[Added 5-17-2004 by Ord. No. 19.51.04]
All property owners or persons owning, occupying or otherwise having control of property within the City of Albany shall at all times maintain that property and the adjoining public ways free of litter and debris, excessive accumulation of animal waste, water and other hazards. Appropriate ground cover shall be properly established and maintained. Heavy undergrowth, weeds and/or overgrowth of plant material which are noxious or detrimental to the public health, safety and welfare shall be eliminated.
Upon complaint, on his or her own motion and after inspection of the property, the Commissioner of the Department of General Services or his or her designee shall notify the property owner or person occupying or having control of the property, as hereinafter provided, of any conditions on the property or sidewalk violating the provisions of Articles IV and/or V of this chapter and require compliance within five calendar days from the date such notice was mailed or within three calendar days of personal service of such notice if said notice is personally served upon the property owner, authorized agent or person or entity in control of the property.
[Amended 2-19-2009 by Ord. No. 73.122.08]
All notices issued hereunder to restrain or correct any violation or to enforce compliance with any provision or requirement of Articles IV and/or V may be served by:
By registered or certified mail to the most current address on file in the Rental Dwelling Registry under § 231-143 of this Code, if any; or
If none is on file, to the most current address on file in the City Department of Assessment and Taxation; or
If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for such person or persons, then such notice may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or
By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules.
Notice by mail to owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the notice may be served by delivering to, and leaving with, such person or persons, or either of them, a copy of said notice, or if said person or persons cannot be found within said state after diligent search, then by posting a copy of the same in the manner as aforesaid and depositing a copy thereof in a post office in the City of Albany, enclosed in a sealed wrapper addressed to said person or persons at their last known place of residence, with the postage paid thereon; and said posting and mailing a copy of said notice shall be equivalent to personal service of said notice.
Hearing. The notice required herein shall indicate that a request for a hearing may be made by the owner of the property alleged to be in violation; which must be made and received by the Commissioner before the expiration of the five-day period set forth in Subsection B. Such request must either be delivered personally to the Department of General Services or mailed by certified mail to the Commissioner. Upon such request duly made and received, a hearing will be held before the Commissioner or a designated officer at a time, date and place set by written notice sent to the owner by regular mail. The hearing shall be held within seven calendar days following receipt of the request and at least two days' notice of the hearing shall be given to the owner. The owner or owner's agent shall be given an opportunity to present evidence and be heard during the hearing. Within five days of the conclusion of the hearing, the notice shall be affirmed, amended, modified or rescinded.
Costs of abatement.
If the owner or person upon whom notice was made fails, neglects or otherwise refuses to timely comply with such notice or fails to attend a hearing scheduled pursuant to Subsection D, the Commissioner shall cause the premises to be put in such condition to correct the violation(s) cited and comply with the provisions of this chapter; the costs of which, together with a 15% surcharge for inspection and other administrative costs in connection therewith, shall be certified and filed with the City Treasurer who shall render a bill to the owner and/or the person who or entity which pays the taxes on said lot or parcel of land for payment.
The aforesaid charges, if unpaid for 20 days, shall become a lien upon said property and shall be added to, become and form a part of the taxes to be next assessed and levied upon such parcel, shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.
The assessment of the cost for the work done by the City upon the property involved shall be in addition to the penalties imposed herein for any violation or noncompliance with any provision of this chapter, and the City may initiate legal proceedings against such person to recover all such costs.
No costs assessed herein shall be added to the tax bill nor shall any legal action be instituted by the City to recover such costs until the owner or other persons to be charged have been afforded an opportunity to be heard at a hearing convened by the Commissioner or his/her designee in accordance with rules promulgated by the Commissioner.
Rules and regulations. The Commissioner is hereby authorized to promulgate rules and regulations not inconsistent with the provisions of this article and necessary to effectuate the same.
Appeal. Any person or persons aggrieved by a decision of the Commissioner or his designee may file an administrative appeal with the Board of Zoning Appeals in the manner prescribed in Chapter 375 of the Code of the City of Albany, and thereafter in accordance with the provisions of Article 78 of the New York Civil Practice Law and Rules.
[Amended 5-15-2017 by Ord. No. 26.31.17]