[HISTORY: Adopted by the Council of the City of Mount Vernon 5-13-1981, approved 5-14-1981. Amendments noted where applicable.]
Department of Public Works — See Charter, Art. IX.
Unsafe buildings — See Ch. 106.
The provisions of this chapter shall apply to work caused to be performed by the Commissioner of Public Works pursuant to § 105-b of the Charter of the City of Mount Vernon. The procedures authorized herein apply after the Commissioner of Public Works has abated the nuisance and billed the owner in accordance with the provisions of § 105-b. Definitions of the terms used herein shall be in accordance with the definitions of such terms as provided in § 105-b unless otherwise provided by law or ordinance. Nothing herein contained shall be construed to abrogate the duties of the Commissioner of Public Works as prescribed in § 105-b of the Charter.
In the event that the Commissioner of Public Works has caused to remove a nuisance pursuant to § 105-b of the Charter of the City of Mount Vernon, he shall seek to collect the expense of abating such nuisance in the manner provided herein:
In accordance with § 105-b, if after a period of 10 days the owner fails to pay the expense of abating such nuisance, the Commissioner shall deliver to the City Council a statement certifying the cost of the work performed.
The Commissioner shall thereupon notify the owner in the manner described in § 105-b that the cost of abating such nuisance has been certified to the City Council and that such expense shall be chargeable and become a lien upon the premises unless the owner requests a hearing within five days after receipt of such notice.
In the event that the owner fails to request a hearing in the prescribed period of time, the Commissioner shall certify to the City Council that the owner has been notified and has failed to request a hearing. The Council may thereafter proceed to charge the property, create a lien thereon and seek to cause the collection of same.
The Deputy Commissioner or his designee shall serve as Hearing Officer. The owner, his authorized representative or attorney may appear at such hearing and present evidence in his own behalf.
Not later than seven days following such hearing, the Hearing Officer shall recommend that the Commissioner confirm the amount of the expense or modify the expense or vacate same and the reasons therefor.
Within five days after receipt of the Hearing Officer's recommendation, the Commissioner shall make a decision as to the cost, if any, to be charged and levied on the property and shall forthwith notify the owner and City Council. The Council may thereafter proceed to charge the property, create a lien thereon and seek to cause the collection of same.