[HISTORY: Adopted by the City Council of the City of Ogdensburg 1-22-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
97, Fire Prevention and Building Construction, adopted 12-12-1989
by Ord. No. 89-17 as Ch. 26 of the 1975 Ogdensburg Municipal Code,
as amended.
This chapter provides for the administration and enforcement
of the New York State Building Code, the New York State Residential
Code, the New York State Fire Code, the New York State Energy Code,
the New York State Property Maintenance Code and the New York State
Mechanical and Plumbing Code in the City of Ogdensburg. This chapter
is adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the codes of the State of New York,
other state law, other section of this chapter or the Municipal Code
of the City of Ogdensburg, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit required and issued pursuant to § 97-4A of this chapter. The term "building permit" shall also include a building permit which is issued, renewed, amended or extended pursuant to any provision of this chapter or any provision of the Municipal Code of the City of Ogdensburg.
[Amended 10-22-2007 by Ord. No. 10-2007]
A certificate issued pursuant to § 97-8A of this chapter.
A certificate issued pursuant to § 97-8B of this chapter.
The City of Ogdensburg.
The Code Enforcement Officer appointed pursuant to § 97-3B of this chapter.
Shall include the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 97-17A of this chapter.
The decimating, razing, ruining, tearing down or wrecking
of any facility, structure or building covered by this chapter. As
used herein, the word "demolition" shall include any partial demolition
and any interior demolition affecting more than 10% of the replacement
value of the structure as determined by the Building Official.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 97-3D of this chapter.
A dwelling which is either rented, leased, let or hired out,
to be occupied, or is occupied as the temporary or permanent residence
or home of three or more families living independently of each other.
A permit issued pursuant to § 97-11 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
Shall include an individual, corporation, limited liability
company, partnership, limited partnership, business trust, estate,
trust, association, or any other legal or commercial entity of any
kind or description.
Land and the buildings and improvements located thereon.
An order issued pursuant to § 97-7 of this chapter.
Any inspection or inspections required after three inspections
when such inspection is brought about or caused by the failure of
the property owner, agent or tenant to appear at a scheduled inspection
or to reschedule an inspection on less than 24 hours' notice
to the Code Enforcement Officer.
[Added 10-22-2007 by Ord.
No. 10-2007]
A certificate issued pursuant to § 97-8F of this chapter.
The New York State Building Code, the New York State Residential
Code, the New York State Fire Code, the New York State Property Maintenance
Code, and the New York State Mechanical and Plumbing Code, all as
currently in effect and as may be hereafter amended from time to time.
A.Â
The Division of Code Enforcement is hereby created within the Fire Department of the City of Ogdensburg. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and all other laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof. Additionally, the Code Enforcement Officer shall enforce all of the provisions of Chapter 221 of this Code.[1] The Code Enforcement Officer shall have the following
powers and duties:
[Amended 10-22-2007 by Ord. No. 10-2007]
(1)Â
To receive, review, and approve or disapprove applications for building permits, sign permits, demolition permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits and the plans, specifications and construction documents submitted with such applications pursuant to this chapter and Chapter 221 of this Code;
(2)Â
Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, demolition permits, temporary certificates and operating permits and to include in building permits, certificates of occupancy, certificates of compliance, demolition permits, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate pursuant to this chapter and Chapter 221 of this Code;
(3)Â
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, Certificates of Compliance,
demolition permits, temporary certificates and operating permits;
fire safety and property maintenance inspections; inspections incidental
to the investigation of complaints; and all other inspections required
or permitted under any provision of this chapter or which are necessary
or proper for the carrying out of his duties. The Code Enforcement
Officer may, in his discretion, accept written reports of inspection
from building inspectors or other employees of the City of Ogdensburg
or from generally recognized and authoritative service and inspection
bureaus, provided that the same are certified by a responsible official
thereof;
(4)Â
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of the Uniform Code, applicable law, ordinances,
rules or regulations covering building construction, he may require
the performance of tests in the field by experienced, professional
persons or by accredited and authoritative testing laboratories or
service bureaus or agencies;
(5)Â
To 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 or officers and of all other municipal officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein;
(6)Â
To issue stop-work orders;
(7)Â
To review and investigate complaints;
(8)Â
To issue orders pursuant to subdivision § 97-17A, Enforcement; penalties for offenses, of this chapter;
(9)Â
To maintain records;
(10)Â
To charge fees as set by the City Council of the City of Ogdensburg;
(11)Â
To pursue administrative enforcement actions and proceedings;
(12)Â
In consultation with the City Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this chapter;
and
(13)Â
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by the Charter of the City of Ogdensburg,
this chapter and the Municipal Code of the City of Ogdensburg.
B.Â
The
Code Enforcement Officer shall be appointed by the Fire Chief subject
to the approval of the City Manager. 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.Â
In
the event that the Code Enforcement Officer is unable to serve as
such for any reason, an individual shall be appointed by the Fire
Chief, subject to the approval of the City Manager, 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 chapter.
D.Â
One
or more inspectors may be appointed by the Fire Chief subject to the
approval of the City Manager 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 chapter. 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.Â
The
Code Enforcement Officer shall not engage in any activity inconsistent
with his duties or with the interests of the Division of Code Enforcement,
nor shall be, during the term of his employment, be engaged directly
or indirectly in any building business, in the furnishing of labor,
materials or appliances for the construction, alteration or maintenance
of a building or the preparation of plans or specification thereof
within the City of Ogdensburg, excepting only that this provision
shall not prohibit any employee from such activities in connection
with the construction of a building or structure owned by him and
not constructed for sale. Except as otherwise provided, the Code Enforcement
Officer shall be the only person who shall inspect the work of an
inspector who is engaged directly or indirectly in any building business,
in the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specification thereof within the City of Ogdensburg.
F.Â
No
official or employee of the City of Ogdensburg shall, while acting
pursuant to the provisions of this chapter, be personally liable for
any damage that may accrue 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.Â
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, installation, placement, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.Â
Exemptions.
No building permit shall be required for work in any of the following
categories:
(1)Â
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings;
(2)Â
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings where such pools are
designed for a water depth of less than 24 inches and are installed
entirely above the ground;
(3)Â
Construction of retaining walls less than 24 inches in height unless
such walls support a surcharge or impound Class I, II or IIIA liquids;
(4)Â
Construction of temporary motion picture, television and theater
stage sets and scenery;
(5)Â
Installation of partitions or movable cases less than five feet nine
inches in height;
(6)Â
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(7)Â
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(8)Â
Repairs, provided that such repairs do not involve:
(a)Â
The removal or cutting away of a load-bearing wall, partition, or
portion thereof, or of any structural beam or load-bearing component;
(b)Â
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)Â
The enlargement, alteration, replacement or relocation of any building
system; or
(d)Â
The removal from service of all or part of a fire-protection system
for any period of time; and
[Amended 9-26-2011 by
L.L. 1-2011]
(e)Â
Any work which does not exceed the aggregate cost of $2,500.
[Added 9-26-2011 by L.L.
1-2011]
(9)Â
Erection of a freestanding structure that is no more than 150 square
feet in area and is no higher than six feet in height.
C.Â
Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code, this chapter or any provision of the Municipal Code of the City of Ogdensburg.
D.Â
Applications
for building permits. Applications for a building permit shall be
made in writing on a form provided by or otherwise acceptable to the
Code Enforcement Officer. 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 a person other
than the owner makes such application, it shall be accompanied by
an affidavit of the owner or applicant stating that the owner authorizes
the proposed work and that the applicant is authorized to make such
application. The application shall include such information as the
Code Enforcement Officer deems sufficient to permit a determination
by the Code Enforcement Officer that the intended work complies with
all applicable requirements of the Uniform Code, the Energy Code,
this chapter and the Municipal Code of the City of Ogdensburg. The
application shall include or be accompanied by the following information
and documentation:
(1)Â
A description of the proposed work;
(2)Â
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 a corporation or other business entity;
(3)Â
The Tax Map number and the street address of the premises where the
work is to be performed;
(4)Â
A description of the land on which the proposed work is to be done,
including a plot plan of the affected parcel showing boundary lines
and the placement of improvements;
(5)Â
The occupancy classification of any affected building or structure;
(6)Â
A statement of the valuation of the proposed work;
(8)Â
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code;
(9)Â
At least two sets of construction documents (drawings and/or specifications)
which:
(a)Â
Define the scope of the proposed work;
(b)Â
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)Â
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)Â
Substantiate that the proposed work will comply with the Uniform
Code, the Energy Code this chapter and the Municipal Code of the City
of Ogdensburg; and
(e)Â
Where applicable, include a site plan that shows any existing and
proposed buildings and structures on the site, the location of any
existing or proposed well or septic system, the location of the intended
work, and the distances between the buildings and structures and the
lot lines;
(10)Â
Whenever the plans accompanying an application are for a structure
which, in the opinion of the Code Enforcement Officer, is of complex
design, the Code Enforcement Officer shall require the applicant to
file an affidavit signed by a licensed architect or engineer certifying
that the plans and specifications comply with the provisions of this
chapter as in force on the date of the application. In such case,
the Code Enforcement Officer, in his discretion, shall employ a licensed
architect or engineer to examine the plans, in which event the cost
of examination shall be added to such permit fee and paid by the applicant,
before the permit shall be issued. In the alternative, the Code Enforcement
Officer, in his sole discretion, may accept the affidavit signed by
a licensed architect or engineer furnished by the applicant at his
own expense. In the event that the Code Enforcement Officer employs
a licensed engineer or architect under this subsection, the Code Enforcement
Officer may rely upon the advice of such architect or engineer as
to whether such plans and specifications comply with this chapter.
(11)Â
Whenever the plans accompanying an application are for a structure
which, in the opinion of the Code Enforcement Officer, is of complex
design, the Code Enforcement Officer may, in his discretion, issue
the permit subject to the condition that an architect and/or engineer,
whose qualifications are acceptable to him and who is employed by
the owner or builder to supervise all work done under the permit,
forthwith, upon its completion, make and file with the Code Enforcement
Officer an affidavit or affidavits that he or they have complied with
all inspection requirements of this chapter and that the work has
been carried out according to the approved plans and specifications
and in accordance with the requirements of the Uniform Code, this
chapter and other pertinent laws and ordinances.
(12)Â
The Code Enforcement Officer shall provide for the review and approval
of the building permit application by the Director of Planning and
Development whenever the plans accompanying an application encompass
or propose a change or enlargement of use in the subject property;
a change in the placement, position or square footage of the improvements
on the subject property; a change in the number of or configuration
of parking spaces; a change in the percentage of green space; and/or
a change in lot area saturation. Further, nothing in this chapter
shall be deemed to limit the power or scope of review of the Director
of Planning and Development and/or the Planning Board of the City
of Ogdensburg pursuant to this Code.
[Added 10-22-2007 by Ord.
No. 10-2007]
E.Â
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(9) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.Â
Issuance of building permits. The Code Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith to ascertain whether the proposed work is in compliance with the Uniform Code, the Energy Code, this chapter, Chapter 221 of this Code and the Municipal Code of the City of Ogdensburg. On said examination he shall approve or disapprove the application within a reasonable time and, as appropriate, take the following action:
(1)Â
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)Â
Upon the 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 Code
Enforcement Officer, 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 Code Enforcement Officer or his authorized
representative at all reasonable times.
(3)Â
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work that does not conform
to all the requirements of the applicable building regulations, the
Code Enforcement Officer shall disapprove the same and shall return
the plans and specifications to the applicant. Upon the request of
the applicant, the Code Enforcement Officer shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant
in writing.
G.Â
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.
H.Â
Work
to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents that were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. 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.
I.Â
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.
J.Â
Revocation
or suspension of building permits.
(1)Â
The Code Enforcement Officer or the Director of Planning and Development
may revoke or suspend a building permit when he determines:
(a)Â
That a building permit was issued in error because of incorrect,
inaccurate or incomplete information; or
(b)Â
That the work for which a building permit was issued violates the
Uniform Code, the Energy Code, this chapter or the Municipal Code
of the City of Ogdensburg; or
(c)Â
That the person to whom a building permit has been issued fails or
refuses to comply with the plans and specifications on the basis of
which a building permit was issued.
(2)Â
Said suspension or revocation shall continue until such time as the
permit holder demonstrates that:
(a)Â
All work then completed is in compliance with all applicable provisions
of the Uniform Code, the Energy Code, this chapter and the Municipal
Code of the City of Ogdensburg applicable laws; and
(b)Â
All work then proposed to be performed shall be in compliance with
the Uniform Code, the Energy Code, this chapter or the Municipal Code
of the City of Ogdensburg.
A.Â
The
Code Enforcement Officer shall be authorized to make or cause to be
made inspections of premises:
(1)Â
To determine the condition of premises in order to safeguard the
health, safety and welfare of the public. The Code Enforcement Officer
or his designated representatives shall be authorized to enter any
premises at any reasonable time during business hours or at such other
time as may be necessary in any emergency for the purpose of performing
his duties under the Uniform Code, the Energy Code, this chapter and
the Municipal Code of the City of Ogdensburg.
(2)Â
To insure compliance with the Uniform Code, the Energy Code, this
chapter and the Municipal Code of the City of Ogdensburg in relation
to the application for or following the issuance of a building permit
or a demolition permit.
B.Â
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 C of this section is ready for inspection.
C.Â
Elements
of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)Â
Work site prior to the issuance of a building permit;
(2)Â
Footing and foundation;
(3)Â
Preparation for concrete slab;
(4)Â
Framing;
(5)Â
Building systems, including underground and rough-in;
(6)Â
Fire-resistant construction;
(7)Â
Fire-resistant penetrations;
(8)Â
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)Â
Energy Code compliance; and
(10)Â
A final inspection after all work authorized by the building permit
has been completed.
D.Â
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, re-inspected,
and found satisfactory as completed.
E.Â
Fee. The fee specified in or determined in accordance with the provisions set forth in § 97-18, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
F.Â
The
following provisions shall be applicable to all inspections of premises:
(1)Â
The Code Enforcement Officer and inspectors thereunder and other
authorized personnel shall be supplied with official identification
and, upon request, shall exhibit such identification when entering
any premises and all parts thereof.
(2)Â
Access to all parts of any building, premises and part thereof shall
be provided by the owner, operator, agent or occupant thereof to personnel
herein for the purpose of making such inspections at any reasonable
time during business hours or at such other times as may be necessary
in an emergency. Whenever the Code Enforcement Officer or his designated
representative shall be unable to obtain access to premises for the
purpose of making an inspection as herein provided, a demand for access
to such premises shall be served upon the owner and/or occupants thereof
at least 10 days before the time of an inspection. In the event of
an emergency, the ten-day time period may be shortened by means of
a search warrant, court order or other legal procedure.
(3)Â
If the person entitled to possession of any building, premises or
part thereof refuses admittance to the Code Enforcement Officer or
his duly authorized representative for the purposes of making an examination
or inspection of the premises, the Code Enforcement Officer or his
representative shall seek authorization, by use of an order to show
cause or any other available legal means, from any court of competent
jurisdiction. The moving papers shall recite that he believes or has
probable cause, said probable cause justified by a valid public interest,
to believe that by an inspection of certain premises designated in
his affidavit, he will obtain evidence tending to reveal the existence
of violations of the Uniform Code, the Energy Code, this chapter or
any provision of the Municipal Code of the City of Ogdensburg. If
such probable cause shall appear, the judge shall issue a warrant
or order authorizing the Code Enforcement Officer or his representative
to inspect the premises named in the affidavit and designated in the
warrant to obtain evidence tending to reveal the existence of violations
of this Code.
A.Â
Certification
of electrical inspections. The Fire Chief is hereby authorized to
certify qualified persons, firms or corporations to conduct electrical
inspections within the City of Ogdensburg.
(1)Â
Each person, firm or corporation desiring to make electrical inspections
within the City of Ogdensburg shall file, on a form provided by said
Fire Chief, an application for certification to conduct such inspections.
On review of said application and on determination by the Fire Chief
that the applicant meets the criteria established by this section
and has sufficient knowledge and background relating to the National
Electrical Code, the Fire Chief may grant said applicant permission
to conduct electrical inspections within the City of Ogdensburg.
(2)Â
A person, firm or corporation aggrieved by any decision of the Fire
Chief may, within 30 days of said decision, file an appeal of said
decision to the City Manager of the City of Ogdensburg. Further appeals
shall be conducted pursuant to Article 78 of the Civil Practice Law
and Rules of the State of New York.
(3)Â
Any certification granted by the Fire Chief may be revoked, with
good cause, on five days' notice to the certified person, firm
or corporation. Good cause shall include, but shall not be limited
to, failure on the part of the inspector fulfill the duties and obligations
set forth herein. Said person, firm or corporation may appeal said
revocation to the City Manager of the City of Ogdensburg within 30
days of the decision of the Fire Chief. Further appeals may be had
pursuant to Article 78 of the Civil Practice Law and Rules of the
State of New York.
B.Â
Qualifications
of electrical inspectors. In order to be certified to conduct inspections,
an applicant must:
C.Â
Duties
of electrical inspectors. A certified electrical inspector is authorized
to and shall have the following duties and obligations:
(1)Â
Make inspections and re-inspections of all electrical installations
hereinafter described and to approve or disapprove the same. Said
inspections and re-inspections shall be conducted subject to the following
terms and conditions:
(a)Â
The electrical inspector shall not conduct any inspection until the
inspector has verified that the Code Enforcement Officer has issued
a building permit applicable to the project and premises covered by
the electrical inspection.
(b)Â
The cost or expense of such inspections and re-inspections shall
not be a charge against the City.
(c)Â
No change in an electrical inspection agency shall be made once an
application for inspection has been made. A certificate of compliance
can be issued only by the inspection agency that receives the original
request for inspection.
(2)Â
Report to the Fire Chief and/or Code Enforcement Officer all violations
of or deviations from or omissions of the electrical provisions of
the National Electrical Code and this Municipal Code.
(3)Â
Make inspections and re-inspections of electrical installations on
properties in the City upon the written request of the Fire Chief
or authorized official or as herein provided.
(4)Â
Make inspections and re-inspections of electrical wiring installations,
devices, appliances and equipment in and on properties within the
City where it is deemed necessary for the protection of life and property.
(5)Â
In the event of an emergency, make electrical inspections upon the
oral request of an official or officer of the City of Ogdensburg.
(6)Â
Furnish written reports to the proper officials of the City and owners
and/or lessees of property where defective electrical installations
and equipment are found upon inspection.
(7)Â
Issue a certificate of compliance when electrical installations and
equipment are in conformity with the National Electrical Code or with
this Municipal Code, and shall direct that a copy of the certificate
of compliance be sent to the Fire Chief and/or Code Enforcement Officer.
D.Â
Exceptions.
The provisions of this section shall not apply to:
(1)Â
The electrical installations in mines, ships, railway cars, automotive
equipment or the installations of equipment employed by a railway
or electrical or communications utility in the exercise of its function
as a utility and located outdoors or in buildings used exclusively
for that purpose.
(2)Â
Any work involved in the manufacture, assembly, test or repair of
electrical machinery, apparatus, materials and equipment by a person,
firm or corporation engaged in electrical manufacturing as their principal
business.
(3)Â
Any building which is owned or leased in its entirety by the Government
of the United States or the State of New York.
E.Â
Schedule
of rates. The schedule of rates charged for inspection shall be filed
with the City Clerk and with the Fire Chief of the City of Ogdensburg.
F.Â
No
waiver or assumption of liability. This section shall not be construed
to relieve from or lessen the responsibility of any person owning,
operating, controlling or installing any electrical wiring, devices,
appliances or equipment for loss of life or damage to person or property
caused by any defect therein, nor shall the City or any authorized
inspection be deemed to have assumed any such liability by reason
of any inspection made pursuant to this section.
G.Â
Unlawful
acts.
(1)Â
It shall be a violation of this chapter for any person, firm or corporation
to install or cause to be installed or to alter or repair electrical
wiring for light, heat or power in or on properties in the City until
an application for inspection has been filed with an authorized inspector
or inspection agency.
(2)Â
It shall be a violation of this chapter for a person, firm or corporation
to connect electrical wiring in or on properties for light, heat or
power to any source of electrical energy supply prior to the issuance
of a temporary certificate or a certificate of compliance by an authorized
inspector or inspection agency.
A.Â
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:
(1)Â
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or the 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
(2)Â
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
(3)Â
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.
C.Â
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 registered 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 registered mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.Â
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.
E.Â
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A 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 § 97-17, Enforcement; penalties for offenses, of this chapter or under any other state law, rule, regulation or any provision of the Municipal Code of the City of Ogdensburg. 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.
A.Â
Certificate
of compliance required. A certificate of compliance shall be required
for any work that is the subject of a building permit. No building
enlarged, extended or altered or upon which work has been performed
which requires 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 Code Enforcement Officer.
B.Â
Certificate
of occupancy required. A certificate of occupancy shall be required
for all construction of structures, buildings, or portions thereof,
which are new or converted from one use or occupancy classification
or subclassification to another. The issuance of a certificate of
occupancy in the case of construction of structures, buildings or
portions thereof which are new or converted from one use or occupancy
classification or subclassification shall be deemed to be the issuance
of a certificate of compliance. No structure subject to this subsection
shall be used or occupied in whole or in part until the Code Enforcement
Officer and the Director of Planning and Development shall have, jointly,
issued a certificate of occupancy.
C.Â
Application
for a certificate of occupancy or certificate of compliance. The owner
or his agent shall make application for a certificate of compliance
or occupancy. There shall be filed with the application an affidavit
of the registered architect or licensed professional engineer who
filed the 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 for
which the certificate is sought. This affidavit shall state that the
deponent has examined the approved plans of the premises for which
a certificate is sought and that the premises have been altered or
the structure has been erected in accordance with approved plans and
as altered or 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.
D.Â
Issuance
of certificates of occupancy and certificates of compliance. The Code
Enforcement Officer shall issue, as the case may be, a certificate
of occupancy or a certificate of compliance if the work which was
the subject of the building permit was completed in accordance with
all applicable provisions of the Uniform Code and the 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 the Energy Code. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the building,
structure or work prior to the issuance of a certificate of occupancy
or certificate of compliance. 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 Code Enforcement Officer, at the expense of the
applicant for the certificate of occupancy or certificate of compliance,
shall be provided to the Code Enforcement Officer prior to the issuance
of the certificate of occupancy or certificate of compliance:
E.Â
Contents
of certificates of occupancy or certificates of compliance. A certificate
of occupancy or certificate of compliance shall contain the following
information:
(1)Â
The building permit number, if any;
(2)Â
The date of issuance of the building permit, if any;
(3)Â
The name, address and Tax Map number of the property;
(4)Â
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)Â
The use and occupancy classification of the structure;
(6)Â
The type of construction of the structure;
(7)Â
The assembly occupant load of the structure, if any;
(8)Â
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)Â
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)Â
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
F.Â
Temporary
certificate. The Code Enforcement Officer 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
that is the subject of a building permit. However, in no event shall
the Code Enforcement Officer issue a temporary certificate unless
the Code Enforcement Officer determines 1) that the building or structure,
or the portion thereof covered by the temporary certificate, may be
occupied safely; 2) that any fire- and smoke-detecting or fire-protection
equipment which has been installed is operational; and 3) that all
required means of egress from the building or structure have been
provided. The Code Enforcement Officer 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 six months, which shall be determined
by the Code Enforcement Officer 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.
G.Â
Revocation
or suspension of certificates. If the Code Enforcement Officer determines
that a certificate of occupancy or certificate of compliance 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 Code Enforcement Officer within
such period of time as shall be specified by the Code Enforcement
Officer, the Code Enforcement Officer shall revoke or suspend such
certificate.
The Chief of any fire department providing fire-fighting services
for a property within this City shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
A.Â
Unlawful act. No person, firm, corporation or association owning,
possessing or controlling a building, structure, or premises in the
City of Ogdensburg shall permit, suffer or allow said building, structure
or premises now or hereafter to become unsafe from any cause whatsoever.
B.Â
"Unsafe buildings" defined. All buildings or structures which have
any or all of the following defects shall be deemed "unsafe buildings":
(1)Â
Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(2)Â
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage
or deterioration of the non-supporting enclosing or outside walls
or covering.
(3)Â
Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(4)Â
Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety, morals or the general health
and welfare of the occupants or the people of the City of Ogdensburg.
(5)Â
Those which have become or are so dilapidated, decayed, unsafe or
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation, or are
likely to cause sickness or disease, so as to work injury to the health,
morals, safety or general welfare of those living therein.
(6)Â
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
(7)Â
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of escape.
(8)Â
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
(9)Â
Those which because of their condition are unsafe, unsanitary, or
dangerous to the health, morals, safety or general welfare of the
people of this City.
(10)Â
Those buildings existing in violation of any provision of this Municipal
Code.
(11)Â
Any building or structure which remains vacant and unattended continuously
for a period of five years.
C.Â
The following standards shall be followed by the Code Enforcement
Officer in ordering repair, vacation or demolition of unsafe buildings
or structures:
(1)Â
If the unsafe building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered repaired.
(2)Â
If the unsafe building is in such condition as to make it dangerous
to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated.
(3)Â
In any case where an unsafe building is so damaged or decayed or
deteriorated from its original value or structure so that it cannot
be economically restored, it shall be demolished. In all cases where
a building cannot be repaired so that it will no longer exist in violation
of the terms of this chapter, it shall be demolished. In all cases
where an unsafe building is a fire hazard existing or erected in violation
of the terms of this chapter or any other provisions of this Code
or laws of the State of New York, it shall be demolished.
D.Â
Determination and reports.
(1)Â
Inspection and report. The Code Enforcement Officer, or his/her designee, shall inspect any premises alleged to be in violation of § 97-10A, and said officer shall thereafter prepare and file in the Code Enforcement Office a report of said inspection.
(2)Â
Determination. When it shall be determined by the Code Enforcement Officer, or his/her designee, that a building or structure, or any part or parts thereof, is not in compliance or conformity with the provisions of § 97-10B, the Code Enforcement Officer shall immediately serve notice upon the owner and all other persons having interest in such property or structure as hereinafter provided.
(3)Â
Contents of notice. The aforementioned notice shall contain the following:
(a)Â
A description of the premises;
(b)Â
A statement of the particulars in which the building or structure
is unsafe or dangerous;
(c)Â
An order of the Code Enforcement Officer, or his/her designee,
requiring the same to be repaired, demolished or removed;
(d)Â
A statement that if such owner so served shall fail to commence
to repair, demolish, or remove such building or structure within 30
days from the service of such notice, the City will repair, demolish
or remove such building or structure and that all costs and proceedings
to repair, demolish or remove such building or structure, including
the cost of actually repairing, removing or demolishing the same,
will be assessed against the land on which such building or structure
is located.
(4)Â
Service of notice. The aforementioned notice by the Code Enforcement
Officer shall be served in either of the following ways:
(a)Â
Personally upon the owner or agent and all other persons having
an interest in such property or structure; or
(b)Â
By registered mail, in a securely fastened, postpaid wrapper,
addressed to the owner or agent and to all persons having an interest
in such property or structure at his/her last known address, as shown
by the records of the City Comptroller and/or City Assessor. The Code
Enforcement Officer shall also post or cause to be posted a copy of
the notice on the premises involved.
E.Â
Whenever a structure has been ordered to be secured by the Code Enforcement
Officer, the following standards shall be observed.
(1)Â
All windows and doors shall be secured by means of placement of plywood
between frame openings; plywood shall be painted gray and installed
to fit between the trim to create a neat appearance;
(2)Â
Exterior siding, trim, fascia, and soffit shall be maintained secure
to prevent harborage of rodents;
(3)Â
Combustibles shall be removed from the interior of the structure;
(4)Â
Food products shall be removed from the interior of the structure;
(5)Â
All accessory structures shall be maintained secured;
F.Â
Emergencies. In the case of emergency, which in the opinion of the
Code Enforcement Officer, or his designee, involves imminent danger
to human life or health, the Code Enforcement Officer shall promptly
cause a building, structure or portion thereof to be secured, repaired,
vacated, or removed. For this purpose, the Code Enforcement Officer
may at once enter such structure or land on which it stands or abutting
land or structure, with such assistance and at such costs as may be
necessary. The Code Enforcement Officer may vacate adjacent structures
and protect the public by appropriate barricades or such other means
as may be necessary and, for this purpose, may close a public or private
way.
G.Â
Failure to comply; work by City; cost. If the provisions of the foregoing
sections are not complied with, the Code Enforcement Officer shall
serve written notice, either personally or by certified mail, upon
the owner, agent or any person having the care or control of any structure,
premises or equipment, of the failure to comply with the provisions
of this section. If the person upon whom the notice is served fails,
neglects or refuses to remedy the violation within five days after
receipt of such notice or if no person can be found in the City of
Ogdensburg who either is or claims to be the owner of such structure,
premises or equipment, the Code Enforcement Officer shall cause such
violation to be remedied, and the actual cost of such remedy, plus
10% for inspection and a civil penalty of $100 per incident of violation,
shall be certified by the Code Enforcement Officer to the City Comptroller
and shall thereupon become and be a lien upon the property on which
such violation occurred and shall be added to and become and form
part of the taxes next to be assessed and levied upon such lot or
land on which the premises, structure or equipment was located and
shall bear interest at the same rate as taxes and shall be collected
and enforced by the same officer in the same manner as taxes.
A.Â
Operating permits required.
(1)Â
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)Â
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
(b)Â
Hazardous processes and activities, including, but not limited
to, commercial and industrial operations which produce combustible
dust as a by-product, fruit and crop ripening, and waste handling;
(c)Â
Use of pyrotechnic devices in assembly occupancies;
(d)Â
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)Â
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the City Council of the City of Ogdensburg.
B.Â
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.Â
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.Â
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.Â
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed three years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. The
effective period of each operating permit shall be specified in the
operating permit. An operating permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.Â
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.Â
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)Â
Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)Â
Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least
once every 12 months.
(3)Â
Fire safety and property maintenance inspections of all multiple dwellings and one- and two-family rental units not included in Subsection A(1) or (2) and all boardinghouses, rooming houses, fraternity and sorority houses, community residences and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) shall be performed at least once every 36 months.
B.Â
Requirements for dwellings and units covered by § 97-12A(3). The following shall be applicable to dwellings and units covered by § 97-12A(3):
(1)Â
Registration of dwellings and units. The owner of all dwellings and units covered by § 97-12A(3) shall register said dwelling with the Division of Code Enforcement within 30 days from the effective date of this chapter. If the building at any address is not used for dwelling purposes, the owner shall so state under oath on a notarized affidavit, and the building shall be exempt from the requirements of this chapter. Failure to register dwelling units within the City shall constitute a violation of this chapter. Said registration shall include:
(a)Â
The name, residence and business address and residence and business
telephone number of the owner.
(b)Â
A description of the dwelling by street number and Tax Map identification
number.
(c)Â
The number of dwelling units within the structure.
(d)Â
In the event the owner does not reside within St. Lawrence County,
the name, residence and business address and residence and business
telephone number of a person, 18 years of age or older, who actually
resides within St. Lawrence County, New York, or conducts a business
the main office or branch of which is located within St. Lawrence
County and who is designated by such owner as a managing agent in
control of and responsible for the maintenance and operation of such
dwelling. Said managing agent shall be designated as a person upon
whom process may be served on behalf of the owner.
(2)Â
Schedule of inspections. Dwelling units covered by § 97-12A(3) shall be inspected at least once every three years.
(3)Â
Certificate of safety required. It shall be a violation of this chapter for any person, firm, partnership, association, corporation or the like to rent, lease or suffer or allow any person or persons to live in or occupy, as a tenant, any dwelling covered by § 97-12A(3) unless a certificate of safety and maintenance compliance certifying that said dwelling is fit for human habitation and is in compliance with New York State Fire Code and New York State Property Maintenance Code has been obtained from the Division of Code Enforcement after an inspection. Notwithstanding the foregoing, it shall not be a violation of this chapter to rent, lease or suffer or allow any person or persons to live in or occupy, as a tenant, any dwelling covered by this section if said dwelling received a certificate of safety and maintenance compliance under former Article IIIA of Chapter 117 of the Municipal Code of the City of Ogdensburg.[1] Said exemption shall expire on the third anniversary of
the effective date of this chapter or on the completion of an inspection
pursuant to this chapter, whichever event occurs first.
(4)Â
Inspection procedures.
(a)Â
An inspection shall be made by the Code Enforcement Officer
pursuant to a schedule to be established by the Code Enforcement Officer
with approval of the Fire Chief.
(b)Â
At the conclusion of the inspection, a certificate of safety
and maintenance compliance or an order to remedy shall be issued.
(c)Â
If violations are found during the inspection, such violations
shall be corrected or the dwelling unit vacated within a period of
one day to six months, depending on the severity of the violation
and the physical requirements necessary to remedy such violations
as determined by the Code Enforcement Officer.
(d)Â
If violations are found, re-inspections shall be conducted as
necessary.
(e)Â
A certificate of safety and maintenance compliance issued pursuant
to the law shall be posted in a conspicuous place in said dwelling
upon the issuance thereof. The certificate shall be valid for a period
of three years from the date of issuance unless another inspection
discloses violations. Upon correction of said violations, the certificate
shall then be valid again for the remainder of the original period
of said certificate.
C.Â
Other inspections permitted. In addition to the inspections required by Subsections A and B of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon 1) the request of the owner of the property to be inspected or an authorized agent of such owner; 2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; or 3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
D.Â
OFPC inspections. Nothing in this section or in any other provision
of this chapter 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,
the Code Enforcement Officer shall not perform fire safety and property
maintenance inspections of:
(1)Â
A building or structure which contains an area of public assembly
if OFPC performs fire safety and property maintenance inspections
of such building or structure at least once every 12 months;
(2)Â
A building or structure occupied as a dormitory if OFPC performs
fire safety and property maintenance inspections of such building
or structure at least once every 12 months;
(4)Â
A nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs fire safety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
A.Â
The provisions of the Property Maintenance Code of the State of New
York, and as may be amended, be and the same are hereby incorporated
herein to be enforced pursuant thereto and pursuant to this chapter.
B.Â
Storage of garbage, junk and refuse.
(1)Â
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse.
(2)Â
In multiple dwellings, it shall be prohibited to store or accumulate
garbage or refuse in public halls and stairways, unless adequate provisions
are made.
(3)Â
The storage or accumulation of junk and junked materials in open
porches, decks, or yards in residential districts is prohibited. "Junk"
and "junked materials" are defined as, generally, unwanted or discarded
materials and, particularly, dismantled vehicles of all usage, tires,
scrap materials, discarded lawn mowers, rusting barrels, damaged bicycles,
broken toys, broken playground equipment, collapsed swimming pools,
used windows and glass, used construction lumber, wood for heating,
unless stacked and adequately covered, and discarded household equipment,
appliances or furniture.
(4)Â
Except as herein provided, the placement of garbage, garbage containers,
or receptacles shall be prohibited in front yards in all districts.
This shall include placement of garbage and garbage containers on
open porches, decks and patios located in front yards. This prohibition
shall not be applicable to garbage receptacles placed in the owner's
or lessee's front yard after dusk on the day before a regularly
scheduled trash pickup.
C.Â
Storage of bulk items and interior furniture. The storage of bulk
items, whether operational or not, in the exterior areas of a premises,
including porch areas, is prohibited. Bulk items shall include large
items and material, including furniture (other than furniture intended
for exterior use), house furnishings, couches, beds, chairs and appliances,
such as refrigerators, stoves, washing machines and clothes dryers.
The Code Enforcement Officer 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 chapter,
or any other 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 Code Enforcement Officer may deem to be appropriate:
A.Â
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.Â
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 § 97-17, Enforcement; penalties for offenses, of this chapter;
C.Â
If appropriate, issuing a stop-work order;
D.Â
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.Â
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)Â
All applications received, reviewed and approved or denied;
(2)Â
All plans, specifications and construction documents approved;
(3)Â
All building permits, certificates of occupancy or certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)Â
The construction value of all proposed construction and completed
construction;
(5)Â
The permits issued for new dwelling construction, new commercial
construction and new industrial construction;
(6)Â
The number of certificates of compliance and certificates of occupancy
issued and the breakdown of the categories of projects or construction
for which they were issued:
(7)Â
All inspections and tests performed;
(8)Â
All statements and reports issued;
(9)Â
All complaints received;
(10)Â
All investigations conducted;
(12)Â
All fees charged and collected.
B.Â
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.Â
The Code Enforcement Officer shall annually submit to the City Council of the City of Ogdensburg a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 97-15, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.Â
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the City of Ogdensburg, on a form prescribed
by the Secretary of State, a report of the activities of this City
relative to administration and enforcement of the Uniform Code.
C.Â
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials this City is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this City in connection
with administration and enforcement of the Uniform Code.
A.Â
Compliance orders.
(1)Â
The Code Enforcement Officer 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 New York
State Building Code, the New York State Residence Code, the New York
State Fire Code, the New York State Property Maintenance Code, the
New York State Energy Code, or this chapter. Upon finding that any
such condition or activity exists, the Code Enforcement Officer shall
issue a compliance order. The compliance order shall:
(a)Â
Be in writing;
(b)Â
Be dated and signed by the Code Enforcement Officer;
(c)Â
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)Â
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)Â
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(f)Â
Direct that compliance be achieved within the specified period
of time; and
(g)Â
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)Â
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner, agent or representative
of the affected property personally or by certified mail. The Code
Enforcement Officer shall be permitted, but not required, to cause
the compliance 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
being performed at the affected property personally or by certified
mail; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.Â
Unlawful act. It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of the
aforementioned codes or this chapter or to fail in any manner to comply
with a notice, directive or order of the Code Enforcement Officer
or to construct, alter, use or occupy any building or structure or
part thereof in a manner not permitted by an approved building permit
or certificate of occupancy.
C.Â
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of aforementioned
codes or this chapter.
D.Â
Penalties. Any person who shall fail to comply with a written order
of the Code Enforcement Officer within the time fixed for compliance
therewith or any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, directive, permit or certificate of the
Code Enforcement Officer made thereunder shall be punishable by a
fine of not less than $50 nor more than $500 or up to 14 days in jail,
or both. Each day that violation continues shall be deemed a separate
offense. Except as provided otherwise by law, such a violation shall
not be a crime, and the penalty or punishment imposed therefor shall
not be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any liability upon or affect or impair the credibility
as a witness, or otherwise, of any person convicted thereof.
E.Â
Penalties for aggravated violation. If any person fails to comply
with the written order of the Code Enforcement Officer within the
time fixed for compliance therewith or if any owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or
their agents or any other person taking part or assisting in the construction
or use of any building or any property should knowingly violate any
of the applicable provisions of law or any lawful order, notice, directive,
permit or certificate of the Code Enforcement Officer and, as a result
of such failure to comply or such violation, injury occurs to any
person, property or building, then the person who failed to comply
shall be guilty of a misdemeanor and shall be punishable by a fine
of not more than $1,000 or imprisonment for not more than one year.
For the purpose of establishing the maximum amount of fine that may
be assessed, each day that a violation continues shall be deemed a
separate offense.
F.Â
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the aforementioned codes
or this chapter, or any term or condition of any building permit,
certificate of occupancy or certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter, shall be liable to a civil penalty of not more than $250
for each day or part thereof during which such violation continues
beyond the ordered abatement date. The civil penalties provided by
this subsection shall be recoverable in the violation proceeding following
the issuance of an appearance ticket or in a separate civil action
instituted in the name of the City of Ogdensburg.
G.Â
Failure to comply; work by City; cost. If any provisions of an order
of the Code Enforcement Officer are not complied with, the Code Enforcement
Officer shall serve written notice, either personally or by certified
mail, upon the owner, agent or any person having the care or control
of any structure, premises or equipment, of the failure to comply
with the provisions of this chapter. If the person upon whom the notice
is served fails, neglects or refuses to remedy the violation within
five days after receipt of such notice or if no person can be found
in the City of Ogdensburg who either is or claims to be the owner
of such structure, premises or equipment, the Code Enforcement Officer
shall cause such violation to be remedied, and the actual cost of
such remedy, plus 10% for inspection and a civil penalty of $100 per
incident of violation, shall be certified by the Code Enforcement
Officer to the City Comptroller and shall thereupon become and be
a lien upon the property on which such violation occurred and shall
be added to and become and form part of the taxes next to be assessed
and levied upon such lot or land on which the premises, structure
or equipment was located and shall bear interest at the same rate
as taxes and shall be collected and enforced by the same officer in
the same manner as taxes.
H.Â
Injunctive relief. An action or proceeding may be instituted in the
name of the City of Ogdensburg, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the aforementioned codes or this chapter,
or any term or condition of any building permit, certificate of occupancy
or certificate of compliance, temporary certificate, stop-work order,
operating permit, compliance order, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter. 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 aforementioned codes, this chapter, or any stop-work order,
compliance order or other order obtained under the aforementioned
codes or this chapter, an action or proceeding may be commenced in
the name of the City of Ogdensburg, 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 Ogdensburg.
I.Â
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, in § 97-7, Stop-work orders, of this chapter, in any other section of this chapter, 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 § 97-7, Stop-work orders, of this chapter, in any other section of this chapter, 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 Subdivision (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 Subdivision (2) of § 382 of the Executive Law.
B.Â
Fees for building permits for new construction shall be as follows:
(1)Â
Base fee: $35.
(2)Â
New residential construction, including additions, porches and garages:
$0.15 per square foot of gross floor area per story or base fee, whichever
is greater (not to include cellars in new residential construction).
(5)Â
Swimming pools: $35.
(6)Â
Fences: $35.
(7)Â
Deck construction: $0.15 per square foot or base fee, whichever is
greater.
D.Â
Sign permits. Fees shall be as follows:
G.Â
Any construction, erection, enlargement, alteration, removal, improvement,
demolition, conversion or change in the nature of the occupancy of
any building or structure commencing without first obtaining a required
building permit will result in the fee being doubled for such permit
when issued.
J.Â
Business Inspections (per business):
(1)Â
Buildings up to 5,000 sq. ft.: $90.
(2)Â
Buildings 5,001 sq. ft. to 30,000 sq. ft.: $120.
(3)Â
Buildings 30,001 sq. ft. to 60,000 sq. ft.: $150.
(4)Â
Buildings 60,001 sq. ft. to 120,000 sq. ft.: $180.
(5)Â
Buildings over 120,000 sq. ft.: $250.
[3]
Editor's Note: Effective 1-1-2011.
If any section of this chapter 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
chapter.
