The Department of Building and Code Enforcement as designated by Chapter 25 of the Incorporated Village of Mineola Municipal Code shall be responsible for the administration and enforcement of this chapter.
A.
The Department of Building and Code Enforcement shall be charged
with the duty of administering the housing standards and securing
compliance therewith and shall be empowered to adopt rules and regulations
necessary for securing such compliance and for its own organization
and internal management. Such rules and regulations shall not be in
conflict with the housing standards or with any provision of law.[1]
B.
The enforcement officers shall be empowered to:
(1)
Prescribe,
and secure compliance with, housing requirements for mobile homes
used as temporary relocation housing in connection with an urban renewal,
public improvement, or other publicly aided program.
(2)
Request,
and shall receive, so far as may be necessary in the discharge of
their duties, the cooperation of other officials or agencies of the
municipality.
(3)
Require
the registration of premises and to issue certificates of compliance
with respect to the use and occupancy of premises, or issue temporary
certificates, limited to premises or parts thereof before or during
the performance of any work to eliminate or correct violations or
deficiencies for an initial period of 90 days and renewable for additional
ninety-day periods.
(4)
Require
independent inspections and tests of equipment and systems used in
connection with premises.
(5)
Conduct
surveys to determine the condition of premises, extent of deterioration,
lack or adequacy of facilities, adequacy of maintenance, existence
of unsafe and insanitary conditions, extent of overcrowding, land
use, and other relevant factors affecting safety, health, or welfare.
C.
It shall be the duty of the Department of Building and Code Enforcement
to:
(1)
Make or cause to be made inspections of premises within the scope
of the housing standards;
(2)
Cause an investigation of complaints of alleged violations of the
housing standards;
(3)
Issue written orders for the elimination or removal of conditions
affecting or found to exist in, on, or about premises in violation
of the housing standards 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 therewith and the time
within which an appeal may be taken;
(4)
Request the Village Attorney to take appropriate legal action upon
failure to comply with a violation order or orders;
(5)
Keep official records of actions and activities;
(6)
Cause studies in cooperation with the Planning Board to be made of
housing and environmental conditions for the purpose of community
improvement;
(7)
Cooperate with other public and private agencies engaged in the study
and improvement of housing and environmental conditions; and
(8)
Publish an annual report, including a summary of actions, activities,
results, accomplishments, studies, as well as current and proposed
programs.
A.
Owners and lessors of premises, or their respective agents, shall,
within 90 days from the date of mailing of registration forms by the
Department of Building and Code Enforcement, file with such Department,
on the registration forms provided by such Department, the following
information:
(1)
The names and addresses of the owner and lessor, and of their respective
agents, upon whom violation orders may be served;
(2)
A description of the property, by street and number or otherwise,
as will enable the enforcement officers to locate the same; and
(3)
Such other appropriate information as may be requested, including,
but not limited to, use of premises, available facilities, number
of units, number and size of rooms, together with a schematic diagram
showing the typical floor layout of the units and rooms with appropriate
designations and identifications.
B.
Nonresident owners of premises who are not employed or engaged in
business within the municipality and do not customarily and regularly
come into the municipality to attend a business office shall designate
an agent who resides within the municipality or customarily and regularly
engages in and attends a business in the municipality.
A.
As scheduled by the Department of Building and Code Enforcement,
or as required by this chapter or other provisions of law, owners
and lessors of premises shall be responsible for the inspection and
testing of plumbing, heating, gas, and electrical equipment and systems,
sprinkler, standpipe, fire-detecting, and fire alarm systems, and
elevators, dumbwaiters, and escalators used in connection with such
premises.
B.
Inspections and tests shall be made by qualified persons who, because
of experience or education, are recognized as competent by the Department
of Building and Code Enforcement.
C.
If any equipment or system is found to be defective or not in proper
operating condition upon inspection or test, the owner or lessor shall
promptly remedy such defect or condition.
D.
Reports of inspections and tests, signed by the tester and a witness,
together with a statement of any remedial measures to be taken, shall
be filed with the Department of Building and Code Enforcement within
10 days after each inspection and test. A duplicate of the report
shall be kept on the premises, available for examination by the appropriate
enforcement officer or his or her representatives.
No officer, agent, or employee of the Village shall render himself
or herself 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 or her duties under this chapter. Any suit brought against
any officer, agent, or employee of the Village as a result of any
act required or permitted in the discharge of his or her duties under
this chapter shall be defended by the Village Attorney until the final
determination of the proceedings therein.
A.
The enforcement officers and their representatives shall be authorized,
in the performance of their duties, to conduct inspections of premises,
or parts of premises, at such times and in such manner as the appropriate
enforcement officer may find convenient or necessary, with the consent
of the person in possession or occupancy.
B.
If admission is refused or cannot be obtained from the person in
possession or occupancy, the appropriate enforcement officer or his
or her representatives shall be authorized to obtain a warrant to
make an inspection, provided reasonable or probable cause is shown.
C.
In case of an emergency, the appropriate enforcement officer or his
or her representatives may, without a warrant, enter any premises,
or parts of premises, to inspect the same, at any time, without the
permission of the person in possession or occupancy.
A.
Whenever the designated enforcement officer finds that there has
been a violation of the housing standards, the enforcement officer
shall issue a violation order to the person or persons responsible.
The enforcement officer shall also issue a violation order to the
person or persons responsible for the failure to register premises,
for failure to file or maintain reports, or for the furnishing of
a false statement, or for interference with an inspector lawfully
authorized to enter premises or in connection with the occupancy of
premises for which no certificate of compliance has been obtained
as required or when a building or structure has been found to be or
is deemed to be dangerous or unsafe hereunder. The order shall:
(1)
Be in writing;
(2)
Identify the premises;
(3)
Specify the violation and remedial action to be taken;
(4)
Provide a reasonable time limit for compliance;
(5)
State the time within which an appeal may be taken; and
(6)
If the violation constitutes a public nuisance or renders the premises
dangerous or unsafe, include, in the order, a statement that if the
violation is not remedied within the time limit specified in the order,
the enforcement officer may remedy the violation.
B.
A violation order may be served as follows:
(1)
By personal service; or
(2)
By mailing, by registered or certified mail, to the person whose
name has been filed with the Department of Building and Code Enforcement,
in accordance with this Part 2, to his or her address as therewith
filed, or to the occupant, of a copy of such order; or
(3)
If no person has filed with the Department the name and address of
the owner, lessor, or their respective agent upon whom an order may
be served, as provided in this Part 2, by posting a copy thereof in
a conspicuous place on the premises and by mailing another copy thereof
to the premises, on the same day as posted, enclosed in a postpaid
wrapper addressed to the owner, lessor, or their respective agent.
C.
In case the owner, lessor, occupant, or the agent of any of them
shall fail, neglect, or refuse to remove, eliminate, or abate the
violation within the time specified, the appropriate enforcement officer
shall request the Village Attorney of the municipality to take appropriate
legal action.
D.
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, and the violation order has been served but the violation has not been remedied within the time limit specified in such violation order, the designated enforcement officer shall take such steps as provided in Chapter 224 of this Municipal Code.
A building or structure, or part of a building or structure, including any service equipment therein or attached thereto or any facilities which are a part thereof, that is dangerous or unsafe, structurally or as a fire hazard or otherwise, or is dangerous or detrimental to health or life shall be demolished and removed or made safe and secure as provided in Chapter 224 of this Municipal Code.
Costs incurred in eliminating or removing nuisances and dangerous or unsafe conditions shall be paid for by the municipal treasury upon certification of the appropriate enforcement officer. Such costs shall be recovered as provided in § 224-6E of this Municipal Code.
The Department of Building and Code Enforcement shall keep official
records of, but not limited to, registrations and reports filed, certificates
issued, complaints received, inspections made, violations found, orders
issued, and actions taken. Such records shall be public records, open
to inspection during business hours. Copies or transcripts of such
records shall be furnished upon written application and payment of
any and all lawful fees.
[Amended 1-5-2000 by L.L. No. 4-2000]
A.
The Incorporated Village of Mineola is aware of and duly acknowledges
the existence of § 20-2006 of the Village Law of the State
of New York and hereby supersedes such section. Any person or corporation,
whether as owner, lessee, architect, building contractor or the agent
or employee of any of them, who violates or is accessory to the violation
of any provision of this chapter (or any regulation made under the
authority conferred by this chapter) shall, upon conviction, be guilty
of a violation pursuant to this chapter only, unless otherwise designated
by law, punishable by a fine of not more than $2,000 or imprisonment
of not more than 15 days, or both. The conviction of a second violation
of any such provision or regulation, both of which were committed
within a period of five years, shall be punishable by a fine of not
more than $5,000 or imprisonment of not more than 15 days, or both.
The conviction of a third or subsequent violation of any such provision
or regulation, all of which were committed within a period of five
years, shall be punishable by a fine of not more than $10,000 or imprisonment
of not more than 15 days, or both. Each week's continued violation
shall constitute a separate additional violation.
[Amended 1-14-2004 by L.L. No. 2-2004]
B.
The penalties heretofore prescribed shall not be imposed upon a person
who, by operation of law, acquires premises containing violations
for which a violation order has been issued for a period of six months
after the date of such acquisition of premises. Nevertheless, the
penalties provided shall attach and apply either upon the expiration
date of such six-month period or upon transfer of title to the premises
before the expiration of such period, whichever first occurs.
