Lackawanna, N.Y., Code of Ordinances ch. 139 § 139-10

A. Whenever the Department of Development finds that there has been a violation of the housing standards, the Department of Development shall issue a violation order to the person or persons responsible. The Department of Development shall also issue a violation order to the person or persons responsible for failure to register premises, for failure to file or maintain reports, or for the furnishing of a false statement, or for interference with an inspector lawfully authorized to enter premises, or in connection with the occupancy of premises for which no certificate of compliance has been obtained as required, or when a building or structure has been found to be or is deemed to be dangerous or unsafe hereunder. The order shall: (1) Be in writing; (2) Identify the premises; (3) Specify the violation and remedial action to be taken; (4) Provide a reasonable time limit for compliance; (5) State the time within which an appeal may be taken; and (6) If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include, in the order, a statement that if the violation is not remedied within the time limit specified in the order, the Department of Development may remedy the violation. B. A violation order may be served as follows: (1) By personal service; or (2) By mailing, by registered or certified mail, to the person whose name has been filed with the Department of Development, in accordance with this chapter, to his address as therewith filed, or to the occupant, of a copy of such order; or (3) If no person has filed with the Department of Development the name and address of the owner, lessor, or their respective agent, upon whom an order may be served, as provided in this chapter, by posting a copy thereof in a conspicuous place on the premises and by mailing another copy thereof to the premises, on the same day as posted, enclosed in a postpaid wrapper addressed to the owner, lessor, or their respective agent. C. In case the owner, lessor, occupant, or the agent of any of them, shall fail, neglect, or refuse to remove, eliminate, or abate the violation within the time specified, the Department of Development shall request the City Attorney to take appropriate legal action. D. If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, and the violation order has been served, but the violation has not been remedied within the time limit specified in such violation order, the Department of Development may remedy the violation, after obtaining a court order, without being required to give notice of the application for such order, authorizing the Department of Development to enter the premises and remedy such violation after the expiration of five days from the date of service of the court order. Unless the court otherwise directs in such order, it shall be served in the same manner as provided in Subsection B of this section for the service of a violation order. E. Authority to issue appearance ticket for Municipal Code violations. Whenever a violation of this Code occurs, the City Engineer, the Director of Development or any code enforcement officer of the City of Lackawanna, or any person designated as such by the City Engineer or the Director of Development to enforce the Municipal Code of said City, in lieu of the procedure described above for enforcement or the issuance of a summons, may issue an appearance ticket to the owner or occupant of the premises involved. Upon failure of the person cited in said appearance ticket to appear as directed, a criminal summons or warrant for the arrest of such person pursuant to Criminal Procedure Law § 150.60 may be issued. F. Wording and form of said appearance ticket. Said appearance ticket shall contain wording and substantially comply in form as follows: DEPARTMENT OF ENGINEERING/DEVELOPMENT City Hall Lackawanna, New York 14218 APPEARANCE TICKET Print all entries: ISSUED TO: (Defendant's Name) (Number) (Street) (City & Zip Code) YOU ARE HEREBY DIRECTED TO APPEAR IN THE LACKAWANNA CITY COURT, 714 Ridge Road, Lackawanna, New York 14218 on the ____ day of ___________, 20___, at 9:00 a.m. in connection with your commission of the charge of (Offense) (Date of Offense) contrary to the provisions of Section __________ of the Lackawanna City Ordinance/State of New York Uniform Fire Prevention/Building Code. IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED HEREON A CRIMINAL SUMMONS OR A WARRANT FOR YOUR ARREST MAY BE ISSUED (CPL Sec. 150.60). IF YOU HAVE POSTED BAIL, THE BAIL WILL BECOME FORFEIT UPON YOUR FAILURE TO COMPLY WITH THE DIRECTIONS OF THIS TICKET. (CPL Sec. 150.30) ACKNOWLEDGEMENT OF DEFENDANT: ISSUED AND SUBSCRIBED BY: I, the undersigned, do hereby acknowledge receipt of this appearance ticket, and do agree to appear as directed. Code Enforcement Officer: Signed: Affirmed under the penalty of perjury pursuant to Sec. 210.45 PL/NY (Defendant) Time _____________A.M./P.M. Date issued: _________, 20__ Date ___________, 20_____