[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Department of Housing Services, its Director, its authorized agents and personnel or other municipal personnel recruited by this agency shall be authorized to make surveys in any area of the Town to determine the general conditions of structures used for commercial and industrial purposes, the extent of deterioration, lack of facilities and maintenance, unsafe and unsanitary conditions, land use and other relevant factors.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The authorized personnel of the Department of Housing Services shall be authorized to make or cause to be made inspections to determine the condition of premises in order to safeguard the health, safety, morals and welfare of the public. The head of the code enforcement agency or his designated representatives shall be authorized to enter any premises at any reasonable time during business hours, or at such other time as may be necessary in an emergency, for the purpose of performing his duties under this chapter.
The owner, operator, agent or occupant of every building or premises shall give personnel authorized in § 460-37 access to such premises for the purpose of such inspections at any reasonable time during business hours or at such other times as may be necessary in an emergency.
Inspectors and authorized personnel of the code enforcement agency shall be supplied with official identification and, upon request, shall exhibit such identification when entering premises.
[1]
Editor's Note: Former § 460-40, Notice of violation; contents; service, as amended, was repealed 1-11-2021 by Ord. No. MC 3754.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Any notice of violation provided for in § 460-40 shall automatically become a final order if written request for a hearing is not filed in the office of the Department of Housing Services within 10 days after receipt of the notice. A copy of the order shall be served as provided in § 460-40.
Whenever it is determined that the condition of a building or premises is in violation of any applicable code which is not provided for by this chapter or which is provided for by a higher standard of such other law, code, ordinance or regulation as provided in § 460-4, such condition or violation shall be referred to the appropriate authority.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Whenever the Director of the Department of Housing Services at any stage of the proceedings instituted under the provisions of this chapter finds that a violation of this chapter exists which in his opinion requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in § 460-56. Notwithstanding any other provision of this chapter, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Whenever any violation of this chapter which, in the opinion of the Director of the Department of Housing Services, causes a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or the public, has not been corrected in the time specified by the order issued under § 460-42, the Director may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in § 460-61.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Director of the Department of Housing Services may extend the compliance time specified in any notice or order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
Any owner of a building receiving a notice of violation stating that such building does not comply with the provisions of this chapter may demolish such building and such action shall be deemed compliance.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Whenever a notice or order has been issued for any infraction of this chapter, the Director of the Department of Housing Services may file a copy of such notice or order in the office of the Town Clerk. Such recording shall constitute appropriate information of such notice or order to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No owner of any building or premises upon whom any notice or order pursuant to this chapter has been served shall sell, transfer, grant, mortgage, lease or otherwise dispose of such property to another until compliance with the provisions of such notice or order has been secured, or until such owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale, transfer, grant, mortgage or lease, a true copy of such notice or order and, at the same time, give adequate notification to the Director of the Department of Housing Services of his intent to sell, transfer, grant, mortgage or lease and supply the name and address of such person, persons or firm to whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee who has been informed of the existence of any notice or order issued pursuant to this chapter shall be bound thereby.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
All records of the Department of Housing Services shall be public. Upon request, the agency shall be required to make a search and issue a certificate of any of its records, including violations, and shall have the power to charge and collect reasonable fees for such searches or certificates.