No officer, agent, or employee of the City 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 City as a result of any act
required or permitted in the discharge of his duties under this chapter,
shall be defended by the Corporation Counsel until the final determination
of the proceedings therein.
The Corporation Counsel shall, upon complaint
of the Housing Code Inspector, or upon his own motion, institute appropriate
action to restrain, prevent, enjoin, abate, correct, or remove such
violation and take such other legal action as is necessary to carry
out the terms and provisions of this chapter.
The remedies provided for herein shall be cumulative
and not exclusive and shall be in addition to any other remedies provided
by law, and all remedies may be pursued concurrently or consecutively,
and the pursuit of any remedy shall not be construed as an election
or the waiver of the right to pursue any and all of the others.
[Amended 7-20-2023 by L.L. No. 1-2023]
A. Any person
or persons jointly or severally aggrieved by any final order or administrative
fee issued or imposed by the Housing Code Inspector may seek an administrative
review of the same before the Nuisance Abatement Committee.
B. The aggrieved
party shall initiate an administrative review by submitting a written
request for administrative review to the Office of the City Manager
along with a copy of the order or fee notice seeking to be appealed
from within 14 days of receipt of the same.
C. The Nuisance
Abatement Committee shall meet on a quarterly basis to hear appeals,
at which time the aggrieved party or their counsel shall be granted
the opportunity to present arguments on his or her own behalf to the
Nuisance Abatement Committee.
D. Pursuant to the City Code of Auburn §
213-5, the Nuisance Abatement Committee shall possess the authority to make a determination as to reverse, modify, or affirm the final order or administratively imposed fee of the Housing Code Inspector.
E. Any person
or persons jointly or severally aggrieved by any final order of the
Nuisance Abatement Committee shall be deemed as exhausting all available
administrative remedies and may seek to have such order reviewed by
the Supreme Court in the manner prescribed by Article 78 of the Civil
Practice Law and Rules and as otherwise provided for in the laws of
the State of New York.