[Ord. No. 74, 5-7-2008]
Whenever the Commissioner at any stage of the proceedings instituted
under the provisions of this article, finds that a violation of this
article exists which, in his opinion, requires immediate action to
abate a direct hazard, or immediate danger to the health, safety 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. The order may include an order to vacate. Notwithstanding
any other provision of this article, such an order shall be effective
immediately upon service and shall be compiled with immediately or
as otherwise provided.
[Ord. No. 74, 5-7-2008]
Whenever the head of the code enforcement agency or designee determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter, the head of the code enforcement agency is authorized to give notice of violation or alleged violation to the person responsible for the violation. A notice of violation is discretionary and is not a precondition to nor a prerequisite prior to criminal prosecution in conjunction with Sections 2-6-7 and 2-6-36.
(1)
The notice:
a.
Shall be in writing, be dated and signed by the issuing officer;
b.
Shall include a description of the premises;
c.
Shall specify the alleged violation(s) of the Uniform Code, Energy
Code or local law;
d.
Shall provide a reasonable time for compliance;
e.
Shall inform the person to whom it is directed of the person's right to apply for a hearing before the head of the code enforcement agency as provided in Section 2-6-46; and
f.
Shall state that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The notice shall be served upon the owner, agent, operator or occupant,
as the case may require. The notice shall be deemed to be properly
served upon the owner, agent, operator or occupant, and service completed,
when:
a.
A copy is served upon the owner, agent, operator or occupant personally;
b.
A copy of the notice is sent by first class mail to the last known
address of the owner, agent, operator or occupant. For purposes of
this section, the last known address of the owner shall be deemed
to be the information maintained within the records of the City of
Utica Assessor's Office at the time of inspection of the subject property,
unless otherwise provided by the owner;
[Amended 7-16-2014 by Ord. No. 158]
c.
When a copy is posted by first class mail to the owner, agent, operator
or occupant at an address provided and designated as a registered
address with the Codes Enforcement Department by the owner, agent,
operator, or occupant on a form provided by the Codes Department and
subscribed to by the owner, agent, operator or occupant;
d.
A copy is posted in a conspicuous place in or about the building
affected by the notice, and if a copy is mailed by first class mail
on the same day it is posted to the last known address of the owner,
agent, operator or occupant; or
[Amended 7-16-2014 by Ord. No. 158]
e.
By such other method authorized by state law.
(3)
In the event of fire damage, the notice shall also contain a provision requiring the person to whom it is directed to provide to the head of the code enforcement agency the name(s) and mailing address(es) of any insurance company and its local insurance agent, holding a policy of fire insurance on the property, the policy number and amount. Failure to comply shall constitute a violation subject to the penalties provided in Section 2-6-36.
[Ord. No. 74, 5-7-2008]
The Commissioner of Codes Enforcement shall use cardboard posters,
approximately nine inches by 12 inches in size for posting notices
of violations on dwellings which are in violation of the Multiple
Residence Law.
[Ord. No. 74, 5-7-2008]
The head of the code enforcement agency 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.
[Ord. No. 74, 5-7-2008]
At the end of the period specified in the notice of violation of this chapter or any extension of the period, it shall be the duty of the head of the code enforcement agency to make or cause to be made a reinspection of the building, structure or premises and, if compliance has not been established, appropriate legal action shall be instituted, as specified in Section 2-6-36, provided that additional notices of violation are not required.
[Ord. No. 74, 5-7-2008]
Any notice of violation provided for in Section 2-6-30 shall automatically become a final order if written request for a hearing is not filed in the office of the head of the code enforcement agency within 10 days after service of the notice as required in Section 2-6-30(b), unless such time has been extended in writing by the Commissioner or unless the necessary remedial action has been effected. A copy of the final order shall be served in the same manner as provided for service of the notice of violation. The order shall give the violator such time as may be specified by the Commissioner from date of service of said order in which to comply or appeal. Upon failure of violator to comply or appeal within such specified period the Commissioner shall act to obtain compliance as provided by this article.
[Ord. No. 74, 5-7-2008]
The Commissioner may extend the compliance time specified in
any notice or order, issued under the provisions of this article where
there is evidence of intent to comply within the period specified,
provided that reasonable conditions exist which prevent immediate
compliance.
[Ord. No. 74, 5-7-2008; amended 5-15-2013 by Ord. No.
127]
The Commissioner, Fire Marshal and each duly-certified inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code, Energy Code or local law. A notice of violation or order
is discretionary and is not a precondition to nor a prerequisite prior
to criminal prosecution of any provision of this chapter, any rule
or regulation adopted pursuant to this chapter, or any other provision
of the Utica City Code, other local, state or federal law, rule, regulation,
ordinance or directive.
[Ord. No. 74, 5-7-2008]
(a)
Definition. In this section, "person" shall include the owner, occupant,
mortgagee or vendee in possession, assignee of rents, receiver, executor,
trustee, lessee, agent or any other person directly or indirectly
in control of a building or part of a building.
(b)
Penalties. Offenses under this chapter shall be designated violations.
Each day the alleged condition shall exist shall be considered a separate
violation. Any person who shall knowingly and willfully violate or
assist in the violation of this chapter shall, upon conviction, be
punished as follows:
(1)
A person convicted of violation of this part shall be punished
by a fine not exceeding $500, imprisonment for a term not exceeding
15 days or any combination thereof. A justice of the court, and in
the interest of justice, may impose a lesser penalty or no penalty,
for good cause shown or extenuating circumstances. The justice shall
place the reason for deviating from the mandatory penalty on the record
at the time of sentencing.
(2)
In any case, the court may offer community service as an alternative
or in addition to such fine or imprisonment.
(3)
Injunctive relief. An action or proceeding may be instituted
in the name of the City in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, the provisions
of this chapter, or any term or condition of any building permit,
certificate of occupancy/certificate of compliance, temporary certificate,
stop-work order, operating permit, compliance order, or other notice
or order issued by the Commissioner pursuant to any provision of this
chapter. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter, or any stop-work
order, notice of violation or other order obtained under state or
local law, an action or proceeding may be commenced in the name of
the City, in the supreme court or in any other court having the requisite
jurisdiction, to obtain an order directing the removal of the building
or structure or an abatement of the condition in violation of such
provisions. No action or proceeding described in this subdivision
shall be commenced without the appropriate authorization from the
Common Council of this City.
(4)
In addition any person convicted of a violation of this chapter
shall pay all expenses, including administrative costs to the City,
incurred in a removal or abatement of the illegal condition.
[Ord. No. 74, 5-7-2008]
No owner of any building, structure or other premises upon which
any notice or order pursuant to this article has been served, shall
sell, transfer, grant, mortgage, lease or otherwise dispose of such
property to another until compliance of the provisions of the 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
Commissioner of his intent to sell, transfer, grant, mortgage or lease,
and supply to the Commissioner in writing, the name and address of
the person to whom the sale, transfer, grant, mortgage or lease a
true copy of the notice or order and, at the same time, give adequate
notification to the Commissioner of intent to sell, transfer, grant,
mortgage or lease, and supply to the Commissioner in writing, the
name and address of the person 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 article, shall be bound thereby.
