[Added 5-17-2004 by Ord. No. 19.51.04]
A.
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.
B.
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. However, the Commissioner or their designee may require immediate compliance when he or she determines that a condition violating the provisions of Articles IV and/or V of this chapter exists and such condition poses a threat to the health and safety of the building's occupants or the general public, and the owner or person occupying or having control of the property is persistently noncompliant with Subsection A of this section.
[Amended 2-19-2009 by Ord. No. 73.122.08; 10-19-2020 by Ord. No. 14.72.20; 7-8-2021 by Ord. No. 17.61.21]
(1)
Upon receiving a complaint, including but not limited to "See Click
Fix," the Commissioner or their designee shall inspect the property
or properties.
[Amended 8-7-2023 by Ord. No. 17.42.23]
C.
Notice.
(1)
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:
(b)
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
(c)
If none is on file, to the most current address
on file in the City Department of Assessment and Taxation; or
(d)
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
(e)
By any other method of service authorized pursuant
to Article 3 of the Civil Practice Law and Rules.
(2)
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.
(3)
Notice for repeat violations. If an owner has been found liable under
this chapter, the Department is not required to give the violator
a reasonable time to correct repeat violations of this chapter which
occur at the same property. Notice of a hearing on such alleged repeat
charges shall state that a hearing shall be held on the repeat charge(s),
unless waived, and the Department may levy a fine upon a finding of
liability, even if the alleged repeat violation(s) have been corrected
prior to the date of the hearing.
[Added 8-7-2023 by Ord. No. 17.42.23]
D.
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, or, in the event that the Commissioner or their designee has determined that an alleged violation has warranted immediate compliance under Subsection B of this section, a request for a hearing must be made as soon as is practicable. 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.
[Amended 7-8-2021 by Ord. No. 17.61.21]
E.
Costs of abatement.
(1)
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 25% 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.
[Amended 10-19-2020 by Ord. No. 14.72.20]
(2)
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.
(3)
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.
(4)
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.
F.
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.
G.
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]
H.
Penalties
for offenses. Any person who engages in unlawful conduct as defined
in this article shall be punishable by a fine of $100 for the first
offense. The fine for each subsequent offense shall increase by $250
but may not exceed $1,000.
[Added 10-19-2020 by Ord. No. 14.72.20; amended 8-7-2023 by Ord. No. 17.42.23]
