A. 
Responsible party. All persons or entities operating, owning, occupying, maintaining, using or permitting the use of any building, property or premises within the scope of the Uniform Code or this chapter shall comply with all the provisions of the Uniform Code, this chapter and all orders, notices, rules and regulations and determinations issued in connection therewith. Unless an alternative party has been identified as the responsible party, the property owner shall be presumed to be the party responsible for any failure to comply with said provisions, a presumption which the property owner may offer evidence to rebut.
B. 
Authority to issue violation orders/tickets. Whenever the Code Enforcement Officer or other enforcement official finds that there has been a violation of the Uniform Code, this chapter or any rule or regulation adopted pursuant to this chapter, the Code Enforcement Officer shall have the authority to issue a violation order to the responsible party and/or issue an appearance ticket.
[Amended 8-7-2000]
C. 
Form for violation orders. If the Code Enforcement Officer determines that a violation order should be issued, the order shall be in writing, shall identify the property or premises which are subject to the order, shall specify the violation and remedial action to be taken and the time in which the violation must be remedied. The order shall also specify the manner in which an administrative appeal of the order may be made and the time for taking such an appeal.
D. 
Service. Violation orders may be served in any manner calculated to reach the responsible party, including personal service upon the responsible or any designated agent and service by first class mail to the tax record address of the property owner, unless the owner has specified another address by filing the address in writing in the office of the Code Enforcement Officer.
[Amended 7-5-2006]
E. 
Choice of remedies for failure to comply. In the event that the responsible party fails, refuses or neglects to comply with a violation order within the time specified, the Code Enforcement Officer shall take such legal action as the officer deems necessary, including but not limited to ordering the building, property or premises vacated immediately, ordering the responsible party to stop work, correcting the violation in a manner the Code Enforcement Officer deems necessary through the use of City staff or under contract with third parties and charging the property owner for the costs of the remedial work, including a figure of 50% as a charge for administrative overhead, which charges may be added to the property tax bill for the property if the bill for remediation is not paid within 30 days of mailing, and charging the property with a violation in Corning City Court for each day on which the violation continues to exist after the date specified for remedial action. Each day on which the violation continues, the Code Enforcement may issue an appearance ticket pursuant to Criminal Procedure Law § 150 charging the responsible party with a violation of the Uniform Code or this chapter.
[Amended 10-5-1998 by L.L. No. 32-1998]
F. 
Stop-work orders. Whenever the Code Enforcement Officer and other enforcement officials have reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the Uniform Code, applicable laws, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, the enforcement official shall notify the owner of the property or the owner's agent or the person performing the work to suspend all building activities until the stop-work order has been rescinded. The issuance of a stop-work order shall not prevent the Code Enforcement Officer from using any of the other authorized remedies available. Service of a stop-work order shall be in the manner provided for violation orders in § 76-26D of this chapter.
A. 
Interpretations. If the responsible party seeks to appeal an order of the Code Enforcement Officer or denial of a permit application or refusal to grant a certificate of occupancy when such order or refusal is based on an interpretation of the Uniform Code, the responsible party must file an appeal with the State Board of Review. No work may continue during the pendency of the appeal, except such work as the Code Enforcement Officer may determine is necessary for the safety of the structure.
B. 
Orders to remedy. If the responsible party seeks to appeal either the method or time limits set for remediation in a violation order of the Code Enforcement Officer, the responsible party must file a request for an appeal with the Planning Director either before the time set for remediation or within seven days of the date of mailing of the order, whichever is earlier. The Planning Director will set a date for the appeal to be heard. The applicant and the Code Enforcement Officer will have an opportunity to present facts and arguments and such witnesses as may be necessary in order for the Planning Director to determine whether to affirm, reverse or modify the order of the Code Enforcement Officer. In modifying any such order, the Planning Director may impose such conditions as are deemed necessary. Any appeal of the decision of the Planning Director must be by Article 78 to the Supreme Court and must be made within 30 days of the date on which the decision is filed with the Corning City Clerk, which date shall be stamped on the decision.
[Amended 8-7-2000]