[Adopted 10-14-2003 by L.L. No. 5-2003]
For the purposes of this article, the terms used herein are
defined as follows:
The Executive Director of the Office of Municipal Code Violation,
and shall include the designee of the Director, unless otherwise provided.
The Office of Municipal Code Violations of the City of Yonkers.
[Amended 10-22-2013 by L.L. No. 7-2013; 10-28-2014 by L.L. No.
16-2014]
A.
Whenever an offense or violation of any provision of Chapter 91 through Chapter 96 and Chapters 100 and 103 of the Yonkers City Code is committed, one or more of the following enforcement actions may be commenced by the Director:
(1)
An appearance ticket may be issued.
(2)
An administrative code enforcement proceeding may be commenced, as provided for in Article VI-A of the Charter and Chapter 19 of the Code and in which civil penalties may be assessed.
[Amended 12-8-2015 by L.L. No. 24-2015]
(3)
A criminal action may be commenced by the Corporation Counsel in
a court of competent jurisdiction seeking fines, imprisonment, or
both.
(4)
A civil action may be commenced by the Corporation Counsel in a court
of competent jurisdiction seeking civil penalties, an injunction to
compel compliance or restrain violations, or both, and in association
therewith imposition of any other relief allowed by law, including
but not limited to attorneys fees and costs.
B.
Use or commencement of any enforcement action or remedy authorized in Subsection A of this section shall not preclude the use of any other enforcement action or remedy at any time. Nothing in this section shall require commencement of any administrative code enforcement proceeding prior to issuance of an appearance ticket or commencement of a civil or criminal action in a court of competent jurisdiction.
C.
D.
Notwithstanding the provisions of this section and the remainder of this chapter, the Fire Department, the Department of Housing and Buildings and the Bureau of Plumbing may enforce violations of Chapter 91 through 96 and Chapters 100 and 103 relating to fire safety, building safety and plumbing safety, respectively. The procedures set forth in Chapter 55, Fire and Building Code, shall govern enforcement by the Fire Department, Department of Housing and Buildings and Plumbing Bureau.
A.
Administrative enforcement shall be commenced by issuance of a notice of violation; a notice of license, permit, approval or certificate revocation; any other notice or order authorized In Chapter 91 through Chapter 96 and Chapters 100 and 103 of the Yonkers City Code; or any combination of the foregoing.
B.
Such notice or order:
(1)
Shall be in writing.
(2)
Shall state the date of issuance.
(4)
Shall direct when all required action or cessation of activities
is to occur.
(5)
May set a date, time and place for a hearing regarding the matters
contained in the notice or order.
(6)
Shall, if a hearing date is set in the notice or order, state that
the failure to attend a hearing shall automatically constitute:
(7)
Shall notify the recipient that civil penalties may be imposed by
the City of Yonkers.
(8)
Shall notify the recipient that the failure to comply with a lawful
notice or order is enforceable by other remedies, including:
(9)
May include a summary or narrative of appropriate corrective or remedial
action to be taken.
(10)
May include such other information as is deemed appropriate
by the City of Yonkers or the Corporation Counsel.
A.
BY ANY OTHER AUTHORIZED METHOD
DELIVERY TO THE PERSON TO BE SERVED
MAILED FIRST CLASS
MAILED REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED
POSTED
TELEPHONIC OR ORAL SERVICE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
For purposes of this section, the following terms shall be defined
as follows:
Service by any means authorized under the Civil Practice
Law and Rules of the State of New York.
Delivery to the person to whom the notice or order is directed
or to any agent authorized in fact or by law to accept service of
process on behalf of such person.
Mailed to the last known address of the person to be served
by United States Postal Service first class mail; and for each envelope
mailed, the United States Postal Service shall issue a certificate
of mailing or officially stamp a book or form issued by the United
States Postal Service and maintained by the Office to record the date
of mailing.
Mailed to the last known address of the person to be served
by United States Postal Service registered or certified mail, return
receipt requested.
Affixed to the front door or other conspicuous location on
the property or premises affected by the notice or order or at the
last known business address or residence of the person against whom
enforcement is sought.
Informing the person to be served, or any agent authorized
in fact or by law to accept service of process on behalf of such person,
by telephone or orally, of the following information:
That a notice or order or appearance ticket has been issued.
The general nature and contents of the notice or order or appearance
ticket.
The date, time and place of any hearing scheduled.
That the written notice or order or appearance ticket is available
for pickup at the Office and that the Office will hand-deliver the
written notice or order or appearance ticket to any location within
the City of Yonkers or mail the notice or order or appearance ticket
to any location specified by the person to whom telephonic or oral
notice is given.
That the notice or order or appearance ticket is effective and
binding immediately upon receipt of telephonic or oral notice.
That failure to appear at a scheduled hearing will constitute
acceptance of the validity of the Office's code enforcement and an
acceptance of any notice or order or appearance ticket as a lawful,
binding and nonappealable code enforcement order.
That failure to comply with the notice or order or appearance
ticket can result in criminal prosecution and the levy of civil penalties.
B.
A notice or order or appearance ticket shall be served upon those
parsons against whom enforcement is sought and shall be properly accomplished
if the notice or order is:
(1)
Delivered to the person to be served;
(2)
Mailed registered or certified mail, return receipt requested;
(3)
Mailed first class;
(4)
Served by giving oral or telephonic service so long as the written
notice or order or appearance is held at the Office for pickup, hand-delivered
within 24 hours to any location within the City of Yonkers or mailed
first class, as is specified by the person to whom telephonic or oral
service is given; or
(5)
Served by any other authorized method.
C.
Service shall be deemed completed as follows:
(1)
At the time of delivery, when service is delivered to the person
to be served or delivered to an agent authorized in fact or by law
to accept service of process.
(2)
At the time of oral or telephonic service, even when followed by
mailing or delivery of a written notice or order.
(3)
Four business days after mailing, when mailed first class.
(4)
At the time of receipt, or upon refusal to accept delivery or refusal
to retrieve after notice of registered or certified mall is left by
the United States Postal Service, when mailed registered or certified
mail, return receipt requested.
(5)
At the time authorized by law when service is made by any other authorized
method.
A.
The Office may schedule one or more hearings regarding matters raised
in a notice or order. Such hearing may be set without need of any
request for a hearing. Unless notice of the hearing was provided when
the administrative code enforcement process was commenced, reasonable
advance written notice of the hearing shall be provided by first class
mail, registered or certified mail, return receipt requested, delivery
to the person to be served or by any other method authorized by the
New York Civil Practice Laws and Rules.
B.
Hearings may be consolidated on one or more notices or orders. Hearings
may be rescheduled for good cause shown.
C.
At the hearing, persons, including City employees and representatives
of the Office, may present testimony and other information regarding
the matters raised In the notice or order. The rules of evidence shall
not apply.
D.
Subpoenas may be issued, upon the prior approval of the Corporation
Counsel, to compel attendance and testimony of witnesses and production
of documents or other information or records. A subpoena shall be
served and enforced as provided in the New York Civil Practice Law
and Rules relating to enforcement of a subpoena issued by a board
or committee.
E.
If no person against whom enforcement is sought appears at the hearing,
the hearing may proceed solely on information and evidence submitted
by the Office.
F.
Appropriate enforcement shall be ordered in writing after one or
more hearings. Such order may mandate appropriate corrective or curative
action; may mandate compliance with applicable requirements; may revoke
or suspend a license, approval, permit or certificate; may impose
civil penalties; and may address such other matters as are necessary
to properly conclude the administrative enforcement proceeding.
G.
Any hearing pursuant to which civil penalties may be levied shall be conducted by a hearing officer, who shall not be an inspector or other employee of the Office responsible for administering or enforcing Chapter 91 through Chapter 96 and Chapters 100 and 103 of the Yonkers City Code. The hearing officer shall preside over the hearing, shall determine what evidence and testimony shall be considered, shall cause a stenographic recording of the hearing to be made and shall issue recommended findings of fact and conclusions of law. Such recommended findings and conclusions shall be delivered to the Director. The Director may impose civil penalties or order corrective action. The Director may not impose more severe civil penalties than those recommended by the hearing officer, and the Director may impose less severe civil penalties.
H.
For good cause shown, the time to complete corrective or remedial
action or code compliance may be extended.
I.
All orders shall be mailed or otherwise delivered to the parties
who appeared at the hearing.
J.
In each final decision or order, the appeal rights of those persons
aggrieved shall be stated.
A.
Notwithstanding any other provision of The Yonkers City Code, whenever a violation of any provision or provisions of Chapter 91 through Chapter 96 and Chapters 100 end 103 by a person causes any other person to suffer damage or loss of money or property of $5,000 or more, then such violation shall be punishable as a Class I offense.
A.
Civil penalties may be imposed by the Director after a hearing.
B.
An action for civil penalties or to enforce the administrative imposition
of civil penalties may be commenced in a court of competent jurisdiction
by itself or in conjunction with any other civil remedy available
to the City. The City's action may seek an award for attorney's fees,
costs, expenses and disbursements.
C.
When the City obtains a judgment in an action for civil penalties
as authorized in this section, in addition to the appropriate methods
of enforcement of the judgment established in the New York Civil Practice
Law and Rules, such judgment may be enforced as authorized by the
Yonkers City Code.
