The Director of the Building Inspections and Code Enforcement Department shall designate and appoint the Public Officer, and all inspections, regulations, enforcement and hearings on violations of the provisions of this code, unless expressly stated to the contrary, shall be under the direction and supervision of the Public Officer. The Public Officer may appoint or designate such other public officials or employees of the city to perform duties as may be necessary to the enforcement of this code, including the making of inspections and holding of hearings.
A.
When inspections are to be made.
(1)
Residential. All buildings and premises subject to this code are subject to inspections from time to time by the enforcing officer of the city. At the time of such inspections, all rooms in the building and all parts of the premises must be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made between 8:00 a.m. and 4:00 p.m., unless one (1) of the following conditions exists:
(a)
The premises are not available during the foregoing hours for inspections.
(b)
There is reason to believe that violations are occurring on the premises which can only be apprehended and proven by inspections during other than the prescribed hours or which require immediate inspection after being reported, such as failure to supply heat.
(c)
There is reason to believe there exists a violation of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
(2)
Nonresidential. All buildings and premises subject to this code are subject to inspection from time to time by the enforcing officer. At the time for such inspections, all rooms and parts of the premises must be available and accessible for such inspections, and the owner and operator are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
B.
Identification and conduct of inspectors. Inspectors shall be supplied with official identification and, upon request, shall exhibit such identification when entering any dwelling unit, rooming unit or any part of any premises subject to this code. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
C.
Where entry by inspectors is refused.
(1)
Emergency inspection without warrant. Emergency inspections may be authorized without warrant if the Public Officer has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall only take place where the time taken to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition. Where the Public Officer or his agent is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this code and subject to the penalties hereunder.
(2)
Search warrant or access warrant.
(a)
The Public Officer may, upon affidavit, apply to the Judge of the Municipal Court of the City of Orange for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of the code may exist on the premises, including one (1) or more of the following:
[1]
That the premises require inspection according to the cycle established by the city for periodic inspections of premises of the type involved.
[2]
That observation of the external condition of the premises and its public areas has resulted in the belief that violations of this code exist.
[3]
That there are circumstances such as age of the building, type of building, particular use of premises or other factors which render systematic inspections of such buildings necessary in the interest of public health and safety.
(b)
If the Judge of the Municipal Court of the City of Orange is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to an inspection of that part of the premises on which the nuisance or violation may exist. Warrant for access may be issued by the Judge of the Municipal Court of the City of Orange upon affidavit of the Public Officer establishing grounds therefor pursuant to § 156-78.
Except as provided in Subsection J below, where a violation of this code or the regulations hereunder is found to exist, a written notice from the Public Officer shall be served on the person or persons responsible for the correction thereof.
A.
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed thirty (30) days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order of the Public Officer in ten (10) days after service unless a hearing is requested pursuant to Subsection C hereof.
B.
Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. In the case of an occupant, notice may be posted upon the door of his dwelling unit or rooming unit. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Public Officer shall file and provide notice to any owner, operator or occupant of any violation at any address other than the last known address provided hereunder if such other address is filed with the Public Officer personally or by certified mail addressed to the Public Officer. Service upon an owner, operator or occupant may also be attained by service of any notice upon a member of the family of the owner, operator or occupant. Date of service of the notice shall be determined, where service is by mail, as of the day following the day of mailing for notices to addresses within the city, and as of the fourth day after the day of mailing for notices to addresses outside the city. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. Notwithstanding any other provisions herein contained where premises are subject to registration pursuant to § 156-88 and have been so registered, notice served upon the agent designated therein shall constitute service upon the owner, operator and lessor of the premises jointly and severally. Where the owner, operator or lessor has failed to register the premises as required under § 156-88, or if the present premises have been registered and if the agent designated therein cannot be found at the address given in the registration, the owner, operator or lessor affected thereby may be served by posting notice upon the premises in a conspicuous place as near as possible to the front entrance thereof.
C.
[Repealed 12-6-2005 by Ord. No. 35-2005]
D.
Determination at hearing. At any hearing provided hereunder, the Public Officer shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within ten (10) days from the completion of the hearing. The Public Officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
E.
Extensions of time. The Public Officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed thirty (30) days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed ninety (90) days beyond the expiration date of the original notice.
F.
Summary abatement in emergency; notice and hearing not required. Where the violation or condition existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Public Officer may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three (3) days, and, upon failure to do so, the Public Officer shall abate the condition immediately thereafter.
G.
Cost of abatement to be a lien against premises. Where abatement of any nuisance as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to conform to municipal ordinances or state law applicable thereto requires expending city moneys therefor, the Public Officer shall present a report of work proposed to be done to accomplish the foregoing to the City Council with an estimate of the cost thereof, along with a summary of the proceedings undertaken by the Public Officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and orders of the Public Officer with reference thereto. The City Council may thereupon by resolution authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the city and laws of the state. The Public Officer may thereafter proceed to have the work performed in accordance with the resolution at city expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs to the City Council. After review of the same, the City Council may approve the expenses and costs, whereupon the same shall become a lien against the premises collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the City Council and filed with the Tax Collector of the city, who shall be responsible for the collection thereof, and a copy of this report and resolution shall be sent by certified mail to the owner.
H.
Referral of violations. Any violation of any ordinance other than this code discovered by a housing inspector shall be reported to the Public Officer, who shall refer the alleged violation to the official or agency responsible for the enforcement of such other ordinance.
I.
Extension of time where dispossess action undertaken. Where there exists a violation of occupancy standards hereunder, an owner or operator, upon receipt of a notice of violation, if unable to eliminate the violation by peaceable means within the period of time specified in the notice, shall commence within such period legal action to dispossess, evict or eject the occupants who cause the violation. No further action hereunder shall then be taken against the owner or operator so long as the action aforesaid is pending in the court and is prosecuted expeditiously and in good faith.
J.
Where notice and hearing not required prior to court proceedings.
(1)
Notwithstanding the requirements of Subsections A through D hereof, violations of the following sections may be prosecuted without notice by the filing of a complaint by the Public Officer and/or inspectors in the Municipal Court: §§ 156-13, 156-17, 156-19, 156-20A, B, O through U and X(3), 156-23, 156-29, 156-30, 156-43, 156-83 and 156-88.
[Amended 12-19-78 by Ord. No. 48-78]
(2)
No notice shall be required on the enforcement of § 156-13D hereof as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where such snow or ice remain uncleared within eight (8) hours of daylight after the termination of the snowfall.
(3)
The Public Officer after hearing shall determine that there was a violation and a notice was served upon the owner, operator or occupant, whether or not the violation was abated prior to the issuance of an order, if thereafter within the space of one (1) year there shall be a second violation by the same owner, operator or occupant of the same provision of this code discovered on the same premises, the offender may be prosecuted on the second violation without the Public Officer first giving notice and opportunity for a hearing to the owner, operator or occupant by the filing of a complaint by the Public Officer in the Municipal Court. Where the Public Officer has on two (2) different occasions found violations by the same owner, operator or occupant on the same premises and has issued notices on each and has held at least one (1) hearing and issued an order thereon, upon discovering a third or subsequent violation by the same owner, operator or occupant on the same premises within the space of one (1) year, whether the same sections or of any other sections of this code, he may thereupon prosecute the offender by filing a complaint in the Municipal Court for the third or subsequent violation occurring within the period of one (1) year without first providing notice and opportunity for a hearing by the Public Officer.
K.
Effect of notice on owner. For the purposes of enforcement of this code, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until the violations are abated in conformity with this code and the other applicable ordinances of the City of Orange.
L.
Public Officer may act as custodian. In addition to other remedies provided herein where the Public Officer has issued an order requiring the abatement of the nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the city and laws of the state applicable thereto and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the Public Officer may for the purpose of correcting any of the foregoing conditions, act as custodian of any building or structure subject to registration in accordance with the provisions of § 156-88 and may, as custodian, enter into and take charge of the premises and supervise the abatement of any nuisance, correction of defect or placing of the premises in compliance with municipal ordinances and state laws. For the performance of the duties of custodian, the City of Orange shall receive for the services from the owner, operator and lessor of the premises the compensation approved by the City Council and set forth in Chapter 88, Fees, as costs and expenses, the same to be certified and collected as provided in § 156-67G.
[Amended 5-18-1982 by Ord. No. 16-82]
M.
Appointment of receiver. Where the owner, operator or lessor of the building who is required to register under § 156-88 violates this code or any other municipal ordinance pertaining to the structure or fails to abate any violation of this code or violates an order of the Public Officer with respect thereto, the Public Officer, upon resolution duly approved by the City Council, may commence an action in the Superior Court seeking appointment of the Public Officer as receiver ex officio of the rents and income from the property. The rents and income shall be collected by the receiver and shall be expended and allotted to:
(1)
Secure compliance with the ordinances of the city and laws of the state as set forth in the order of the Public Officer.
(2)
Be utilized to defray such costs and expenses of the receivership as may be adjudged by the Superior Court.
(3)
Be applied towards payment to the city of any fines or penalties with costs which may have been imposed on the owner, operator or lessor for violation of the ordinances of the city and which have remained unpaid.
N.
Mortgagee as agent. The Public Officer, when acting as receiver as heretofore provided, may when authorized by resolution of the City Council, appoint as agent the holder of any first mortgage upon the premises if such mortgagee or assignee of the mortgage is a proper person and is willing to accept such appointment to serve as agent to the receiver for the purpose of collecting rent and income from the premises and manage the same. If there is no first mortgage or assignee of the mortgage, or if such person is unsuitable or unqualified for performing duties as set forth herein or is unwilling to accept appointment, the City Council may, by resolution upon recommendation to the Public Officer, designate some other person to perform the aforesaid duties and functions, and the agent shall account promptly to the receiver for the rent and income so collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for such rents and income or in the management of such real property, the receiver shall apply to the court for the removal of such designated mortgagee or other person, upon notice in writing to him, and the court upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid.
O.
Fee of receiver or counsel. In any such receivership, no fees shall be allowed the receiver or his counsel for acting as such receiver or counsel.
P.
Procedure in respect to receivership. Except as otherwise provided herein, the procedure in respect to any such receivership provided by this code shall be as in the case of receiverships to secure the payment of delinquent taxes, penalties, interest, costs and expenses.
Q.
Interference with duties of city officers. Where the Public Officer has assumed responsibility as custodian or the court pursuant to this code has designated a receiver, any interference with or refusal to comply with the requests of the officers in the performance of their duties as provided herein shall constitute a violation of this code.