City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[§ 1, c. 755, L. 1907]
The citizens of the State of New York from time to time inhabitants of the territory known as the City of Rochester, are continued a municipal corporation in perpetuity under the name of the City of Rochester.
[§ 2, 755, L. 1907; c. 431, L. 1920; c. 524, L. 1921]
The City has power to receive by gift, grant, devise, bequest, purchase or condemnation proceedings and to hold, lease and convey such personal estate and such real estate within or without the limits of the City as the purposes of the corporation may require; to make and lay such restrictions, negative casements or amenities or to receive such covenants with respect to real property within or without the limits of the City as the purposes of the corporation may require; to take more land and property than is needed for actual construction in the laying out, widening, extending or relocating parks, public places, highways or streets provided, however, that the additional land and property so taken shall be no more than sufficient to form suitable building sites abutting on such park, public place or street; to contract and be contracted with; to sue and defend and to be sued in any court; to make, have, use and alter at pleasure a common seal; to have and exercise all other rights and privileges conferred upon it by law or necessary to carry out its corporate functions and duties.
[§ 2-a, C-755, L. 1907 as added by c. 569, L. 1921; c. 309, L. 1939; c. 710, L. 1943; c. 414, L. 1950]
The City has and may exercise all the powers enumerated in the preceding section for the purpose of constructing, building, extending, maintaining, operating and making agreements relating to the use of a railroad, over the route hereinafter set forth, for the transportation of persons and property for the public, with such enlargement and limitation of power as is hereinafter provided. The power of the City to cross, intersect or enter upon lands of any railroad corporation, as hereinafter set forth, shall at all times be subject to the provisions of the Railroad Law and the Public Service Commissions Law. The City has power to construct, build, extend, maintain, operate and make agreements relating to the use of a railroad whether within the territorial limits of the City or in territory partly within such territorial limits and partly in territory contiguous or adjacent thereto, generally following the so-called Eric Canal lands and over, upon and along any portion of said Eric Canal bed, now owned or hereafter acquired or leased by the City of Rochester, together with such extensions incidental thereto as may be necessary to connect with any other railroad or railroads to cause the necessary examination and survey to be made and to select the particular course or courses of such route; to enter by its officers, agents or servants upon all necessary lands and waters and to make borings and dig test pits and to cut down any standing trees that may be in danger of falling on the road, subject to liability to the owner for all damages done; to construct such railroad, where necessary, across, along, over, under or upon any river, stream, watercourse, highway, street, plank road, turnpike, lands or, if necessary, across any of the canals of the state, other than the so-called Barge Canal; to cross, intersect, join or unite such railroad with any other railroad now or which may hereafter be constructed, at any point and upon the ground of any railroad corporation, with the necessary turnouts, sidings, switches and other conveniences in furtherance of the objects of its use and connections to erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of passengers, freight and business; to prepare such railroad for utilization for the conveyance of passengers and property by such power or force of steam, electricity, animals or any mechanical or other force; to make contracts, agreements and leases with respect to the operation and use of such railroad for any term, provided however that no person or corporation shall have any right or obligation by virtue of any such contract, agreement or lease, or otherwise, which shall extend for a period of more than 15 years from its inception, but any such contract, agreement or lease may extend for the full period of 15 years from its inception; to receive compensation for such contracts, agreements or leases; to erect poles, string wires and cables, lay and construct conduits, pipes or conductors for telephone, telegraph, signaling, light and power upon such railroad and in connection therewith. The powers heretofore conferred shall be deemed to include the power of the City itself to purchase, acquire, own, equip, maintain and operate said railroad or omnibus line, or, as above provided, to contract with a third party for the operation of said railroad or omnibus line, for the transportation of passengers, freight or express, either by streetcar, freight car, or motor bus; to do any and all things directly or indirectly incidental to the exercise or use of any and all of its corporate powers relating to said operations; to fix the rates, fares or charges to be demanded, exacted, charged, or collected, upon such city-owned railroad or omnibus line, notwithstanding any limitation upon the amount of, or the power to fix and determine the amount of, such rates, fares, or charges provided in any state statute or local law; to determine the just, reasonable, safe, proper, and adequate regulations, practices, equipment, appliances and services to be in force relating to said operations; to require any other public transportation system operating streetcars or omnibuses within, or partially within and partially without, the City, to accept transfers from the City-owned railroad or omnibus line; to require that any contractor operating the City-owned railroad or omnibus line and such other public transportation system provide for inter-system transfer of passengers; to honor transfers to its railroad or omnibus line, if it actually operates such line, from any such privately-owned transportation system. In case the parties concerned cannot agree upon the portions of fares of passengers transferring from one system to the other which each shall be entitled to receive, the respective portions shall, after a hearing, be determined by the Public Service Commission of the State of New York in accordance with the provisions of the Public Service Law.
[§ 2-b, c. 755, L. 1907 as added by c. 569, L. 1921; c. 309, L. 1939; c. 414, L. 1950.]
The portion of any railroad or omnibus line constructed, operated or maintained by the City, within the limits of the City, as they now are or may hereafter exist, shall be and be deemed to be a part of the public streets and highways of the City, and the portion of such railroad or omnibus line in property contiguous to the City shall be used and enjoyed by the public upon the payment of such fares and tolls, and subject to such reasonable rules and regulations as may be imposed and provided.
[§ 2-c, c. 755, L. 1907, as added by c. 453, L. 1934; c. 710, L. 1943]
In addition to its other corporate powers the City shall have the power to purchase, acquire, own, equip, maintain and operate a transportation system, including any and all real and personal property of every kind and nature used or necessary for, connected with or appertaining to the furnishing of transportation service of persons and property either by streetcars or buses, whether the said system be located entirely within the territorial limits of the City or partly within such territorial limits and partly in territory contiguous or adjacent thereto, and to do any and all acts directly or indirectly incidental to the exercise or use of any and all of its corporate powers. The City shall have the power to fix the rates, fares or charges to be demanded, exacted, charged or collected, notwithstanding any limitation upon the amount of said rates, fares or charges provided in any state statute or local law. The City shall also have the power to determine the just, reasonable, safe, proper and adequate regulations, practices, equipment, appliances and services to be in force, observed and to be used in any transportation system operated by it. When and if the City shall purchase, acquire or own any transportation system and shall operate the same, the railroad heretofore constructed pursuant to § 1-3 of this chapter shall be and shall be deemed to be a part of said transportation system and all of the powers conferred by this section shall relate and refer to said railroad.
[§ 2-d, c. 755, L. 1907, as added by c. 453, L. 1934; c. 414, L. 1950; § 1, L.L. No. 8-1985; § 1, L.L. No. 1-2006]
The Council may authorize the exercise of the powers granted by §§ 1-3 and 1-5 of this chapter by any lawfully established body, department, bureau, officer or other agency of the City: and the Council shall have the power to establish, if it shall deem it expedient, a commission to be known as the "Transportation Commission," which commission, if so established, may be authorized by the Council to exercise any and all of the powers granted by said §§ 1-3 and 1-5. Such commission, if established, shall consist of not less than three members who shall serve without compensation, whose members shall be City officers, shall be appointed by the Mayor and shall not hold office for not less than three years and not more than five years and shall be removable by the Mayor for inefficiency, neglect of duty or misconduct in office, after being presented with a copy of the charges against him or her or them and after having had an opportunity of being publicly heard in person or by counsel in his or her or their defense upon not less than 10 days' notice. The Council may, by ordinance, delegate to said commission such additional powers and appropriate to the commission such funds as the Council may deem necessary for the carrying into practical effect the provisions of said §§ 1-3 and 1-5,
[§ 2-e, c. 755, L. 1907, as added by c. 453, L. 1934, as added by c. 250, L. 1968]
Condemnation procedures for acquisition of certain real property, personal property or franchises, if any, of omnibus lines. Notwithstanding any other provision of law, general, special or local, the City shall have the power to acquire by condemnation any property and the franchises, if any, of any person, firm or corporation situated within the City, used and usable, in the operation of omnibus lines whether within the territorial limits of the City or partially within such territorial limits and partially in territory contiguous or adjacent thereto, the immediate acquisition of which property and franchises, if any, is determined by the Council to be necessary to serve the public convenience through the provision of adequate omnibus transportation, notwithstanding the fact that such property and franchises, if any, were or are devoted to a public use. Such power of condemnation shall be subject to the provisions of § 5-a of the Condemnation Law,[1] except that the notice of presentation of the petition required therein need not be prior to the presentation of such petition to the court, but shall be given to the Public Service Commission within 20 days after its presentation to the court.
The term:
PROPERTY — As used in this subdivision, is defined to include lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term and includes also any and all interests in such property less than full title, such as easements, permanent or temporary, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right legal or equitable and omnibuses, running stock and any other form of real or personal property.
A certified copy of an ordinance of the Council authorizing any such acquisition and identifying the property and franchises, if any, to be acquired shall be filed in the office of the County Clerk of the County of Monroe. A petition for an order vesting title to such property and franchises, if any, in the City, setting forth the action had by the Council, a description of the property and franchises, if any, to be acquired and a prayer that title to such property and franchises, if any, be vested in such city, shall then be presented, upon notice of the application to condemn published in five successive issues of the official publication of the City, to a special term of the Supreme Court within the judicial district in which the property being acquired is situated held at the time and place specified in such notice. Such proceedings shall have precedence over all other cases on the calendar in said Court, any other provision of law to the contrary notwithstanding. Upon due proof of satisfaction to the Court of the filing of the ordinance as hereinabove described, such Court, not later than three days after the presentation of the petition, shall thereupon enter an order vesting title to such property and franchises, if any, in the City. Upon such vesting of title, the City shall have the right to enter upon and take possession of such property. Written notice of the petition shall be given to the owners of all property and franchises, if any, affected by the proceedings at least three days prior to the date specified in such notice for the presentation to the Court of such petition by personal service or by registered mall to such owners at their last known addresses. Such published and written notices shall indicate the real and personal property and franchises, if any, to be taken by a general description and by references to the aforementioned ordinance of the Council. Except as herein otherwise prescribed, the procedures for the ascertainment of the compensation to be paid to the owners of property or franchises, if any, so acquired shall be, so far as practicable, the procedures governing the acquisition by the City of real property located in the City.
Notwithstanding the provisions of any general, special or local law to the contrary, the City may authorize, issue and sell obligations, pursuant to the Local Finance Law, to pay for the cost of any acquisition or acquisitions of such property used and usable in the operation of omnibus lines. The maximum period of probable usefulness for each such object or purpose for which obligations may be issued hereunder is hereby determined to be as follows:
A.
The acquisition of real property, 30 years.
B.
The acquisition of omnibuses and other necessary personal property, 10 years.
C.
The acquisition of franchises, if any, five years.
[1]
Editor's Note: The Condemnation Law was repealed by Chapter 839 of the Laws of 1977, effective 7-1-1978. See now the Eminent Domain Procedures Law.
[c. 547, L. 1918; c. 352, L. 1945; § 3, c. 755, L. 1907; L.L. No. 15-1962; L.L. No. 4-1978; § 4, L.L. No. 7-1980; § 2, L.L. No. 1-1988]
The City of Rochester comprises the territory included in the following description:
Commencing at a stone monument on the east street line of former Poplar Street in the Town of Greece, New York, said monument being ±261 feet north of the north street line of Beach Avenue; thence easterly a distance of 151.69 feet to a point in the division line between the City of Rochester and the Town of Greece, as shown on the Official Maps of the City of Rochester Map labeled District 1, Map 42, said point being the point of beginning:
Thence 1. Southwesterly along a line a distance of 513.29 feet to an angle point.
Thence 2. Continuing southwesterly along a line making an interior angle of 173° 18' 40" with course (1), a distance of 188.91 feet to a point in the north street line of Hickory Street.
Thence 3. Southeasterly along the north street line of Hickory Street a distance of 985.50 feet to an angle point at the west street line of Tamarack Street.
Thence 4. Southeasterly along the north street line of Hickory Street a distance of 340.0 feet to an angle point at the east street line of Larch Street.
Thence 5. Southeasterly along the north street line of Hickory Street a distance of 1,803.22 feet to a point.
Thence 6. Southerly, making an exterior angle in the southwest quadrant of 130° 34' 00" with course (5), a distance of 2,227.07 feet to an angle point.
Thence 7. Southwesterly, making an exterior angle of 154° 18' 05" with course (6), a distance of 633.99 feet to an angle point.
Thence 8. Westerly, making an exterior angle of 115° 31' 45" with course (7), a distance of 165.26 feet to a point in the easterly property line of School No. 38.
Thence 9. Northerly along the east property line of School No. 38 a distance of 700.0 feet to a point.
Thence 10. Westerly along the north property line of School No. 38 a distance of 390.0 feet to a point.
Thence 11. Southerly along the west property line of School No. 38 a distance of 700.0 feet to a point.
Thence 12. Westerly along a line, said line being 150.0 feet north of and parallel to the north street line of Latta Road, a distance of 834.18 feet to a point.
Thence 13. Southerly along a line a distance of 216.0 feet to a point in the south line of Latta Road.
Thence 14. Easterly along the south line of Latta Road a distance of 66.0 feet to a point.
Thence 15. Southerly along the east property line of the B.R. & P. Railroad a distance of 598.91 feet to the P.C. of a curve.
Thence 16. Along a curve to the right a distance of 275.63 feet to a point, said curve having a radius of 1,943.08 feet, said point being 33.0 feet east of the monumented base line of the B.R. & P. Railroad at center line Station 429.+69.55.
Thence 17. Along a line a distance of 106.0 feet to a point, being 50.0 feet east of the monumented base line of the B.R. & P. Railroad at center line Station 428+67.14.
Thence 18. Continuing southerly along a curve to the right, said curve having a radius of 1,960.08 feet, a distance of 184.0 feet to a point, said point being B.R. & P. Railroad center line Station 426.+87.83 and being 50.0 feet east of the base line.
Thence 19. Northerly along a line a distance of 62.22 feet to a point, said point being 33.0 feet east of the railroad base line at center line Station 427+46.4.
Thence 20. Southerly continuing along the east property line of the B.R. & P. Railroad along a curve to the right having a radius of 1,943.08 feet a distance of 741.02 feet to a point.
Thence 21. Continuing southerly along the east property line of the B.R. & P. Railroad a distance of ±837.5 feet to a point.
Thence 22. Southerly, making an interior angle of ±142° 59' with course (21), a distance of 183.75 feet to a point.
Thence 23. Westerly, making an exterior angle of 89° 49' with course (22), a distance of 134.08 feet to a point.
Thence 24. Southerly along the east line of the railroad along a curve to the left having a radius of 1,877.08 feet a distance of 428.2 feet to a point.
Thence 25. Continuing southerly along the east right-of-way line of the B.R. & P. Railroad a distance of 824.94 feet to a point.
Thence 26. Continuing southerly along the east right-of-way line of the railroad on a curve to the left having a radius of 1,877.08 a distance of 404.84 feet to a point.
Thence 27. Continuing southerly along the east right-of-way line of the B.R. & P. Railroad a distance of ±3,744.5 feet to a point in the north street line of Stonewood Road.
Thence 28. Westerly along the north street line of Stonewood Road a distance of 100.0 feet to a point.
Thence 29. Southerly a distance of ±24.75 feet to a point in the center line of Stonewood Road.
Thence 30. Easterly along the center line of Stonewood Road a distance of ±17 feet to a point.
Thence 31. Southerly along the west right-of-way line of the B.R. & P. Railroad a distance of 1,036.39 feet to a point.
Thence 32. Continuing southerly along the west right-of-way line of the railroad on a curve to the right having a radius of 2,831.93 feet a distance of 1,511.97 feet to a point.
Thence 33. Continuing southerly along the west right-of-way line of the railroad a distance of 892.78 feet to an angle point, said line having a bearing of S 32° 07" W.
Thence 34. S 0° 36' 30" E a distance of 7.04 feet to a point.
Thence 35. S 36° 36' 00" W a distance of 42.20 feet to a point.
Thence 36. S 30° 37' 00" W along the west right-of-way line of the railroad a distance of 203.26 feet to a point.
Thence 37. Continuing southerly along the west right-of-way line on a curve to the left having a radius of 5,845.15 feet a distance of 220.27 feet to a point.
Thence 38. Continuing southerly along the west right-of-way line having a bearing of S 32° 14' 00" W a distance of 1,053.58 feet to a point.
Thence 39. S 26° 27' 00" W a distance of 102.0 feet to a point.
Thence 40. S 32° 14' 00" Wa distance of ±301.0 feet to a point in the west right-of-way line of the B.R. & P. Railroad.
Thence 41. Westerly, making an exterior angle of 121° 46' 18" with course (40), a distance of 2,294.33 feet to a point.
Thence 42. Southerly, making an interior angle of ±90°, a distance of 2,578.77 feet to a point.
Thence 43. Easterly, making an interior angle of 90° 33' 20", a distance of 743.4,4 feet to a point in the west right-of-way line of the B.R. & P. Railroad.
Thence 44. Southwesterly along the west right-of-way line of the B.R. & P. Railroad a distance of 2,755.83 feet to a point.
Thence 45. Northwesterly, making an exterior angle of 107° 24' 03" with course (44), a distance of 1,512.56 feet to a point.
Thence 46. Southerly, making an interior angle of 80° 40' 45" with course (45), a distance of 250.0 feet to a point.
Thence 47. Westerly, making an exterior angle of 81° 46' with course (46), a distance of 1,456.95 feet to an angle point.
Thence 48. Continuing westerly a distance of 347.49 feet to an angle point.
Thence 49. Continuing westerly a distance of 181.24 feet to an angle point.
Thence 50. Continuing westerly a distance of 45.92 feet to a point.
Thence 51. Southerly, making an interior angle of ±85° with course (50), a distance of 3,756.01 feet to a point.
Thence 52. Westerly along a line 250 feet north of and parallel to Ridgeway Avenue a distance of 1,253.98 feet to a point in the west right-of-way line of Weiland Road.
Thence 53. Continuing westerly along course (52) extended a distance of 299.02 feet to a point.
Thence 54. Southerly along the westerly line of the former Erie Canal land a distance of 69.94 feet to a point.
Thence 55. Southerly along the westerly line of the former Erie Canal lands as it winds and turns to a point, said point being 134.75 feet west of and at a right angle to the west street line of existing Mount Read Boulevard.
Thence 56. Southerly along a line 134.75 feet west of and parallel to the west street line of Mount Read Boulevard a distance of ±2,765.9 feet to a point, said point being 134.75 feet north of the north street line of Lexington Avenue.
Thence 57. Westerly along a line 134.75 feet north of and parallel to the north street line of Lexington Avenue to a point, said point being 478.83 feet west of the existing new westerly street line of Lee Road, said point also being a common corner between the Town of Greece on the north, the Town of Gates on the west and the City of Rochester.
Thence 58. Southerly along a line a distance of 951.48 feet to a point.
Thence 59. Westerly along a line 5.25 feet to a point.
Thence 60. Southerly along a line a distance of ±1,301.0 feet to a point, said point being 53 feet north of the center line of the Barge Canal.
Thence 61. Southeasterly along a line 53 feet north of and parallel to the center line of the Barge Canal to a point in the north line of the New York Central Railroad property.
Thence 62. Westerly along a line ±6 feet to a point on the northerly line of the canal 47 feet from the center line of the canal.
Thence 63. Southeasterly along the easterly boundary of the canal and 47 feet from its center line along the canal line to the intersection of the easterly line of the former Erie Canal and the southerly line of the Pennsylvania Railroad, as shown on the City Assessor's Map, District 27, Map 54-55.
Thence 64. Westerly along the south line of the Pennsylvania Railroad property as it winds and turns to said line's intersection with the north line of Widener Road.
Thence 65. Easterly along the north street line of Widener Road to the westerly bank of the Genesee River.
Thence 66. Southwesterly along the westerly bank of the Genesee River to a point, said point being the common corner of the Town of Brighton, the Town of Chili and the City of Rochester.
Thence 67. Southeasterly along a line across the Genesee River, said line also being the boundary line of Genesee Valley Park lands to a point.
Thence 68. Southwesterly along the boundary line of Genesee Valley Park lands to a point in the north street line of Crittenden Road.
Thence 69. Easterly along the north street line of Crittenden Road to a point, said point being in the east line of Town Lot 78.
Thence 70. Northerly along the east line of Town Lot 78 a distance of 386.81 feet to a point.
Thence 71. Easterly along a line a distance of 118 feet to a point.
Thence 72. Southerly along a line a distance of 360.19 feet to a point in the north street line of Crittenden Road.
Thence 73. Easterly along the north street line of Crittenden Road a distance of 308.69 feet to a point.
Thence 74. Northerly along a line a distance of 320.77 feet to a point.
Thence 75. Easterly along a line a distance of 100.0 feet to a point.
Thence 76. Southerly along a line a distance of 320.77 feet to a point in the north street line of Crittenden Road.
Thence 77. Easterly along the north street line of Crittenden Road a distance of 417.21 feet to a point.
Thence 78. Northerly along a line a distance of ±1,337.64 feet to a point.
Thence 79. Easterly along a line a distance of 419.10 feet to a point.
Thence 80. Northerly along a line a distance of 595.98 feet to a point.
Thence 81. Westerly along a line a distance of ±819.11 feet to a point.
Thence 82. Northerly along a line a distance of 1,674.72 feet to a point.
Thence 83. Westerly along a line a distance of 60.0 feet to a point.
Thence 84. Northerly along a line a distance of 81.30 feet to a point.
Thence 85. Westerly along a line, said line being 200 feet south of and parallel to East River Road, a distance of 656.10 feet to a point in the west line of Town Lot 76.
Thence 86. Northerly along said town lot line a distance of 218.78 feet to a point in the south street line of East River Road.
Thence 87. Easterly along the south street line of East River Road to its intersection with the west right-of-way line of the Erie Railroad.
Thence 88. Northerly along the west right-of-way line of the Erie Railroad to a point ±47 feet north of the center line of the Barge Canal.
Thence 89. Easterly ±686 feet along the canal to a point, said point being located at the bottom angle of the canal.
Thence 90. Continuing easterly along the canal, bottom angle to a point, said point being 962.72 feet east of the east right-of-way line of East Henrietta Road.
Thence 91. Northerly, making an interior angle of 88° 44' 15" with course (90), a distance of 976.46 feet to a point.
Thence 92. Westerly, making an interior angle of 65° 56' 08" with course (91), a distance of 218.86 feet to a point.
Thence 93. Northerly, making an exterior angle of 74° 28' 15" with course (92), a distance of 939.79 feet to a point.
Thence 94. Easterly, making an interior angle of 254° 28' 15" with course (93), a distance of 372.52 feet to a point.
Thence 95. Northerly, making an interior angle of 114° 03' 52" with course (94), a distance of 4,252.98 feet to the north street line of Elmwood Avenue.
Thence 96. Easterly along the north street line of Elmwood Avenue a distance of 304.52 feet to a point.
Thence 97. Northerly, making an interior angle of 113° 16' 40" with course (96), a distance of ±1,697.4 feet to a point.
Thence 98. Easterly along a line parallel to Highland Avenue to a point in David Avenue.
Thence 99. Northerly along a line to a point in the rear property line of No. 3 Greenview Drive, said point being ±120.69 feet south of the south street line of Greenview Drive.
Thence 100. Easterly along the south property line of said No. 3 Greenview Drive extended a distance of 594.94 feet to a point, said point being the northeast corner of Lot AR-35 as shown on a resubdivision map of Summit View filed in Liber 125 of Maps, page 61, in the Monroe County Clerk's office.
Thence 101. Northeasterly along the south property line of the Schwalback Estate as shown on a survey of said estate recorded in the Monroe County Clerk's office in Liber 2891 of Deeds, page 21.
Thence 102. Southeasterly along a line 200 feet southwesterly from and parallel to Clinton Avenue South a distance of 36.98 feet to an angle point.
Thence 103. Southeasterly, making an interior angle of 201° 11' 40" with course (102), a distance of 239.21 feet to a point.
Thence 104. Northerly, making an interior angle of 45° 42' 53" with course (103), a distance of 1,133 feet to a point.
Thence 105. Easterly, making an exterior angle of 118° 09' with course (104), a distance of 225.97 feet to a point.
Thence 106. Southerly along a line a distance of 3.88 feet.
Thence 107. Easterly along the south property line of lots on Crosman Terrace a distance of 1,668.60 feet to a point.
Thence 108. Southwesterly along a line making an interior angle of 310° 22' 20" with course (107), a distance of 235.97 feet to a point.
Thence 109. Southwesterly along a line making an interior angle of 208° 20' with course (108), a distance of 417.00 feet to a point.
Thence 110. Southwesterly, making an exterior angle of 137° 55' with course (109), a distance of 359.7 feet to a point.
Thence 111. Easterly along a line making an exterior angle of 55° 39' 15" with course (110) a distance of 517.8 feet to a point.
Thence 112. Southerly along a line making an exterior angle of 100° 20' with course (111) a distance of 248.38 feet to a point in the south street line of Highland Avenue.
Thence 113. Easterly along the south street line of Highland Avenue to a point in the center line of Edgemere Drive.
Thence 113. A Northerly along the center line of Edgemere Drive extended to a point in the center line of Highland Avenue.
Thence 113. B Easterly along the center line of Highland Avenue a distance of ±137 feet to a point.
Thence 114. Southerly, making an interior angle of 90° with course (113B), a distance of 250.0 feet to a point.
Thence 115. Easterly along a line, said line being 225.25 feet south of and parallel to Highland Avenue, a distance of 600 feet to a point.
Thence 116. Northerly along a line 10.0 feet to a point.
Thence 117. Easterly along a line 215.25 feet south of and parallel to Highland Avenue to a point in the center line of Southern Parkway.
Thence 118. Northeasterly along the center line of Southern Parkway to a point in the south street line of Monroe Avenue extended.
Thence 119. Southeasterly along the southerly street line of Monroe Avenue to a point, said point being 150.0 feet south of and parallel to Highland Avenue.
Thence 120. Easterly along a line making an interior angle of ±126° 30' 30" with course (119) to a point, said point being 210.87 feet east of the east street line of Kimberly Drive as measured along the City line.
Thence 121. Northerly along a line making an interior angle of 92° 52' 15" with course (120) to a point, said point being ±22 feet north of the southerly property line of House No. 60 Gould Street and in the easterly property line of said House No. 60.
Thence 122. Easterly along a line ±325 feet to a point, said point being 261 feet at right angles south of the south street line of East Avenue.
Thence 123. Northerly along a line making an interior angle of ±90° 30' to a point, said point being 250 feet north of the north street line of Blossom Road as measured along the City line.
Thence 124. Easterly, making an interior angle of 248° 52' 55" with course (123), a distance of 369.90 feet to a point.
Thence 125. Northerly along a line making an interior angle of 111° 12' 29" with course (124) a distance of 1,732.05 feet to a point in the south street line of Dorchester Road.
Thence 126. Westerly along the south street line of Dorchester Road a distance of 386.43 feet to a point.
Thence 127. Northerly, making an interior angle of ±295° 52' with course (126), along a line to a point in the old north street line of Browncroft Boulevard.
Thence 128. Continuing northerly, making an exterior angle of 181° 45' 39" with course (127), a distance of 3,998.61 feet to a point.
Thence 129. Easterly, making an interior angle of 64° 43' 07" with course (128), a distance of 257.09 feet to a point.
Thence 130. Northerly, making an interior angle of 289° 12' 55" with course (129), a distance of 384.22 feet to a point.
Thence 131. Northerly, making an exterior angle of 160° 33' 23" with course (130), a distance of 210.49 feet to a point.
Thence 132. Northerly, making an interior angle of 206° 30' 18" with course (131), a distance of 92.57 feet to a point.
Thence 133. Northerly, making an interior angle of 129° 57' 38" with course (132), a distance of 190.63 feet to a point.
Thence 134. Northerly, making an interior angle of 137° 58' 15" with course (133), a distance of 156.39 feet to a point.
Thence 135. Westerly, making an interior angle of 150° 17' 36" with course (134), a distance of 622.50 feet to a point.
Thence 136. Northerly, making an interior angle of 239° 47' 51" with course (135), a distance of 240.2 feet to a point.
Thence 137. Southerly, making an interior angle of 22° 46' 10" with course (136), a distance of 1,636.07 feet to a point.
Thence 138. Westerly, making an interior angle of 244° 02' 40" with course (137), along a line to an angle point, said point being 109.06 feet east of east street line of Wyand Crescent.
Thence 139. Continuing westerly, making an exterior angle of 179° 17' 04" with course (138), to a point, said point being 161.82 feet east of the east street line of Merchants Road as measured along the south street line of Melville Street.
Thence 140. Northerly along a line 150 feet east of and parallel to Merchants Road a distance of 1,025.14 feet to an angle point.
Thence 141. Continuing northerly 150 feet east of and parallel to the east street line of Merchants Road a distance of 794.83 feet to an angle point.
Thence 142. Northerly along a line 150 feet east of and parallel to the east street line of Culver Road to a point in the center line of Empire Boulevard.
Thence 143. Westerly along the center line of Empire Boulevard a distance of ±25.9 feet to a point.
Thence 144. Northerly along a line 141.75 feet east of and parallel to the east street line of Culver Road measured at right angles to an angle point at the intersection of the City line and the north property line of House No. 1796 Culver Road.
Thence 145. Continuing northerly along a line 141.75 feet east of and parallel to the east street line of Culver Road a distance of 551.12 feet to an angle point.
Thence 146. Northerly along a line 150 feet east of and parallel to the east street line of Culver Road to a point, said point being 150 feet north of the north street line of Norton Street.
Thence 147. Westerly along a line 150 feet north of and parallel to the north street line of Norton Street to a point, said point being 150.0 feet east of the east street line of Portland Avenue.
Thence 148. Northerly along a line 150 feet east of and parallel to the east street line of Portland Avenue a distance of 975.22 feet to a point.
Thence 149. Westerly along a line 150 feet to a point in the east street line of Portland Avenue.
Thence 150. Westerly along a line to a point in the west street line of Portland Avenue, said point being 1,118.70 feet north of Norton Street.
Thence 151. Northerly along the west street line of Portland Avenue 1,724.17 feet to a point.
Thence 152. Westerly, making an interior angle of 88° 02' 45" with course (151), a distance of 1,855.23 feet to a point.
Thence 153. Northerly, making an exterior angle of 87° 59' 25" with course (152), a distance of 492.03 feet to a point.
Thence 154. Westerly along a line 300 feet south of the south street line of Ridge Road and parallel to Ridge Road East as it winds and turns to a point, said point being 36.47 feet measured at right angles east of the east street line of Marburger Street.
Thence 155. Westerly, making an exterior angle of 188° 44' 12" with course (154), a distance of 37.05 feet to a point in the east street line of Marburger Street.
Thence 156. Northerly along the east street line of Marburger Street extended to a point 150.05 feet north of the north street line of Ridge Road.
Thence 157. Westerly a distance of 15.74 feet to an angle point.
Thence 158. Continuing westerly to a point in the center line of Seneca Avenue.
Thence 159. Northerly along the center line of Seneca Avenue to a point of intersection with the center line of Long Acre Road.
Thence 160. Westerly along the center line of Long Acre Road to a point in St. Paul Street, said point being on the east right-of-way line of the New York Central Railroad.
Thence 161. Northerly along the easterly right-of-way line of the New York Central Railroad as it winds and turns to a point in the north street line of Seneca Gateway.
Thence 162. Westerly along the north street line of Seneca Gateway extended a distance of 52.43 feet to a point in the westerly right-of-way line of the New York Central Railroad.
Thence 163. Northerly along the westerly right-of-way line of the New York Central Railroad as it winds and turns to a point.
Thence 164. Westerly along a line a distance of ±270 feet to a point, said point being 150 feet east of the water's edge of the Genesee River as shown on the Official City Maps, District 4, Map No. 48.
Thence 165. Northerly along a line as it winds and turns, said line being approximately ±150 feet east of the water's edge of the Genesee River to said line which intersects with the shoreline of Lake Ontario, as shown on the Official City Maps, District 4, Maps 48 through 53.
Thence 166. Westerly along the shore line of Lake Ontario to the point of beginning.
Also all that tract or parcel of land conveyed to the City of Rochester by the State of New York being part of the former Erie Canal lands lying north of Ridgeway Avenue and extending westerly from Weiland Road, deeded to the City in 1917 and recorded in the Monroe County Clerk's office in Liber 52, pages 1 — 36. Also as shown on the Official City Maps, District 7, Maps 53 through 62.
Also all that tract or parcel of land beginning at a point 33 feet west of the center line of Culver Road, said point being 150 feet north of the north street line of Norton Street; thence northerly and northeasterly along a line parallel to said center line of said Culver Road, formerly Woodman Road, and thirty-three feet westerly therefrom to a point thirty-three feet southerly from the center line of a road running westerly to the junction with the Hoffman Road, so called, and the Wisner Road, so called; thence northwesterly along a line parallel to said center line of said road and thirty-three feet southerly therefrom to a point thirty-three feet westerly from the center line of said Wisner Road; thence northeasterly and northwesterly along a line parallel to said center line of the Wisner Road and thirty-three feet westerly therefrom to a point in the south line of lot number eight-six, section "B," of Huntington Hills produced east, reference being had to a map of said Huntington Hill subdivision filed in the Monroe County Clerk's office in liber forty-nine of maps at page sixteen; thence west along the south line of said lot numbers eight-six and eighty-five, crossing the "common," and along the south lot line of lot number seventy-one, section "C," to the southwesterly corner of lot number seventy-one aforesaid; thence northwesterly along the westerly line of said lot number seventy-one to the south line of lot number eight of the lake tract in the Town of Irondequoit; thence east along the south line of said lot number eight to the southwest corner of the twenty-four-and-five-hundredths-acre parcel of land conveyed by Harriet B. Durand to the City of Rochester by deed recorded in the Monroe County Clerk's office in liber fifteen hundred and sixty-four of deeds at page four hundred eighty-seven; thence north along the west line of said twenty-four-and-five-hundreths-acre parcel, conveyed to the City of Rochester by Harriet B. Durand by deed recorded in the Monroe County Clerk's office in liber fifteen hundred sixty-four of deeds at page four hundred eighty-seven, and along the west line of a four-acre parcel of land heretofore conveyed to Henry S. Durand by deed from Adam Wiesner and wife, recorded in the Monroe County Clerk's office in liber six hundred six of deeds at page four hundred forty-nine, to a point in the southerly line of fourteen and fifty-five-hundredths acres of land heretofore conveyed to said Henry S. Durand by deed from J. P. Lacour and others recorded in the Monroe County Clerk's office in liber six hundred ninety-four of deeds at page twenty-eight; thence westerly along said southerly line of said fourteen-and-fifty-five-hundredths-acre parcel of land heretofore conveyed to Henry S. Durand by J. P. Lacour to a point in the southwest corner thereof, said point being also in the westerly line of said lot number seven of the lake tract; thence northerly along said westerly line of said lot number seven to a point in the southeasterly corner of lot number eleven of the Town of Irondequoit, said point being also the southeasterly corner of land formerly owned by Thomas Delapp and conveyed to George Eastman by deed from Nelson P. Sanford recorded in the Monroe County Clerk's office in liber seven hundred fifty-four of deeds at page two hundred fifty-eight; thence westerly along the southerly line of land deeded to said George Eastman, being also the division line between lot numbers eleven and twenty-one of the Town of Irondequoit, to a point at a stake in the northwest corner of said lot number twenty-one; thence along said George Eastman's land south fifty-one degrees west, six chains to a stake; thence along said Eastman's land north nine degrees forty-five minutes west, to a point in the north line of lot number twenty, Town of Irondequoit, distant five chains and seventy-eight links westerly from the northeast corner of said lot number twenty; thence westerly along the southerly line of said George Eastman's land to a point in the southwest corner of said land, said point being in the southwest corner of said lot number eleven; thence northerly along the westerly line of said George Eastman's land and the westerly line of land conveyed to Henry S. Durand by Dommick Barrett by deed recorded in the Monroe County Clerk's office in liber six hundred eight of deeds at page four hundred eighty-eight, to a point in the southeasterly line of a highway running northerly; thence westerly along the south line of the Harris property and line produced, purchased by the City of Rochester September eleventh, nineteen hundred eleven, by deed recorded in the Monroe County Clerk's office in liber eight hundred and fifty-eight of deeds at page three hundred and fifty-six, to a point in the division line between the lands of Harris and Schneeberger; thence still westerly along the south line of the Schneeberger property, which property was purchased by the City of Rochester by deed dated December thirtieth, nineteen hundred twelve, and recorded in the Monroe County Clerk's office in liber nine hundred two of deeds at page one hundred eighty-six, to a point; thence continuing westerly along the southerly line of lands conveyed to the City of Rochester by Frederick J. Hafner and wife and recorded in the Monroe County Clerk's office in liber one thousand nine of deeds at page one hundred eighty-nine to the southwest corner of lands so conveyed; thence northerly along the lands so conveyed by Hafner and along the westerly line of the Bluntach property, which Bluntack property was purchased by the City of Rochester under deed dated December 19, 1911, and recorded in the Monroe County Clerk's office in Liber 869 of Deeds at page 210, to the shoreline of Lake Ontario; thence easterly along the high-water mark on the southerly shore of Lake Ontario to the existing easterly City line; thence southwesterly and southerly along said existing easterly City line to a point in the north line of Lot No. 7 of the Lake Tract, said north line being also the north line of the east part of said George Eastman's land; thence easterly along said north line of said George Eastman's land to a point in the westerly line of Culver Road, formerly known as Woodman Road, so called; thence southerly along said westerly line of said Culver Road, formerly known as Woodman Road, following the boundaries of said land deeded to said George Eastman, to a point in the south line of said George Eastman's land; thence westerly along the south line of said George Eastman's land to a point in the easterly line of land of Joseph Bucker and wife, conveyed to Henry S. Durand by an agreement recorded in the Monroe County Clerk's office in Liber 745 of Deeds at page 7; thence southerly along said easterly line of said Henry S. Durand's land to a point in the southeasterly corner thereof, said point being also in the south line of Lot No. 8 of the lake tract, said point being marked on the ground by a stone monument; thence easterly about 96.4 feet to a point on the west line of Lakeview Drive as produced northerly; thence southerly along the west line of Lakeview Drive about 384.24 feet to the southeast corner of Lot No. 721 of Durand Terrace subdivision; thence westerly along the south line of Lot Nos. 721 and 722 of said Durand Terrace subdivision about 611.24 feet to a stone monument, said monument being on the southwest corner of lot number seven hundred twenty-two and on the east line of Wisner Road, said point being thirty-three feet easterly measured at right angles from the center of said Wisner Road, so called; thence southeasterly and southwesterly along a line parallel to said center line and thirty-three feet easterly therefrom to a point thirty-three feet northerly from the center line of a road running easterly at the junction with the Hoffman Road, so called; thence southeasterly along a line parallel to said center line and thirty-three feet northerly therefrom to a point thirty-three feet easterly from the center line of the Culver Road, formerly known as Woodman Road; thence southwesterly and southerly along a line parallel to said center line and thirty-three feet easterly therefrom to a point one hundred fifty feet north of the north line of Norton Street; thence westerly 66 feet to the point of beginning.
Also all the tract or parcel of land being the east side trunk overflow along Densmore Creek from Culver Road, formerly Woodman Road, easterly to Irondequoit Bay as annexed by the City of Rochester in 1907 and as shown on maps on file in the City Engineer's office.
Also all that tract or parcel of land known as the Monroe County Airport property as shown on the Official City Maps on District 31 Key Map.
Excepting therefrom the following described lands:
All that tract or parcel of land situated in Lot 116, Town 116, Township 1, Short Range, located in the City of Rochester, County of Monroe, State of New York, and described as follows:
Commencing at a point in the center line of Ridgeway Avenue (66-foot-wide right-of-way) 1,131.72 feet west of the center line of Long Pond Road (66-foot-wide right-of-way); thence north 61° 34 46 east a distance of 115.15 feet to the point of beginning.
Thence (1) Northwesterly, along the southwest line of the City of Rochester, a distance of 120.64 feet to a point.
Thence (2) Northeasterly, along the northwest line of the City of Rochester, a distance of 307.70 feet to an angle point.
Thence (3) Continuing northeasterly, along said northwest line of the City of Rochester, a distance of 857.45 feet to the west line of Long Pond Road.
Thence (4) Southerly, along said west line, a distance of 160.33 feet to a point.
Thence (5) Southwesterly, along the southeast line of the City of Rochester, a distance of 327.02 feet to an angle point.
Thence (6) South 68° 12' 50" west, continuing along said southeast line, a distance of 138.85 feet to an angle point.
Thence (7) South 69° 21' 01" west, continuing along said southeast line, a distance of 213.80 feet to an angle point.
Thence (8) South 63° 51' 03" west, continuing along said southeast line, a distance of 128.54 feet to an angle point.
Thence (9) South 61° 34' 46" west, continuing along said southeast line, a distance of 276.81 feet to the point of beginning.
Hereby intending to describe all of the land and parcels of land within the boundary lines of the City of Rochester as shown on the Official Maps of the City of Rochester on file in the City Engineer's office, Division of Maps and Surveys.
[§ 1, L.L. No. 3-2009]
In order to promote the health and safety of its residents and visitors, the City enforces numerous laws relating to the construction, alteration, maintenance, repair, operation, use, condition or occupancy of a premises. These laws include laws such as the New York State Uniform Fire Prevention and Building Code, which the City is required to enforce on behalf of the state. In many instances, enforcement is possible only through inspections conducted in or on the premises itself. Most owners and occupants of a premises consent to necessary inspections and, when violations are found, promptly make corrections necessary to bring the premises into compliance with applicable codes. However, the City has recently encountered increasing numbers of owners and/or occupants who do not allow, fail to schedule, or unduly delay inspections. The City has particularly found this to be the case in the enforcement of provisions significantly affecting the health or safety of City tenants, such as the Lead-Based Paint Poisoning Prevention Code, found in Article III of Chapter 90, the Property Conservation Code. The City cannot allow the enforcement of these important health and safety codes to rest upon the desires of the owner or occupant of the premises. The enforcement of these provisions is especially important to a large number of residents of the City, such as children, the disabled and the elderly, who may be unable to recognize the dangers in their premises or to take the necessary steps to protect themselves. The United States Supreme Court and the New York State Court of Appeals have recognized the right of persons to require a warrant for inspections of premises in certain circumstances and have established standards for the issuance of such warrants. While New York Courts have issued warrants for the inspection of premises on the basis of the Supreme Court and New York Court of Appeals decisions and have applied in part the procedures for search warrants established in the Criminal Procedure Law, New York State statutes do not establish specific procedures or requirements for the issuance of warrants for inspections of premises. In the absence of state statutes, the City wishes to establish guidelines which meet constitutional requirements for the issuance by the courts of judicial warrants for the inspection of premises within the City. Such guidelines are particularly appropriate in the City due to absentee ownership of a significant number of premises, the age of City housing, and the difficulty in obtaining consent for necessary inspections. The guidelines will provide a process for issuing such warrants and will apprise landlords, tenants and all persons of the procedures and requirements to be followed by the City in obtaining and executing inspection warrants. These provisions will promote the health, safety and welfare of the City and all of its residents and visitors. Authority for the adoption of such guidelines is found in, but not limited to, the home rule and police powers found in Article IX, Section 2, of the New York State Constitution, § 10 of the Municipal Home Rule Law and § 20 of the General City Law and are necessary for the proper administration and enforcement by the City of the Uniform Fire Prevention and Building Code as required in 19 NYCRR Part 1203, promulgated pursuant to § 381 of the Executive Law.
[§ 1, L.L. No. 3-2009]
As used in this part, the following terms shall have the meanings indicated:
DESIGNATED CITY OFFICER OR EMPLOYEE
An officer or employee of the City of Rochester who occupies a position in which he or she is authorized by New York State law or the City Charter of the City of Rochester to enforce the property codes in the City.
INSPECTION WARRANT or JUDICIAL WARRANT FOR INSPECTION OF PREMISES
A written order signed by a judge of the Rochester City Court, Monroe County Court or New York State Supreme Court directing a designated City officer or employee to conduct an inspection of a premises for civil enforcement purposes only in conjunction with the administration and enforcement of the property codes, which inspection may include the photographing, recording or nondestructive testing of property or physical conditions found thereon or therein.
PREMISES
A lot, plot or parcel of land, together with the buildings and structures thereon.
PROPERTY CODE
The Property Conservation Code, Building Code, Plumbing Code, Fire Prevention Code, Zoning Code, Health Ordinance, New York State Uniform Fire Prevention and Building Code, or any other federal, state, county or City law, ordinance, rule or regulation relating to the construction, alteration, maintenance, repair, operation, use, condition or occupancy of a premises located within the City, which law, ordinance, rule or regulation is enforced by the City.
[§ 1, L.L. No. 4-2002; § 1, L.L. No. 3-2009]
No local law or ordinance of the City shall be construed to require a person to consent to an inspection of a premises in order to determine compliance with applicable code provisions. However, this provision shall not be construed to remove the obligation of a person to apply for and secure a required license, permit, certificate or other City approval relating to the construction, alteration, maintenance, repair, operation, use, condition or occupancy of a premises. When applying for a license, permit, certificate or other City approval which calls for an inspection, a person shall have the right to decline to consent to the inspection, and the issuing authority may, without further notice to the applicant, apply for an inspection warrant to conduct the required inspection. However, if the premises is occupied, notice to the occupant or other person with apparent right of possession in accordance with § 1-14 shall be required.
[§ 1, L.L. No. 3-2009]
In the performance of official duties, subject to the further requirements established in this part and the obtaining of a warrant when the same is constitutionally required, designated City officers or employees may enter premises to enforce the property codes.
[§ 1, L.L. No. 3-2009]
This part shall not be construed to require either an inspection warrant or prior notice to enter or inspect a premises under circumstances in which a warrant is not constitutionally required.
[§ 1, L.L. No. 3-2009]
Before an application may be made for an initial inspection warrant, the designated City officer or employee must give prior notice of his or her intent to conduct an inspection to the occupant or other person with apparent right of possession or, in the case of an unoccupied premises, to the owner, the owner's agent or other person in apparent control of the premises. No notice is required to an applicant who has declined to consent to an inspection when applying for a license, permit, certificate or other City approval which calls for an inspection. No further notice is required before additional inspection warrants are sought to inspect a premises, including warrants to reinspect a premises to determine if cited violations have been corrected, or additional warrants necessitated by the expiration of a warrant before an inspection could be completed, in the same case or any cases relating to the same premises and arising concurrently.
[§ 1, L.L. No. 3-2009]
The notice of intent to conduct an inspection shall:
A. 
State the date and time at which the designated City officer or employee will be present to conduct an inspection;
B. 
Inform the person notified that he or she may reschedule the inspection to a reasonable date and time by contacting the designated City officer or employee before the stated date;
C. 
Advise that if the inspection is not allowed to be conducted, the designated City officer or employee may make an application to Rochester City Court, Monroe County Court or New York State Supreme Court for an inspection warrant; and
D. 
Advise that a tenant may be protected against retaliation by a landlord for making a good faith complaint of code violations pursuant to § 223-b of the New York State Real Property Law.
[§ 1, L.L. No. 3-2009]
If the premises is occupied, the notice of intent to conduct an inspection must be either sent by first-class mail or personally delivered to the occupant or person with apparent right of possession. The notice shall be addressed to the occupants of record if their names are provided to the City by the owner in writing, otherwise notice shall be sufficient if addressed to the "occupant" of the particular unit.
[§ 1, L.L. No. 3-2009]
If the premises is unoccupied, the notice of intent to conduct an inspection must be mailed by first-class mail to the owner's tax mailing address for the premises or be personally served upon the owner.
[§ 1, L.L. No. 3-2009]
A department head or a designated City officer or employee authorized by the department head may make an application to Rochester City Court, Monroe County Court or New York State Supreme Court for an inspection warrant to conduct an inspection after notice of intent to conduct an inspection has been given, if the person notified does not allow, fails to schedule, or unduly delays the inspection.
[§ 1, L.L. No. 3-2009]
A department head or a designated City officer or employee authorized by the department head may apply for an initial inspection warrant without giving the prior notice of intent to conduct an inspection as required by §§ 1-14 and 1-20 if there is credible evidence to believe that a violation of a property code exists which immediately and significantly endangers the health or safety of any person.
[§ 1, L.L. No. 3-2009]
A department head or a designated City officer or employee authorized by the department head may make an application in accordance with this part to Rochester City Court, Monroe County Court or New York State Supreme Court for an inspection warrant to conduct an inspection or to take any other authorized action to administer and enforce the property codes. The Corporation Counsel shall send written notice of at least five days to the owner and occupant, if any, of a premises before an application is made for an inspection warrant.
[§ 1, L.L. No. 3-2009]
A department head shall consider whether one or more of the following guidelines have been met in determining whether to authorize an application for issuance of an inspection warrant:
A. 
There is credible evidence to believe that the construction, alteration, maintenance, repair, operation, use, condition or occupancy of the subject premises is in violation of any applicable property code; or
B. 
Reasonable legislative or administrative standards for conducting an inspection in conjunction with the administration and enforcement of the property codes are satisfied with respect to the subject premises, and the occupants and/or the owner have not allowed, have failed to schedule, or have unduly delayed the inspection of the premises; or
C. 
An application for a certificate of occupancy, business permit, permit, license or other similar instrument which authorizes the construction, alteration, maintenance, repair, operation, use, condition or occupancy of the premises has been submitted, and the occupants and/or the owner have not allowed, have failed to schedule, or have unduly delayed the inspection of the premises; or
D. 
A reinspection of the premises is necessary to determine whether previously cited violations of the property codes have been corrected, and the occupants and/or the owner have not allowed, have failed to schedule, or have unduly delayed the inspection of the premises.
[§ 1, L.L. No. 3-2009]
The application for an inspection warrant must:
A. 
Be in writing, stating the name of the court to which it is addressed;
B. 
State the name, department, title and code enforcement authority of the department head or the designated City officer or employee authorized by the department head who is the applicant;
C. 
State the date of the making of the application;
D. 
Describe the limited nature and purpose of the inspection and the manner in which the inspection is to be conducted in order to assure that any observations, findings and evidence obtained through execution of the inspection warrant shall be restricted to use in civil enforcement proceedings only;
E. 
Identify the premises to be entered and inspected in sufficient detail and particularity so that the designated City officer or employee executing the inspection warrant may readily ascertain the premises;
F. 
In cases where prior notice of intent to conduct an inspection is required, provide specific information showing how and when notice has been given, which most recent notice shall have been given within 90 days of the application for the inspection warrant, and how the inspection has not been allowed, has not been scheduled, or has been unduly delayed by the person notified;
G. 
State facts based upon personal knowledge of the applicant or upon information and belief, provided that in the latter event the sources of such information and the grounds of such belief are stated, sufficient to demonstrate probable cause for the issuance of an inspection warrant;
H. 
Where there are specific safety concerns directly related to the premises to be inspected, its owners or occupants, detail such safety concerns in order to request that a police officer provide protection to the designated City officer or employee during the execution of the inspection warrant;
I. 
Be subscribed and sworn to by the applicant; and
J. 
Request that the court issue an inspection warrant directing an inspection of the subject premises for civil enforcement purposes only, which inspection may include the photographing, recording or nondestructive testing of property or physical conditions found thereon or therein, subject to such limitations and restrictions as may be provided by the court.
[§ 1, L.L. No. 3-2009]
A. 
Determination of application.
(1) 
In determining an application for an inspection warrant, the court may examine, under oath, any person who it believes may possess pertinent information. Any such examination may be recorded or summarized on the record by the court.
(2) 
If the court is satisfied that there is probable cause to issue an inspection warrant, it may grant the application and issue an inspection warrant directing an inspection of the premises described in the application, subject to such limitations and restrictions as may be provided by the court. For inspections of dwellings as defined in § 120-208 of the Zoning Code, mere refusal by the owner and/or occupant to consent to an inspection shall not constitute the sole basis for the issuance of an inspection warrant, nor shall the condition of the area in which the dwelling is located constitute the sole basis for the issuance of an inspection warrant; provided, however, that this provision shall not prevent the issuance of an inspection warrant in circumstances where there are additional factor(s) to support the issuance, including but not limited to cases where the owner and/or occupant has declined to consent to a required inspection when applying for a license, permit, certificate or other City approval.
(3) 
The inspection warrant may be requested in the form of an original and two copies.
B. 
The City shall prepare and attach to its application to the court a proposed inspection warrant for its consideration which may:
(1) 
Be in writing, stating the name of the issuing court and containing a signature line for the subscription of the issuing judge;
(2) 
State the name, department, title and code enforcement authority of the designated City officer or employee authorized to conduct the requested inspection and to whom it is addressed;
(3) 
Contain a place for the court to indicate the time and date the warrant was issued and the duration of the warrant;
(4) 
State the limited nature and purpose of the inspection and the manner in which the inspection is to be conducted in order to assure that any observations, findings and evidence obtained through execution of the inspection warrant shall be restricted to use in civil enforcement proceedings only;
(5) 
Identify the premises to be entered and inspected in sufficient detail and particularity so that the designated City officer or employee executing the warrant may readily ascertain the premises to be inspected;
(6) 
Where specific safety concerns directly related to the premises to be inspected, its owners or occupants are identified, provide that a police officer may provide protection to the designated City officer or employee during the execution of the inspection warrant;
(7) 
For warrants for inspections of premises containing multiple dwelling units, contain a provision which authorizes a single entry into each unit, which entry need not occur at the same date and time for all units, but which entries must occur before the expiration of the warrant;
(8) 
Direct an inspection of the subject premises for civil enforcement purposes only, which inspection may include the photographing, recording or nondestructive testing of property or physical conditions found thereon or therein;
(9) 
Direct that the inspection warrant be executed between the hours of 7:00 a.m. and 8:00 p.m., or when the court has specially so determined based upon the use of the premises at other hours or other special circumstances of the premises, direct execution thereof at other times of the day or night, without the use of force;
(10) 
Direct that the inspection warrant authorizing entry to the premises shall be delivered to the occupant at the time of the inspection. The court may additionally authorize service of the inspection warrant by means of confirmation mail, in which case the inspection warrant shall require the owner and/or occupants to provide the designated City officer or employee with a reasonable date and time to conduct the inspection, which date and time must be within seven days of receipt of the warrant; and
(11) 
Contain a notice to the owner and occupants that it is unlawful to willfully deny or unduly delay entry or access to any premises to a designated City officer or employee with an inspection warrant authorizing inspection of said premises, to willfully deny or unduly delay or interfere with the inspection authorized by the warrant, or to willfully fail to timely set a reasonable date and time for an inspection as required by the court, and that such actions may result in punishment for contempt of court pursuant to Article 19 of the Judiciary Law, which punishment may consist of a fine or imprisonment, or both.
[§ 1, L.L. No. 3-2009]
A. 
Except as provided in Subsection B of this section, in executing an inspection warrant, the designated City officer or employee authorized by the court to execute the warrant shall, before entry, make a reasonable effort to present his or her credentials, authority and purpose to an occupant or person in possession of the premises designated in the warrant and to deliver a copy of the warrant to the occupant or person in possession of the premises.
B. 
In executing an inspection warrant, the designated City officer or employee authorized to execute the warrant may promptly enter the designated premises if it is or is reasonably believed to be vacant and unsecured. Such designated City officer or employee need not provide notice of his or her authority and purpose as prescribed in Subsection A of this section.
C. 
When authorized in the inspection warrant, a police officer may provide protection to the designated City officer or employee during the execution of the inspection warrant. Absent such authorization, a police officer shall not accompany the designated City officer or employee during the inspection of the interior portions of a building not open to the public.
D. 
An inspection warrant issued shall be executed within:
(1) 
The time specified in the warrant, not to exceed 45 days; or
(2) 
If no time is specified therein, within 45 days from its date of issuance.
[§ 1, L.L. No. 3-2009]
It shall be unlawful for any person to willfully deny or unduly delay entry or access to any premises to a designated City officer or employee with an inspection warrant authorizing inspection of said premises, to willfully deny or unduly delay or interfere with the inspection authorized by the warrant, or after receiving a copy of an inspection warrant requiring the scheduling of an inspection, to willfully fail to schedule a reasonable date and time for the inspection as set forth in the inspection warrant. Any person who violates this section shall be subject to an application to be found in contempt of court pursuant to Article 19 of the Judiciary Law, and punishment as provided for therein may include a fine or imprisonment, or both.