§ 174-12. Abatement of nuisances., Chapter 174. Housing Standards, Part II. General Legislation, Code of Ordinances, New Rochelle

Notice of nuisance.

[Amended 4-17-2007 by Ord. No. 80-2007]

(1)

Whenever the Building Official shall declare that a dwelling or any portion thereof is a nuisance, he or she shall serve a notice personally or by posting the same in a conspicuous place upon the premises affected, and a copy thereof shall be mailed, on the same day it is posted, to the owner at the address filed by him or her in the Bureau of Buildings, and if his or her address is not so filed in the Bureau of Buildings, then in such cases such notice shall be sent by registered mail to his or her last known address or place of residence or, if such address or place of residence is not known, then to the address shown upon the records of the Department of Finance, Tax Department, for the mailing of tax bills. In the case of a corporate landlord, the notice shall be sent by registered mail to the agent or principal of the corporation as specified in the records of the Bureau of Buildings or upon the records of the Department of Finance, or, if none is listed, the notice shall be posted on the premises in question and mailed to the Secretary of State, agent of said corporation. Such service shall be deemed sufficient.

(2)

Such notice shall recite the facts constituting such nuisance, specifying in what respect the dwelling is dangerous to human life or detrimental to health, and require the owner to remove such nuisance within five days or, where an emergency exists creating a situation imminently dangerous to human life or detrimental to health as may be determined by the Building Official, within 48 hours or such lesser period of time as the Building Official may determine. Irrespective of any other remediation which may be required, if the dwelling has not been occupied for 180 continuous days or is abandoned, then the Building Official may require the owner to:

(a)

Secure the premises from all unauthorized entry;

(b)

Install and maintain smoke, fire and intrusion detectors connected directly to the City's central dispatch facility; or

(c)

In lieu of Subsection A(2)(a) and (b) above, have a watchman present on the premises at all times.

(3)

Such notice shall provide that if the owner fails to remove such nuisance within such period of compliance so prescribed, the Building Bureau may remove or cause the removal of such nuisance by cleansing, repairing, providing fuel or water, vacating or demolishing the dwelling or by taking such other corrective action deemed necessary and shall notify the owner of his or her right to a hearing hereinafter provided.

(4)

Wherever such notice is given, it shall specify that the owner may request a hearing before the City Manager or the City Manager's designee by written request filed, prior to the time set for compliance, with the Building Official, and a hearing shall be given such owner prior to expiration of the period for compliance so prescribed.

(5)

Any such notice shall automatically become a final order of the Building Official if a written request for a hearing is not filed in the office of the Building Official prior to the expiration of the period for compliance prescribed in such notice.

Procedure if nuisance not removed by owner.

[Amended 4-17-2007 by Ord. No. 80-2007]

(1)

If such nuisance is not removed by the owner within the time heretofore prescribed, or work commenced therefor and diligently prosecuted, after service of such notice, where request for a hearing is not made, or within such further period of time not to exceed five days after a hearing held pursuant to request as provided in Subsection A, then the Building Official shall proceed with the removal of such nuisance forthwith as provided in the notice or order.

(2)

If the owner refuses to permit the Building Official to remove or cause the removal of such nuisance by taking such corrective action as may be necessary or interferes in any way with the Building Bureau or causes the delay to the taking of corrective action, the Building Official may cause such dwelling, in whole or in part, to be vacated and sealed up or vacated and demolished, but in such case the Building Bureau shall commence a special proceeding in the Supreme Court for such relief. During the pendency of a proceeding to vacate, seal up or demolish, the Building Bureau may obtain a temporary order for the immediate vacating of such dwelling, upon proof of a present danger to human life or detriment to health. In addition to the owner, all tenants, mortgagees and lienors of record shall be necessary parties to such special proceeding.

Costs; additional remedies.

(1)

Any costs and expenses incurred by the City in connection with proceedings to abate the nuisance, including the actual costs of remediation, shall be assessed against the land on which the dwelling is located, pursuant to the procedures set forth in Section 200(d) of the City Charter. The Building Bureau shall keep a record of notices and orders issued by the court, together with the items of cost incurred.

[Amended 4-17-2007 by Ord. No. 80-2007]

(2)

Notwithstanding the foregoing and in addition to any remedy available, the Department may maintain an action against the owner to recover the cost of executing such notice or order or orders.

No owner or operator or occupant shall cause any service, facility, equipment or utility which is required by the provisions of this chapter to be removed from, shut off from or discontinued for any occupied dwelling unit, except for necessary repairs, alterations or emergencies. In the event of any such removal, shutoff or discontinuance, the remedies provided above shall be applicable.