[Amended 11-7-1983; 11-21-1994 by Ord. No. 80.112.94; 4-16-2001 by Ord. No. 4.11.01]
A.
Violations.
(1)
A violation of the State Uniform Fire Prevention and
Building Code (9 NYCRR, Subtitle S, Chapter I) shall be a violation
of this Chapter, punishable as hereinafter set forth.
(2)
Prohibitions. It shall be a violation for any person,
firm or corporation to alter, repair, move, equip, use or occupy any
building or structure or portion thereof in violation of law or ordinance,
as well as any regulation or rule promulgated by the building official
or Department of Fire and Emergency Services official in accordance
with applicable laws, or to fail in any manner to comply with a notice,
directive or order of the Commissioner of Buildings or Chief of the
Department of Fire and Emergency Services, or their designees, or
to construct, alter, use or occupy any building or structure or part
thereof in a manner not permitted by an approved building permit,
certificate of occupancy or certificate of compliance.
B.
Notice of violation. Whenever it shall appear to the
satisfaction of the Commissioner of Buildings or Chief of the Department
of Fire and Emergency Services that work in any building or structure
or part thereof is being carried on in violation of any of the provisions
of this code, the Commissioner of Buildings or Chief of the Department
of Fire and Emergency Services is hereby authorized to serve upon
the owner of any such building or structure, or the architect, contractor
or any other person in charge thereof, either as owner or agent, a
notice, in writing, as hereinafter prescribed, which shall specify
the particular work of such building or structure which is being carried
on in violation of the provisions of this code, and which shall direct
that the violation be removed within such time prescribed in the notice,
and shall further direct that all work on said building or structure
ceased until such violation is removed.
C.
Failure to comply with notice. Any person who shall fail to comply with a written notice of the Commissioner of Buildings or Chief of the Department of Fire and Emergency Services within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents who have not complied with any lawful order, notice, directive, permit or certificate of the Commissioner of Buildings or Chief of the Department of Fire and Emergency Services or their designees made thereunder shall be guilty of a violation punishable as set forth in Chapter 133A of this Code.
D.
Enforcement procedures. Whenever the Commissioner
of Buildings or Chief of the Department of Fire and Emergency Services
or an authorized employee of either department determines that a violation
exists, the Commissioner of Buildings or the Chief of the Department
of Fire and Emergency Services or an authorized employee may issue,
without further notice, to the person responsible for such violation,
a summons or appearance ticket returnable in the City Court for the
prosecution of said violation, or take such other enforcement procedures
as may be authorized by law.
[Amended 11-7-1983; 11-21-1994 by Ord. No. 80.112.94; 4-16-2001 by Ord. No. 4.11.01]
A.
All notices of the violation of any of the provisions
of this code and all notices directing anything to be done required
by this code and all other notices that may be required or authorized
to be issued thereunder, including notice that any building, structure,
premises, or any part thereof, are deemed unsafe or dangerous, shall
be issued by the Building Commissioner or Chief of the Department
of Fire and Emergency Services and shall have his name affixed thereto
and may be served by any officer or employee of the Department of
Buildings or the Chief of the Department of Fire and Emergency Services
or by any person authorized by said department.
B.
Pursuant to the provisions of the Municipal Home Rule Law, the Commissioner of Buildings, the Deputy Commissioner of Buildings, the Deputy Commissioner of Code Enforcement, the Commissioner of Parks, building inspectors, the Code Enforcement Inspectors, the Chief of the Department of Fire and Emergency Services and the Deputy Chief of the Department of Fire and Emergency Services, or his designee, are hereby authorized to issue appearance tickets for violations of this Chapter 133, Part 1, Building Code, as amended, Chapter 375, Zoning, and Chapter 231, Housing, of the Code of the City of Albany.
C.
Service of notice. All such notices and any notice or order issued pursuant to this code to restrain or remove any violation or to enforce compliance with any provision or requirement of this code shall be served in a manner provided in Chapter 133A of this Code.
D.
Notice of violation to contain description of building or premises. Such notice of violation permitted to be issued pursuant to Subsection B of § 133-26 shall contain a description of the building, premises or property on which such violations shall have been put or may exist or which may be deemed unsafe or dangerous or to which such notice or order may refer.
