[§ 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.
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The term:
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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.
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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.
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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:
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A.
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The acquisition of real property,
30 years.
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B.
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The acquisition of omnibuses and
other necessary personal property, 10 years.
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C.
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The acquisition of franchises, if
any, five years.
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[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:
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.
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.
A lot, plot or parcel of land, together with the buildings
and structures thereon.
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.
[§ 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.
