It shall be the duty and responsibility of the Code Enforcement Officer of the Village of Newark to enforce the provisions of this chapter as herein provided.
Inspection of premises and the issuing of orders in connection therewith under the provisions of this chapter shall be the exclusive responsibility of the Code Enforcement Officer of the municipality. Wherever, in the opinion of the Code Enforcement Officer, it is necessary or desirable to have inspections of any condition by any other department, he or she shall arrange for this to be completed in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders. No order for correction of any violation under this chapter shall be issued without the approval of the Code Enforcement Officer.
Except as may otherwise be provided by the statute or local law, no officer, agent or employee of the municipality charged with the enforcement of this chapter shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter. No person who institutes or assists in the prosecution of a criminal proceeding under this chapter shall be liable to damages hereunder unbelieving that the person accused or prosecuted was guilty of any unlawful act or omission. Any suit brought against any officer, agent or employee of the municipality, as a result of any act required or permitted in the discharge of his or her duties under this chapter, shall be defended by the legal representative of the municipality until the final determination of the proceedings therein.
A. 
Frequency of inspections; exemptions.
(1) 
The Village of Newark shall conduct an exterior inspection of all registered rental properties every 36 months and upon the sale or transfer of the property upon which the rental property is located, unless it has been inspected within six months prior to the sale of property.
(2) 
A two-family dwelling that is owner occupied or contains units which are occupied by members of the owner's immediate family is exempt from inspection and fee, but not from registration. Immediate family members are child, parents, brother, sister, mother/father-in-law, grandparents, current stepparents, or current stepchildren of owner.
(3) 
The common areas of multifamily dwellings, such as halls, foyers, staircases, etc., shall be inspected once every 36 months.
(4) 
Areas of public assembly shall be inspected once every 12 months and upon the sale or transfer of the property upon which the building is located, unless it has been inspected within six months prior to the sale of the property.
(5) 
All other nonresidential buildings, uses and occupancies shall be inspected once every 36 months and upon the sale or transfer of the property upon which the building is located, unless it has been inspected within six months prior to the sale of the property.
(a) 
New uses and occupancies in existing buildings shall be inspected prior to opening.
(b) 
Uses and occupancies relocating to a new space within a building shall be inspected prior to opening.
B. 
The Code Enforcement Officer shall make or cause to be made inspections to determine the conditions of all structures and premises in order to safeguard the safety, health and welfare of the public under the provisions of this chapter. The Code Enforcement Officer is authorized to enter any structure or premises at any reasonable time for the purpose of performing his or her duties under this chapter. The Code Enforcement Officer shall provide reasonable notice to the landlord prior to the scheduling of inspections. The landlord is encouraged to provide the tenant with notice of the inspections. The owner, occupant or operator of every structure or premises, or the person in charge thereof, shall give the Code Enforcement Officer free access thereto and to all parts thereof and to the premises on which it is located at all reasonable times for the purpose of such inspection, examination and survey.
C. 
It shall be unlawful for any person to refuse entrance to or to impede an inspector or officer authorized under this chapter in the performance of his or her duties, and every such inspector or officer shall have the right to enter, examine and survey all premises, grounds and structures and every part thereof at all reasonable times upon display of proper identification.
D. 
If any owner, occupant or other person in charge of a structure subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure or premises where inspection authorized by this chapter is sought, the administrative authority may seek, in a court of competent jurisdiction, either an order that such owner, occupant or other person in charge cease and desist with such interference or a search warrant as provided by law.
E. 
A fee schedule shall be established and changed as needed by resolution of the Village Board for all fees charged under this chapter. Any fees charged under this chapter which are not paid within 30 days after being incurred will be assessed an additional fee per Village of Newark Fee Schedule[1] and will be assessed against the property upon which the charge was accrued and shall constitute a lien thereon and shall be added to the next real property tax levied against the property by the Village and collected as provided by law.
[1]
Editor's Note: Said fee schedule is on file in the Village offices.
The owner, operator or occupant of every structure or the person in charge thereof shall give the Code Enforcement Officer free access to such structure and dwelling premises, at all reasonable times, for the purpose of inspection, examination and survey. Every occupant of a structure shall give the owner or operator thereof or any person designated by the owner or operator access to any part of such structure or dwelling premises, at all reasonable times, for the purpose of examination and for making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any rules or regulations adopted pursuant thereto or with any notice of violation or order issued pursuant to the provisions of this chapter.
Inspectors and authorized personnel of the Code Enforcement Agency shall be supplied with official identification and shall exhibit such identification when entering any dwelling, dwelling unit, rooming house, rooming unit or premises.
The Code Enforcement Office shall cause a search of the Code Enforcement Office's records of housing violations existing on any premises and to issue a certified statement thereof upon receipt of a written request and the payment of a fee set from time to time by resolution of the Village Board of Trustees for each structure.
Upon any dwelling unit located within the boundaries of the Village of Newark becoming vacant due to the dwelling unit being posted as "unfit for human habitation," the same shall not be reoccupied and reused for residential purposes unless an inspection, made under the provisions of this chapter, shall disclose the absence of any violations of the provisions of this chapter as presently or hereafter amended. For purposes of this section, a dwelling unit shall be considered to have become vacant on the last day on which the tenant shall use the same as his or her residence, notwithstanding that such date may be prior or subsequent to the expiration date of any lease or rental agreement with respect to such dwelling unit. It shall be the obligation of the owner to notify the Building Department of the Village of Newark of the existence or pendency of a vacancy in a dwelling unit subject to the provisions of this section. Prior to the time when a dwelling unit subject to the provisions of this section is to become occupied for residential purposes by a new tenant, the owner shall give to the tenant a document containing the following legend, in English, and printed or typed in a type face not smaller than 10 pitch pica:
The dwelling unit which you are about to occupy is subject to the provisions of the Housing Code of the Village of Newark and may not lawfully be occupied unless it has been found to be free of violations of such code. If it is occupied in violation of such Code, the tenant may be subject to removal. Records relating to the dwelling unit may be examined at the office of the Building Department of the Village of Newark, New York.
Any dwelling, dwelling unit, rooming house or rooming unit having any of the defects found herein may be designated by the Code Enforcement Officer as unfit for human habitation and may be placarded as such if:
A. 
The structure lacks illumination, ventilation, sanitation, heat, water or other facilities adequate to protect the health and safety of the occupant or the public.
B. 
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
C. 
The structure, because of the location, general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health safety that it creates a serious hazard to the occupants or the public.
A. 
Whenever the Code Enforcement Officer determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation, of any provisions of this chapter or any rule or regulation adopted pursuant thereto, he or she shall give notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time for compliance. Service shall be made either personally or, if not by personal service, sent by mail addressed to the owner at the address of record. If the letter is returned, a copy shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. Issuance of a summons by a Code Enforcement Officer or a member of the Newark Police Department having jurisdiction will also constitute service of notice. The notice shall also set forth the consequences and effect of failure to comply with the said notice, which may include monetary fines or liens placed on personal property.
B. 
All notices shall contain the following statement:
An appeal from any or every part of this notice may be taken to the Housing Code Board of Appeals, provided a written notice of appeal is served or mailed to the Building Inspector of the Village of Newark within 10 days after the receipt of this notice of violation. No appeal may be had after expiration of said ten-day period.
Whenever the Code Enforcement Officer, at any stage of the proceedings instituted under the provisions of this chapter, finds that a violation of this chapter exists which, in his or her 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 or she may, without prior notice of 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 § 90-32. Notwithstanding any other provisions of this chapter, such an order shall be effective immediately upon the service and shall be complied with immediately, or as otherwise provided.
Whenever any violation of this chapter which, in the opinion of the Code Enforcement Officer, 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, the Code Enforcement Officer may take such direct action as is necessary to abate the hazard or danger.
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, after obtaining a demolition permit, and such action shall be deemed in compliance.
At the end of the period specified in the notice of violation, or extension thereof, it shall be the duty of the Code Enforcement Officer to make or cause to be made a reinspection of the dwelling, dwelling unit, rooming unit or premises, and if compliance has not been established, appropriate legal action shall be instituted.
The Code Enforcement Officer 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.
Whenever a notice or order has been issued for any infraction of this chapter, the Code Enforcement Officer may file a copy of such notice or order in the office of the Village Clerk. Such recording shall constitute constructive notice of such notice or order to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby.
Prior to the transfer of title to any rental dwelling or nonresidential building, the owner thereof, upon whom any unremedied notice or order pursuant to this chapter has been served, shall furnish to said purchaser a true copy of such notice or order and, at the same time, give adequate notification to the Code Enforcement Officer of his or her intent to sell the property and to whom the property is to be sold. The purchaser of said property shall be bound by any said notice or order.
Whenever the Code Enforcement Officer or his or her duly authorized representative determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in § 90-23, he or she shall include such warning within the notice of violation provided for in § 90-24 of this chapter, and he or she shall also include a statement of his or her intent to vacate and placard the dwelling, dwelling unit, rooming unit or rooming house if compliance with the provisions of this notice of violation has not been secured.
Whenever a violation notice, as provided in § 90-24 of this chapter, has not been complied with, the Code Enforcement Officer may order the dwelling, dwelling unit, rooming house or rooming unit to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator and the occupant, as provided in § 90-24 of this chapter.
A. 
Any dwelling, dwelling unit, rooming house or rooming unit designated as unfit for human habitation pursuant to § 90-23 and ordered vacated as provided in § 90-33 shall be vacated within such reasonable time as the Code Enforcement Officer may specify in the notice.
B. 
No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation and the notice removed until approval is secured from the Code Enforcement Officer.
Whenever the Code Enforcement Officer has declared a structure as unfit for human habitation, he or she shall give notice to the owner of such declaration and placard the structure as unfit for human occupancy. Such notice shall:
A. 
Be in writing.
B. 
Include a description of the real estate sufficient for identification.
C. 
Include a statement of the reason or reasons why it is being issued.
D. 
State the time to correct the conditions.
E. 
State the time the occupants must vacate the structure.
F. 
Include the statement for appeal.
Any structure declared as unfit for human occupancy shall be posted with a placard by the Code Enforcement Officer. The placard shall include the following:
A. 
Name of the Village.
B. 
Address and tax description of the property in question.
C. 
Name of the authorized department having jurisdiction.
D. 
Chapter and section of the Code under which it is issued.
E. 
An order that the structure, when vacated, must remain vacant until the provisions of the notice of violation are complied with and an approval from the Building Department has been received.
F. 
The date of the posting of the structure.
G. 
A statement of the penalty for defacing or removing the placard.
Service shall be made either personally or, if not by personal service, sent by mail addressed to the owner at the address of record. If the letter is returned, a copy shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. Issuance of a summons by a Code Enforcement Officer or a member of the Newark Police Department having jurisdiction will also constitute service of notice. The notice shall also set forth the consequences and effect of failure to comply with the said notice, which may include monetary fines or liens placed on personal property.
No person shall deface or remove the notice from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation.
The owner, agent, operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Code Enforcement Officer shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
Whenever the Code Enforcement Officer designates a building unfit for human habitation, as provided in this chapter, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he or she shall include within the notice of violation provided for in § 90-24 of this chapter a statement of his or her intent to order the demolition of the structure.
A. 
Any person, owner, corporation, etc., who feels they are aggrieved with the ruling or decision of the enforcing officer or his or her agents in any matter relative to the interpretation or enforcement of any provisions of this chapter may appeal the decision or interpretation to the Housing Code Board of Appeals.
B. 
Within 10 days after service of a notice of violation by the Code Enforcement Officer, the aggrieved person may appeal to the Board of Appeals for relief from said notice of violation. Such appeal shall be in writing addressed to the Code Enforcement Officer, who shall transmit to the Board all papers constituting the appeal. No appeal may be had after expiration of said ten-day period.
A. 
A HCBA shall hereby be established.
B. 
The Board shall consist of the Village Board.
C. 
All meetings of the HCBA shall be open to the public. After all parties and owners of affected property who have appeared have been heard, the Board may conduct its deliberations in executive session.
D. 
The concurring vote of three members of the HCBA shall be necessary to decide in favor of the applicant any matter upon which said Board is required to pass under the provisions of the chapter.
E. 
No application or appeal, even for a variance or special exception, shall be submitted directly to the HCBA; every application or appeal shall be submitted first to the Code Enforcement Officer.
F. 
The Housing Code Board of Appeals shall have the following powers and duties:
(1) 
Interpretation. The Board, on any appeal by an aggrieved party or upon a question presented by any official, department or board of the Village, shall decide any questions involving the interpretation of any provision of this chapter.
(2) 
Variances. An appeal from a determination of the Code Enforcement Officer may grant a variance where the strict application of this chapter would result in practical difficulty or unnecessary hardship.
(3) 
Advisory reports. The Village Board may recommend changes or modifications to the housing code.
G. 
All decisions shall be in writing, and a copy of the decision shall be sent to the applicant and the Code Enforcement Officer, and a copy, with all records relevant to the appeal, shall be filed so as to be available for public inspection.
The Code Enforcement Officer is authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement and interpretation of this chapter and to secure the intent thereof. Such rules and regulations shall not be in conflict with the provisions of this chapter or any local law of the Village of Newark, nor shall they have the effect of waiving any provisions of this chapter or any other local law. Such rules and regulations shall have the same force and effect as the provisions of this chapter and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter. Such rules and regulations shall be submitted to the local legislative body by the Code Enforcement Officer. Failure of the local legislative body to approve, reject or modify such rules and regulations within 30 days after submission shall be deemed to constitute approval thereof. Said rules and regulations, as approved by the local legislative body, shall be on file and available as a matter of public record.
Any person who shall violate or assist in the violation of any of the provisions of this chapter or who shall violate or fail to comply with any order made thereunder shall, upon conviction, be punished as provided in § 382, Subdivision 2, of the Executive Law for each offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violation or defects within the time set forth, and each day that such violation continues shall constitute a separate offense. The term "person," as used in this section, shall include the owner, occupant, mortgagee, vendee in possession, assignee of rents received, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a building or part thereof.
A. 
The Corporation Counsel shall, upon complaint of the Code Enforcement Officer, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove such violation and to take such other legal action as is necessary to carry out the terms and provisions of this chapter.
B. 
The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law; any and all remedies may be pursued concurrently or consecutively, and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.
C. 
This chapter shall take effect immediately after its adoption as provided by law.