[HISTORY: Adopted by the City Council of the City of Newburgh
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Public Works — See Charter, Art.
IX.
Fire Department — See Charter, Art. XII, and Ch. 42.
Vacant buildings — See Ch. 121.
Demolition of buildings — See Ch. 125.
Nuisance buildings — See Ch. 126.
Unsafe buildings — See Ch. 129.
Construction operations — See Ch. 139.
Electrical standards — See Ch. 155.
Fees — See Ch. 163.
Performance of work by City — See Ch. 226.
Signs — See Ch. 250.
Subdivision of land — See Ch. 266.
Zoning — See Ch. 300.
[Adopted 11-13-1976 (Ch. 5, Art. II, of the Code of Ordinances)]
[Amended 6-13-1988 by L.L. No. 4-1988]
A.
The New York State Uniform Fire Prevention and Building Code shall
apply within the City.
B.
The agency charged with the enforcement of the code shall be the
Code Compliance Bureau of the Fire Department.
C.
Where other City codes are in force applying a stricter standard
than the Uniform Code, the strictest provisions shall govern.
[Amended 2-14-1983; 6-13-1988 by L.L. No. 4-1988]
Whenever used in the State Uniform Fire Prevention and Building
Code, the following terms shall have the meanings indicated:
The Building Inspector of the City or, during his absence
or disability, the Code Compliance Supervisor or any of the Assistant
Chiefs or the Deputy Chiefs of the Fire Department as may be assigned
by the City Manager or by the Chief of the Fire Department to act
in the capacity of Building Inspector.
[Amended 6-13-1988 by L.L. No. 4-1988]
There shall be created in the City the separate and distinct
position of Code Compliance Supervisor, who shall be duly qualified
and who shall be appointed by the City Manager and shall enforce the
Construction and Housing Codes of the City and the directives of the
court as hereinafter provided.
A.
Generally. The Code Compliance Supervisor shall be charged with the
duty of administering the standards of this article and securing compliance
therewith. He shall further be charged with the duty of enforcing
directives of the court as hereinafter provided.
B.
Surveys. The Code Compliance Supervisor shall be authorized to conduct
surveys of housing in any area of the City to determine the condition
of structures and premises, the extent of deterioration, the adequacy
of facilities, maintenance and sanitary conditions, the extent of
overcrowding, land use and other relevant factors.
C.
Inspections. 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.
Records. The Code Compliance Supervisor 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.
E.
Reports. The Code Compliance Supervisor shall, annually, submit to
the City Council a written report and summary of all business conducted
by the Bureau of Code Compliance, including permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made and appeals or litigations pending.
[Amended 6-13-1988 by L.L. No. 4-1988]
F.
Orders. 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 article and for the building and
construction codes in effect.
G.
Enforcement. Except as otherwise specifically provided by law, ordinance
or regulation or except as herein otherwise provided, the Code Compliance
Supervisor shall administer and enforce all the provisions of laws,
ordinances and regulations applicable to the construction, alteration,
repair, removal or demolition of buildings and structures and the
installation and use of materials and equipment therein and the location,
use, occupancy and maintenance thereof.
[Amended 6-13-1988 by L.L. No. 4-1988]
H.
Permits. He shall receive applications and issue permits for the
erection, alteration, removal and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of ensuring compliance with laws, ordinances and regulations governing
building construction.
A.
The Code Compliance Supervisor may request and shall receive the
assistance of the Health, Engineering and 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 City Manager.
B.
The Corporation Counsel shall, upon complaint of the Code Compliance
Supervisor, 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 Code Compliance Supervisor.
[Amended 6-13-1988 by L.L. No. 4-1988]
The Code Compliance Supervisor or his representative or any
duly authorized City representative, upon the showing of proper credentials
in the discharge of his duties, may enter upon any building, structure
or premises at any reasonable hour or in an emergency at any hour
whatsoever upon the consent of the owner or occupant of the premises
or pursuant to a lawful warrant.[1]
[1]
Editor's Note: Former Sec. 5-17, which immediately followed
this section and dealt with the right of entry by the Building Official
and Building Inspectors, was repealed 6-13-1988 by L.L. No. 4-1988.
A.
Notice. Whenever the Code Compliance Supervisor determines that there
has been a violation of any provision of this article or any rule
or regulation adopted pursuant thereto, he shall give notice of such
violation to the person or persons responsible therefor. 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.
B.
Service of notice. Such notice shall be deemed to be properly served
upon such owner, agent, operator or occupant if a copy is served upon
him personally or if a copy thereof is delivered by certified mail
to the last known address of such person and a copy is posted in a
conspicuous place in or about the building affected by the notice.
C.
Proceedings to compel compliance. In the event that 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 violation, the Corporation Counsel shall be advised of all facts and may institute appropriate action in the court to compel compliance. Additionally, the City may abate such condition and assess a lien against the property for the costs of such abatement together with an administrative fee of 15%, pursuant to the procedures set forth in Chapter 226 of the City Code.
[Amended 1-10-2011 by Ord. No. 2-2011]
D.
Emergency cases. In cases of emergency which, in the opinion of the Code Compliance Supervisor, 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 to the public, the City may abate such condition and assess a lien against the property for the costs of such abatement, together with an administrative fee of 15%, pursuant to the procedures set forth in Chapter 226 of the City Code.
[Amended 1-10-2011 by Ord. No. 2-2011]
E.
Costs. Costs incurred under Subsections C and D shall be paid out of the municipal treasury on certification of the Code Compliance Supervisor. Such costs shall be charged against the land on which the building exists or existed as a municipal lien or such cost shall be added to the tax rolls as an assessment or shall be levied as a special tax against the land upon which the building stands or did stand or shall be recovered by a suit at law against the owner.
F.
Responsibility for violation. Owners, agents, operators and occupants
shall have all the duties and responsibilities as prescribed in this
section and the regulations promulgated pursuant thereto, and no owner,
agent, operator or occupant shall be relieved from any such duty and
responsibility nor be entitled to defend against any charge of violation
thereof by reason of the fact that the occupant or any other person
is responsible and in violation thereof.
[Amended 6-13-1988 by L.L. No. 4-1988; 9-28-1998 by Ord. No. 12-98]
A.
Any person violating or failing to comply with any provision of the
State Uniform Fire Prevention and Building Code shall be punished
as provided in § 382 of the Executive Law of the State of
New York.
B.
Any person who shall violate any of the provisions of this article or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this article of the Code of Ordinances of the City of Newburgh.
C.
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects. Each
day that prohibited conditions exist shall constitute a separate offense.
D.
The application of the above penalties shall not be held to prevent
the enforced removal of prohibited conditions.
No officer, agent 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 article.
The repeal of any provisions of any other ordinances by this
article shall not affect any action for prosecution or abatement under
any such ordinance or any notice, complaint or order issued by any
officer or agency of the City prior to the effective date hereof or
concerning which any prosecution or other steps of enforcement have
been taken or are being taken within any administrative agency or
in the court for enforcement thereof.
[1]
Editor's Note: Former § 122-11, Fire limits
established, as amended, was repealed 10-24-1988 by Ord. No. 21-88.
No person shall commence the erection, construction, enlargement,
alteration, removal, improvement, demolition, conversion or change
in the nature of the occupancy of any building or structure, or cause
the same to be done, without first obtaining a separate building permit
from the Building Official for each such building or structure, except
that no building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
[Amended 3-28-1977]
A.
Contents. Application for a building permit shall be made to the
Building Official on forms provided by him and shall contain the following
information:
(1)
A description of the land on which the proposed work is to be done.
(2)
A statement of the use or occupancy of all parts of the land and
the proposed building structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the applicant and the
names and addresses of their responsible officers if any of them are
corporations.
(5)
A brief description of the nature of the proposed work.
(7)
Such other information as may reasonably be required by the Building
Official to establish compliance of the proposed work with the requirements
of the applicable building laws, ordinances and regulations.
B.
Applicant. Applications shall be made by the owner or lessee or agent
of either, or by the architect, engineer or builder employed in connection
with the proposed work. Where such application is made by a person
other than the owner, it shall be accompanied by an affidavit of the
owner or applicant that the proposed work is authorized by the owner
and that the applicant is authorized to make such application.
C.
Plans and specifications required. Each application for a building
permit shall be accompanied by duplicate copies of plans and specifications,
including a plot plan drawn to scale, showing the location and size
of all proposed new construction and all existing structures on the
site, the existing or proposed connections to City water and sewer
mains, provisions for handling stormwater runoff, the nature and character
of the work to be performed and the materials to be incorporated,
distances from lot lines, the relationship of structures on adjoining
property, widths and grades of adjoining streets, walks and alleys
and, where required by the Building Official, details of structures,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data.
[Amended 4-13-1987 by Ord. No. 3-87]
D.
Execution of plans and specifications. Plans and specifications shall
bear the signature of the person responsible for the design and drawings
and, where required by § 7302, as amended, of Article 147
of the Education Law of the State of New York, the seal of a licensed
architect or a licensed professional engineer.
E.
Waiver of Subsection C. The Building Official may, at his sole discretion, waive the requirement for filing plans and specifications for minor alterations. For the purposes of this subsection, "minor alterations" shall mean work costing less than $10,000 but shall not include items of construction which would alter, modify or substantially impact the structure of the building.
[Amended 4-13-1987 by Ord. No. 3-87]
F.
Amendments. Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Bureau
of Code Compliance and approval received from the Building Official
prior to the commencement of such change of work.
[Amended 6-13-1988 by L.L. No. 4-1988]
A.
Upon the filing of an application for a building permit, the fees as set forth in Chapter 163, Fees, of this Code shall be paid.
[Amended 6-13-1988 by L.L. No. 4-1988]
B.
In the event that an application for a building permit is not approved,
the applicant shall be entitled to a refund of 50% of the fee paid,
provided that no construction has been commenced. If construction
work has been started and the application is not approved, the fees
paid shall not be refunded.
A.
Authority of Building Official. The Building Official shall examine
or cause to be examined all applications for permits and the plans,
specifications and documents filed therewith. He shall approve or
disapprove the application within a reasonable time.
B.
Issuance.
(1)
Upon approval of the application and upon receipt of the legal fees
therefor, he shall issue a building permit to the applicant upon the
form prescribed by him and shall affix his signature or cause his
signature to be affixed thereto.
(2)
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "Approved." One set of such approved
plans and specifications shall be retained in the files of the Bureau
of Code Compliance, and the other set shall be returned to the applicant,
together with the building permit, and shall be kept at the building
site open to inspection by the Building Official or his authorized
representative at all reasonable times.
[Amended 6-13-1988 by L.L. No. 4-1988]
C.
Disapproval. If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Official shall disapprove the same and shall
return the plans and specifications to the applicant. Upon the request
of the applicant, the Building Official shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant
in writing.
D.
Withdrawal by applicant. In the event that it is determined by the
applicant after the issuance of a building permit and payment of required
fee that the proposed construction is not desired and there is no
intent to proceed with reference to the same, then and in that event
a letter signed by the applicant, expressing his intention not to
continue, shall be received by the Code Compliance Supervisor. The
Code Compliance Supervisor shall present the aforementioned letter
to the Comptroller, who shall refund the fees paid and shall receive
from the applicant a signed receipt that the fees have been refunded
in full. A copy of such receipt shall be submitted to the Code Compliance
Supervisor for his records.
The issuance of a building permit shall constitute authority
to the applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building
laws, ordinances or regulations. All work shall conform to the approved
application, plans and specifications.
A building permit shall be effective to authorize the commencing
of work in accordance with the application, plans and specifications
on which it is based for a period of six months after the date of
its issuance. For good cause, the Building Official may allow a maximum
of two extensions for periods not exceeding three months each.
Building permits shall be prominently displayed on the job site
at all times during the progress of construction so as to be readily
seen from adjacent thoroughfares.
The Building Official may revoke a building permit theretofore
issued in the following instances:
A.
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
B.
Where he finds that the building permit was issued in error and should
not have been issued in accordance with the applicable law.
C.
Where he finds that the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans
or specifications.
D.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Official.
A.
Whenever the Building Official has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the applicable building permit as issued or in
an unsafe and dangerous manner, he shall notify the owner of the property
or the owner's agent or the person performing the work to suspend
all work, and any such person shall forthwith stop such work and suspend
all building activities until the stop order has been rescinded.
B.
Such order and notice shall be in writing, shall state the conditions
under which the work may be resumed and may be served upon a person
to whom it is directed either by delivering it personally to him or
by posting the same upon a conspicuous portion of the building under
construction and sending a copy of the same by certified mail.
A.
Required. No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Official.
B.
Application to alterations. No building hereafter enlarged, extended
or altered or upon which work has been performed which required the
issuance of a building permit shall continue to be occupied or used
for more than 30 days after the completion of the alteration or work
unless a certificate of occupancy shall have been issued by the Building
Official.
C.
Application to change in occupancy. No change shall be made in the
use or type of occupancy of an existing building unless a certificate
of occupancy authorizing such change shall have been issued by the
Building Official.[1]
[1]
Editor's Note: Former Subsection D, Current certificate
required, as amended, which immediately followed this subsection,
was repealed 12-27-1988 by Ord. No. 25-88.
A.
The owner of property or his agent shall make application for a certificate
of occupancy.
B.
Accompanying this application and before the issuance of a certificate
of occupancy, there shall be filed with the Building Official an affidavit
of the registered architect or licensed professional engineer who
filed original plans or of the registered architect or licensed professional
engineer who supervised the construction of the work or of the superintendent
of construction who supervised the work and who, by reason of his
experience, is qualified to superintend the work for which the certificate
of occupancy is sought. This affidavit shall state that the deponent
has examined the approved plans of the structure for which a certificate
of occupancy is sought, that the structure has been erected in accordance
with approved plans and, as erected, complies with the law governing
building construction, except insofar as variations therefrom have
been legally authorized. Such variations shall be specified in the
affidavit.
A.
Before issuing a certificate of occupancy, the Building Official
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy, and he may conduct such inspections as he deems
appropriate from time to time during and upon completion of the work
for which a building permit has been issued.
B.
There shall be maintained in the Bureau of Code Compliance a record
of all such examinations and inspections, together with a record of
findings of violations of the law.
[Amended 6-13-1988 by L.L. No. 4-1988]
A.
Authority of Building Official. When, after final inspection, it
is found that the proposed work has been completed in accordance with
the applicable building laws, ordinances and regulations and also
in accordance with the application, plans and specifications filed
in connection with the issuance of the building permit, the Building
Official shall issue a certificate of occupancy upon the form provided
by him. If it is found that the proposed work has not been properly
completed, the Building Official shall refuse to issue a certificate
of occupancy and shall order the work completed in conformity with
the building permit and in conformity with the applicable building
regulations.
B.
Time limit for issuance. A certificate of occupancy shall be issued,
where appropriate, within 30 days after application therefor is made.
Failure to act upon such application within 30 days shall constitute
approval of such application, and the building or portion thereof
may thereafter be occupied as though a certificate of occupancy had
been issued.
A certificate of occupancy shall certify that the work has been
completed and that the proposed use and occupancy is in conformity
with the provisions of the applicable building laws, ordinances and
regulations and shall specify the use or uses and the extent thereof
to which the building or structure or its several parts may be put.
A.
Issuance. Upon request, the Building Official may issue a temporary
certificate of occupancy for a building or structure or part thereof
before the entire work covered by the building permit shall have been
completed, provided that such portion or portions as have been completed
may be occupied safely without endangering life or the public welfare.
B.
Duration. A temporary certificate of occupancy shall remain effective
for a period not exceeding three months from its date of issuance.
For good cause, the Building Official may allow a maximum of two extensions
for periods not exceeding three months.
C.
Security and guaranty. The Building Official shall be empowered to
require submission by any applicant for a partial or temporary certificate
of occupancy of adequate and sufficient guaranty and security in a
form satisfactory to the Corporation Counsel and the Building Official
to ensure the proper completion of the structure or other improvements
to be covered by said certificate.
[Added 5-29-1990 by Ord. No. 18-90]
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of the applicable building laws, ordinances or regulations, the Building
Official may require the same to be subject to tests in order to furnish
proof of such compliance.[1]
[1]
Editor's Note: Former Secs. 5-39 and 5-40, which immediately
followed this section and dealt with noncompliance and abatement of
violations, were repealed 6-13-1988 by L.L. No. 4-1988.
[Adopted 8-14-1995 by Ord. No. 5-95]
The Council has found that the painting and covering of storefront
windows creates a detrimental safety and security condition for the
occupants of the premises and is not in keeping with the character
and appearance of the City.
The entire surface of the window or door glass of any retail
business, office or nonresidential premises shall be clear and shall
not be painted, finished, decorated or otherwise obscured or covered
so as to render such window or door glass opaque or translucent.
The entire surface of the window or door glass of any retail business, office or nonresidential premises shall be clear and shall not be painted, finished, decorated or otherwise obscured or covered so as to render such window or door glass opaque or translucent, nor shall any sign or decoration be placed on such window or door glass within any Historic District or Architectural Design District, except in conformity with Chapter 300, Zoning, § 300-26, and Chapter 250, Signs, of the Code of Ordinances.
The owner, agent or occupant of any premises shall remove, repair
or replace all glass that is not in conformance with this article
by not later than January 1, 1996.
This article shall take effect immediately.
