Any notice of violation provided for in §
149-43A shall automatically become a final order if written request for a hearing is not filed in the office of the Commissioner within five days after receipt of the notice. A copy of the order shall be served as provided in §
149-3A of this chapter.
Whenever it is determined that the condition of a dwelling, dwelling unit, rooming house, rooming unit or premises is in violation of any applicable code which is not provided for by this chapter or which is provided for by a higher standard of such other law, code, ordinance or regulation, as provided in Article
I, §
149-4, such condition or violation shall be referred to the appropriate authority.
[Amended 2-9-1977, approved 2-10-1977; 10-25-1978, approved 10-26-1978]
Whenever the Commissioner finds that a violation of this chapter exists which, in his opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or of the public, he 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. The order citing the violation shall also specify the time within which the said hazard or danger must be abated. Said time period shall not be less than eight hours and the said order shall also state that in the event the said hazard or danger is not abated within the time period specified in the order, the Commissioner of Buildings will take the steps necessary to abate the danger or hazard and the expenses of such abatement will be charged to the owner as provided in §
149-58 of this article.
[Amended 2-9-1977, approved 2-10-1977; 2-25-1981, approved 2-26-1981]
Whenever any violation of this chapter, in the opinion of the Commissioner with the concurrence of the Corporation Counsel, causes a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or the public, the Commissioner shall notify the owner of the property or his agent of said hazard by either personal service of the notice required in §
149-46 hereof or by posting said notice conspicuously upon the property in question and by telephone communication with said owner or his agent, and as to the aforesaid telephonic communication, at the telephone number designated by the owner for that purpose, at least three attempts to contact said owner or his agent shall be made, by mailing said notice by certified mail, return receipt requested, to said owner or agent at its last known address. Thereafter, the Commissioner may take such direct action as is necessary to abate the hazard or danger; provided, however, that expenditures in excess of $5,000 shall require prior approval of the City Council. Expenses incurred in the execution of such orders shall be recovered as provided in §
149-58 of this article.
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, and such action shall be deemed compliance.
At the end of the period specified in the notice of violation or any extension thereof, it shall be the duty of the Commissioner 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 §
149-41C(4) of this article. Additional notices of violation may be issued as a result of such reinspection.
The Commissioner 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 Commissioner shall keep on file a copy of such
notice or order in his office. Such recording shall constitute appropriate
notice of such violation, infraction or order to any subsequent purchaser,
transferee, grantee, mortgagee or lessee of the property affected
thereby.
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 Commissioner 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 shall be bound
by any notice or order issued and filed pursuant to this chapter.
Upon request, the Department of Buildings shall be required
to make a search and issue a certificate of any of its public records,
including violations, and shall have the power to charge and collect
reasonable fees for such searches or certificates.
[Amended 10-25-1978, approved 10-26-1978]
Any person affected by any notice of violation issued in connection with the enforcement of any provision of this chapter, except as provided for in §
149-46 of this article, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing before the Commissioner, provided that such person shall file in the office of the Commissioner a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom orders may be served and setting forth the reasons why such notice of violation should be modified or withdrawn. If this request is filed within five days after the service of notice of violation, compliance with such notice of violation shall not be required while the hearing is pending.
Upon receipt of a request for a hearing as provided in §
149-54, the Commissioner shall set a time and a place for such hearing and shall give the applicant at least 10 days' written notice thereof. Such hearing shall commence not later than 30 days after the date on which the request was filed; however, hearings may be postponed beyond such thirty-day period for good and sufficient reason. At such hearing, the applicant or his representative shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
[Amended 10-25-1978, approved 10-26-1978]
After a hearing held in accordance with §§
149-54 and
149-55 of this article and on consideration of the evidence presented, the Commissioner shall sustain, modify or withdraw the notice. If the notice of violation is sustained or modified, such decision shall be deemed a final order and shall be served as provided in §
149-43A of this article on the person or persons whom the Commissioner shall find to be responsible for the violation. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the Commissioner shall have the power to authorize a variance from the provisions of this chapter, provided that the intent of the chapter shall be observed with respect to the safeguarding of public health, safety, morals and welfare.
The Commissioner shall keep a summary of testimony and a copy
of every relevant notice or order, the request for a hearing, entries
of appearance, findings of fact, if any, and the final determination,
and such record shall be maintained as a public record.
[Amended 2-9-1977, approved 2-10-1977; 10-25-1978, approved 10-26-1978; 11-10-2004, approved 11-12-2004]
The Commissioner of Buildings, with the assistance of the Corporation Counsel, shall cause the expenses incurred pursuant to §§
149-46 and
149-47 of this article plus a service charge of 25% to be charged against the land on which the building or structure existed, as a municipal lien, or cause such costs to be added to the tax roll as an assessment or to be levied as a special tax against the land upon which the building or structure stands or did stand, or such costs may be recovered by the City of Mount Vernon in a civil action.