[Amended 6-2-1986 by L.L. No. 3-1986]
The Building Inspector shall enforce the housing
standards.
No officer, agent, member of a commission or
employee of the City shall render himself personally liable for any
damage that may accrue to persons or property as a result of any act
required or permitted in the discharge of his duties under this chapter.
A.
The Building Inspector shall be charged with the duty
of administering the standards of this chapter and securing compliance
therewith.
[Amended 6-2-1986 by L.L. No. 3-1986]
B.
The Building Inspector shall be authorized to conduct
surveys of housing in any area of the City to determine the condition
of premises, extent of deterioration, lack of facilities, inadequate
maintenance, unsafe and insanitary conditions, extent of overcrowding,
land use and other relevant factors.
C.
He shall cause necessary inspections to be made of
all premises within the scope of these standards, insofar as possible
with personnel assigned to this work.
D.
He shall order, in writing, the remedying of all conditions
found to exist in or on any premises in violation of the provisions
of the housing standards of this chapter.
A.
The Building Inspector shall receive the assistance
of the Engineering, Public Works, Fire and Police Departments or officers
and all other municipal officials as may be required for the inspection
of premises within the scope of these standards and to the extent
and limit determined by the Mayor.
[Amended 6-2-1986 by L.L. No. 3-1986; 8-31-1992 by Ord. No. 92-40]
B.
The Corporation Counsel shall, upon complaint of the
Building Inspector, institute appropriate action to restrain, prevent,
abate, correct or remove violations of these standards and take such
other legal action as is necessary to carry out the terms and provisions
of said standards. He shall also render such other legal assistance
as may be requested by the Building Inspector.
The Building Inspector or his representative
or any duly authorized City representative, upon the showing of proper
credentials and in the discharge of his duties, may enter upon any
building, structure or premises at any reasonable hour or, in any
emergency, at any hour whatsoever, and no person shall interfere with
or prevent such entry.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records, open to public inspection during
business hours.
B.
The Building Inspector shall annually submit to the
Mayor a written report and summary of all business conducted by his
office.
[Amended 6-2-1986 by L.L. No. 3-1986]
C.
All inspections and maintenance reports required to be furnished
to the City of Schenectady by the laws and regulations of New York
State or the Code of the City of Schenectady which are related to
the inspection of commercial buildings shall be electronically forwarded
to the City of Schenectady in a manner specified by the Mayor or her
or his designee. This requirement shall take effect on January 1,
2015.
[Added 9-22-2014 by Ord.
No. 2014-21]
A.
Notice of violation. Whenever the Building Inspector
determines that there has been a violation of any provision of this
chapter or any rule or regulation adopted pursuant thereto, he shall
give notice of such violation to the person or persons responsible
for the violation. Such notice shall be in writing and shall be served
upon the owner, agent, operator or occupant, as the case may require.
This notice shall specify the alleged violation and shall provide
a reasonable time for compliance. Such notice shall be deemed to be
properly served upon such owner, agent, operator or occupant if a
copy is served upon such owner, agent, operator or occupant personally
or if a copy thereof is delivered by first-class mail to the last
known address of such person or if a copy is posted in a conspicuous
place in or about the building affected by the notice and if a copy
is mailed by first-class mail.
[Amended 6-2-1986 by L.L. No. 3-1986; 6-16-1997 by Ord. No. 97-16]
B.
[1]Failure to abate violations. In case the owner, agent,
operator or occupant cannot be found within the time limit set for
the abatement of said violations or if such owner, agent, operator
or occupant shall fail, neglect or refuse to abate such violations,
the Corporation Counsel shall be advised of all facts in the case
and shall institute appropriate action in the court to compel compliance.
[1]
Editor's Note: Former Subsection B, Right
of appeal, as amended, was repealed 3-28-1994 by Ord. No. 94-07, which
ordinance also renumbered former Subsections C through F as B through
E.
C.
Emergency action. In cases of emergency which, in
the opinion of the Building Inspector, require immediate action to
abate a direct hazard or imminent danger to the health, safety, morals
or welfare of the occupants of a building or the public, he shall
promptly cause such action to be taken as is necessary to remove or
abate the hazard or danger. The Building Inspector has the power and
the responsibility to vacate buildings that are found to be unfit
for human habitation.
D.
Recovery of costs. Costs incurred under Subsections C and D of this section shall be paid out of the municipal treasury on certification of the Building Inspector. Any person issued a notice pursuant to any provision of this chapter shall be subject to an administrative fee of $50. Such costs, together with said fifty-dollar administrative fee, shall be charged against the land on which the building existed as a municipal lien or cause such cost and/or administrative fee shall be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner. The administrative fee of this subsection shall be waived in the event that all occupied units of the building have valid rental certificates.
[Amended 6-3-1996 by Ord. No. 96-31; 2-8-1999 by Ord. No. 99-01]
E.
Appearance tickets as an alternative means of commencing
prosecution.
[Added 8-20-1990 by Ord. No. 90-62; amended 5-23-1994 by L.L. No. 5-1994]
(1)
The City Council deems it necessary to provide by
law specially authorized public servants who may issue appearance
tickets pursuant to Subdivision 3 of § 150.20 of the Criminal
Procedure Law and § 10, Subdivision 4[a], of the Municipal
Home Rule Law of the State of New York.
(2)
The following public servants of the City of Schenectady are hereby authorized to issue appearance tickets in the performance of their respective duties when commencing prosecutions pursuant to this chapter, as well as Chapters 138, Building, Plumbing and Electrical Standards, and 208, Rat and Pest Control, of the Code of Ordinances of the City of Schenectady: the Building Inspector, Assistant Building Inspector, Code Enforcement Officers, Plumbing Inspector and Electrical Inspector; and the following City employees are designated and empowered to issue appearance tickets for violations of § 167-46, entitled "Open areas," and § 167-49, entitled "Garbage and refuse": Solid Waste Department Supervisors, the Recycling Coordinator, the City Nuisance Inspectors and City fire fighters and Community Police Liaison Officers and Police Community Aid Officers.
[Amended 9-13-1999 by Ord. No. 99-15]
(3)
The power to use the appearance ticket shall not imply
any restraint upon the power of the aforementioned public servants
to utilize any alternative methods of commencing prosecutions as may
be provided by law.
(4)
For purposes of this section, the term "appearance
ticket" shall have the same definition as provided in Article 150,
§ 150.10, of the Criminal Procedure Law of the State of
New York, and the procedure governing its uses shall conform in all
respects to the procedure as enumerated in Article 150 of the Criminal
Procedure Law of the State of New York and other applicable articles
of that law.
[Amended 4-12-1993 by Ord. No. 93-17; 2-26-1996 by Ord. No. 96-10; 6-3-1996 by Ord. No. 96-33; 11-22-2010 by Ord. No. 2010-18]
A.
Housing
Code. Failure to comply with the terms of this chapter shall be a
violation as defined by the Penal Law of the State of New York and
shall be a violation and shall be punishable as follows:
(1)
For
a first offense: by a fine of not less than $500 nor more than $1,000.
(2)
For a second offense of a prior violation of this chapter by the
same person(s), firm(s) and/or corporation(s): by a fine of not less
than $750 nor more than $1,500 or by a term of imprisonment of not
less than five days nor more than 15 days, or by both such fine and
imprisonment.
[Amended 9-12-2011 by Ord. No. 2011-16]
(3)
For a third offense and any subsequent offenses thereafter of a prior
violation of this chapter by the same person(s), firm(s) and/or corporation(s):
by a fine of not less than $1,500 nor more than $3,000 or by a term
of imprisonment of not less than five days nor more than 15 days,
or by both such fine and imprisonment.
[Amended 9-12-2011 by Ord. No. 2011-16]
(4)
In
the alternative, each violation of this chapter may be punishable
by a penalty of not less than $500 nor more than $3,000, to be recovered
by the City in a civil action.
B.
Building
Code.
[Amended 9-12-2011 by Ord. No. 2011-16]
(1)
When a person is convicted of failing to comply with any provision
of the Uniform Fire Prevention and Building Code (hereinafter "Uniform
Code"), such person shall be subject to a fine of not less than $500
nor more than $1,000 per day of violation or by a term of imprisonment
of not less than five days nor more than 15 days, or both such fine
and imprisonment.
(2)
Each day of violation shall be deemed to constitute a separate offense.
(3)
Fines levied shall constitute civil forfeitures to the City of Schenectady.
C.
A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues unabated after the time limit set for
the abatement of the violation.
D.
Any person
issued a notice of violation pursuant to any provision of this chapter
shall be subject to an administrative fee of $50, and such administrative
fee shall be charged against the land upon which the notice of violation
was issued as a municipal lien or such administrative fee shall be
added to the tax rolls as an assessment or levied as a special tax
against said property or recovered in a civil suit against the person
to which the notice of violation was issued.
[Added 2-26-1996 by Ord. No. 96-10]
All fines and penalties collected under § 167-15 of this chapter shall be received in a dedicated fund for the purpose of offsetting personnel costs of Code Enforcement Officers employed by the City of Schenectady.
