[Amended 6-4-2003 by Ord. No. 2003-12; 12-5-2007 by Ord. No. 2007-13]
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A. 
The Director of Planning and Development or designee shall administer and secure compliance with the applicable housing standards.
B. 
The Director of Planning and Development or designee shall have as his/her representatives such assistants and inspectors as may be necessary to carry out effectively the powers and duties of his/her office.
C. 
All personnel shall be qualified and appointed as prescribed by law and shall be furnished with appropriate official badges or identification cards.
D. 
All personnel shall be free from personal liability for acts done in good faith in the performance of their official duties."
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A. 
The Director of Planning and Development 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.
B. 
The Director of Planning and Development, his/her assistants and inspectors shall be authorized to conduct surveys of housing in any area of the municipality to determine the condition of the premises, extent of deterioration, the lack of facilities, inadequate maintenance, unsafe and unsanitary conditions, the extent of overcrowding, land use and other relevant factors.
C. 
It shall be the duty of the Director of Planning and Development or designee:
(1) 
To cause periodic rental housing inspections to be made at least once every five years of all rental dwelling units that are either a single-family unit or a two-family unit, at least once every three years of all rental dwellings with three or more units or rental dwelling units with five or more unrelated occupants residing with any one family and at least once a year of all student housing, dormitories, fraternities and sororities, for compliance with the New York State Uniform Fire Prevention and Building Code, New York State Multiple Residence Law, City of Ithaca Municipal Code and all applicable housing standards. Inspections may be made more often or of any dwelling unit at the discretion of the Director of Planning and Development or designee.
(2) 
To cause an investigation of all complaints of alleged housing violations or other unsafe or unsanitary conditions.
(3) 
To order, in writing, the remedying of all conditions found to exist in or on any premises in violation of provisions of the housing standards or of rules and regulations adopted by the agency, to state in the violation order a reasonable time limit for compliance therewith and, where necessary, to order the vacation of premises found unfit for human habitation.
(4) 
To request the chief legal officer of the municipality to take appropriate legal action in the name of the agency upon failure of the responsible party to comply with such violation order within the time specified therein.
(5) 
To cause a search of the municipality's records of housing violations existing on any premises and to issue a certified statement thereof upon receipt of written request and payment of any fees required by local law or ordinance.
(6) 
To study housing conditions in the municipality.
(7) 
To cooperate with other municipal, governmental and private agencies engaged in the study and improvement of housing conditions.
D. 
Where violations of the housing standards exist and pose an immediate hazard or danger to the health, safety or welfare of building occupants or of the public, the Director of Planning and Development or designee may, without prior notice or hearing, issue an order citing the violation and directing such action by such municipal officer, department or board as is necessary to remove or abate the immediate hazard or danger. Notwithstanding any other provision of this code, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
A. 
Inspectors shall be authorized and shall 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 agency personnel acting in the performance of their duties. In the event of refusal or failure to provide such access as herein provided, a warrant may be issued by the City Judge and/or an appearance ticket may be issued by the office of the Director of Planning and Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
The Director of Planning and Development or designee shall keep records of all complaints received, inspections made and violations found regarding premises regulated by the housing standards. Records shall be kept in a manner and form as prescribed by local law, ordinance or regulation or direction of the Housing Board of Review and shall be available for public inspection.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A. 
The Housing Board of Review shall consist of five persons, each to serve a term of three years. The members of the Board that is in existence at the time of the passage of this chapter shall continue to the end of their previously appointed terms. The Mayor shall appoint persons to fill vacancies that occur at the termination of such terms or due to resignation, in which case the appointment will be made to fill out the term from which the member resigned.
B. 
The Secretary of the Board shall be the Director of Planning and Development or designee. The Board of Review shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and all its orders and resolutions shall be in accordance therewith. These rules and regulations shall be in effect when filed with the City Clerk. The Board, at its first meeting of the year, shall elect one of its own members as Chairperson. In the absence of the Chairperson at any meeting, the Board shall choose an Acting Chairperson for that meeting.
C. 
The duties of the Housing Board of Review shall be to hear appeals for variances from the orders of the Director of Planning and Development or designee and to afford relief in such cases where, in its opinion, strict enforcement of the order would create practical difficulties or unnecessary hardship.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
The following rules shall govern hearings by the Housing Board of Review:
A. 
Petition.
(1) 
Any person cited with a violation of this chapter and ordered to correct the violation may appeal such citation or apply for a variance from compliance with a specific section of this chapter, provided that such person shall file with the Secretary of the Board a written petition requesting a hearing by the Housing Board of Review and setting forth a statement of the grounds therefor within 10 business days after the service of such notice of violations. Any such person who properly files a petition shall be granted a hearing before the Housing Board of Review.
(2) 
Any person issued an order by the Director of Planning and Development or designee to vacate a building due to a violation of this chapter or due to imminent danger as stated in the Property Maintenance Code of New York State shall be granted a hearing before the Housing Board of Review, provided that such person shall file with the Secretary of the Board a written petition requesting such hearing and setting forth a statement of the grounds therefor within five business days after the service of such order.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
Time of hearing. The hearing before the Housing Board of Review shall be held not later than 30 days after the date on which the petition was filed. Postponement of the hearing shall be for good and sufficient reasons and shall be mutually agreed upon by the Board and the petitioner.
C. 
Right of petitioner at hearing. At the hearing, the petitioner or his/her agent shall be given an opportunity to be heard and to show cause why such notice of violations or order should be modified or withdrawn.
D. 
Order of Board. After such hearing, the Board of Review shall sustain, modify or withdraw the notice of violations or order, depending upon its findings. The Board may also extend the time specified for compliance if the case warrants such extension.
E. 
Record. The proceedings at such hearings, including the findings and decision of the Housing Board of Review, shall be summarized and entered as a public record at the office of the City Clerk. Such record shall also include a true copy of every notice and order issued in each case.
A. 
Right to review. Any person aggrieved by any decision of the Housing Board of Review may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
B. 
Time limit for instituting action. Such action shall be instituted within 30 days from the time any order or determination of the Housing Board of Review becomes final.