area.
(3)
An official determination that an inspection is to be made as part
of a routine spot check.
The owner, operator, agent or occupant of every dwelling, dwelling unit, lodging house, lodging unit or premises shall give personnel authorized in § 148-44 access to such dwelling, dwelling unit, lodging house, lodging unit and premises for the purpose of such inspection at any time during business hours or at such other times as may be necessary in an emergency.
[Amended 9-25-1990 by L.L. No. 8-1990]
The Code Enforcement Officer and his designated representatives
shall be supplied with official identification and shall exhibit such
identification when entering any dwelling, dwelling unit, lodging
house, lodging unit or premises.
[Amended 7-13-1976 by L.L. No. 7-1976; 9-25-1990 by L.L. No. 8-1990]
Whenever the Code Enforcement Officer determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter or any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time, not less than 10 days, for compliance and shall be served upon the owner, operator, agent and occupant. Such notice shall be deemed to be properly served upon such of the aforementioned persons if a copy is served upon such person personally or if a copy thereof is sent by certified or registered mail, return receipt requested, to the last known address of such person or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy thereof is mailed by certified or registered mail to the aforesaid person or persons or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Minimum Standards Appeals Board as provided in § 148-58 of this chapter. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
[Amended 9-25-1990 by L.L. No. 8-1990]
Any notice of violation provided for in § 148-47 shall automatically become a final order if a written request for a hearing is not filed in the office of the Code Enforcement Officer within 10 days after service of the notice. A copy of the final order shall be served as provided in § 148-47 of this chapter.
Whenever it is determined that the condition of a dwelling, dwelling unit, lodging house, lodging unit or premises is in violation of any applicable code, the correction or control of which condition is provided for by this chapter or the correction or control of which is provided for by a higher standard in any other law, code, ordinance or regulation, the correction or control of such condition or violation shall be governed by that law, code, ordinance or regulation which establishes the higher standard as provided in § 148-5.
[Amended 9-25-1990 by L.L. No. 8-1990]
Whenever the Code Enforcement Officer, at any stage of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger immediately. Such order may include an order to vacate as provided in § 148-64 if not remedied immediately.
[Amended 9-25-1990 by L.L. No. 8-1990]
Whenever any violation of this chapter which, in the opinion of the Code Enforcement Officer, causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or the public has not been corrected in the time specified by the order issued under § 148-50 of this chapter, the Code Enforcement Officer may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in § 148-71 of this chapter.
Any owner of a building receiving a notice of violation stating
that such building does not comply with the provisions of this chapter
may demolish such building, and such action shall be deemed compliance.
On demolishment, all utilities shall be properly disconnected by the
owner, operator, agent or occupant.
[Amended 9-25-1990 by L.L. No. 8-1990]
At the end of the period specified in the notice of violation or any extension thereof, it shall be the duty of the Code Enforcement Officer to make or cause to be made a reinspection of the dwelling, dwelling unit, lodging house, lodging unit or premises, and, if compliance has not been established, appropriate legal action shall be instituted as specified in § 148-75 of this chapter, provided that additional notices of violation are not required.
[Amended 9-25-1990 by L.L. No. 8-1990]
The Code Enforcement Officer may extend the compliance time
specified in any notice or order issued under the provisions of this
chapter where there is evidence of intent to comply within the period
specified, provided that reasonable conditions exist which prevent
immediate compliance.
[Amended 9-25-1990 by L.L. No. 8-1990]
Whenever a notice or order has been issued for any infraction
of this chapter, the Code Enforcement Officer may file a copy of such
notice or order in the office of the County Clerk. Such recording
shall constitute appropriate information of such notice or order to
any subsequent purchaser, transferee, grantee, mortgagee or lessee
of the property affected thereby.
[Amended 9-25-1990 by L.L. No. 8-1990]
No owner of any dwelling, dwelling unit, lodging house, lodging
unit or premises upon whom any notice or order pursuant to this chapter
has been served shall sell, transfer, grant, mortgage, lease or otherwise
dispose of such property to another until compliance with the provisions
of such notice or order has been secured or until such owner shall
furnish to the purchaser, transferee, grantee, mortgagee or lessee,
prior to such sale, transfer, grant, mortgage or lease, a true copy
of such notice or order and at the same time give adequate notification
to the Code Enforcement Officer of his intent to sell, transfer, grant,
mortgage or lease and supply the name and address of such person or
persons 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
this chapter shall be bound thereby and shall be required to comply
with all previous notices and orders issued pursuant to this chapter
and shall be subject to all the provisions and penalties contained
in this chapter.
[Amended 9-25-1990 by L.L. No. 8-1990[1]]
All records of the Code Enforcement Officer relative to violations shall be public. Upon request, the Code Enforcement Officer shall be required to make a search and issue a certificate of any of his records and shall have the power to charge and collect a fee as provided in Chapter 186, Records, Public Access to, of the Village Code for copies of records, which fee shall be deposited in the general funds of the Village of Medina.
[Amended 9-25-1990 by L.L. No. 8-1990]
Any person affected by any notice of violation or order issued
in connection with the enforcement of any provision of this chapter
or of any rule or regulation adopted pursuant thereto may request
and shall be granted a hearing before the Minimum Standards Appeals
Board, provided that such person shall file in the office of the Code
Enforcement Officer a written request for such hearing, setting forth
a brief statement of the grounds therefor, designating the person
and his address upon whom orders may be served and setting forth the
reasons why such notice of violation or order should be modified or
withdrawn. If this request is filed within 10 days after the service
of notice of violation or order, compliance with such notice shall
not be required while the hearing is pending, except in emergencies
or as otherwise provided.
Except in emergencies, upon receipt of a request for a hearing as provided in § 148-58, the Minimum Standards Appeals Board shall set a time and place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 60 days after the date on which the request was filed; however, hearings may be postponed beyond such 60 days for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice of violation or order should be modified or withdrawn.
B.
If the notice of violation or order is sustained or modified, such decision shall be deemed a final order and shall be served as provided in § 148-47 of this chapter on the person or persons whom the Minimum Standards Appeals Board shall find to be responsible for the violation.
C.
Where there are practical difficulties or unreasonable hardships
in the literal enforcement of the provisions of this chapter, the
Minimum Standards Appeals Board shall have the power to authorize
a variance from the provisions of this chapter, provided that the
intent of this chapter shall be observed with respect to the safeguarding
of the public health, safety, morals and welfare.
The Minimum Standards Appeals Board shall keep a summary of
testimony and a copy of every relevant notice or order, the request
for a hearing, entries of appearance, findings of fact, if any, and
the final determination, and such record shall be maintained as a
public record.
[Amended 9-25-1990 by L.L. No. 8-1990]
Any dwelling unit, dwelling, lodging house or lodging unit having
any of the defects found in Subsections A, B, C, D and E may be designated
by the Code Enforcement Officer as unfit for human habitation and
may be so placarded:
A.
The structure lacks illumination, ventilation, sanitation, heat or
other facilities adequate to protect the health and safety of the
occupants or the public.
B.
The structure is damaged, decayed, dilapidated, unsanitary, 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, because of the location, general conditions, state
of the premises or number of occupants, is so unsanitary, 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 notice or orders issued pursuant to this chapter,
is unfit for human habitation.
E.
The structure, in whole or in part, has been made unfit for human
habitation by catastrophe of fire, wind damage, lightning, impact
from falling objects of any nature, impact of vehicles or damage from
any cause whatsoever.
[Amended 9-25-1990 by L.L. No. 8-1990]
Whenever the Code Enforcement Officer determines that a dwelling, dwelling unit, lodging house or lodging unit is unfit for human habitation as provided in § 148-62, he shall include such finding within the notice of violation provided for in § 148-47 of this chapter, and he shall also include a statement of his intent to vacate and placard the dwelling, dwelling unit, lodging house or lodging unit if compliance with the provisions of the notice of violation has not been secured.
[Amended 9-25-1990 by L.L. No. 8-1990]
Whenever a notice of violation, as provided in § 148-63 of this chapter, has not been complied with or where § 148-58 of this chapter has not been invoked, the Code Enforcement Officer may order the dwelling, dwelling unit, lodging house or lodging unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and the occupant, as provided in § 148-47 of this chapter.
[Amended 9-25-1990 by L.L. No. 8-1990]
Any dwelling, dwelling unit, lodging house or lodging unit designated as unfit for human habitation pursuant to § 148-62 and ordered vacated as provided in § 148-64 shall be vacated within such reasonable time as the Code Enforcement Officer may specify in the order. No such dwelling, dwelling unit, lodging house or lodging unit shall again be used for human habitation and the placard removed until written approval is secured from the Code Enforcement Officer.
No person shall deface or remove the placard from any dwelling, dwelling unit, lodging house or lodging unit which has been designated as unfit for human habitation, except as provided in § 148-65.
[Amended 9-25-1990 by L.L. No. 8-1990]
The owner, agent or operator of any dwelling, dwelling unit,
lodging house or lodging unit which has been designated as unfit for
human habitation and vacated shall make such dwelling, dwelling unit,
lodging house or lodging unit safe and secure in whatever manner the
Code Enforcement Officer shall deem necessary. Any vacant building
open at the doors and windows, if unguarded, shall be deemed dangerous
to human life and a nuisance within the meaning of this provision.
[Amended 9-25-1990 by L.L. No. 8-1990]
When the Code Enforcement Officer designates a dwelling, dwelling unit, lodging house or lodging unit unfit for human habitation, as provided in this chapter, 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 § 148-47 of this chapter 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 as provided in § 148-47 of this chapter. The owner may demolish such structure as provided in § 148-52 of this chapter 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.
[Amended 9-25-1990 by L.L. No. 8-1990]
Whenever a notice of violation as provided in § 148-68 of this chapter has not been complied with, the Code Enforcement Officer may order the building demolished. Such order shall be served as provided in § 148-47 of this chapter, and demolition shall be completed within the time specified by the Code Enforcement Officer.
[Amended 9-25-1990 by L.L. No. 8-1990]
Whenever a notice or order to remove a violation or to secure, vacate or demolish a building has not been complied with and when such failure to comply is deemed by the Code Enforcement Officer to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or take such other action as is necessary to abate the nuisance. Whenever the Code Enforcement Officer determines that such nuisance exists, he shall record sufficient proof to support such determination, and the owner, occupant, lessee and mortgagee shall be notified of such finding pursuant to § 148-47 of this chapter. Abatement authorized by this section shall not commence until at least 10 days after service of such notice.
[Amended 9-25-1990 by L.L. No. 8-1990]
The expenses incurred pursuant to §§ 148-51 and 148-70 of this chapter shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other matter. The Code Enforcement Officer shall file among his records an affidavit stating with fairness and accuracy the items of expense and that each said item was necessary and the date of execution of actions authorized by § 148-51 or 148-70 of this chapter. The Code Enforcement Officer may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien. A notice of such lien shall be mailed to or served upon the owner, operator, agent and occupant claimed liable to pay the same, and a similar copy may be filed in the office of the Village Treasurer and may be noted on the Orleans County Records of Liens and Assessments against the property. 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 supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien herein authorized.
[Amended 9-25-1990 by L.L. No. 8-1990]
The Code Enforcement Officer is authorized to make such written
rules and regulations as may be necessary for the proper enforcement
of this chapter. Such rules and regulations shall be submitted to
and shall be approved by the Village Board. Such rules and regulations
shall not be in conflict with the provisions of this chapter or any
other ordinance of the Village of Medina, nor shall they have the
effect of waiving any provisions of this chapter or any other ordinance.
Such rules and regulations shall have the same force and effect as
the regulations of this chapter, and the penalty for violation thereof
shall be the same as the penalty for violation of the provisions of
this chapter as hereinafter provided. Said rules shall be on file
and available as a matter of public record in the Village Clerk's
office.
No officer, agent or employee of the Village of Medina shall
render himself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his duties under this chapter.
A.
Any person who shall knowingly and willfully violate or assist in
the violation this chapter shall, upon conviction, be punished by
a penalty of not less than $125 and not more than $250 for each offense.
Each day that such violation continues shall constitute a separate
offense.[1]
B.
The term "person," as used in this section, shall include the owner,
occupant, mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm or corporation
directly or indirectly in control of a building or part thereof.
[Amended 9-25-1990 by L.L. No. 8-1990]
The Village Attorney shall, upon complaint of the Code Enforcement
Officer or upon his own motion, institute appropriate action to restrain,
prevent, enjoin, abate, correct or remove such violation and to take
such other legal action as is necessary to carry out the terms and
provisions of this chapter. The remedies provided for herein shall
be cumulative and not exclusive and shall be in addition to any other
remedies provided by law; and all remedies may be pursued concurrently
or consecutively, and the pursuit, concurrently or consecutively,
of any remedy shall not be construed as an election or the waiver
of the right to pursue any and all of the others.
B.
The Board shall consist of five members appointed by the Board of
Trustees of the Village of Medina. The members shall serve without
pay. The members of the Board who are first appointed shall be designated
to serve for terms of one, two, three, four and five years, respectively,
from the date of their appointment. Thereafter, the term of office
shall be five years. A member shall continue to hold office until
his successor is appointed and has qualified. A majority of the members
shall constitute a quorum. Appointments of successors shall be for
the full term of five years, except that the appointment of a person
to fill a vacancy of an unexpired term of any member shall be filled
for such unexpired term only.
C.
The Minimum Standards Appeals Board shall choose its own Chairman
and, in his absence, an Acting Chairman. All meetings of the Board
shall be held at the call of the Chairman and at such other times
as the Board shall determine.
D.
Such Chairman or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses.
E.
Minutes; meetings.
(1)
All meetings of the Minimum Standards Appeals Board shall be open
to the public; provided, however, that the Chairman, upon the request
of the petitioner, may declare the meeting closed to the public during
the testimony and examination of the petitioner. Upon the completion
of the petitioner's testimony and examination, the Chairman shall
reopen the meeting.
(2)
After all parties and owners of affected property who have appeared
have been heard, the Board may conduct its deliberations in executive
session.
(3)
The Minimum Standards Appeals Board shall keep minutes of its proceedings,
showing the vote of each member on every question. If any member is
absent or fails to vote, the minutes shall indicate such fact. The
minutes of the Board shall also indicate the evidence submitted by
all parties and owners of affected property who have appeared as the
record on which the Board's decision are based.
F.
The concurring vote of three members of the Minimum Standards Appeals
Board shall be necessary to decide in favor of the applicant any matter
upon which said Board is required to pass under the provisions of
this chapter.
G.
No application or appeal, even for a variance or special exception,
shall be submitted directly to the Minimum Standards Appeals Board.
Every application or appeal shall be submitted first to the Code Enforcement
Officer or appropriate officer, department, board or bureau of the
Village.
[Amended 9-25-1990 by L.L. No. 8-1990]
