[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.
