[§ 1, L.L. No. 2-2017; § 1, L.L. No. 4-2017; repealed by § 1, L.L. No. 10-2021]
[§ 1, L.L. No. 4-2016; § 1,
L.L. No. 2-2017]
There shall be a Bureau of Neighborhood
Preservation, the head of which shall be the Neighborhood Service
Centers Director. The Bureau shall be responsible for the operation
and management of the Neighborhood Service Centers. The Bureau shall
facilitate resolution of neighborhood complaints, reduce nuisance
activities, provide technical assistance in community organizing,
plan and implement special projects, monitor City-owned vacant structures,
issue Business Permits, issue parking permits for handicapped residents
in accordance with Article 32 of the New York State Vehicle and Traffic
Law, enforce the provisions of the Property Conservation Code, Zoning
Code, Refuse and Sanitation Codes, the Anti-Litter Ordinance and the
Streets Code, and promote crime prevention activities.
The Commissioner of Neighborhood
and Business Development shall have the power, either personally or
through a duly authorized member of his or her staff, to enter and
inspect all buildings, structures and property within the City in
order to ensure compliance with the various laws and ordinances enforced
by the Department and to seek warrants where such are constitutionally
required.
[§ 1, L.L. No. 2-2011; § 1, L.L. No. 2-2017; § 1, L.L. No. 4-2017]
State-certified Code Enforcement
Officers in the Bureau of Buildings and Zoning or the Neighborhood
Service Centers may issue appearance tickets returnable in the Municipal
Code Violations Bureau for violations of the Anti-Litter and Snow
Ordinances, Streets Code, Refuse and Sanitation Codes, Property Conservation
Code, Zoning Code, Fire Prevention Code, Building Code, Electrical
Code, Elevator Code, and Plumbing Code and any other laws and ordinances
enforced by the Department of Neighborhood and Business Development
over which the Municipal Code Violations Bureau has jurisdiction,
including violations of the New York State Uniform Fire Prevention
and Building Code. Code Enforcement Inspectors in the Bureau of Buildings
and Zoning or the Neighborhood Service Centers may issue appearance
tickets returnable in the Municipal Code Violations Bureau for violations
of the Anti-Litter and Snow Ordinances, Refuse and Sanitation Codes,
and Property Conservation Code. Neighborhood Service Centers Administrators
are further authorized to issue appearance tickets for violations
of the Noise Code.
[§ 1, L.L. No. 6-2009]
In addition to any other remedies provided by law or ordinance, any person who, having been served with a notice or order to correct or remove any violation of the New York State Uniform Fire Prevention and Building Code, Property Conservation Code, Building Code, Electrical Code, Elevator Code, Refuse and Sanitation Codes, Plumbing Code, Fire Prevention Code, Zoning Code and Anti-Litter Ordinance of the City of Rochester, or any other code enforced by the Commissioner of Neighborhood and Business Development, or any nuisance, fails to comply therewith within the time fixed by the Commissioner of Neighborhood and Business Development or the Fire Marshal shall be subject to a penalty not to exceed $250 per violation to be assessed by the Commissioner of Neighborhood and Business Development after the person has been given an opportunity to appear at a hearing on such violations. Every day of each violation beyond the time fixed to correct or remove the violation may be held to constitute a separate violation. Notice of the hearing shall be served personally or shall be sent to the person by first-class mail with delivery confirmation to the address filed by said person with the Department of Neighborhood and Business Development or the City Treasurer's office, and if such address is not so filed in the Department or the City Treasurer's office, then the notice shall be sent by first-class mail with delivery confirmation to the person's last known address or place of residence. The person shall be permitted to be represented by counsel at the hearing, to submit evidence and witnesses on his or her or their behalf, to examine opposing evidence and to cross-examine opposing witnesses. The Commissioner may appoint a hearing officer to conduct the hearing and make recommendations concerning said violations. The burden of proving the violations shall be upon the Department. Compliance with the technical rules of evidence shall not be required. The procedures set forth in this section shall be applicable to properties with life-or safety-threatening violations, as reasonably determined by the Commissioner, as well as two or more properties having at least one common owner, principal or partner, provided that each property has violations and at least one such property has violations that may pose a threat to life or safety as reasonably determined by the Commissioner. The Commissioner shall notify a person of any penalties imposed after a hearing and the reasons therefor, which notice shall be served upon the person or sent in the same manner as required above for a notice of hearing. If the penalties imposed are not paid within 60 days of the date of the notice of penalty, they shall be considered delinquent, shall create a debt and personal obligation in favor of the City and against the person, shall constitute a lien against the subject property, shall be subject to the late payment charges set forth in §
6-93 of the City Charter and may be rebilled periodically until paid or added to taxes. Such delinquent penalties may be added to the tax bill for the subject property in accordance with §
6-94 of the City Charter.
Business Improvement Districts may
be established or extended in the City pursuant to the provisions
of Article 19-A of the General Municipal Law.
[§§ 1, 2, 3, L.L. No. 8-2009]
A. Findings and purpose. By Resolution No.
93-19, the City Council adopted a comprehensive housing policy for
the City of Rochester, which included, among other things, the promotion
and facilitation of affordable housing for individuals and families
of low and moderate income. The Council hereby finds that there is
a deficiency of such affordable housing, which deficiency is a serious
detriment to the economic and social health, safety and well-being
of the residents and neighborhoods of the City. The Council, therefore,
hereby declares the development of such affordable housing to be a
municipal and public purpose which shall be undertaken within the
policy established by Resolution No. 93-19, as such policy has been
subsequently updated by Ordinance No. 2008-91 and Local Law No. 5
of 2018.
[§ 1, L.L. No. 5-2018]
B. Authorization. The City, acting through
the Commissioner of Neighborhood and Business Development, with the
approval of the Mayor, is hereby authorized to develop and implement
affordable housing programs by, among other things:
(1)
Making grants to owners or purchasers
of blighted houses who are persons or families of low or moderate
income in order to rehabilitate such houses for purposes of occupancy
by such owner or purchaser as his or her or their principal residence
and making below-market-rate loans to owners or purchasers of blighted
houses in order to rehabilitate such houses, with the use of any such
grant or loan limited to bringing a house into compliance with all
applicable laws and regulations or to reconstruction in order to improve
habitability of a blighted house or to prolong the useful life of
a blighted house.
(2)
Permitting the acquisition of blighted
houses and their rehabilitation by one or more public or quasi-public
authorities or entities for resale to a person or family of low or
moderate income for use as such person's or family's principal residence.
(3)
Demolishing blighted houses, acquiring
the resulting vacant lots and constructing houses for sale to a person
or family of low or moderate income for use as such person's or family's
principal residence.
(4)
Making grants for down payments and
closing costs and below-market-rate mortgage loans to a person or
family of low or moderate income to purchase a house to be used as
such person's or family's principal residence.
(5)
Promoting and facilitating decent
rental housing for those who do not desire to or cannot afford to
purchase a home.
(6)
Making grants and below-market-rate
loans to support the development of housing to be sold or rented to
a person or family of low or moderate income for use as such person's
or family's principal residence.
C. General.
(1)
The Commissioner of Neighborhood
and Business Development shall establish rules and regulations to
implement affordable housing programs with the aim of ensuring the
use of available funds for affordable housing program purposes and
not for private gain.
(2)
The City may incur indebtedness and
appropriate general funds to accomplish the purposes of the City's
affordable housing programs.
(3)
In order to target affordable housing
resources on the households most in need, including but not limited
to those families who spend more than 50% of their total income on
housing, the City may limit the eligibility for any of its affordable
housing programs to one or more of the lower income categories of
the four categories of low and moderate income households defined
herein.
[§ 1, L.L. No. 5-2018]
D. Definitions. As used in this section, the
following terms shall have the meanings indicated:
[§ 1, L.L. No. 5-2018]
AFFORDABLE HOUSING PROGRAMS
Programs designed to make ownership or rental of a home or
dwelling unit, and assistance for improvements to homes, available
to persons of low or moderate income.
BLIGHTED
One or more of the following conditions of a house: boarded,
fire damaged, vandalized, structurally damaged, major systems substantially
impaired, numerous substantial building and property code violations,
obsolescent or any similar condition, the effect of which is to adversely
affect the aesthetic or economic environment of the immediate neighborhood.
LOW AND MODERATE INCOME
Gross annual income less than 120% of median income for household
size in the Rochester Metropolitan Statistical Area ("Area Median
Income" or "AMI"). The four categories of low and moderate income
households shall be classified as:
(1)
Extremely low, which is less than
or equal to 30% AMI;
(2)
Very low, which is more than 30%
and less than or equal to 50% AMI;
(3)
Low, which is more than 50% and less
than or equal to 80% AMI; and
(4)
Moderate, which is more than 80%
and less than or equal to 120% AMI.