A.
This code shall be enforced by the Commissioner.
B.
The Commissioner shall have the power to hold such hearings and to subpoena such witnesses, direct the production of such books and papers as may be necessary to carry out the provisions of this chapter, in addition to the powers granted to the Commissioner and other duly authorized employees of the City by Article VI of this chapter.
A.
When violation declared.
(1)
Whenever the Commissioner shall declare that a property is in violation of this chapter he or she shall have the power to have served a notice or order in the manner prescribed by § 97-25 of this chapter, reciting the facts constituting such violation specifying in what respect the property or procedure is in violation of this chapter and requiring the owner to remove such violation within 10 days after service of such notice or order.
[Amended 2-14-2006 by Ord. No. 2006-22]
(a)
Such notice or order shall provide that if the
owner fails to remove such violation within such period for compliance
so prescribed, the Commissioner shall cause the removal of such violation
by taking such corrective action deemed necessary and shall notify
the owner of his or her right to a hearing as hereinafter provided.
(2)
Whenever such a ten-day notice or order is served,
the owner may, within five days after such service, request a hearing
before the Commissioner or his or her authorized representative charged
with enforcement, and a hearing shall be given such owner prior to
the expiration of the period for compliance so prescribed, and/or
he or she may request an additional period of time within which to
comply with the notice or order, stating the reasons for such request.
The Commissioner or his or her authorized representative may grant
a specified additional period of time for compliance when, in his
or her discretion, he or she finds good reason exists and the danger
to public health and welfare is not increased thereby.
[Amended 2-14-2006 by Ord. No. 2006-22]
(3)
Rules of evidence. The rules of evidence prevailing
in courts of record shall not be controlling in hearings held pursuant
to this chapter.
B.
When violation not removed.
(1)
If such violation is not removed by the owner within
the time heretofore prescribed after service of such notice and order,
the Commissioner shall proceed with the removal of such violation
as provided in the notice and order, or may cause the same to be done.
(2)
If the owner or any other person interferes in any
way with, or causes delay to the taking of corrective action by the
city, the Commissioner may commence a proceeding or action in the
Supreme Court to restrain such interference or delay.
C.
When removal of violation ordered.
(1)
If the Commissioner proceeds to execute a notice or
order issued by it for the removal of a violation, the Commissioner
may let contracts therefor. The cost of executing such notice or order
may be met from any appropriations, made therefore or if such appropriation
has not been made, or is insufficient, from the proceeds of the sale
of obligations pursuant to the Local Finance Law. The Commissioner
shall keep a record of such notices and orders together with the acts
done and items of cost incurred in their execution.
(3)
Notwithstanding the foregoing and an addition to any
other remedy available, the Bureau may maintain an action against
the owner to recover the cost of executing such notice or order.
[Amended 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-176]
Unless an emergency exists, every notice or
order issued by the Commissioner pursuant to this chapter shall be
served at least 10 days before the time for compliance therewith.
It shall be sufficient service of a notice or order of the Commissioner
if it is posted in a conspicuous place upon the premises affected,
and a copy thereof is mailed by first-class mail with delivery confirmation
on the same day it is posted, to the person to whom it is directed
at the address filed by him or her with the Commissioner or City Treasurer's
office, and, if his or her address is not so filed with the Commissioner
or City Treasurer's office, then in such case the notice or order
shall be sent by first-class mail with delivery confirmation to his
or her last known address or place of residence.
[Amended 2-14-2006 by Ord. No. 2006-22]
In case there shall be in the opinion of the
Commissioner actual and immediate danger of disease, injury or damage
to persons, property or the sewer system caused by violations of this
chapter, he or she shall cause the necessary work to be done to the
property to render it temporarily safe, whether the procedure prescribed
in this article for enforcement has been instituted or not.
