[Amended 6-18-1996 by Ord. No. 1996-19; 9-10-2003 by Ord. No. 2003-29]
A. 
There is hereby established a Division of Minimum Housing Standards within the Department of Health and Human Services for the purpose of enforcing the provisions of this article and such other matters as may be appropriately assigned to it.
B. 
The personnel of the Division of Minimum Housing Standards shall consist of a Director of the Division of Minimum Housing Standards, referred to in this article as the "Director," and such other inspectors, clerks and other personnel as may be required for the proper organization of the division and for the proper enforcement of this article.
C. 
The Director of Minimum Housing Standards shall be under the direction, supervision and control of the Director of Health and Human Services.
[Amended 6-18-1996 by Ord. No. 1996-19]
A. 
The Division of Minimum Housing Standards shall be operated under the immediate direction, supervision and control of a director appointed by the Mayor. The Director may delegate any of his powers or duties under the provisions of this article to any properly qualified employee of the Inspectional Services Division of the Department of Community Services.
B. 
The Director of the Division of Minimum Housing Standards shall implement the statement of policy set forth in this article. He shall enforce this article, and he shall provide for the establishment and preservation of sound and stable residential neighborhoods of decent, safe and sanitary homes and suitable living environment for adequate family life by encouraging the rehabilitation of substandard houses and the redevelopment of blighted and substandard areas. All personnel of the division shall exercise such authority as shall be delegated to them by the Director.
A. 
The Director of the Division of Minimum Housing Standards is authorized to make housing surveys in any area of the City to determine the general conditions of the dwellings in that area, the extent of deterioration, the lack of facilities and maintenance, the unsafe and unsanitary conditions, the overcrowding which may exist and other matters included within the provisions of this article.
B. 
The Director shall annually submit a written report to the Mayor and to the City Council regarding the activities of the Division of Minimum Housing Standards and the procedures used in the administration and enforcement of this article, which will indicate the progress and problems experienced in improving the sanitation, safety and rehabilitation of existing dwellings and dwelling premises.
The Director of the Division of Minimum Housing Standards is hereby empowered to make and to adopt such rules and regulations as may be necessary for the proper enforcement of the provisions of this article, to interpret and secure the intent thereof, but no such rules and regulations shall be in conflict with the provisions of this article or any provisions of the City Code or other ordinance of the City, or shall have the effect of waiving any provisions of this article. Such rules and regulations shall have the same force and effect as the provisions of this article, and the penalty for violation thereof shall be the same as the penalty for the violation of the provisions of this article. Such rules and regulations shall be published in the Fall River Herald News and shall be effective 10 days after publication.
Whenever the Director of the Division of Minimum Housing Standards determines that the condition of a dwelling or dwelling premises or any part thereof is in violation of any zoning, building, fire or health or safety provision of the City Code or any other ordinance or regulation of the City, or regulation adopted pursuant thereto, which is not provided for by this article, or which is provided for by a higher standard of such other ordinance, code or regulation, he shall refer such violation to the appropriate authority.
The Director of the Division of Minimum Housing Standards is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and dwelling premises in order that he may perform his duty of safeguarding the health, safety and welfare of the occupants of dwellings and of the general public, and of enforcing this article. For the purpose of making such inspections, the Director is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and dwelling premises.
Whenever the Director of the Division of Minimum Housing Standards determines that there are reasonable grounds to believe that there is a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as provided in this section. Such notice shall be in writing and shall specify the alleged violation and a reasonable time to correct the violation, and shall be served upon the owner, operator or occupant, as the case may require. Such notice shall be deemed to be properly served if a copy thereof is served upon such person personally, or if a copy thereof is sent by registered or certified mail, return receipt requested, to the last known address of the person in question, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if the person responsible for such violation is served with such notice by any other method now or hereafter authorized under the laws of this commonwealth. The notice of violation shall inform the person to whom it is directed of his right to discuss the violation with the Director.
Whenever the Director, at any stage of any proceedings instituted under the provisions of this article, finds that there exists a violation of this article which in his opinion requires immediate action to abate a direct hazard or immediate peril to the health or safety of the occupants of a building or of the public, he may, without prior notice of violation or hearing, issue a notice of violation for immediate compliance reciting the existence of such violation, and requiring that such action be taken as he deems necessary to alleviate the violation, which may include an order to vacate the premises. Notwithstanding the other provisions of this article, the notice of violation for immediate compliance shall be effective immediately upon its service or in such time as the Director shall, under the circumstances, deem reasonable, necessary and proper, and any person upon whom a notice of violation for immediate compliance is served shall comply therewith immediately or otherwise as such notice may specify.