[Amended 12-2-2013 by L.L. No. 5-2013]
A.
The Department
of Buildings and Regulatory Compliance of the City of Albany, New
York, is hereby designated as the agency to administer and secure
compliance with this code. Such agency is hereinafter referred to
as "the Department."
B.
The Department
shall be under the direction and charge of the Commissioner of the
Department of Buildings and Regulatory Compliance as chief officer
of said Department, who shall have as his representatives such assistants
and inspectors as may be necessary to carry out effectively the powers
and duties of the Department.
C.
All personnel
of the Department shall be qualified and appointed as prescribed by
the laws of the City of Albany and the rules and regulations of the
Department of Buildings and Regulatory Compliance.
[Added 4-16-2001 by Ord. No. 4.11.01]
A violation of the State Uniform Fire Prevention
and Building Code (9 NYCRR, Subtitle S, Chapter I; hereinafter "Uniform
Code") shall be a violation of this chapter, punishable as hereinafter
set forth.
A.
The Bureau shall be charged with the duty of administering this code and securing compliance therewith except as restricted by Subsection C and shall be empowered to adopt rules and regulations necessary for securing such compliance and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with this code.
B.
It shall be the duty of the chief officer:
(1)
To cause periodic inspections to be made of all premises
within the scope of this code, to cause an inspection to be made upon
the sale of any housing accommodations covered by this code and, at
the request of the buyer or seller, to make such inspection prior
to the closing of title for such premises.
(2)
To cause an investigation of all complaints of alleged
housing violations or other unsafe or insanitary conditions. All complaints
must be in writing, setting forth the alleged violation or other unsafe
or insanitary conditions, and shall be signed by the complainant with
his, her or their address. Such complaints should be filed with or
addressed to the chief officer, Bureau of Code Enforcement, City of
Albany, New York. The name of the complainant shall not be revealed
except as may be required in the course of legal action.
(3)
To request the Corporation Counsel of the City to
take appropriate legal action in the name of the Bureau upon failure
of the responsible party to comply with any violation order within
the time specified therein.
(4)
To cooperate with other municipal governmental agencies
engaged in the survey, study and improvement of housing conditions.
(5)
To issue a certificate of compliance for premises
which satisfy the requirements of this code.
(6)
To charge such fees as may be established by the Common
Council of the City of Albany.
(7)
To submit to the Mayor an annual report of the Bureau
and recommendations for the future.
C.
Violations of such provisions of this code which are
specifically covered by or within the scope of the Sanitary Code of
the Albany County Health District and/or the Public Health Law of
the State of New York shall be referred to the County Commissioner
of Health or his designated representative. These referrals shall
be for the following purposes:
(1)
To make inspections of said referred alleged violations
and report in writing such findings to the chief officer of the Bureau
of Code Enforcement.
(2)
At the time of submitting such report, the County
Commissioner of Health or his designated representatives making the
report shall inform the chief officer of the Bureau in writing that:
(a)
All or part of the violations contained in the
report will be administered by and compliance secured in accordance
with the provisions of said Sanitary Code and/or Public Health Law;
or
(b)
All or part of the violations contained in the
report may be administered by and compliance secured in accordance
with the provisions of the Housing Code of the City of Albany, and
the inspector making such inspection shall cooperate with the chief
officer of the Bureau to obtain compliance. The items of violation
contained in the report shall be included in any notice or order issued
by the chief officer of the Bureau and in all legal proceedings pertaining
thereto.
D.
Authorized personnel of the City of Albany Department of Fire and Emergency Services are hereby empowered to issue notices and orders and all related papers pursuant to §§ 231-108, 110 and 113 of this Code if, in the course of their duties, reasonable grounds to believe that there has been a violation of any provision of this Code, or any rule or regulation adopted pursuant thereto, is determined.
[Added 9-18-1995 by Ord. No. 19.51.94; amended 4-16-2001 by Ord. No. 4.11.01]
The chief officer of the Bureau is authorized
to make or cause to be made inspections to determine the conditions
of premises in order to safeguard the health, safety and welfare of
the general public. The inspection hereinabove authorized shall be
made between the hours of 10:00 a.m. and 4:00 p.m. on any day of the
week, exclusive of Saturdays, Sundays and all legal holidays. The
inspection shall be made in such a manner and at such a time within
the hours hereinabove prescribed so as to cause the least possible
inconvenience to the persons in possession thereof.
A.
The chief officer or his designated representative
upon presenting himself for the purpose of making an inspection shall
exhibit proper identification and state the purpose of his business
on the premises. The chief officer or his designated representative,
with the permission of either the owner, operator, agent or occupant
thereof, is then authorized to enter, examine and survey the dwelling,
dwelling unit or premises in the discharge of his official duties.
The inspection shall be made in such a manner so as to cause the least
possible inconvenience to the persons in possession thereof. The owner,
operator, agent or occupant may refuse entry at the time the request
is made by the chief officer or his designated representative; however,
should permission to enter and make inspection be not granted within
10 days thereafter, the chief officer shall enforce entry according
to the laws pertaining thereto.
B.
Every occupant of a dwelling, dwelling unit or premises
shall give the owner or his operator, agent or employee access to
any part of said dwelling, dwelling unit or premises at any reasonable
hour for the purpose of making repairs or alterations which are necessary
to effect compliance with the provisions of this code or any lawful
order issued pursuant thereto.
Inspectors and authorized personnel of the Bureau
shall be supplied with official identification and shall exhibit such
identification when entering any premises and all parts thereof.
[Amended 9-18-1995 by Ord. No. 19.51.94; 4-16-2001 by Ord. No. 4.11.01]
Whenever City personnel authorized in this article determine 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 Code, or any rule or regulation adopted pursuant thereto, (s)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 order for compliance within such time as specified therein, but in no case longer than 30 days, and shall be served upon the responsible party or parties in the manner provided in Chapter 133A of this Code.
[1]
Editor's Note: Former § 231-109,
Final order, was repealed 4-16-2001 by Ord. No. 4.11.01.
[Amended 4-16-2001 by Ord. No. 4.11.01]
Whenever the chief officer of the Bureau at any stage of the proceedings instituted under the provisions of this code finds that a violation of this code exists which, in his or her 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 or she may, without prior notice or hearing, issue a notice and order, served in the manner provided in Chapter 133A of this Code, citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate. Notwithstanding any other provision of this code, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
[1]
Editor's Note: Former §§ 231-111,
Extension of compliance time, and 231-112, Transfer of ownership,
were repealed 4-16-2001 by Ord. No. 4.11.01.
[1]
Editor's Note: Former §§ 231-111,
Extension of compliance time, and 231-112, Transfer of ownership,
were repealed 4-16-2001 by Ord. No. 4.11.01.
Records shall be kept of all complaints received,
inspections made, violations and actions taken regarding premises
regulated by this code. Records of inspections made, violations found
and actions taken regarding premises regulated by this code shall
be available for public inspection.
Unfit premises shall be as follows:
B.
The structure lacks ventilation, sanitation, heat
or other facilities adequate to protect the health and safety of the
occupants or the public.
C.
The structure or premises is damaged, decayed, dilapidated,
insanitary, unsafe or vermin-infested in such a manner as to create
a serious hazard to the health and safety of the occupants or the
public.
D.
The structure or premises, because of the location,
general conditions, state of the premises or number of occupants,
is so insanitary, unsafe, overcrowded or otherwise detrimental to
health and safety that it creates a serious hazard to the occupants
or the public.
E.
The structure, because of the failure of the owner
or occupant to comply with such notices or orders issued pursuant
to this code, is unfit for human habitation.
[Amended 4-16-2001 by Ord. No. 4.11.01]
Whenever the chief officer of the Bureau determines that a dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit is unfit for human habitation as provided in § 231-114, he shall include such finding within the notice and order provided for in § 231-108 or 231-110, and he shall also include a statement of his intent to order the premises to be vacated and to post necessary notices on the dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit if compliance with the provisions of the notice of violation has not been secured.
[Amended 4-16-2001 by Ord. No. 4.11.01]
Whenever a notice and order, as provided in § 231-115, has not been complied with, the chief officer of the Bureau may post a notice on the premises and order the premises or any part thereof to be vacated. A copy of such order to vacate shall be served on the owner, agent or operator and the occupant in the same manner as the case may require as provided for serving notice and order in § 231-108.
Any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit designated as unfit for human habitation pursuant to § 231-114 and ordered that a notice be posted and vacated as provided in § 231-116 shall be vacated within such reasonable time as the chief officer of the Bureau may specify in the order. No such dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit shall again be used for human habitation and said posted notice removed until written approval is secured from the chief officer of the Bureau.
No person shall deface or remove the posted notice from any dwelling, dwelling unit, lodging house, lodging unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in § 231-117.
The owner, agent, occupant or operator of any
dwelling, dwelling unit, lodging house, lodging unit, rooming house
or rooming unit which has been designated as unfit for human habitation
and vacated shall make such dwelling, dwelling unit, lodging house,
lodging unit, rooming house or rooming unit safe and secure in whatever
manner the chief officer of the Bureau shall deem necessary. Any vacated
building, open at the doors and windows, if unguarded shall be deemed
dangerous to human life and a nuisance within the meaning of this
provision.
[Amended 4-16-2001 by Ord. No. 4.11.01]
Whenever the chief officer of the Bureau designates a building unfit for human habitation, as provided in this code, and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice and order provided for in § 231-108 or § 231-110 a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner, occupant, lessee and mortgagee, in the same manner as provided for service of notice of violation in § 231-108. The owner may demolish such structure or correct the violation regardless of cost, provided that the requirements of the Building Code in effect at the time of attempted compliance are satisfied.
[Amended 4-16-2001 by Ord. No. 4.11.01]
Whenever a notice of violation as provided in § 231-120 of this code has not been complied with, the chief officer of the Bureau may order the building demolished. Such order shall be served on the same parties provided in § 231-120 and in the same manner as provided for service of notice and order in § 231-108, and demolition shall be completed within the time specified by the chief officer of the Bureau.
Whenever a notice and order to remove a violation or secure, vacate or demolish a building has not been complied with and when such failure to comply is deemed by the chief officer of the Bureau to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or take such other legal action as is necessary to abate the nuisance. Whenever the chief officer of the Bureau determines that such nuisance exists, he shall record sufficient proof to support such determination. Abatement authorized by this section shall not commence until at least 30 days after service of such order, except as provided in § 231-110.
The expenses incurred pursuant to § 231-122 of this code shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other violation. The chief officer of the Bureau shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized by § 231-122. The chief officer of the Bureau may institute a suit to recover such expenses against any person liable for such expenses. Such expenses shall be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which has priority over the lien of any recorded mortgage or lien on such property executed and recorded prior to the existence of a lien herein authorized.
No officer, agent or employee of the City of
Albany, New York, shall be personally liable for any damage that may
accrue to person or property as a result of any official determination
order or action required or permitted in the discharge of his duties
under this code. Any suit brought against any officer, agent or employee
of the City of Albany, New York, as a result of any official determination
order or action required or permitted in the discharge of his duties
under this code shall be defended by the Corporation Counsel until
the final determination of the proceedings therein.
[Added 4-16-2001 by Ord. No. 4.11.01]
Whenever an authorized employee of the Department of Fire, Emergency and Building Services determines that a person has failed to comply with a notice and order issued under this chapter, such persons may issue, without further notice to the person responsible for such violation, an appearance ticket returnable in the City Court for the prosecution of said violation pursuant to the provisions of Chapter 11, or take such other enforcement procedures as may be authorized by law.
[Amended 11-7-1983; 9-18-1995 by Ord. No. 19.51.94; 4-16-2001 by Ord. No. 4.11.01]
A.
In the event that there is no action undertaken by
the owner or his agent within the time stated in a notice issued under
this chapter, such lack of action shall be considered prima facie
evidence of failure to comply with the requirements set forth in the
notice.
B.
Any person who shall knowingly violate or assist in the violation of this Code or of the Uniform Code or who fails to comply with a notice and order or other like directive issued by the authorized City personnel within the time stated thereon shall, upon conviction, be subject to penalties as set forth in Chapter 133A of this Code.
The Corporation Counsel shall, upon complaint
of the chief officer of the Bureau or upon his own motion, institute
appropriate action to restrain, prevent, enjoin, abate, correct or
remove violations of this code and to take such other legal action
as is necessary to carry out the terms and provisions of this code.
The remedies provided for herein shall be cumulative and not exclusive
and shall be in addition to any other remedies provided by law and
as provided in this section; any and all remedies may be pursued concurrently
or consecutively, and the pursuit of any remedy shall not be construed
as an election or the waiver of the right to pursue any and all of
the others.
[Amended 4-16-2001 by Ord. No. 4.11.01]
Any person or persons jointly or severally aggrieved
by any notice and order of the chief officer of the Bureau may appeal
to the Board of Zoning Appeals in the manner prescribed in the Chapter
551, Section 1, Article 7 and Article 8, of the Laws of the City of
Albany.
