All public nuisance proceedings brought under Hornell City Code §§
201-1 through
201-12 (hereafter, Hornell City Code Chapter
201, Article
I) shall be commenced by service of a notice of charges on the owner, lessor, lessee and mortgagee of a building, erection or place (hereinafter called "respondent(s)"), wherein the public nuisance is being conducted, maintained or permitted.
Within 30 days of closing of the hearing, the hearing officer
shall file a report and a complete record of the hearing.
A. The report. The hearing officer's report shall include a statement:
(1) Of the charges against the respondent(s);
(2) Summarizing each respondent's response to the charges;
(3) Of the facts recommended with specific references to principal supporting
items in the record;
(4) Of the conclusions recommended, as well as the reasons or basis therefor,
and whether the evidence sustained the charges.
B. Service of the report. A copy of such report shall be served on each
of the respondents or their attorneys, if so represented. The report,
when served, shall be accompanied by a statement in writing advising
that the recipient may controvert any of the findings contained therein
within seven days of the date of the notice by written submission
to the Board of Public Safety and all parties.
C. Filing of the record. The record, which the hearing officer shall
refer to the Board of Public Safety after the hearing, includes:
(1) The pleadings, which are:
(2) Copies of all motions and decisions;
(3) Transcript of the proceedings;
(4) All exhibits received into evidence;
(5) Any admissions, agreements or stipulations;
(6) A statement of matters officially noted;
(7) Offers of proof, objections and rulings; and
(8) The report referenced in Subsection
A of this section.
After receipt of the record and the hearing officer's report,
the Board of Public Safety shall approve, modify or reject the hearing
officer's report and thereby make a final determination based
upon the entire record and issue an order consistent thereto.
A. Content of decision. The decision will be in writing and shall consist
of two parts:
(1) The final determination, which describes the issues, recites the
relevant facts and pertinent provisions of the law and codes, makes
appropriate findings, and states the reasons for the determinations;
and
(2) The final order, which shall provide for:
(a)
The dismissal of charges; or
(b)
An assessment of penalties consistent with Hornell City Code Chapter
201, Article
I; or
(c)
A direction for abatement; and/or
(d)
A combination of any or all of the foregoing.
B. Service. A copy of the final determination and order shall be mailed
to the respondent(s) or its attorneys, if represented by counsel,
together with notice of right to judicial review in accordance with
Article 78 of the Civil Practice Law and Rules. Orders of the Board
of Public Safety shall also be posted at the building, erection or
place where the public nuisance exists.