[Amended 6-5-2013 by Ord. No. 2013-15]
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."
[Amended 6-5-2013 by Ord. No. 2013-15]
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.
[Amended 6-5-2013 by Ord. No. 2013-15]
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.
[Amended 6-5-2013 by Ord. No. 2013-15]
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.
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]
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.