[Amended 1-25-1975 by Ord. No. 5-1975; 10-14-2014 by Ord. No. 25-2014; 2-23-2015 by Ord. No. 7-2015]
The Director of the Department of Property Maintenance and Code Enforcement is hereby designated to serve as the Public Officer under this chapter. All inspections, regulations, enforcement and hearings on violations of the provisions of this chapter, unless expressly stated to the contrary, shall be under his direction and supervision. He may appoint or designate such other public officials or employees of the City to perform duties as may be necessary to the enforcement of this chapter, including the making of inspections and holding of hearings.
In addition to other remedies provided in this chapter, where the Public Officer has issued an order requiring the abatement of a nuisance, the correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to this chapter and other ordinances of the City and laws of the state applicable thereto, and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the Public Officer may, for the purposes of correcting any of the foregoing conditions, act as custodian of any building or structure subject to registration in accordance with the provisions of § 159-55 and may, as custodian, enter into and take charge of the premises and supervise the abatement of any nuisance, correction of defect or placing of the premises in compliance with this chapter and any other municipal ordinances and state laws. For the performance of the duties of custodian, the City shall receive for the services from the owner, operator or lessor of the premises compensation approved by the City Council, not to exceed $0.50 a day in costs and expenses, on the basis of 5% of the rent paid or payable for each occupied dwelling unit and 5% of the rental value of any unoccupied dwelling unit, the same to be certified and collected as provided in § 159-33, plus any actual disbursements required of the City while serving as custodian herein.
A. 
Where the owner, operator or lessor of a building required to register under § 159-55 violates this chapter, this Code or any other municipal ordinance pertaining to such structure, or fails to abate any violation of this chapter, or violates an order of the Public Officer with respect thereto, the Public Officer, upon resolution duly approved by the City Council, may commence an action in the Superior Court seeking appointment of the Public Officer as receiver ex officio of the rents and income from the property. The rents and income shall be collected by such receiver and shall be expended and allotted as follows:
(1) 
To secure compliance with this chapter, this Code or any other ordinance of the City and laws of the state as set forth in the order of the Public Officer.
(2) 
To defray such costs and expenses of the receivership as may be adjudged by the Superior Court.
(3) 
As payment to the City of any fines or penalties with costs which may have been imposed on the owner, operator or lessor for such violation and which have remained unpaid.
B. 
Except as otherwise provided in this chapter, the procedure in respect to any receivership provided by this chapter shall be as in the case of receiverships to secure the payment of delinquent taxes, penalties, interest, costs and expenses.
C. 
In any such receivership, no fees shall be allowed the receiver or his counsel for acting as such receiver or counsel.
The Public Officer, when acting as receiver pursuant to § 159-10, may, when authorized by resolution of the City Council, appoint as agent the holder of any first mortgage upon the premises if such mortgagee or assignee of the mortgage is a proper person and is willing to accept such appointment to serve as agent to the receiver for the purpose of collecting rent and income from the premises and manage the same. If there is no first mortgage or assignee of the mortgage or if such person is unsuitable or unqualified for performing duties as set forth in this section or unwilling to accept appointment, the City Council may, by resolution, upon recommendation of the Public Officer, designate some other person to perform such duties and functions. The agent shall account promptly to the receiver for the rents and income so collected, provided that, if the mortgagee or other person so designated is derelict in collecting or accounting for such rents and income or in the management of such real property, the receiver shall apply to the Court for the removal of such designated mortgagee or other person upon notice in writing to him and the Court, upon removing such designated mortgage or other person, in its discretion, may designate another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property.
Where the Public Officer has assumed responsibility as custodian or the Court, pursuant to this chapter, has designated a receiver, any interference with or refusal to comply with the requests of such officers in the performance of their duties shall constitute a violation of this chapter.