SECTION A-503.0 PROSECUTION


A-503.1 Failure to correct: After the expiration of the time for compliance as stated on the notice of violation, a reinspection shall be made by the code official to determine compliance. If the violation has not been corrected and no appeal is pending, the code official shall institute the appropriate legal proceedings to apply penalties as provided for in this code or for the purpose of ordering the responsible person:

1. To restrain, correct or remove the violation or refrain from any further execution of work;

2. To restrain or correct the erection, construction, conversion, installation, maintenance, repair or alteration of the structure in violation;

3. To require the removal of work in violation; or

4. To prevent the use or occupancy of the premises or structure that is not in compliance with the provisions of this code or the technical codes.

A-503.1.1 Immediate hazard: Notwithstanding the provisions of Section A-503.1, nothing shall prevent the code official from instituting appropriate remedies to protect occupants or the public from conditions which pose an immediate threat to health or safety.

A-503.2 Abatement of violation: Whenever any violation of this code or the technical codes or any order issued pursuant thereto is not corrected, the department, in addition to invoking any other sanction or penalty shall be authorized to itself or by contract correct the violation, charge the costs (including administrative costs) thereof to the violator, and with the approval of the Law Department collect the costs by lien or otherwise.

A-503.2.1 Lack of heat: The department is authorized to purchase and supply fuel on an emergency basis to tenants in dwellings between the months of October and May where the following conditions exist:

1. The owner or operator is required to supply heat under the provisions of the Property Maintenance Code;

2. The heat in the dwelling does not conform to the minimum requirements of the Property Maintenance Code;

3. The owner or operator of the dwelling knows or has reason to know that the heat in the dwelling does not conform to the minimum requirements of the Property Maintenance Code; and

4. The absence of heat creates extreme discomfort, hardship and an imminent peril to health to the tenants which will continue unless fuel is supplied.

If the department purchases fuel on an emergency basis for dwellings, the Law Department is authorized to take appropriate action, in law or equity, to collect the sums expended by the department from the owners or operators. This procedure shall be in addition to any fine, penalty, costs, or other remedy which may be invoked against any owner or operator who violates the minimum heat requirements of the Property Maintenance Code.