ARTICLE XII, Unfit Premises

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Part 3, Administration and Compliance

ARTICLE XII, Unfit Premises

§ 143-80. Designation

"Unfit premises" shall be any premises within the scope of this code having any of the following defined defects and may be designated by the chief officer of the agency as unfit for human habitation and may be so placarded if:

A The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.

B The structure or premises is damaged, decayed, dilapidated, insanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.

C The structure or premises, because of the location, general conditions, state of the premises or number of occupants, is so insanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.

D The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this code, is unfit for human habitation.

§ 143-81. Notice of violation

Whenever the chief officer of the agency determines that any premises are unfit for human habitation as provided in the preceding section, he must include a finding within the notice of violation provided for in § 143-74, along with a statement of his intent to order the premises vacated and to placard said premises if compliance with the provisions of the notice of violation has not been secured.

§ 143-82. Vacation order

Whenever a notice of violation, as provided in the preceding section, has not been complied with, the chief officer of the agency may placard and issue a final order, pursuant to § 143-76, directing the premises or any part thereof to be vacated, and a copy of said order shall be served, in addition to the persons responsible, on the tenants affected thereby.

§ 143-83. Vacation to be within reasonable time; approval required for rehabilitation

Any premises ordered placarded and vacated as provided in the preceding section shall be vacated within such reasonable time as the chief officer of the agency may specify in the order. No such premises shall again be used for human habitation and the placard removed until written approval is secured from the chief officer of the agency.

§ 143-84. Removal or defacement of placard prohibited

No person shall deface or remove the placard from any such premises which has been designated as unfit for human habitation, except as provided in the preceding section.

§ 143-85. Owner to make premises safe and secure

The owner, agent or operator of any such premises which have been designated as unfit for human habitation and vacated shall make such premises safe and secure for the protection of the public in a manner satisfactory to the chief officer of the agency.

§ 143-86. Demolition

A Statement of intent included with notice of violation. Whenever the chief officer of the agency designates a building unfit for human habitation, he may include within the notice of violation provided for in § 143-74 a statement of his intent to order the demolition of the structure. The owner may demolish such structure or correct the violation regardless of cost, provided that the requirements of the building code in effect at the time of attempted compliance are satisfied.

B Issuance of order upon failure of owner, etc., to comply. Whenever a notice of violation as provided in the preceding section of this code has not been complied with, the chief officer of the agency may issue a final order, pursuant to § 143-76, ordering the building demolished within the time specified by the chief officer of the agency.

§ 143-87. Chief officer to take action upon failure to comply

Whenever a final order to remove a violation or to secure, vacate or demolish a building has not been complied with, the chief officer of the agency may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or to take such other legal action as is necessary.

§ 143-88. Violator to pay costs; recovery of costs

A The expenses incurred by the village pursuant to the preceding section of this code shall be charged to and paid by the person responsible for said violation. The chief officer of the agency shall file with the Village Treasurer a statement of the items of expense and the date of execution of actions authorized by § 143-87.

B The Village Treasurer shall proceed to collect said sums owing the village by direct action against the aforesaid person or persons or by adding the sums owing to the next corporation tax bill of said person or persons, the same to be a lien upon their real property until paid and collectible in the same manner as corporation taxes.

ARTICLE XIII, Miscellaneous Provisions

§ 143-89. Liability of officers, employees and agents; defense and indemnification

A No officer, agent or employee of the village may be personally liable for any damage resulting from any official determination, order or action required or permitted in the discharge of his duties under this code.

B The village shall defend and indemnify the chief officer of the agency, the Chief of the Fire Department and the Commissioner of Health, or other officers of their departments specifically designated and authorized by them to make such official determination, order or action in the discharge of their duties under this code, against any judgments or liability that may arise as a result of any such official determination, order or action made or taken by them in the discharge of their duties under this code.

§ 143-90. Penalties for offenses

A Property owner. For any person who is a property owner in the village, whether a person, firm or corporation, who or which violates the provisions of this chapter, the village may cause the violation to be corrected. Any and all work required to be performed and the cost thereof, plus fifty percent (50%) for administration and supervision added thereto, shall become a lien upon the property owner's property on/near where said work was performed or violation occurred and shall be added to and become a part of the taxes next to be assessed and levied upon said property and shall be collected and enforced in the same manner as taxes

B Not property owner. Any person who is not a property owner, whether a person, a firm or a corporation, who or which violates any provision of this chapter shall be liable for a civil penalty of not more than two hundred dollars ($200.) per day for each day or part thereof during which such violation continues.

§ 143-91. Duties of Corporation Counsel

The Corporation Counsel shall, upon complaint of the chief officer of the agency or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove violations of this code and to take such other legal action as is necessary to carry out the terms and provisions of this code. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law and as provided in this code; any 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.

§ 143-92. Effect on other provisions; additional remedies

A The provisions of this code shall supplement local laws, ordinances, codes or regulations. When a provision of this code is found to be inconsistent with any provision of a statute, local law, ordinance, code or regulation, the provisions of this code shall prevail.

B Notwithstanding the availability of other remedies for enforcement of the provisions contained in the Building Code, Plumbing Code, Electrical Code, Fire Prevention Code, Sanitary Code and Zoning Ordinance of the village, the remedies and enforcement procedures as set forth in this code may be used to enforce the provisions of the aforesaid enumerated village codes and ordinances and shall be deemed cumulative to other procedures and remedies.

C The remedies of the Village of Ilion as herein set forth shall not be exclusive, but the village shall have any other and further remedies at law or otherwise now existing or as may hereafter be provided for under the laws of the State of New York, and any and all such remedies shall be deemed cumulative, and pursuit of any remedies shall not be construed as an election or the waiver of the right to pursue any and all others.

ARTICLE XIV, Appeals

§ 143-93. Right of appeal

Any person or persons jointly or severally aggrieved by any final order of the chief officer of the agency may seek to have such order reviewed by the Housing Board of Appeals (also known as the "Health and Safety Board") in the manner hereinafter described or by the Supreme Court in the manner prescribed by Article 78 of the New York State Civil Practice Law and Rules.

§ 143-94. Housing Board of Appeals

A Housing Board of Appeals is hereby established and shall also constitute the Health and Safety Board of the Village of Ilion and shall be composed of the Public Works Director, Planning Board Chairman, Urban Renewal Director, Building Official, Fire Chief and Health Officer or his representative and any additional member or members appointed by the Board of Trustees of the Village of Ilion.

§ 143-95. Powers and duties of Housing Board of Appeals

The Housing Board of Appeals shall have the power to renew any order or decision of the Code Enforcement Officer and Building Code Inspector or any other officer arising out of the office enforcement of the Housing Code and Building Code and other ordinances, regulations and codes having to do with housing control and minimum standards for the safety, health and public welfare of its citizens.

§ 143-96. Procedure for appeal

A Any party wishing to modify, review, annul or repeal an order under the provisions of this code shall, within thirty (30) days from the date of service of the order upon him, submit a written request to the Housing Board of Appeals for a review of said decision or order.

B The Board of Appeals shall fix a time for the hearing of an application and shall require that due notice be given of the time and place of such hearing to the applicant and the local agency or officer involved and such interested persons as may be concerned.

C The Board of Housing Appeals, in hearings conducted under this section, shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. All applications for review shall be decided promptly. In every case, the Board shall render a decision in writing, and a copy thereof shall be sent to the party or parties involved and any local department affected thereby. The Board shall maintain a written record of all proceedings before it.

ARTICLE XV, Compliance

§ 143-97. Responsibilities of owners

A Owners of premises shall be responsible for compliance with the housing standards and shall remain responsible therefore regardless of the fact that this chapter 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.

B 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.

§ 143-98. Responsibilities of lodging house operators

A Lodging house operators shall be responsible for compliance with the housing standards in regard to the following:

(1) Limiting occupancy to the maximum permitted by the housing standards.

(2) Maintenance of safe and sanitary conditions in all parts of lodging house premises.

(3) Maintenance and operation of all required service facilities.

(4) Maintenance of all plumbing, cooking and refrigeration fixtures and appliances within their control, as well as other building equipment and facilities, in an operative, clean and sanitary condition.

(5) Sanitary maintenance of walls, floors and ceilings.

(6) Keeping exits clear and unencumbered.

(7) Disposal of building garbage and refuse in a clean and sanitary manner.

(8) Extermination of insects, rodents or other pests on the premises.

(9) Hanging and removing required screens.

B Provisions shall be made in rooming and lodging dwelling units for the weekly changing of bed linens, minimum, and with changes of occupancy.

§ 143-99. Responsibilities of occupants

Occupants of dwelling units shall be responsible for compliance with the housing standards in regard to the following:

A Limiting occupancy of that part of the premises which they occupy or control to the maximum permitted by the housing standards.

B Maintenance of that part of the premises which they occupy or control in a clean, sanitary and safe condition.

C 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 they occupy or control in a clean and sanitary condition and providing reasonable care in the operation and use thereof.

D Keeping exits from their dwelling units clear and unencumbered.

E Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.

F Extermination of insects, rodents or other pests within their dwelling unit if their unit is the only one infested in the premises.

G Hanging and removing required screens.

Keeping their domestic animals and pets in an appropriate manner and under control.