Owners shall be responsible for compliance with this chapter
regardless of any agreement between or among lessors, operators, occupants
or persons as to which party shall be responsible.
No officer, agent or employee of the City 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. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the City Attorney, until the final determination of the proceedings
therein.
Injunctive relief. An action or proceeding may be instituted
in the name of this 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, Energy Code, this chapter,
or any other local law or regulation, or any term or condition of
any permit, certificate, stop-work order, compliance order, or other
notice or order issued by the city's code enforcement personnel
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,
Energy Code, this chapter, or any other local law or regulation, or
any stop-work order, compliance order or other order obtained under
the Uniform Code, Energy Code, this chapter, or any other local law
or regulation, an action or proceeding may be commenced in the name
of this 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
City Manager of this City.
Remedies not exclusive. No remedy or penalty specified in this
section shall be the exclusive remedy or remedy available to address
any violation described in this section, and each remedy or penalty
specified in this section shall be in addition to, and not in substitution
for or limitation of, the other remedies or penalties specified in
this section, any section of this chapter, or in any other applicable
law. Any remedy or penalty specified in this chapter may be pursued
at any time, whether prior to, simultaneously with, or after the pursuit
of any other remedy or penalty specified in this section, in any section
of this chapter, or in any other applicable law. In particular, but
not by way of limitation, each remedy and penalty specified in this
section shall be in addition to, and not in substitution for or limitation
of, the penalties specified in Subdivision 2 of § 382 of
the Executive Law, and any remedy or penalty specified in this chapter
may be pursued at any time, whether prior to, simultaneously with,
or after the pursuit of any penalty specified in Subdivision 2 of
§ 382 of the Executive Law.
The City Council of this City may, by resolution, authorize
the Enforcement Officer to enter into an agreement, in the name of
this City, with other governments to carry out the terms of this chapter,
provided that such agreement does not violate any provision of the
Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR,
or any other applicable law.