A.
A person who violates any requirement of this Part 3 or any order of the Department shall be subject to a cumulative civil penalty, in the court's discretion, of not less than $250 nor more than $1,500 per day for each separate violation from the date set for correction in the notice of violation until the violation is corrected. Such penalty shall increase to not less than $500 nor more than $2,500 per day for a second or subsequent violation. This penalty shall be paid forthwith by the violator. If such payment is not immediately made, it may be collected by the Department by action against the owner or his agent. A civil suit to collect said penalty may be commenced in any court of competent jurisdiction. In addition to the fine, the court may impose a one-year conditional discharge requiring the defendant to permit access to the Department to reinspect the premises from time to time during the period of the conditional discharge.
B.
The Department may bring a civil suit in any court having jurisdiction
of the amount claimed for the recovery of civil penalties, together
with costs and disbursements. If the court finds, upon a showing by
the defendant, that sufficient mitigating circumstances exist, it
may remit all or part of the accumulated civil penalties arising from
the violation with respect to which such a showing was made.
C.
When the Department obtains a judgment in an action under this Part 3 either against an owner or his agent, in addition to the appropriate methods of enforcement for judgments established in the Civil Practice Law and Rules, such judgment for penalties shall constitute a lien and shall be filed within one year from the entry of judgment and may be enforced against the premises and upon the rents and compensation due or then maturing for any rents or compensation without further proceedings.
A.
Any person who willfully or recklessly violates any provision of this Part 3 or fails to comply with any requirement of an order of the Department, or of the Board of Appeals, or makes or causes any other person to make any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this Part 3, or any other action by the Department pursuant to this Part 3, shall be guilty of a misdemeanor punishable by a fine not exceeding $3,000 for each violation, or by imprisonment of up to one year, or by both such fine and imprisonment. Every day the violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate violation.
[Amended 3-23-2010 by L.L. No. 4-2010]
B.
To support a finding of willful violation, evidence that the defendant
had knowledge or notice of the violation and failed to correct the
same for more than 120 days shall be sufficient. This shall not, however,
limit the introduction of other evidence or the finding of willful
violation on other grounds.
In addition to, or in lieu of, the civil and criminal penalties provided herein, any person may be prevented from violating the provisions of this Part 3 by the Department's seeking injunctive relief in the manner provided by law.
A.
If all or part of any structure or the equipment for operation, including,
among others, the heating plant, plumbing, electric, wiring, stairways,
elevators and fire protection equipment, shall be found by the Building
Inspector to have significant defects hereinafter described, it shall
be deemed a dangerous structure.
[Amended 3-23-2010 by L.L. No. 4-2010]
B.
A dangerous structure shall include:
(1)
One which is so damaged, decayed, dilapidated, unsanitary, difficult
to heat, structurally unsafe or vermin-infested that it creates a
hazard to the safety or welfare of the occupants or to the public
or which contain lead-based paint that is dangerous or likely to become
dangerous to the health of small children;
(2)
One which lacks illumination, ventilation or sanitary facilities
adequate to protect the safety or welfare of the occupants or to the
public;
(3)
One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the safety or welfare to the occupants or
to the public;
(4)
One which is so overcrowded with occupants that it constitutes a
public nuisance or is a health hazard to its occupants;
(5)
One which is in a state of dilapidation, deterioration or decay;
faulty construction such that the removal, movement or instability
of any portion of the ground necessary for the purpose of supporting
such building or the deterioration, decay or inadequacy of its foundation
or other similar cause is likely to partially or completely collapse
the structure;
(6)
One in which the exterior and interior walls or other vertical members
lean, buckle or twist to such an extent as to endanger life, limb
and property;
(7)
One which is being used in such a manner and condition to constitute
a public nuisance;
(8)
One which is vacant, open to trespass, unoccupied and an attractive
nuisance to anyone on or near the premises, thereby endangering life,
health and property; or
(9)
One which has been damaged by fire, wind or other causes so as to
no longer provide shelter from the elements and has become or threatens
to become dangerous to life, safety or the general health and welfare
of anyone on or near the premises.
[Amended 3-23-2010 by L.L. No. 4-2010]
A.
Notice. Whenever the Building Inspector determines that a structure
or dwelling unit is dangerous and unfit for human habitation, the
Building Inspector shall give notice of condemnation to the owner
and of his intent to placard and vacate the structure or dwelling
unit, if compliance with the provisions of the notice of condemnation
is not secured. Any person affected by any such notice may request
and shall be granted a hearing on the matter before the Board of Appeals.
B.
Placarding. The Building Inspector or the assistant building inspectors
shall post in a conspicuous place on the affected dwelling unit or
structure a placard bearing the words "THIS BUILDING IS UNSAFE AND
ITS OCCUPANCY AND USE HAS BEEN PROHIBITED."
C.
Vacating. Any dwelling unit or structure which has been condemned
shall be vacated within a reasonable time as required by the Building
Inspector and shall not be used for human habitation again until written
approval is secured from the Building Inspector. The owner or operator
of such unit or structure shall make such unit or structure safe and
secure in whatever manner the Building Inspector shall deem necessary.
Any vacant building, open at doors and windows, if unguarded, shall
be deemed dangerous to human life and a nuisance.
D.
Order to disconnect utilities. Whenever any dwelling unit or structure
has been placarded and vacated, the Department shall order services
and utilities to be turned off or disconnected and all utility meters
to be removed.
E.
Order to make repairs or demolish. Whenever the Building Inspector designates a building unfit for human habitation, unsafe to the community in its vacant state and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, the Building Inspector shall order the demolition of the structure. A copy of such notice shall be served on the owner and copies shall be sent to other agencies, including the Police and Fire Departments. The owner may demolish such structure, convert the structure into another use, rehabilitate the structure or correct the violation regardless of cost, provided that the requirements of this Part 3 and of the Building Code in effect at the time of attempted compliance are satisfied.
F.
Department to make repairs or demolish. Whenever a notice or order to remove a violation, secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the Building Inspector to constitute a danger to the tenants and the community, the Building Inspector may proceed to have the building demolished, repaired, rehabilitated, converted, altered, secured, vacated or take such action as is necessary to abate the nuisance. Abatement authorized by the provision shall not commence until at least 10 days after service of such notice. Such procedures and recovery of expenses shall be served as provided in § 245-92, Emergency repair program, and work shall be completed within the time specified by the Building Inspector.
A.
Power to act in emergencies. Whenever the Building Inspector finds that a violation of this Part 3 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, the Building Inspector 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. Notwithstanding any other provision of this Part 3, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
[Amended 3-23-2010 by L.L. No. 4-2010]
B.
Emergencies
include, but are not limited to:
(1)
Failure to supply utilities, such as heat, water, light and gas;
(2)
Inability to drain the waste system;
(3)
Large amounts of falling plaster condition;
(4)
Extreme overgrowth of noxious weeds;
(5)
Infestation of rats and other disease-bearing rodents and insects;
(6)
Stormwater flooding or similar conditions which endanger the operability
of the affected premises; or
C.
Abatement of hazards in emergencies. Whenever any violation of this Part 3 which requires immediate action has not been corrected by such person in the time specified by the order issued, the Building Inspector may take such direct action as is necessary to abate the hazard or danger, including but not limited to the repair of the condition, the provision of services, the provision of materials necessary to abate the condition or the demolition of the property.
D.
Recovery of expenses. The expenses incurred by the Department in abating hazardous or dangerous conditions, as provided above, shall be paid to the Department by such person. The Building Inspector shall file among his records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized under this Part 3. Upon failure of said person to pay the cost of such repairs or improvements or demolition, the Building Inspector may institute a suit in the name of the municipality to recover such expenses against any persons liable for such expenses or may cause such expenses to be charged and assessed against the property as a lien when the owner is the willful violator. If such expenses are not paid within 10 days after demand, the amount thereof shall be added to and become part of the taxes next to be assessed and levied upon said premises and shall be collected and enforced in the same manner as taxes.
Certain structures impose a serious and immediate risk to public
health, safety and welfare. Such structures are of such age and condition
or have such a history of violations of minimum housing standards
that they may contain harmful or potentially harmful conditions which
threaten the health, safety and welfare of the occupants or the public.
It is therefore in the public interest to authorize the use of special
code enforcement remedies in these cases.
A.
In such cases as described in § 245-93 above, the following remedial measures may be authorized: The Department is authorized to require information regarding, but not limited to, tenant turnover, vacancies, maintenance costs and mortgage indebtedness, status of tax indebtedness and any other information required by the authorities to assist in the early identification of problem conditions and buildings.
B.
In addition, the Department may require that a building registration
permit be obtained as a condition to the continued occupancy of a
multiple dwelling. Such permit shall be subject to revocation or modification.
The Department may charge a fee for the registration of a multiple
dwelling and the issuance of a building registration permit. The fee
must bear a reasonable relationship to the cost to the Department
of administering these requirements.
C.
Certificates of occupancy for individual units. Upon termination of the occupancy of a dwelling unit in such a district, an inspection shall be made to determine whether the unit contains violations of this Part 3 which are, or are likely to become, dangerous to health, life or safety. If such conditions exist, the owner shall be prohibited from renting such unit until he obtains a certificate from the Department which certifies that the violating conditions have been removed and that the unit no longer contains conditions that are dangerous or likely to become dangerous to life, health or safety. To enforce this requirement, an owner must notify the Department whenever a unit is vacated.
D.
Evictions of occupants for violations of this Part 3.
(1)
Owners are prohibited from evicting occupants when such evictions are substantially motivated by an owner's desire to retaliate against an occupant's good-faith complaint to the Department regarding violations of this Part 3.
[Amended 3-23-2010 by L.L. No. 4-2010]
(2)
Whenever an owner wishes to evict a tenant, for whatever reason,
the owner shall first obtain a certificate of eviction from the Department.
The certificate may be requested by the owner, in writing, by telephone
or in person, directly from the Building Inspector, who shall keep
a separate record of all such requests. If a certificate is not issued
or denied within two full working days following the day of the request,
the owner may proceed with his eviction proceeding, unless his action
or failure to cooperate has delayed action regarding the certificate.
(3)
Upon receiving a request for a certificate of eviction, the Building Inspector shall immediately cause an inspection of the subject premises. If the inspection reveals serious violations of this Part 3 which have not been caused or substantially contributed to by the occupant, the certificate shall be denied. If the inspection reveals that serious violations of this Part 3 exist which have been caused or substantially contributed to by the tenant, the inspection report shall be filed by the Department in court as part of the record in the owner's proceeding to evict the tenant. The court shall make a final decision. Occupants who believe that evictions, rent increases or reduction in service are substantially motivated by an owner's desire to retaliate against their good-faith report of violations of this Part 3 to the Department shall be afforded a hearing on the matter before the Building Inspector or the Board of Appeals at their option.
E.
Deposits by owners for emergency repairs.
(1)
Whenever the Department is required to perform the emergency measures pursuant to § 245-92 of this Part 3, it may pay for those measures through an Emergency Repair Fund. Owners of multiple dwellings within such districts shall be required to deposit $500 per dwelling unit with an interest-bearing escrow account maintained by the Department in such an Emergency Repair Fund for the purpose of making emergency repairs. The deposit shall be required upon the owner's filing of his first registration statement. Upon the transfer of ownership of the subject premises, the deposit shall be transferred by the Department to the new owner's account upon the filing of a registration statement by that owner. Interest accrued on the deposited funds shall accumulate in the account and be available for the purpose of this subsection.
[Amended 3-23-2010 by L.L. No. 4-2010]
(2)
The owner of the premises in regard to which such measures were taken
shall be required to reimburse the account for the cost of the measures,
including interest lost from the date of withdrawal. A per-diem fine
may be levied against owners who fail to reimburse the account or
who fail to post a bond guaranteeing reimbursement.
F.
Rent escrow accounts. Whenever an owner of a multiple dwelling repeatedly fails to comply with orders to correct violations of this Part 3 regarding building conditions which are likely to become dangerous to the life, health or safety of the occupant or the public, the Department may authorize the occupants to deposit their rent in a separate escrow account administered by the Department. Withdrawals from the account shall be made by the Department to cover the costs of abating the conditions. All remaining rents shall be returned promptly to the owner.
G.
Occupant nuisance. Part of the responsibility for the care and upkeep of a dwelling unit shall rest with the occupant. Occupants shall be liable if serious violations are caused by their own willful act or negligence, such as improper refuse disposal, improper and destructive acts, physical destruction or inadequately maintained living space. The Department shall act to discourage or penalize occupants who cause or substantially contribute to violations of this Part 3. A system of orders, hearings and citations shall be developed with sanctions that include orders to abate fines and violation reports which can be filed in court in support of an owner's petition to evict the occupant. Before using these sanctions, the Department shall make a good-faith attempt to provide or obtain supportive services and counseling for the occupants that are designed to prevent the occupants from causing or contributing to violations of this Part 3.
