The Code Enforcement Officer of the Village
of Angola is authorized to make or cause to be made inspections to
determine the condition of dwellings, dwelling units, rooming houses,
rooming units and premises in order to safeguard the health, safety,
morals and welfare of the public. The Code Enforcement Officer, or
his designated representative, is authorized to enter any dwelling,
dwelling unit, rooming house, rooming unit, or premises at any reasonable
time during daylight hours, or at such other time as may be necessary
in an emergency, for the purpose of performing his duties under this
chapter.
The owner, operator, or occupant of every dwelling,
dwelling unit, rooming house, rooming unit or premises shall give
access to such dwelling, dwelling unit, rooming house, rooming unit
or premises for the purpose of such inspections at any reasonable
time during daylight hours, or at such times as maybe necessary in
an emergency.
Inspectors and authorized personnel of the Code
Enforcement Officer's department shall be supplied with official identification
and, upon request, shall exhibit such identification when entering
any dwelling, dwelling unit, rooming house, rooming unit or premises.
A.
Investigation. Whenever the Code Enforcement Officer
determines that there has been a violation or that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter or any rule or regulation adopted pursuant thereto,
he shall cause an investigation of the premises to be made and an
inspection report submitted to the Village Board and filed in his
office within a reasonable time of completion of the investigation.
B.
Report. After the report is filed as provided above,
and if the report shall confirm the existence of a violation, the
Code Enforcement Officer shall cause a notice to be served upon the
owner, executor, administrator, agent, lessee, or any person or persons
having a vested or contingent interest in the subject substandard
building, as shown by the records of the Receiver of Taxes of the
Village of Angola or of the County Clerk of the County of Erie.
The notice shall contain a description of the
building or structure in question, with particulars which set forth
the manner in which the building or structure is in violation, and
the notice shall also outline the manner in which the violation is
to be cured. The notice shall contain an order requiring the violation
to be corrected; and if the service of the notice is made by registered
mail, a copy of the notice shall be posted on the premises.
Within 10 days of the receipt of the notice
set forth above, the person who receives the notice may certify his
written acceptance or rejection of the particulars and order contained
in the notice, by either personal service or by registered mail upon
the Code Enforcement Officer or a person designated by him to accept
service on his behalf. Any failure on the part of the person receiving
the notice to respond as herein prescribed shall constitute a rejection
of the notice.
If the person served with the notice shall immediately
certify his assent to the directions of the Code Enforcement Officer,
he shall be permitted 72 hours within which to commence the abatement
of the violation affecting the building or structure and shall employ
sufficient labor and assistance to do so within a reasonable time
thereafter. The person served with the notice shall notify the Code
Enforcement Officer upon abatement of the violation from such building
or structure. The Code Enforcement Officer shall thereafter issue
a certificate of compliance.
The Code Enforcement Officer may extend the
compliance time specified in any notice or order issued under the
provisions of this chapter where there is evidence of intent to comply
within the period specified, provided that reasonable conditions exist
which prevent immediate compliance.
Any person affected by the notice described in § 127-36 of this chapter may request and shall be granted a hearing on the matter before the Board of Trustees, provided that such person shall file a verified petition with the Board of Trustees within 10 days after the day the notice was served upon the petitioner requesting the hearing, setting forth a brief statement of the grounds therefor. Upon receipt of said petition, the Board of Trustees shall set a time and place for a hearing and shall give the petitioner 10 days' written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to give reasons why the order should be modified or withdrawn. The hearing shall be commenced not later than 20 days after the day on which the petition was filed; provided that, upon application of any interested party, the Board of Trustees may postpone the date of hearing for any reasonable time beyond the twenty-day period if, in its judgment, the interested party has submitted a good and sufficient reason for the postponement, but in no event shall the hearing be postponed longer than 60 days. In any case, if no such written petition shall be so filed within the ten-day period as aforesaid, or if the notice shall be rejected, the person served shall comply therewith, or he shall be guilty of a violation.
Whenever the Code Enforcement Officer finds
that a violation of this chapter exists which, in his opinion, requires
immediate action to abate a direct hazard or immediate danger to the
health, safety, morals or welfare of the occupants of a building or
of the public, he may, without prior notice, issue an order citing
the violation and directing that such action be taken as is necessary
to remove or abate the hazard or danger. Such order may include an
order to vacate. Notwithstanding any other provision of this chapter,
such an order shall be effective immediately upon service and shall
be complied with immediately or as otherwise provided.
Whenever any violation of this chapter which,
in the opinion of the Code Enforcement Officer, causes a direct hazard
or immediate danger to the health and safety of the occupants of a
building or the public has not been corrected in the time specified
by the order issued, the Code Enforcement Officer may take such direct
action as is necessary to abate the violation, including demolition.
Expenses incurred in the execution of such orders shall be reported
to the Board of Trustees, which shall direct that they shall be assessed
and collected, together with a surcharge of 25% thereon, to cover
costs of supervision and administration, in the same manner as Village
taxes.
All records of the Code Enforcement Officer's
department shall be public. Upon request, the department shall make
a search and issue a certificate of any of its records, including
violations or the absence of any violations, upon payment of $0.25
per page for a page up to 9 x 14 inches.[1]
No Code Enforcement Officer, officer, agent
or employee of the Village of Angola shall render himself personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent, or
employee of the Village of Angola as a result of any act required
or permitted in the discharge of his duties under this chapter shall
be defended by an attorney appointed by the Village of Angola until
the final determination of the proceedings therein.
A.
Responsibilities of owners.
(1)
Owners of premises shall be responsible for compliance
with the chapter and shall remain responsible therefor regardless
of the fact that this section may also place certain responsibilities
on operators and occupants and regardless of any agreements between
owners and operators or occupants as to which party shall assume such
responsibility.
(2)
Owners of premises shall be responsible for proper
maintenance, condition and operation of service facilities and for
furnishing adequate heat and hot-water supply in multiple dwellings.
B.
Responsibilities of occupants. Occupants of dwelling
units shall be responsible for compliance with this chapter in regard
to the following:
(1)
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by this chapter.
(2)
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
(3)
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities, in that part of the premises which he occupies or controls
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
(4)
Keeping exits from his dwelling unit clear and unencumbered.
(5)
Disposal of garbage and refuse into provided facilities
in a clean and sanitary manner.
