[HISTORY: Adopted by the Common Council of
the City of Oneonta as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-2-2019 by Ord. No. 2-2019[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 86,
Building Construction, which derived from Ch. 26 of the 1975 Compilation,
as amended.
A.
This article provides for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code (the Uniform
Code) and the State Energy Conservation Construction Code (the Energy
Code) in this City. Except as otherwise provided in the Uniform Code,
other state law, or other section of this article, all buildings,
structures, and premises, regardless of use or occupancy, are subject
to the provisions of this article.
B.
The City shall promulgate rules and regulations to secure the intent
and purposes of this article and a proper enforcement of the laws,
ordinances, rules, and regulations governing building plans, specifications,
construction, alteration or repairs, certificates of compliance, firesafety
and property maintenance inspections.
A.
Purpose. There is hereby established in the City a department, to
be designed as the "Building Department," for the administration and
enforcement of the provisions of all laws, ordinances, rules, regulations
and orders applicable to the location, design, materials, construction,
alterations, repair, equipment, maintenance, use, occupancy, removal
and demolition of buildings and structures and their appurtenances
located in the City.
B.
City Engineer to be head of department. The head of the Building
Department shall be the City Engineer. The Code Enforcement Officer
and all employees of the Building Department shall report to and be
under the direction, control and supervision of the City Engineer.
A.
The position of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, this article and other local
laws of the City of Oneonta. The Code Enforcement Officer shall have
the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates and operating permits, firesafety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this article;
(4)
To require independent inspections and test of equipment and systems
used in connection with premises.
(5)
To issue stop-work orders;
(6)
To review and investigate complaints;
(7)
To issue orders pursuant to the enforcement of this article;
(8)
To maintain records;
(9)
To collect fees as set by the City Council;
(10)
To pursue administrative enforcement actions and proceedings;
(11)
In consultation with the City of Oneonta attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this article;
and
B.
The Code Enforcement Officer shall be appointed by the City Council.
The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an inspector may be appointed by the City
Council to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this article.
D.
One or more inspectors may be appointed by the City Council to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this article. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The code enforcement personnel of the City of Oneonta, upon showing
proper credentials in the discharge of their duties, shall be permitted
to enter upon any building, structure, or premises, without interference,
during reasonable working hours and upon reasonable belief that a
violation exists.
F.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the City Council.
A.
Records required. The City Engineer shall keep permanent official
records of all transactions and activities of the Building Department,
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 the public
inspection during business hours.
B.
Report to Common Council. The City Engineer shall submit annually
to the Common Council a written report and summary of all business
conducted by the Building Department, including permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made and appeals of litigations pending.
The City Engineer may request and shall receive, so far as may
be necessary in the discharge of his duties, the assistance and cooperation
of the Police, Fire and Health Departments and all other municipal
officials exercising any jurisdiction over the construction, use or
occupancy of buildings or the installation of equipment therein.
No official or employee of the Building Department, while acting
pursuant to the provisions of this article, shall be personally liable
for any damage that may occur to persons or property as the result
of any act required or permitted in the discharge of his official
duties, provided that such acts are performed in good faith and without
gross negligence.
A.
Required. Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the erection, construction, structural change, enlargement, alteration, removal, relocation, improvement, demolition, conversion or change in the nature or the intensity of the occupancy of any building or structure or any portion thereof, or install a solid-fuel-burning heating apparatus, chimney or flue in any dwelling unit, or cause the same to be done, without first having obtained a separate building permit from the Code Enforcement Officer for each such building or structure. (See Subsection G for exceptions.)
B.
Application; form, contents. Application for a building permit shall
be made on forms provided by the Code Enforcement Office. The application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination that the intended work, use and
occupancy complies with all applicable requirements of the Uniform
Code, Energy Code, the City of Oneonta Zoning Code and all other applicable
provisions of this Municipal Code and 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, data to accompany application.
(1)
General requirements.
(a)
A description of the proposed work;
(b)
The tax map number and the street address of the premises where
the work is to be performed;
(c)
The occupancy classification of any affected building or structure;
(d)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code; and
(e)
At least two sets of construction documents (drawings and/or
specifications) which:
[1]
Define the scope of the proposed work;
[2]
Are prepared by a New York State-registered architect or licensed
professional engineer where so required by the Education Law;
[3]
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
[4]
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
[5]
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any utilities where applicable, the location of the intended work,
and the distances between the buildings and structures and the lot
lines.
(2)
Other reviews. A building permit application for any use requiring
a site plan review or a special use permit shall include all appropriate
information required for such site plan review or special use permit
applications.
(3)
Electrical, plumbing, HVAC and sprinkler work. Building permit applications
shall include information regarding the value of all electrical, plumbing,
HVAC and sprinkler work, the identity of the contractor(s) intended
to perform the work, and the specifications for the same. Separate
permits must be obtained for such work as specified elsewhere.
D.
Approval/issuance of building permit. The City Engineer, after determining
that such proposed work, use and occupancy are in compliance with
all provisions of the City of Oneonta Zoning Code, the New York State
Uniform Fire Prevention and Building Code and other applicable provisions
of this Municipal Code and New York State housing and building codes,
may approve any such application and issue a building permit in connection
therewith. An order from an appropriate appeals body excepting the
application from any of the above provisions shall be acceptable in
lieu of compliance with said provisions. The City Engineer shall refer
any application requiring the review of the Common Council, the Zoning
Board of Appeals or the Planning Commission to said agency and shall
not issue a building permit until their review is completed. Upon
approval of the application and 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. Upon approval of the application, both sets of plans
and specifications and the permit application shall be endorsed with
the word "approved." One set of such approved plans, specifications
and application shall be retained in the files of the Code Enforcement
Office, 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 City Engineer or his authorized representative
at all reasonable times.
E.
Disapproval of application and plans. The City Engineer, after determining
that such proposed work, use or occupancy are not in compliance with
all provisions of the City of Oneonta Zoning Code, the New York State
Uniform Fire Prevention and Building Code, and other applicable provisions
of this Municipal Code and New York State housing and building codes,
shall disapprove such application and shall return to the applicant
plans endorsed as "disapproved," with the reasons stated in writing
thereon.
F.
Amendment to application. Amendments to applications or to the plans
and specifications accompanying the same may be filed at any time
prior to the completion of the work, subject to the approval of the
City Engineer.
G.
Exceptions; building permits not required. Building permits shall
not be required for the following:
(1)
Ordinary repairs, provided that such repairs:
(a)
Do not involve the removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
Do not involve the removal or change of any required means of
egress, or the rearrangement of parts of a structure in a manner which
affects egress;
(c)
Do not involve the removal from service of all or part of a
fire protection system for any period of time;
(d)
Do not rearrange or alter the floor plan of a dwelling or property;
or
(e)
Do not exceed $5,000 in cost.
(2)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters);
(3)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(4)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(5)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(6)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(7)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(8)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(9)
Installation of partitions or movable cases less than five feet nine
inches in height;
(10)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(11)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(12)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications.
H.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection G of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
A.
Effect of issuance of permit. 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 regulations or other applicable provisions
of this Municipal Code, rules or regulations. The permit holder shall
immediately notify the Code Enforcement Officer of any change occurring
during the course of the work. The building permit shall contain such
a directive. If the Code Enforcement Officer determines that such
change warrants a new or amended building permit, such change shall
not be made until and unless a new or amended building permit reflecting
such change is issued. All work shall conform to the approved application,
plans and specifications, except that no building permit shall be
valid insofar as it authorizes the performance of work or the use
of materials which are not in accordance with the requirements of
the applicable building regulations or other applicable provisions
of this Municipal Code, rules or regulations.
B.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
A.
Schedule of fees. A fee schedule shall be established by resolution
of the Common Council of the City of Oneonta. Such fee schedule may
thereafter be amended from time to time by like resolution. The fees
set forth in, or determined in accordance with, such fee schedule
or amended fee schedule shall be charged and collected for the submission
of applications, the issuance of building permits, amended building
permits, renewed building permits, certificates of occupancy, temporary
certificates, operating permits, firesafety and property maintenance
inspections, and other actions of the Code Enforcement Officer described
in or contemplated by this article.
A.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
B.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code,
the Energy Code, or the City of Oneonta Zoning Code and all other
applicable provisions of this Municipal Code, or where the person
to whom a building permit has been issued fails or refuses to comply
with a stop-work order issued by the Code Enforcement Officer, the
Code Enforcement Officer shall revoke the building permit or suspend
the building permit until such time as the permit holder demonstrates
that:
(1)
All work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code; and
(2)
All work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code, the Energy Code or
the City of Oneonta Zoning Code and all other applicable provisions
of this Municipal Code.
C.
Stop-work orders.
(1)
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(a)
Any work that is determined by the Code Enforcement Officer
to be contrary to any applicable provision of the Uniform Code or
Energy Code, without regard to whether such work is or is not work
for which a building permit is required, and without regard to whether
a building permit has or has not been issued for such work; or
(b)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(c)
Any work for which a building permit is required which is being
performed without the required building permit, or under a building
permit that has become invalid, has expired, or has been suspended
or revoked.
(3)
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
(4)
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
(5)
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection C of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
Any person, firm, corporation, association or partnership who
fails to apply for a building permit, as required by and in accordance
with this article, and who proceeds to commence the erection, construction,
structural change, enlargement, alteration, removal, relocation, improvement,
demolition, conversion or change in the nature or the intensity of
the occupancy of any building or structure or any portion thereof,
or installs a solid-fuel-burning heating apparatus, chimney or flue
in any dwelling unit, or who causes the same to be done, shall be
required to file the applications and plans and pay the fees as provided
in this article and, in addition, shall be required to pay a late
inspection fee, the amount of which is to be set by resolution from
time to time by the Common Council of the City of Oneonta.
The City Engineer is authorized to inspect or cause to be inspected
any building or structure, or portion thereof, during and after completion
of any work for which a building permit was issued in order to be
assured that all plans as approved are complied with. Any officer
or employee of the Code Enforcement Office, 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, and no person
shall interfere with or prevent such entry.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection; said notification shall be requested at least 48 hours in advance by the owner or his agents.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or the Energy Code. Work not in compliance with any applicable
provision of the Uniform Code or the Energy Code shall remain exposed
until such work shall have been brought into compliance with all applicable
provisions of the Uniform Code and the Energy Code, reinspected, and
found satisfactory as completed.
Any person allegedly aggrieved as a result of an action or failure
to act by the City Engineer or the City Code Enforcement Officer in
regard to a building permit shall have recourse to the Board of Public
Service.
A.
Certificates of Occupancy required. A certificate of occupancy shall
be required for any work which is the subject of a building permit
and for all structures, buildings, or portions thereof, which are
converted from one use or occupancy classification or subclassification
to another. Permission to use or occupy a building or structure, or
portion thereof, for which a building permit was previously issued
shall be granted only by issuance of a certificate of occupancy.
B.
Application for Certificate of Occupancy; submittal requirements.
(1)
Affidavit of compliance. Any such application for a certificate of
occupancy shall be made in duplicate in accordance with rules established
by the City Engineer. Before the issuance of a certificate of occupancy,
there shall be filed with the municipality an affidavit of the registered
architect or licensed professional engineer who supervised the construction
of the work or if approved by the City Engineer an affidavit of the
superintendent of construction who supervised the construction and
who by reason of his experience is qualified to superintend the work,
or an affidavit of the owner of the property when the building or
structure is either a single-family dwelling or an accessory building
of less than 400 square feet which is accessory to a single- or two-family
dwelling. The 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
the laws governing building construction or a variance which has been
legally authorized. Such variances and qualifying conditions imposed
therewith, if any, shall be specified in the affidavit.
(2)
Affidavit of cost. Upon completion of the work the applicant for
a certificate of occupancy must execute and file with the Code Enforcement
Officer an affidavit of the total cost of the construction or improvement
before a certificate of occupancy shall be issued.
(3)
Total fee to be paid. In the event that the total cost exceeds the
estimated cost set forth in the building permit application, the applicant
must pay the additional amount due before a certificate of occupancy
shall be issued.
C.
Issuance of certificates of occupancy. The City Engineer shall issue
a certificate of occupancy if the work which was the subject of the
building permit was completed in accordance with all applicable provisions
of the Uniform Code and Energy Code and, if applicable, the structure,
building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable
provisions of the Uniform Code and Energy Code. The City Engineer
or an inspector authorized by the City Engineer shall inspect the
building, structure or work prior to the issuance of a certificate
of occupancy. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the City Engineer, at the expense of the applicant for the certificate
of occupancy, shall be provided to the City Engineer prior to the
issuance of the certificate of occupancy:
D.
Contents of certificate of occupancy. A certificate of occupancy
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and tax map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy/certificate of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy and the date of issuance.
E.
Temporary certificate.
(1)
The City Engineer shall be permitted to issue a temporary certificate
allowing the temporary occupancy of a building or structure, or a
portion thereof, prior to completion of the work which is the subject
of a building permit. However, in no event shall the City Engineer
issue a temporary certificate unless the City Engineer determines
that:
(a)
The building or structure, or the portion thereof covered by
the temporary certificate, may be occupied safely;
(b)
Any fire- and smoke-detecting or fire-protection equipment which
has been installed is operational; and
(c)
All required means of egress from the building or structure
have been provided.
(2)
The City Engineer may include in a temporary certificate such terms
and conditions as he or she deems necessary or appropriate to ensure
safety or to further the purposes and intent of the Uniform Code.
A temporary certificate shall be effective for a period of time, not
to exceed three months, which shall be determined by the City Engineer
and specified in the temporary certificate. During the specified period
of effectiveness of the temporary certificate, the permit holder shall
undertake to bring the building or structure into full compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
F.
Revocation or suspension of certificates. If the City Engineer determines
that a certificate of occupancy or a temporary certificate was issued
in error because of incorrect, inaccurate or incomplete information,
and if the relevant deficiencies are not corrected to the satisfaction
of the City Engineer within such period of time as shall be specified
by the City Engineer, the City Engineer shall revoke or suspend such
certificate.
G.
Failure to apply for a certificate of occupancy. Any person who fails
to apply for a certificate of occupancy as required by and in accordance
with this article and who proceeds to occupy or use or change the
use of the buildings or land shall be required to file the applications
and plans and pay the fees as provided in this article and, in addition,
shall be required to pay an inspection fee, the amount of which is
to be set by resolution from time to time by the Common Council of
the City of Oneonta. This subsection shall not apply to buildings
which are permitted to remain occupied during the construction and
are also not being changed in use.
H.
Appeal. Any person allegedly aggrieved as a result of an action or
failure to act by the City Engineer, in regard to a certificate of
occupancy, shall have recourse to the Board of Public Service of the
City of Oneonta.
A.
Except as otherwise provided herein, it shall be unlawful and a violation
of this article to rent, lease, or otherwise allow the occupancy of
any residential or commercial structure, property, building or dwelling
unit without the inspection and certification as required herein.
B.
The City Engineer and his representatives shall be authorized, in
the performance of their duties, to conduct inspections of premises,
or parts of premises, at such times and in such manner as the City
Engineer may find convenient or necessary, with the consent of the
person in possession or occupancy.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3)
Firesafety and property maintenance inspections of all rental properties not included in Subsection B(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection B(1) or (2) of this section, shall be performed at least once every 36 months.
C.
If admission is refused or cannot be obtained from the person, in
possession or occupancy, the City Engineer or his representatives
shall be authorized to obtain a warrant to make an inspection, provided
that reasonable or probable cause is shown.
D.
Nothing herein shall be construed to limit the right of the Code
Enforcement Officer and his/her representatives to inspect any property
at any time. If, after issuing a certificate of compliance, the Code
Enforcement Officer or representatives receive a complaint alleging
a violation of this article, other than a violation that creates an
imminent hazard to the public health or to the physical or mental
health of the occupants of the rental property, the City Engineer
and/or his representatives shall make a good-faith effort to notify
the owner or agent of the complaint by either telephone or regular
mail, before conducting an inspection under this article, and shall
provide to the owner or agent one working day to explain what steps
the owner or agent is taking to correct the violation. The Code Enforcement
Officer or his/her representatives may take steps necessary, by inspection
or other means, to assure that the violation is corrected.
E.
An inspection fee will be billed to the property owner upon the issuance
of an inspection report in the amount set forth in the established
fee schedule which may be amended from time to time by resolution
of the Common Council. All fees shall be paid to the City Chamberlain.
F.
If a scheduled inspection does not take place, or cannot be completed
as a result of the actions of the property owner or owner's agent
(such as the failure to appear for the inspection or access to any
portion of the premises is denied or inaccessible), an inspection
fee will be assessed.
G.
The inspection fee shall include one reinspection. If an additional
reinspection of the building or premises is required because violations
remain uncorrected, a separate reinspection fee shall be charged.
H.
If any inspection fees remain unpaid on November 1 of any year, the
same shall be assessed against such property, and the same shall be
levied, corrected, enforced and collected in the same manner, by the
same proceedings, at the same time, and having the same lien upon
the property so assessed as the general City tax and as a part thereof.
I.
OFPC inspections. Nothing in this section or in any other provision
of this article shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection B(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection B(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection B(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection B(3) of this section.
A.
As scheduled by the City Engineer, owners and lessors of premises
shall be responsible for the inspection and testing of plumbing, heating,
gas and electrical equipment and systems, sprinkler, standpipe, fire-detecting
and fire-alarm systems, and elevators, dumbwaiters and escalators
used in connection with such premises.
B.
Inspections and tests shall be made by qualified persons who, because
of experience or education, are recognized as competent by the City
Engineer.
C.
If any equipment or system is found to be defective or not in proper
operating condition upon inspection or test, the owner or lessor shall
promptly remedy such defect or condition.
D.
Reports of inspections and tests, signed by the tester and a witness,
together with a statement of any remedial measures to be taken, shall
be filed with the City Engineer within 10 days after each inspection
and test. A duplicate of the report shall be kept on the premises,
available for examination by the City Engineer or his representatives.
E.
Reports of inspections and tests shall not be used in or as the basis
of prosecution for the existence of a defect or improper condition
on the date of inspection.
A.
Except as otherwise provided herein, it shall be unlawful and a violation
of this article to rent, lease, or otherwise allow the occupancy of
any residential or commercial rental unit without the inspection and
certification as required herein.
B.
Owners and lessors of premises, or their respective agents, shall
within one year after the effective date of this article 90 days from
the date of mailing of registration forms by the City Engineer, whichever
occurs first, file with the City Engineer, on the registration forms
provided by the City Engineer, the following information:
(1)
The names and addresses of the owner and lessor, and of their respective
agents, upon whom violation orders may be served.
(2)
A description of the property, by street and number or otherwise,
as will enable the City Engineer to locate the same.
(3)
Such other appropriate information as may be requested, including
but not limited to use of premises, available facilities, number of
units, number and size of rooms, together with a schematic diagram
showing the typical floor layout of the units and rooms with appropriate
designations and identifications.
C.
Nonresident owners of premises, who are not employed or engaged in
business within the municipality and do not customarily and regularly
come into the municipality to attend a business office, shall designate
an agent who resides within the municipality or customarily and regularly
engages in and attends a business in the municipality.
D.
All residential rental dwelling units and commercial rental units,
excluding fraternity, sorority and membership association houses,
shall be inspected and certified by the Code Enforcement Office, or
representatives such as assistants and inspectors, of the City of
Oneonta, which shall determine compliance with, administer and enforce
all applicable provisions of the Uniform Code, Energy Code or the
City of Oneonta Zoning Code and all other applicable provisions of
this Municipal Code. On and after December 31, 2018, certificates
of compliance shall be valid for 36 months from the date of issuance.
A residential rental premises, if vacated, shall continue to meet
all requirements of this article for occupied residential rental premises,
until such time as the premises is vacant continuously for a period
of three years.
E.
Multiple dwellings occupied in any one dwelling unit as a "fraternity, sorority, chapter or membership association house," as defined in Chapter 300, Zoning, § 300-4, shall be inspected and certified annually by the Code Enforcement Office, or representatives such as assistants and inspectors, of the City of Oneonta, which shall determine compliance with, administer and enforce all applicable provisions of the Uniform Code, Energy Code or the City of Oneonta Zoning Code and all other applicable provisions of this Municipal Code. Certificates of compliance for fraternity, sorority, chapter or membership association houses shall be valid for 12 months from the date of issuance.
F.
A new certificate shall be required for every premises, improved
or unimproved, if the use or occupancy is changed, a building or structure
is altered, or vacant premises are reoccupied. A certificate may be
revoked, by written notice thereof, if upon an inspection premises
are found to be in violation of the housing standards, the New York
State Multiple Residence Law or the New York State Uniform Fire Prevention
and Building Code.
G.
Nothing contained herein shall be construed or operate to invalidate
an otherwise legally effective permit or certificate issued prior
to December 31, 2018, except that such permit or certificate shall
be valid for 36 months from the date of issuance.
H.
If, upon inspection, said premises do not comply with all applicable
provisions of the Uniform Code, Energy Code or the City of Oneonta
Zoning Code and all other applicable provisions of this Municipal
Code, the specific reasons for noncompliance shall be specified, in
writing, in a notice and order, as provided. The notice and order
shall be provided to the owner or the owner's agent. Occupants
or proposed occupants of dwellings shall have the right to inspect
the certificate of substantial compliance of the residential rental
dwelling unit, apartment or multiple residences in which they have
an interest at no cost.
I.
Affidavit of compliance. Any such application for a certificate of
compliance shall be made in duplicate in accordance with rules established
by the City Engineer. Upon written request of the property owner,
the enforcement officer shall issue a certificate of compliance setting
forth that, on the date of said certificate, the building in question
complied with all the terms, conditions and requirements of this article.
In the event that the premises do not comply with the terms and requirements
of this article, the enforcement officer shall issue a written statement
setting forth in what manner the terms and requirements of this article
are violated.
J.
Effect of failure; refusal to issue. The failure or refusal of the
enforcement officer to issue a certificate of compliance or a statement
setting forth the manner in which said premises do not comply with
the terms and requirements of this article may be appealed to the
Board of Public Service.
A.
Except as otherwise provided herein, it shall be unlawful and a violation
of this article to rent, lease, or otherwise allow the occupancy of
any building or property for commercial purposes without the inspection
and certification as required herein.
B.
Firesafety and maintenance inspection. Each place of public assemblage
shall be inspected annually, all other commercial uses every 36 months,
to ascertain whether such place conforms to the requirements of Article
17, Public Safety, of the Labor Law, the New York State Uniform Fire
Prevention and Building Code, the rules and regulations issued by
the Department of Labor and Board of Standards and Appeals and the
New York State Sanitary Code, all of which are hereby adopted by the
City for the purpose of establishing rules and regulations for the
health and safety and lives of the inhabitants of the City of Oneonta.
C.
Applicability to places with capacity for less than 100 persons.
The above-adopted codes and rules shall also apply to all places of
public assemblage, bars, taverns, restaurants and eating establishments,
regardless of capacity, and whether the same shall be of less or of
more than 100 persons, in the City of Oneonta, but shall not apply
to churches, synagogues or other places of worship and religious observance
when in use for religious purposes.
D.
Determination of capacity for places of public assembly; notice. After each inspection provided for in Subsection A, the number of persons permitted to assemble at any time in said establishment shall be determined in accordance with the New York State Uniform Fire Prevention and Building Code and a notice posted prominently in each establishment designating the number of persons permitted in said establishment at any time and that said establishment complies with the requirements of the code and rules and regulations.
E.
Duty of owner or operator. It shall be the duty of the property owner
or operator of each establishment to ascertain whether such place
conforms to the requirements of Article 17, Public Safety, of the
Labor Law, the New York State Uniform Fire Prevention and Building
Code, the rules and regulations issued by the Department of Labor
and Board of Standards and Appeals and the New York State Sanitary
Code and to prohibit the assemblage of persons in his establishment
of more than the posted number of persons permitted.
F.
A new certificate shall be required for every premises, improved
or unimproved, if the use or occupancy is changed, a building or structure
is altered, or vacant premises are reoccupied.
G.
Enforcement officers. The Police Chief, the City Engineer, the Code
Enforcement Officer, the Health Officer and the Fire Chief shall be
charged with the enforcement of this section, any one of whom may
be designated as the Enforcement Officer.
H.
Revocation of certificate of compliance. A certificate of compliance
issued in accordance with the provisions of this article may be revoked
for cause for the violation of this section.
I.
Appeal. Any person allegedly aggrieved as a result of an action or
failure to act by the Police Chief, the City Engineer, the Code Enforcement
Officer, the Health Officer or the Fire Chief in regard to a certificate
of compliance shall have recourse to the Board of Public Service.
The City Engineer shall review and investigate complaints which
allege or assert the existence of conditions or activities that fail
to comply with the Uniform Code, the Energy Code, this article, or
any other local law, ordinance, or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the City Engineer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected
property and any other person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation, or otherwise proceeding in the manner described
in this article;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The City Engineer is authorized to order in writing the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy
Code, or this article. Upon finding that any such condition or activity
exists, the City Engineer shall issue a violation order hereunder.
(1)
The order shall:
(a)
Be in writing.
(b)
Identify the premises.
(c)
Specify the violation and remedial action to be taken.
(d)
Provide a reasonable time limit for compliance.
(e)
State the time within which an appeal may be taken.
(f)
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 City Engineer may remedy the violation.
B.
A violation order may be served as follows:
(1)
By personal service.
(2)
By mailing, by registered or certified mail, to the person whose
name has been filed with the City Engineer, in accordance with this
article, to his address as therewith filed, or to the occupant, of
a copy of such order.
(3)
If no person has filed with the City Engineer the name and address
of the owner, lessor or their respective agent upon whom an order
may be served, as provided in this article, 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.
After the time for correction is passed, there shall be a reinspection,
for which a reinspection fee shall be charged. If the violation is
not corrected, the inspector may schedule a time for one or more reinspections,
each of which may not commence sooner than seven calendar days from
the date of the last inspection, to determine whether the violation
is corrected. If reinspections of the building or premises are required
because violations remain uncorrected, a separate reinspection fee
shall be charged for each such reinspection in accordance with the
inspection fee schedule then in effect.
D.
In case the owner, lessor, occupant or the agent of any of them shall
thereafter fail, neglect or refuse to remove, eliminate or abate the
violation, the City Engineer shall request the City Attorney to take
appropriate legal action or to refer the matter to the City Prosecutor
for prosecution.
E.
Injunctive relief. An action or proceeding may be instituted in the
name of the City of Oneonta, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this article, or any term or condition of any building permit, certificate
of occupancy/certificate of compliance, temporary certificate, stop-work
order, violation order, or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this article. In
particular, but not by way of limitation, where the construction or
use of a building or structure is in violation of any provision of
the Uniform Code, the Energy Code, this article, or any stop-work
order, compliance order or other order obtained under the Uniform
Code, the Energy Code or this article, an action or proceeding may
be commenced in the name of the City of Oneonta, in the Supreme Court
or in any other court having the requisite jurisdiction, to obtain
an order directing the removal of the building or structure or an
abatement of the condition in violation of such provisions. No action
or proceeding described in this subsection shall be commenced without
the appropriate authorization from the City Manager of the City of
Oneonta.
F.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or penalty available to address any
violation described in this section, and each remedy or penalty specified
in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
section, of this article, in any other section of this article, or
in any other applicable law. Any remedy or penalty specified in this
section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this section, in any other section of this article, or in any other
applicable law. In particular, but not by way of limitation, each
remedy and penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the penalties specified
in Subsection (2) of § 382 of the Executive Law, and any
remedy or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit
of any penalty specified in Subsection (2) of § 382 of the
Executive Law.
A.
Failure to comply with a violation order, within the time limit stated
therein, shall constitute an offense. A person convicted of an offense
shall be punished by a fine not to exceed $1,000 or by imprisonment
for a period not to exceed one year, or both. Failure to comply with
a violation order, after such time limit, may constitute a separate
offense for which the aforesaid penalties may be cumulatively imposed.
B.
The penalties and fees herein prescribed shall not continue to accrue
upon a property or be imposed upon a person who, by operation of law,
acquires premises for which a violation order has been issued or an
administrative fee imposed for a period of six months after the date
of such acquisition of the premises. Nevertheless, the penalties shall
attach and administrative fees shall recommence upon the expiration
date of such six-month period if the violations have not been corrected
or the inspections and reports required by this provision have not
been submitted to the City.
C.
Failure to schedule and provide access for required inspections,
to submit inspection reports, and to submit registration forms to
the Code Enforcement Office, shall also be liable for and incur administrative
fees.
E.
Any person, firm, corporation, association, or partnership which
fails to schedule and provide access for required housing inspections
or submit required inspection reports or registration forms, upon
certified mail notification from the City of Oneonta, for overdue
inspections, inspection reports, or registration forms as required
in accordance with this article, shall be charged with administrative
fees as may be determined and established by a duly authorized resolution
made from time to time by the Common Council of the City of Oneonta.
F.
Such fee shall be imposed on the property.
(1)
The owner shall be notified of any finding prior to the imposition
of a fee and the process for appeal, in accordance with the schedule
of notice and penalties, then in effect as determined by resolution
of the Common Council.
(2)
Any administrative fee incurred shall continue to accrue in accordance
with that schedule and if still unpaid on October 31 of the year,
the same shall be relevied upon the real property taxes for the property
upon which such administrative fee was imposed, and the same shall
become a lien against the premises. The Common Council may hereafter
amend the date of final payment by resolution which, if so amended,
will become effective during the next calendar year after such amended
date is established.
(3)
Administrative fees shall not attach to a property that is sold either
at a court-ordered foreclosure sale or by the transfer of ownership
by deed to a bona fide mortgage holder after the commencement of a
foreclosure action duly filed against said property. In such case,
the fee shall still be imposed upon the prior owner and may be collected
in the same manner as any other fee owed to the City.
G.
Any person wishing to dispute any finding upon which any administrative
fee under this provision is imposed may appeal such determination
to the Board of Public Service. Appeals must be submitted to the Code
Enforcement Office, and must be received by the Code Enforcement Office
within 30 days of the date of the bill for payment of the administrative
fee. Appeals must be submitted in writing and must clearly state the
basis for the appeal and why the factual determination of the Code
Enforcement Officer was either incorrect, without factual basis or
why compliance created undue hardship to an owner-occupied property.
Any appeal filed without written allegations of specific incorrect
facts or incorrect procedures on the part of the City, its employees
or agents, or without documentary showing of financial hardship to
an owner-occupied property, shall be dismissed without further hearing.
A claim of ignorance of the provisions of the statute shall not constitute
a basis for a valid appeal.
If any section of this article shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
article.
