The Code Enforcement Official shall be authorized
to make or cause to be made inspections to determine the condition
of dwellings, dwelling units, rooming houses, rooming units and premises
in order to safeguard the health, safety, morals and welfare of the
public. The Code Enforcement Officer or his designated representatives
shall be authorized to enter any dwelling, dwelling unit, rooming
house, rooming unit or 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.
Every property owner who does not reside on
the property shall be required to provide to the City Code Enforcement
Department a name, address and phone number of a contact person who
may be reached in case of emergency.
The owner, operator, agent or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give personnel authorized in § 176-2 access to such dwelling, dwelling unit, rooming house, rooming unit and 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 Department shall be supplied with official identification
and, upon request, shall exhibit such identification when entering
any dwelling, dwelling unit, rooming house, rooming unit or premises.
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 provision of this chapter or any rule or regulation adopted pursuant thereto, he 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, and shall be served upon the owner, agent, operator or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner, agent, operator or occupant if a copy is served upon him personally; or if a copy thereof is sent by registered mail, return receipt requested, to the last known address of such person; or if a copy is posted in a conspicuous place in or about the building affected by the notice, and if a copy is mailed by registered mail on the same day it is posted to the owner, agent, operator or occupant; or by such other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing before the Code Enforcement Officer as provided in § 176-12 of this chapter. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
At the end of the period specified in the notice of violation, or any 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 house, rooming unit or premises, and if compliance has not been established, appropriate legal action shall be instituted as specified in § 176-1 of this chapter, provided that additional notices of violation are not required.
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.
No owner of any dwelling, dwelling unit, rooming
house, rooming unit 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 Code Enforcement Officer 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 code shall be bound thereby.
All records of the Code Enforcement Department
shall be public. Upon request, the Department shall make a search
and issue a certificate of any of its records, including violations,
and the fee therefor shall be as set by the Common Council.
