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.
(2) 
The cost of executing such notice or order for the removal of a violation shall be assessed to the owner in the manner prescribed by the Charter and ordinances of the City of Rochester.[1]
[1]
See Charter § 6-91D and Ch. 14, § 14-10.
(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.