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The video surveillance system shall be subject to regular inspection by the Division of Building, which shall be authorized to inspect at all reasonable times any video surveillance system to determine if the system conforms with this chapter and regulations adopted by Council resolution. If the video surveillance system does not so conform, the apartment house owner must take immediate steps to bring the system into conformance.
(Ord. 2022-32. Passed 3-13-23.)
(a) Owners and managers of apartment houses subject to the mandatory requirements of this chapter shall have six (6) months from the effective date of this chapter to comply with the regulations set forth in this chapter.
(b) The violation of any provision of this chapter by any owner or management of an apartment house subject to this chapter shall result in a notice of violation from the Division of Building. The Division of Building is authorized to investigate all alleged violations. Violators shall have thirty (30) days after receipt of the notice to provide proof of compliance to the Division of Building. If the violation continues after the thirty- (30) day period, the Building Commissioner or his or her designee may issue a civil citation against the violator, in which case the violator shall pay a fine in the amount of five hundred dollars ($500.00) within thirty (30) days of the citation.
(c) In addition to the foregoing, the violation of any provision of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
(d) For purposes of this chapter, each thirty (30)-day period within which a violation continues shall be a separate violation.
(Ord. 2022-32. Passed 3-13-23.)
An owner or manager of an apartment house required to install a video surveillance system and exterior lighting may, on an annual basis, apply to the Division of Police for an exemption from the provisions of this chapter. The Chief of Police may exempt an apartment house for a period of twelve (12) months if the Chief or his or her designee finds that the apartment house has undertaken or will undertake alternate security procedures which are substantially equal to or more effective in preventing criminal activity and in assisting in the apprehension of the perpetrators of crime or for the protection of residents and the community. The Chief or his or her designee may also authorize alternate procedures on an experimental basis. Such an exemption shall carry a maximum duration of twelve (12) months, and an owner or management must reapply for an exemption at the end of the exemption period or bring the system into conformance with this chapter. The Chief or his or her designee may also authorize temporary extensions of time for installation when an apartment house owner or manager demonstrates that he, she or it is temporarily unable to comply for good cause shown.
(Ord. 2022-32. Passed 3-13-23.)
(a) Any person found to be in violation of this chapter by the Building Commissioner or his or her designee shall have the right to a hearing before the Board of Zoning Appeals.
(b) The written notice of violation by the Building Commissioner or his or her designee shall set forth the grounds for the violation, and shall inform the recipient that he, she or it has ten (10) days from the date of mailing of the notice to file a written request for a hearing before the Board of Zoning Appeals.
(c) Within ten (10) days of mailing of the written notice of violation by the Building Commissioner or his or her designee, the recipient may appeal by requesting a hearing before the Board of Zoning Appeals. Such a request must be made in writing and must set forth the specific grounds for the appeal. If the recipient files a timely request for a hearing, the Board of Zoning Appeals shall set a time and place for the hearing within thirty (30) days thereafter. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine any witness against them. The Board of Zoning Appeals may affirm, reverse or modify any notice of violation issued by the Building Commissioner or his or her designee, and its decision shall be final and rendered at the hearing, unless continued for good cause.
(Ord. 2022-32. Passed 3-13-23.)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional.
(Ord. 2022-32. Passed 3-13-23.)
CODIFIED ORDINANCES OF BROOKLYN