[Amended 9-6-1967 by L.L. No. 1-1967; 8-14-2002 by L.L. No. 5-2002]
A. 
The Department of Buildings, under the direction and supervision of the Building Inspector, shall be charged with the duty of administering the applicable housing standards and securing compliance therewith and shall be empowered to adopt rules and regulations necessary for securing such compliance, provided that such rules and regulations shall not be in conflict with the applicable housing standards and are approved by the Common Council.
B. 
The Department of Buildings shall be authorized to conduct surveys of housing in any area of the City to determine the conditions of premises, extent of deterioration, lack of facilities, inadequate maintenance, unsafe and insanitary conditions, extent of overcrowding, land use and other relevant factors.
C. 
The Building Inspector and other personnel of the Department of Buildings shall be free from personal liability for acts done in good faith in the performance of their official duties.
It shall be the duty of the Building Inspector:
A. 
To cause periodic inspections to be made, not less than once every five years, of all premises within the scope of applicable housing standards.
B. 
To cause an investigation of all complaints of alleged housing violations or other unsafe or insanitary conditions.
C. 
To order in writing the remedying of all conditions found to exist in or on any premises in violation of the provisions of this chapter or of the rules and regulations adopted by the Department of Buildings; to state in the violation order a reasonable time for compliance therewith; and, where necessary, to order the vacation of premises found unfit for human habitation.
D. 
To request the Corporation Counsel to take appropriate legal action in the name of the City upon failure of the responsible party to comply with such violation order within the time specified therein.
E. 
To cause a search of said Department's records of housing violations on any premises and to issue a certified statement thereof upon receipt of a written request and payment of any fees required by the City.
F. 
To study housing conditions in the City.
G. 
To cooperate with other municipal, governmental and private agencies engaged in the study and improvement of housing conditions.
H. 
To submit to the City Manager an annual report of housing conditions in the City, accomplishments of the Department of Buildings and recommendations for the future.
A. 
The Building Inspector and his subordinates shall be authorized and have the right, in the performance of their duties, to enter any premises during normal business hours and in emergencies whenever necessary to protect the public interest.
B. 
Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to authorized City personnel acting in the performance of their duties.
Whenever the Building Inspector determines that there has been a violation of any of the provisions 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 the violation. Such notice shall specify in writing the alleged violation, provide a reasonable time for compliance and be served upon the owner, agent, operator or occupant, as the case may require.
Where violations of this chapter exist and pose an immediate hazard or danger to the health, safety or welfare of the occupants of a building or of the public, the Building Inspector may issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. If such a violation has not been corrected within the time specified in the order, the Building Inspector may take such action as is necessary to remove or abate the hazard or danger. Expenses incurred in connection therewith shall be recovered as provided in § 108-51 hereof.
The expenses incurred pursuant to § 108-50 herein shall be paid by the owner or occupant of the premises or by the person who caused or maintained the violation. The Building Inspector may institute suit in the name of the City to recover such expenses against any person liable for such expenses or may cause such expenses to be charged and assessed against the property as a lien upon certification of the amount therefor to the City Comptroller. If such expenses are not paid within 10 days after demand, the amount thereof shall be added to and become part of the taxes next to be assessed and levied upon the said premises and shall be collected and enforced in the same manner as taxes.
The Building Inspector may extend the compliance time specified in any notice or order issued under the provisions of this chapter where there is evidence of an intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
Any person affected by any notice of violation issued in connection with the enforcement of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing before the City Manager, provided that such person shall file in the office of the City Manager a written request for such hearing within 10 days after the service of notice of violation, setting forth a brief statement of the grounds therefor. The City Manager shall set a time and place for such hearing within 30 days after the date on which the request was filed. After a hearing and in consideration of the evidence presented, the City Manager shall sustain, modify or withdraw the notice of violation. Where there are practical difficulties or unreasonable hardships in the literal enforcement of the provisions of this chapter, the City Manager shall have 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 safety, health and welfare.
Any person or persons jointly or severally aggrieved by any order of any officer or department of the City may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules.
The Department of Buildings shall keep records of all complaints received, inspections made and violations found regarding premises regulated by this chapter. Records shall be kept in a manner and form as prescribed by the City Manager.
Every person who shall fail to comply with a violation order issued by the Department of Buildings within the time specified therein or shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than $1,000. For violations of Chapter 104 of this Code, each ten-day period after notification of violation shall be deemed a separate offense; and, for all other violations, each day such violation continues shall constitute a separate offense.
If a term, part, provision, section, subsection or paragraph of this chapter shall be held unconstitutional, invalid or ineffective in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subsections and paragraphs.