City of Oneida, NY Article VI Violations

§ 33-17 Enforcement; penalties for offenses.

A. Orders to remedy.

(1) The Department of Code Enforcement or Fire Marshal's Office is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code and/or Residential Code, or this chapter. An order to remedy shall be in writing; shall be dated and signed by the Director of Code Enforcement or their designee or the Fire Marshal or their designee; shall specify the condition or activity that violates the Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code and/or Residential Code, or this chapter; shall specify the provision or provisions of the Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code and/or Residential Code, or this chapter which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following:

"The person or entity served with this order to remedy must completely remedy each violation described in this order to remedy by [specify date], which is 30 days after the date of this order to remedy."

(2) The order to remedy may include provisions ordering the person or entity served with such order to remedy 1) to begin to remedy the violations described in the order to remedy immediately, or within some other specified period of time which may be less than 30 days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within 30 days of the date of such order to remedy; and/or 2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the Department of Code Enforcement or Fire Marshal's Office may deem appropriate, during the period while such violations are being remedied. The Department of Code Enforcement or Fire Marshal's Office shall cause the order to remedy, or a copy thereof, to be served on the owner of the affected property personally or by certified mail within five days after the date of the order to remedy. The Department of Code Enforcement or Fire Marshal's Office shall be permitted, but not required, to cause the order to remedy, 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 within five days after the date of the order to remedy; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

B. Appearance tickets. Code enforcement personnel, the Fire Marshal and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code. Appearance tickets shall be substantially in the form set forth in § 17-15C of this City's Code.

C. Penalties. In addition to such other penalties as may be prescribed by state law:

(1) Any person who violates any provision of this chapter, or any term, condition, or provision of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Department of Code Enforcement or Fire Marshal's Office pursuant to any provision of this chapter, shall be punishable by a fine of not more than $1,000 per day of violation; and

(2) Any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Department of Code Enforcement or Fire Marshal's Office pursuant to any provision of this chapter, shall be liable to pay a civil penalty of not more than $1,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this City.

D. Injunctive relief. An action or proceeding may be instituted in the name of this City, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order issued by the Department of Code Enforcement or the Fire Marshal's Office 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 Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Residential Code, this chapter, or any stop-work order, order to remedy or other order obtained under the Uniform Code, Energy Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Residential Code or this chapter, an action or proceeding may be commenced in the name of this City, 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 Common Council of this City.

E. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 33-5 (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 § 33-5 (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.