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When an investigation or investigations, whether upon complaint or otherwise, disclose the existence of a violation or violations of the building provisions of this Code, that are likely to endanger life and safety in cases of this fire, panic, or other accident, or endanger or impair the health of any occupants of any building, structure or place covered by the regulations of this Code, the buildings commissioner shall give notice in writing to an owner, agent or registered agent, occupant, lessee or person in possession or control of such building, structure, premises or place to make such changes, alterations or repairs, or to perform such work, or to take such action as the provisions of the Code, or the safety or health of any person may require within such time as shall be designated by the building commissioner, which shall in no event exceed 15 days after the service of such notice unless the commissioner deems a longer period necessary and reasonable.
In the event that the changes, alterations, repairs or requirements ordered by the notice of the building commissioner are not made or performed to the satisfaction of the building commissioner within the time specified in the notice, the commissioner may institute enforcement proceedings based on violations of this Code by instituting an administrative adjudication proceeding with department of administrative hearings as provided in Chapter 2-14 or by referring the matter to the corporation counsel for prosecution. Nothing in this section shall be construed as prohibiting the referral of violations of this Code to the department of administrative hearings or to corporation counsel for prosecution irrespective of whether the notice of violation specified herein was transmitted or received.
The records of such investigation, including inspections of a building, structure, premises and contents thereof, shall be preserved as public records and shall be admissible in an administrative or judicial enforcement proceeding as prima facie evidence as to the contents thereof.
Upon request of the owner or his agent, it shall be the duty of the building commissioner to issue or cause to be issued to the owner or his agent, a statement attesting that such building, structure or premises either complies in substantial respects with or is in violation of the building provisions of this Code in the respects enumerated, such certificate to be a report of the information contained in the records of the department of buildings and not a finding, estoppel, or legal determination. No person shall use or rely upon the certificate or the information contained therein as a basis for any legal action against the city.
The fee for said certificate shall be payable to the comptroller and shall be computed as follows:
(a) $100.00 for one dwelling unit and $50.00 for each additional dwelling unit.
(b) $100.00 for inspection by each additional bureau of the department of buildings as requested by the owner or his agent.
(Prior code § 41-7; Amend Coun. J. 7-9-84, p. 8218; 9-13-89, p. 4604; 7-12-90, p. 18289; 11-17-93, p. 42192; 6-14-95, p. 2841; 10-2-95, p. 8019; Amend Coun. J. 4-29-98, p. 66565, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 10)