The Department is empowered to adopt, revise, amend and enforce rules and regulations necessary for securing compliance with this Part
3, and, for its own organization and internal management; such rules and regulations shall not be in conflict with this Part
3 or with any provision of law.
An official record shall be kept of all activities of the Department specified in the provisions of this Part
3, and all such records shall be available for public inspection at appropriate times and under reasonable regulations established by the Building Inspector to maintain the security and integrity of such records.
It shall be the duty of the Department to:
A. Suggest amendments to this Part
3 as are necessary to bring it up-to-date, when local needs dictate.
B. Cause inspections to be made of premises within the scope of this Part
3.
C. Cause an investigation of complaints of alleged violations of this Part
3.
D. Develop a system of records, inspection forms, form letters and controls
for properly carrying out departmental activities.
E. Issue written orders for the elimination of conditions in violation of this Part
3, and, where appropriate, order the cessation of an unlawful use or nuisance or the vacation, demolition or repair of premises found dangerous or unsafe, and to state in the violation order a reasonable time limit for compliance herewith and the time within which an appeal may be made.
F. Initiate techniques that will encourage and assist owners to voluntarily bring their property up to the standards of this Part
3.
G. Request the Municipal Attorney to take appropriate legal action upon
failure to comply with a violation notice or notices.
H. Require independent inspections and tests of equipment and systems
used in connection with premises.
I. Cooperate with other public and private agencies engaged in the study
and improvement of housing and environmental conditions.
J. Carry out any additional activities necessary to administer and achieve compliance with this Part
3.
Every owner of a multiple dwelling shall file with the Department
the following current information:
A. The name, address and telephone number of the owner.
B. The corporate name and names, titles, addresses and telephone numbers
of the responsible officers of the corporation if the building is
owned by a corporation.
C. The name, address and telephone number of a local responsible person
over 21 years old, residing or doing business in the municipality,
who shall be responsible for the care and management of such dwelling
and is authorized to accept legal process on behalf of the owner when
the owner lives or is out of the municipal limits.
D. The name, address and telephone number of the new owner within 48
hours after having sold or otherwise disposed of ownership in said
dwelling.
E. Any other changes applicable to owner registration.
[Amended 3-23-2010 by L.L. No. 4-2010]
Every owner of a multiple dwelling shall post, in a conspicuous
place in such dwelling, the name, address and telephone number of
a local responsible person over 21 years old residing in or doing
business in the municipality, who shall be responsible for the care
and management of such dwelling when the owner lives or is out of
the municipal limits. Except when it is necessary to replace this
information, no person shall remove, mutilate, destroy or obliterate
any such sign or the lettering thereon.
The Department is authorized to develop, adopt and carry out plans for the inspection and reinspection of all premises in order to safeguard the safety, health and welfare of the public, subject to the provisions of this Part
3.
The Building Inspector and the assistant building inspectors shall be authorized to enter any structure or premises at any reasonable time, upon display of proper identification, for the purpose of making inspections under this Part
3.
A. If admission is refused or cannot be obtained from the owner, occupant
or operator of a residential structure, the Building Inspector and
the assistant building inspectors shall be authorized to obtain a
search warrant to make an inspection, provided that reasonable or
probable cause is shown.
B. In case of an emergency, the Building Inspector and the assistant
building inspectors may, without a search warrant, enter any premises
or parts of premises to inspect at any time, without the permission
of the owner, occupant or operator.
Every occupant of a residential structure or premises shall give the owner or operator thereof or his agent or employee access to any part of such structure or its premises at reasonable times and in emergencies at any time for the purpose of making necessary inspections, repairs or alterations so as to comply with the provisions of this Part
3.
[Amended 3-23-2010 by L.L. No. 4-2010]
Whenever the Department finds that there has been a violation of any provisions of this Part
3 or of any rule or regulation adopted pursuant thereto, the following procedures shall be available:
A. Issue a violation notice to the person or persons responsible. The
Department shall also issue a violation notice to the person or persons
responsible for failure to register the ownership of the premises,
for furnishing of a false statement or for interference with the inspector
authorized to enter the premises, or when a structure or premises
is found to be dangerous or unsafe. Once a violation is issued, it
may be classified as either nonhazardous or hazardous and be given
specific time for correction based on the classification of the violation.
B. Issue an appearance ticket. The Building Inspector and each inspector are authorized to issue appearance tickets for any violation of this code. Every appearance ticket that is issued, pursuant to the provisions of this Part
3, shall include the following:
(1) The name and address of the party(s) to whom the ticket is issued,
when known.
(2) The appropriate section(s) allegedly violated.
(3) The place and date of the alleged violation(s).
(4) The place, date and time that the party(s) is (are) required to appear
in court.
(5) The date of issuance of the appearance ticket(s).
(6) The title and signature of the issuing officer(s).
A notice of violation shall be in writing and shall:
B. Specify the violation of this Part
3 and may specify remedial action to be taken.
C. Provide a time limit for compliance of no less than 15 days from
the date of the mailing of the notice in the case of nonhazardous
violations.
D. State the time within which an appeal may be made.
E. If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include a statement that if the violation is not remedied within the time limit specified in the notice, the Department may remedy the violation pursuant to §§
245-90 and
245-91.
Notices of violation shall be served as follows:
B. By registered or certified mail to the person whose name and address has been filed with the Department in accordance with this Part
3 and, if desired, to the occupant of a copy of such notice;
C. If the current name and address of the person upon whom an order
may be served is not on file or if such person refuses acceptance
of such service or of registered or certified mail, by posting a copy
to the premises, addressed to the owner, lessor or his respective
agent; or
[Amended 3-23-2010 by L.L. No. 4-2010]
If, upon reinspection, the alleged violation is determined by
the Building Inspector not to have been corrected, the Building Inspector
may:
A. Require a meeting with the property owner or violator to determine
why the notice was not honored; or
B. File an information or accusation of instrument with the Court Clerk
to seek a remedy in the courts.
Whenever a notice or order has been issued for any infraction of this Part
3, the Building Inspector shall keep on file a copy of such notice or order in the Department. This recording shall constitute notice of such violation, infraction or order to any subsequent purchaser, grantee, mortgagee or lessee of the property affected thereby.