Section 27-2152. Enforcement


Latest version.
  • a. If the commissioner has reasonable cause to
      believe that an owner has violated the provisions of  subdivision  a  of
      section  27-2151, the commissioner shall serve a notice of violation and
      an order to correct such violation on the  owner  pursuant  to  sections
      27-2091  and  27-2095 of this code. The order shall require the owner to
      comply with subdivision a of section 27-2151 in the manner specified  in
      such  order within ten days. A copy of the order shall be filed with the
      city register and any subsequent purchaser  of  the  property  shall  be
      subject to such order.
        b.  An  owner may apply within the ten day period following service of
      the notice and order:
        1. for the revocation of the notice of  violation  and  order  on  the
      ground  that  the  condition alleged to constitute the violation did not
      exist at the time the violation was placed.  The  department  may  grant
      such  revocation  upon  the  presentation  of  proof satisfactory to the
      department; or
        2. for an extension of the time for correction.  The  department  may,
      upon  good  cause  shown,  including  consideration of the complexity of
      repairs which may be necessary to  make  the  dwelling  unit  habitable,
      grant such extension for such period of time that it deems appropriate.
        c.  The  owner shall certify correction of the violation in accordance
      with subdivision f of section 27-2115 no later than five days after  the
      date  set  for  corrections.  Such certification shall be supported by a
      sworn statement by the owner that the units which  are  the  subject  of
      notice  of  violation  have been rented to bona fide tenants or that the
      owner has, in good faith, made a continuing public offer  to  rent  such
      units  at  rents  no  greater  than  the  rents  authorized  by law. The
      department may require such additional  proof  as  it  deems  necessary,
      including but not limited to the specific units offered for rent and the
      rents asked therefor.
        d.  For  the  purposes  of  this  section  there shall be a rebuttable
      presumption that an owner has violated the provisions of  subdivision  a
      of  section  27-2151  if  a  single  room occupancy dwelling unit is not
      occupied by a bona fide tenant for a period of thirty days or longer.
        e. 1. An owner who violates the provisions of subdivision a of section
      27-2151 shall be subject to a civil penalty of five hundred dollars  for
      each  single  room occupancy dwelling unit cited in the notice and order
      issued pursuant to subdivision a of this section. In additon,  an  owner
      who  fails  to  comply  with  the order within the time specified in the
      order or within such further period of time authorized by the department
      pursuant to subdivision b of this section shall be subject  to  a  civil
      penalty  of  two hundred fifty dollars per day for each dwelling unit to
      be calculated from a date ten days after service of  the  order  to  the
      date of compliance therewith.
        2.  In  addition  to  the civil penalties provided in paragraph one of
      this subdivision any owner who willfully  makes  a  false  certification
      that  a violation has been corrected shall be subject to a civil penalty
      of not less than two hunred fifty dollars nor more  than  one  thounsand
      dollars  for  each  dwelling  unit or units which are the subject of the
      notice of violation. Such owner shall also be guilty  of  a  misdemeanor
      punishable by a fine of not less than two hundred fifty dollars nor more
      than  one  thousand  dollars, or by imprisonment up to six months, or by
      both such fine and imprisonment.
        3. Such civil penalties may be recovered by the city in an  action  in
      any  court  of  competent  jurisdiction.  A judgment obtained in such an
      action shall constitute a lien against  the  premises  with  respect  to
      which  the violation occurred from the time of the filing of a notice of
      pendency in the office of the clerk of the county in which such premises
    
      is situated. A notice of pendency may  be  filed  at  the  time  of  the
      commencement  of  the  action  or  at  any time before final judgment or
      order.
        f.  All  civil  penalties  recovered pursuant to subdivision e of this
      section shall be paid to the single room occupancy  housing  development
      fund  company  established pursuant to subdivision i of section 27-198.2
      of the administrative code.
        g. 1. The city may  institute  an  action  in  a  court  of  competent
      jurisdiction  for  an order requiring the owner to comply with the order
      to correct or for such other relief as may be appropriate.
        2. The city may make application for the appointment of a receiver  in
      accordance  with  the  procedures  contained  in  article  six  of  this
      subchapter. Any receiver appointed pursuant to this paragraph  shall  be
      authorized,  in addition to any other powers conferred by law, to effect
      compliance  with  the  provisions  of  this  article.  Any  expenditures
      incurred  by  the  receiver to effect such compliance shall constitute a
      debt of the owner and a lien upon the building and  lot,  and  upon  the
      rents and income thereof, in accordance with the procedures contained in
      such  article  six.  The  city in its discretion may provide funds to be
      expended by the  receiver,  and  such  funds  shall  constitute  a  debt
      recoverable  from  the  owner  in  accordance with article eight of this
      subchapter.
        h. In the event of any inconsistency between the  provisions  of  this
      article and other provisions of this code the provisions of this article
      shall control.