City of Albany, NY Article IV Peremptory Orders and Fees

§ 133A-4 Peremptory orders and fees.

A. Stop-work orders. Whenever the Chief Building Official or their designee finds that work or activity is being or has been performed in violation of any provision of law cited in § 133A-1, the Chief Building Official or their designee may issue a stop-work order.

(1) Issuance. Upon issuance of a stop-work order by the Chief Building Official or their designee, all work shall immediately stop unless otherwise specified. Such order may require all persons to forthwith vacate the premises pursuant to Subsection B of this section and may also require such work to be done as, in the opinion of the Chief Building Official or their designee, may be necessary to remove any danger therefrom. The Police Department or other law enforcement agency or officer shall, upon the request of the Chief Building Official or their designee, assist the Buildings Department in the enforcement of a stop-work order. The stop-work order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed promptly by a written order and shall include the reason for the issuance of the stop-work order.

(2) Unlawful continuance. No person with knowledge or notice of a stop-work order shall allow, authorize, promote, continue or cause to be continued any work covered by the stop-work order, except such work that may be required by order of the Chief Building Official or their designee.

(3) Rescission. Upon application, the Chief Building Official or their designee shall rescind the stop-work order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the stop-work order was issued in error or conditions are such that it should not have been issued. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop-work order except where doing so would impose such a fee on party making a good faith and legal request for service.

(4) Tampering. It shall be unlawful to tamper with, remove or deface a written posted stop-work order from the location where it was affixed by the Chief Building Official or their designee unless and until the Chief Building Official or their designee has so permitted its removal. The owner or other person in control of the location shall ensure that the stop-work order remains posted until rescinded by the Chief Building Official. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to the re-posting of such stop-work order.

B. Unsafe and unfit orders. Whenever any building, structure, place or premises or portion thereof is or may be perilous to life or property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in its construction, or deficiencies in fire alarm, fire-extinguishing equipment or fire escape equipment, or by reason of any condition in violation of any provision of law cited in § 133A-1, the Chief Building Official or their designee may declare that the same, to the extent that the Chief Building Official or their designee may specify, is unsafe and unfit and may order the same to be removed, sealed, abated, repaired, altered or otherwise improved.

(1) Issuance. Upon issuance of an unsafe and unfit order by the Chief Building Official or their designee, the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons responsible for the condition giving rise to the unsafe and unfit order shall undertake to immediately remedy the condition giving rise to the unsafe and unfit order in the manner determined by the Chief Building Official or their designee to be reasonably necessary to remove the danger at the subject property including vacating the property and ensuring it remains vacant. Such order may require all persons to forthwith vacate the premises pursuant to the provisions of this section. The Police Department or other law enforcement agency or officer shall, upon the request of the Chief Building Official or their designee, assist the Buildings Department in the enforcement of an unsafe and unfit order. The unsafe and unfit order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons responsible for the condition giving rise to the unsafe and unfit order; however, the Chief Building Official or their designee shall undertake to post a warning at the subject property reasonably calculated to advise those who would enter the building of the existence of the unsafe and unfit order.

(a) Order to vacate. In case any order to remedy a condition that is or may be imminently perilous, dangerous or detrimental to life, public safety or property, issued by the Chief Building Official or their designee is not complied with, or the Chief Building Official or their designee determines that an emergency exists requiring such action, the Chief Building Official or their designee may order and immediately cause any building, structure, place or premises or portion thereof to be vacated. The vacate order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work.

(b) Enforcement of vacate order. All vacate orders issued pursuant to this section shall be posted upon the premises and made available to the public. The Police Department shall provide all reasonable assistance to the Buildings Department and other authorized officers and employees necessary to carry out the provisions of this section. A copy of the vacate order may be filed with the Albany County Clerk. Such filing shall be notice of the vacate order to any subsequent owner and such owner shall be subject to such order.

(c) Unlawful continuance. No person with knowledge or notice of an unsafe and unfit order shall allow, authorize, promote, continue or cause to be continued any activity prohibited by the unsafe and unfit order, except such work that may be required by order of the Chief Building Official or their designee.

(2) Rescission. Upon application, the Chief Building Official or their designee shall rescind the unsafe and unfit order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the unsafe and unfit order was issued in error or conditions are such that it should not have been issued. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and response by City of Albany personnel and administrative expense, including expenses related to the relocation and/or rehousing of individuals effected by the unsafe and unfit order related to such unsafe and unfit order except where doing so would impose such a fee on party making a good faith and legal request for service.

(3) Tampering. It shall be unlawful to tamper with, remove or deface a written posted unsafe and unfit order from the location where it was affixed unless and until the Chief Building Official or their designee has so permitted its removal. The owner or other person in control of the location shall ensure that the unsafe and unfit order remains posted until rescinded by the Chief Building Official. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and response by City of Albany personnel and administrative expense related to the re-posting of such stop-work order.