City of Oneonta, NY
Otsego County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Oneonta as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-2-2019 by Ord. No. 2-2019[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 86, Building Construction, which derived from Ch. 26 of the 1975 Compilation, as amended.
A. 
This article provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this City. Except as otherwise provided in the Uniform Code, other state law, or other section of this article, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this article.
B. 
The City shall promulgate rules and regulations to secure the intent and purposes of this article and a proper enforcement of the laws, ordinances, rules, and regulations governing building plans, specifications, construction, alteration or repairs, certificates of compliance, firesafety and property maintenance inspections.
A. 
Purpose. There is hereby established in the City a department, to be designed as the "Building Department," for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alterations, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings and structures and their appurtenances located in the City.
B. 
City Engineer to be head of department. The head of the Building Department shall be the City Engineer. The Code Enforcement Officer and all employees of the Building Department shall report to and be under the direction, control and supervision of the City Engineer.
A. 
The position of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, this article and other local laws of the City of Oneonta. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this article;
(4) 
To require independent inspections and test of equipment and systems used in connection with premises.
(5) 
To issue stop-work orders;
(6) 
To review and investigate complaints;
(7) 
To issue orders pursuant to the enforcement of this article;
(8) 
To maintain records;
(9) 
To collect fees as set by the City Council;
(10) 
To pursue administrative enforcement actions and proceedings;
(11) 
In consultation with the City of Oneonta attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this article, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this article; and
(12) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article and Chapter 300, Zoning.
B. 
The Code Enforcement Officer shall be appointed by the City Council. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an inspector may be appointed by the City Council to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article.
D. 
One or more inspectors may be appointed by the City Council to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this article. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E. 
The code enforcement personnel of the City of Oneonta, upon showing proper credentials in the discharge of their duties, shall be permitted to enter upon any building, structure, or premises, without interference, during reasonable working hours and upon reasonable belief that a violation exists.
F. 
The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the City Council.
A. 
Records required. The City Engineer shall keep permanent official records of all transactions and activities of the Building Department, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to the public inspection during business hours.
B. 
Report to Common Council. The City Engineer shall submit annually to the Common Council a written report and summary of all business conducted by the Building Department, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals of litigations pending.
The City Engineer may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
No official or employee of the Building Department, while acting pursuant to the provisions of this article, shall be personally liable for any damage that may occur to persons or property as the result of any act required or permitted in the discharge of his official duties, provided that such acts are performed in good faith and without gross negligence.
A. 
Required. Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the erection, construction, structural change, enlargement, alteration, removal, relocation, improvement, demolition, conversion or change in the nature or the intensity of the occupancy of any building or structure or any portion thereof, or install a solid-fuel-burning heating apparatus, chimney or flue in any dwelling unit, or cause the same to be done, without first having obtained a separate building permit from the Code Enforcement Officer for each such building or structure. (See Subsection G for exceptions.)
B. 
Application; form, contents. Application for a building permit shall be made on forms provided by the Code Enforcement Office. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination that the intended work, use and occupancy complies with all applicable requirements of the Uniform Code, Energy Code, the City of Oneonta Zoning Code and all other applicable provisions of this Municipal Code and shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
C. 
Plans, data to accompany application.
(1) 
General requirements.
(a) 
A description of the proposed work;
(b) 
The tax map number and the street address of the premises where the work is to be performed;
(c) 
The occupancy classification of any affected building or structure;
(d) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(e) 
At least two sets of construction documents (drawings and/or specifications) which:
[1] 
Define the scope of the proposed work;
[2] 
Are prepared by a New York State-registered architect or licensed professional engineer where so required by the Education Law;
[3] 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
[4] 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
[5] 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any utilities where applicable, the location of the intended work, and the distances between the buildings and structures and the lot lines.
(2) 
Other reviews. A building permit application for any use requiring a site plan review or a special use permit shall include all appropriate information required for such site plan review or special use permit applications.
(3) 
Electrical, plumbing, HVAC and sprinkler work. Building permit applications shall include information regarding the value of all electrical, plumbing, HVAC and sprinkler work, the identity of the contractor(s) intended to perform the work, and the specifications for the same. Separate permits must be obtained for such work as specified elsewhere.
D. 
Approval/issuance of building permit. The City Engineer, after determining that such proposed work, use and occupancy are in compliance with all provisions of the City of Oneonta Zoning Code, the New York State Uniform Fire Prevention and Building Code and other applicable provisions of this Municipal Code and New York State housing and building codes, may approve any such application and issue a building permit in connection therewith. An order from an appropriate appeals body excepting the application from any of the above provisions shall be acceptable in lieu of compliance with said provisions. The City Engineer shall refer any application requiring the review of the Common Council, the Zoning Board of Appeals or the Planning Commission to said agency and shall not issue a building permit until their review is completed. Upon approval of the application and receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. Upon approval of the application, both sets of plans and specifications and the permit application shall be endorsed with the word "approved." One set of such approved plans, specifications and application shall be retained in the files of the Code Enforcement Office, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the City Engineer or his authorized representative at all reasonable times.
E. 
Disapproval of application and plans. The City Engineer, after determining that such proposed work, use or occupancy are not in compliance with all provisions of the City of Oneonta Zoning Code, the New York State Uniform Fire Prevention and Building Code, and other applicable provisions of this Municipal Code and New York State housing and building codes, shall disapprove such application and shall return to the applicant plans endorsed as "disapproved," with the reasons stated in writing thereon.
F. 
Amendment to application. Amendments to applications or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the City Engineer.
G. 
Exceptions; building permits not required. Building permits shall not be required for the following:
(1) 
Ordinary repairs, provided that such repairs:
(a) 
Do not involve the removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
Do not involve the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
Do not involve the removal from service of all or part of a fire protection system for any period of time;
(d) 
Do not rearrange or alter the floor plan of a dwelling or property; or
(e) 
Do not exceed $5,000 in cost.
(2) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);
(3) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(5) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(6) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(7) 
Construction of temporary motion-picture, television and theater stage sets and scenery;
(8) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(9) 
Installation of partitions or movable cases less than five feet nine inches in height;
(10) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(11) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(12) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications.
H. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection G of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
A. 
Effect of issuance of permit. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building regulations or other applicable provisions of this Municipal Code, rules or regulations. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. All work shall conform to the approved application, plans and specifications, except that no building permit shall be valid insofar as it authorizes the performance of work or the use of materials which are not in accordance with the requirements of the applicable building regulations or other applicable provisions of this Municipal Code, rules or regulations.
B. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
A. 
Schedule of fees. A fee schedule shall be established by resolution of the Common Council of the City of Oneonta. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this article.
A. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
B. 
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code, the Energy Code, or the City of Oneonta Zoning Code and all other applicable provisions of this Municipal Code, or where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Code Enforcement Officer, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:
(1) 
All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and
(2) 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, the Energy Code or the City of Oneonta Zoning Code and all other applicable provisions of this Municipal Code.
C. 
Stop-work orders.
(1) 
Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:
(a) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(b) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(c) 
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
(2) 
Content of stop-work orders. Stop-work orders shall:
(a) 
Be in writing:
(b) 
Be dated and signed by the Code Enforcement Officer;
(c) 
State the reason or reasons for issuance; and
(d) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
(3) 
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
(4) 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
(5) 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection C of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
Any person, firm, corporation, association or partnership who fails to apply for a building permit, as required by and in accordance with this article, and who proceeds to commence the erection, construction, structural change, enlargement, alteration, removal, relocation, improvement, demolition, conversion or change in the nature or the intensity of the occupancy of any building or structure or any portion thereof, or installs a solid-fuel-burning heating apparatus, chimney or flue in any dwelling unit, or who causes the same to be done, shall be required to file the applications and plans and pay the fees as provided in this article and, in addition, shall be required to pay a late inspection fee, the amount of which is to be set by resolution from time to time by the Common Council of the City of Oneonta.
The City Engineer is authorized to inspect or cause to be inspected any building or structure, or portion thereof, during and after completion of any work for which a building permit was issued in order to be assured that all plans as approved are complied with. Any officer or employee of the Code Enforcement Office, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection; said notification shall be requested at least 48 hours in advance by the owner or his agents.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
Any person allegedly aggrieved as a result of an action or failure to act by the City Engineer or the City Code Enforcement Officer in regard to a building permit shall have recourse to the Board of Public Service.
A. 
Certificates of Occupancy required. A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy.
B. 
Application for Certificate of Occupancy; submittal requirements.
(1) 
Affidavit of compliance. Any such application for a certificate of occupancy shall be made in duplicate in accordance with rules established by the City Engineer. Before the issuance of a certificate of occupancy, there shall be filed with the municipality an affidavit of the registered architect or licensed professional engineer who supervised the construction of the work or if approved by the City Engineer an affidavit of the superintendent of construction who supervised the construction and who by reason of his experience is qualified to superintend the work, or an affidavit of the owner of the property when the building or structure is either a single-family dwelling or an accessory building of less than 400 square feet which is accessory to a single- or two-family dwelling. The affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with the laws governing building construction or a variance which has been legally authorized. Such variances and qualifying conditions imposed therewith, if any, shall be specified in the affidavit.
(2) 
Affidavit of cost. Upon completion of the work the applicant for a certificate of occupancy must execute and file with the Code Enforcement Officer an affidavit of the total cost of the construction or improvement before a certificate of occupancy shall be issued.
(3) 
Total fee to be paid. In the event that the total cost exceeds the estimated cost set forth in the building permit application, the applicant must pay the additional amount due before a certificate of occupancy shall be issued.
C. 
Issuance of certificates of occupancy. The City Engineer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The City Engineer or an inspector authorized by the City Engineer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the City Engineer, at the expense of the applicant for the certificate of occupancy, shall be provided to the City Engineer prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
D. 
Contents of certificate of occupancy. A certificate of occupancy shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and tax map number of the property;
(4) 
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Code Enforcement Officer issuing the certificate of occupancy and the date of issuance.
E. 
Temporary certificate.
(1) 
The City Engineer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the City Engineer issue a temporary certificate unless the City Engineer determines that:
(a) 
The building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely;
(b) 
Any fire- and smoke-detecting or fire-protection equipment which has been installed is operational; and
(c) 
All required means of egress from the building or structure have been provided.
(2) 
The City Engineer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed three months, which shall be determined by the City Engineer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
F. 
Revocation or suspension of certificates. If the City Engineer determines that a certificate of occupancy or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the City Engineer within such period of time as shall be specified by the City Engineer, the City Engineer shall revoke or suspend such certificate.
G. 
Failure to apply for a certificate of occupancy. Any person who fails to apply for a certificate of occupancy as required by and in accordance with this article and who proceeds to occupy or use or change the use of the buildings or land shall be required to file the applications and plans and pay the fees as provided in this article and, in addition, shall be required to pay an inspection fee, the amount of which is to be set by resolution from time to time by the Common Council of the City of Oneonta. This subsection shall not apply to buildings which are permitted to remain occupied during the construction and are also not being changed in use.
H. 
Appeal. Any person allegedly aggrieved as a result of an action or failure to act by the City Engineer, in regard to a certificate of occupancy, shall have recourse to the Board of Public Service of the City of Oneonta.
A. 
Except as otherwise provided herein, it shall be unlawful and a violation of this article to rent, lease, or otherwise allow the occupancy of any residential or commercial structure, property, building or dwelling unit without the inspection and certification as required herein.
B. 
The City Engineer and his representatives shall be authorized, in the performance of their duties, to conduct inspections of premises, or parts of premises, at such times and in such manner as the City Engineer may find convenient or necessary, with the consent of the person in possession or occupancy.
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly or a "fraternity, sorority, chapter or membership association house" as defined in Chapter 300, Zoning, § 300-4, shall be performed at least once every 12 months.
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Firesafety and property maintenance inspections of all rental properties not included in Subsection B(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection B(1) or (2) of this section, shall be performed at least once every 36 months.
C. 
If admission is refused or cannot be obtained from the person, in possession or occupancy, the City Engineer or his representatives shall be authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.
D. 
Nothing herein shall be construed to limit the right of the Code Enforcement Officer and his/her representatives to inspect any property at any time. If, after issuing a certificate of compliance, the Code Enforcement Officer or representatives receive a complaint alleging a violation of this article, other than a violation that creates an imminent hazard to the public health or to the physical or mental health of the occupants of the rental property, the City Engineer and/or his representatives shall make a good-faith effort to notify the owner or agent of the complaint by either telephone or regular mail, before conducting an inspection under this article, and shall provide to the owner or agent one working day to explain what steps the owner or agent is taking to correct the violation. The Code Enforcement Officer or his/her representatives may take steps necessary, by inspection or other means, to assure that the violation is corrected.
E. 
An inspection fee will be billed to the property owner upon the issuance of an inspection report in the amount set forth in the established fee schedule which may be amended from time to time by resolution of the Common Council. All fees shall be paid to the City Chamberlain.
F. 
If a scheduled inspection does not take place, or cannot be completed as a result of the actions of the property owner or owner's agent (such as the failure to appear for the inspection or access to any portion of the premises is denied or inaccessible), an inspection fee will be assessed.
G. 
The inspection fee shall include one reinspection. If an additional reinspection of the building or premises is required because violations remain uncorrected, a separate reinspection fee shall be charged.
H. 
If any inspection fees remain unpaid on November 1 of any year, the same shall be assessed against such property, and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, and having the same lien upon the property so assessed as the general City tax and as a part thereof.
I. 
OFPC inspections. Nothing in this section or in any other provision of this article shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary:
(1) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection B(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection B(3) of this section; and
(4) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection B(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection B(3) of this section.
A. 
As scheduled by the City Engineer, owners and lessors of premises shall be responsible for the inspection and testing of plumbing, heating, gas and electrical equipment and systems, sprinkler, standpipe, fire-detecting and fire-alarm systems, and elevators, dumbwaiters and escalators used in connection with such premises.
B. 
Inspections and tests shall be made by qualified persons who, because of experience or education, are recognized as competent by the City Engineer.
C. 
If any equipment or system is found to be defective or not in proper operating condition upon inspection or test, the owner or lessor shall promptly remedy such defect or condition.
D. 
Reports of inspections and tests, signed by the tester and a witness, together with a statement of any remedial measures to be taken, shall be filed with the City Engineer within 10 days after each inspection and test. A duplicate of the report shall be kept on the premises, available for examination by the City Engineer or his representatives.
E. 
Reports of inspections and tests shall not be used in or as the basis of prosecution for the existence of a defect or improper condition on the date of inspection.
A. 
Except as otherwise provided herein, it shall be unlawful and a violation of this article to rent, lease, or otherwise allow the occupancy of any residential or commercial rental unit without the inspection and certification as required herein.
B. 
Owners and lessors of premises, or their respective agents, shall within one year after the effective date of this article 90 days from the date of mailing of registration forms by the City Engineer, whichever occurs first, file with the City Engineer, on the registration forms provided by the City Engineer, the following information:
(1) 
The names and addresses of the owner and lessor, and of their respective agents, upon whom violation orders may be served.
(2) 
A description of the property, by street and number or otherwise, as will enable the City Engineer to locate the same.
(3) 
Such other appropriate information as may be requested, including but not limited to use of premises, available facilities, number of units, number and size of rooms, together with a schematic diagram showing the typical floor layout of the units and rooms with appropriate designations and identifications.
C. 
Nonresident owners of premises, who are not employed or engaged in business within the municipality and do not customarily and regularly come into the municipality to attend a business office, shall designate an agent who resides within the municipality or customarily and regularly engages in and attends a business in the municipality.
D. 
All residential rental dwelling units and commercial rental units, excluding fraternity, sorority and membership association houses, shall be inspected and certified by the Code Enforcement Office, or representatives such as assistants and inspectors, of the City of Oneonta, which shall determine compliance with, administer and enforce all applicable provisions of the Uniform Code, Energy Code or the City of Oneonta Zoning Code and all other applicable provisions of this Municipal Code. On and after December 31, 2018, certificates of compliance shall be valid for 36 months from the date of issuance. A residential rental premises, if vacated, shall continue to meet all requirements of this article for occupied residential rental premises, until such time as the premises is vacant continuously for a period of three years.
E. 
Multiple dwellings occupied in any one dwelling unit as a "fraternity, sorority, chapter or membership association house," as defined in Chapter 300, Zoning, § 300-4, shall be inspected and certified annually by the Code Enforcement Office, or representatives such as assistants and inspectors, of the City of Oneonta, which shall determine compliance with, administer and enforce all applicable provisions of the Uniform Code, Energy Code or the City of Oneonta Zoning Code and all other applicable provisions of this Municipal Code. Certificates of compliance for fraternity, sorority, chapter or membership association houses shall be valid for 12 months from the date of issuance.
F. 
A new certificate shall be required for every premises, improved or unimproved, if the use or occupancy is changed, a building or structure is altered, or vacant premises are reoccupied. A certificate may be revoked, by written notice thereof, if upon an inspection premises are found to be in violation of the housing standards, the New York State Multiple Residence Law or the New York State Uniform Fire Prevention and Building Code.
G. 
Nothing contained herein shall be construed or operate to invalidate an otherwise legally effective permit or certificate issued prior to December 31, 2018, except that such permit or certificate shall be valid for 36 months from the date of issuance.
H. 
If, upon inspection, said premises do not comply with all applicable provisions of the Uniform Code, Energy Code or the City of Oneonta Zoning Code and all other applicable provisions of this Municipal Code, the specific reasons for noncompliance shall be specified, in writing, in a notice and order, as provided. The notice and order shall be provided to the owner or the owner's agent. Occupants or proposed occupants of dwellings shall have the right to inspect the certificate of substantial compliance of the residential rental dwelling unit, apartment or multiple residences in which they have an interest at no cost.
I. 
Affidavit of compliance. Any such application for a certificate of compliance shall be made in duplicate in accordance with rules established by the City Engineer. Upon written request of the property owner, the enforcement officer shall issue a certificate of compliance setting forth that, on the date of said certificate, the building in question complied with all the terms, conditions and requirements of this article. In the event that the premises do not comply with the terms and requirements of this article, the enforcement officer shall issue a written statement setting forth in what manner the terms and requirements of this article are violated.
J. 
Effect of failure; refusal to issue. The failure or refusal of the enforcement officer to issue a certificate of compliance or a statement setting forth the manner in which said premises do not comply with the terms and requirements of this article may be appealed to the Board of Public Service.
A. 
Except as otherwise provided herein, it shall be unlawful and a violation of this article to rent, lease, or otherwise allow the occupancy of any building or property for commercial purposes without the inspection and certification as required herein.
B. 
Firesafety and maintenance inspection. Each place of public assemblage shall be inspected annually, all other commercial uses every 36 months, to ascertain whether such place conforms to the requirements of Article 17, Public Safety, of the Labor Law, the New York State Uniform Fire Prevention and Building Code, the rules and regulations issued by the Department of Labor and Board of Standards and Appeals and the New York State Sanitary Code, all of which are hereby adopted by the City for the purpose of establishing rules and regulations for the health and safety and lives of the inhabitants of the City of Oneonta.
C. 
Applicability to places with capacity for less than 100 persons. The above-adopted codes and rules shall also apply to all places of public assemblage, bars, taverns, restaurants and eating establishments, regardless of capacity, and whether the same shall be of less or of more than 100 persons, in the City of Oneonta, but shall not apply to churches, synagogues or other places of worship and religious observance when in use for religious purposes.
D. 
Determination of capacity for places of public assembly; notice. After each inspection provided for in Subsection A, the number of persons permitted to assemble at any time in said establishment shall be determined in accordance with the New York State Uniform Fire Prevention and Building Code and a notice posted prominently in each establishment designating the number of persons permitted in said establishment at any time and that said establishment complies with the requirements of the code and rules and regulations.
E. 
Duty of owner or operator. It shall be the duty of the property owner or operator of each establishment to ascertain whether such place conforms to the requirements of Article 17, Public Safety, of the Labor Law, the New York State Uniform Fire Prevention and Building Code, the rules and regulations issued by the Department of Labor and Board of Standards and Appeals and the New York State Sanitary Code and to prohibit the assemblage of persons in his establishment of more than the posted number of persons permitted.
F. 
A new certificate shall be required for every premises, improved or unimproved, if the use or occupancy is changed, a building or structure is altered, or vacant premises are reoccupied.
G. 
Enforcement officers. The Police Chief, the City Engineer, the Code Enforcement Officer, the Health Officer and the Fire Chief shall be charged with the enforcement of this section, any one of whom may be designated as the Enforcement Officer.
H. 
Revocation of certificate of compliance. A certificate of compliance issued in accordance with the provisions of this article may be revoked for cause for the violation of this section.
I. 
Appeal. Any person allegedly aggrieved as a result of an action or failure to act by the Police Chief, the City Engineer, the Code Enforcement Officer, the Health Officer or the Fire Chief in regard to a certificate of compliance shall have recourse to the Board of Public Service.
The City Engineer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this article, or any other local law, ordinance, or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the City Engineer may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in this article;
C. 
If appropriate, issuing a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
A. 
The City Engineer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this article. Upon finding that any such condition or activity exists, the City Engineer shall issue a violation order hereunder.
(1) 
The order shall:
(a) 
Be in writing.
(b) 
Identify the premises.
(c) 
Specify the violation and remedial action to be taken.
(d) 
Provide a reasonable time limit for compliance.
(e) 
State the time within which an appeal may be taken.
(f) 
If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include, in the order, a statement that if the violation is not remedied within the time limit specified in the order, the City Engineer may remedy the violation.
B. 
A violation order may be served as follows:
(1) 
By personal service.
(2) 
By mailing, by registered or certified mail, to the person whose name has been filed with the City Engineer, in accordance with this article, to his address as therewith filed, or to the occupant, of a copy of such order.
(3) 
If no person has filed with the City Engineer the name and address of the owner, lessor or their respective agent upon whom an order may be served, as provided in this article, by posting a copy thereof in a conspicuous place on the premises and by mailing another copy thereof to the premises, on the same day as posted, enclosed in a postpaid wrapper addressed to the owner, lessor or their respective agent.
C. 
After the time for correction is passed, there shall be a reinspection, for which a reinspection fee shall be charged. If the violation is not corrected, the inspector may schedule a time for one or more reinspections, each of which may not commence sooner than seven calendar days from the date of the last inspection, to determine whether the violation is corrected. If reinspections of the building or premises are required because violations remain uncorrected, a separate reinspection fee shall be charged for each such reinspection in accordance with the inspection fee schedule then in effect.
D. 
In case the owner, lessor, occupant or the agent of any of them shall thereafter fail, neglect or refuse to remove, eliminate or abate the violation, the City Engineer shall request the City Attorney to take appropriate legal action or to refer the matter to the City Prosecutor for prosecution.
E. 
Injunctive relief. An action or proceeding may be instituted in the name of the City of Oneonta, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this article, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, violation order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this article, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this article, an action or proceeding may be commenced in the name of the City of Oneonta, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the City Manager of the City of Oneonta.
F. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, of this article, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subsection (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subsection (2) of § 382 of the Executive Law.
A. 
Failure to comply with a violation order, within the time limit stated therein, shall constitute an offense. A person convicted of an offense shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed one year, or both. Failure to comply with a violation order, after such time limit, may constitute a separate offense for which the aforesaid penalties may be cumulatively imposed.
B. 
The penalties and fees herein prescribed shall not continue to accrue upon a property or be imposed upon a person who, by operation of law, acquires premises for which a violation order has been issued or an administrative fee imposed for a period of six months after the date of such acquisition of the premises. Nevertheless, the penalties shall attach and administrative fees shall recommence upon the expiration date of such six-month period if the violations have not been corrected or the inspections and reports required by this provision have not been submitted to the City.
C. 
Failure to schedule and provide access for required inspections, to submit inspection reports, and to submit registration forms to the Code Enforcement Office, shall also be liable for and incur administrative fees.
D. 
No administrative fee set forth herein shall be imposed prior to notification by certified mail in accordance with the schedule hereinafter set forth. The schedule is included at the end of this article.[1]
[1]
Editor's Note: Said schedule is on file in the City offices.
E. 
Any person, firm, corporation, association, or partnership which fails to schedule and provide access for required housing inspections or submit required inspection reports or registration forms, upon certified mail notification from the City of Oneonta, for overdue inspections, inspection reports, or registration forms as required in accordance with this article, shall be charged with administrative fees as may be determined and established by a duly authorized resolution made from time to time by the Common Council of the City of Oneonta.
F. 
Such fee shall be imposed on the property.
(1) 
The owner shall be notified of any finding prior to the imposition of a fee and the process for appeal, in accordance with the schedule of notice and penalties, then in effect as determined by resolution of the Common Council.
(2) 
Any administrative fee incurred shall continue to accrue in accordance with that schedule and if still unpaid on October 31 of the year, the same shall be relevied upon the real property taxes for the property upon which such administrative fee was imposed, and the same shall become a lien against the premises. The Common Council may hereafter amend the date of final payment by resolution which, if so amended, will become effective during the next calendar year after such amended date is established.
(3) 
Administrative fees shall not attach to a property that is sold either at a court-ordered foreclosure sale or by the transfer of ownership by deed to a bona fide mortgage holder after the commencement of a foreclosure action duly filed against said property. In such case, the fee shall still be imposed upon the prior owner and may be collected in the same manner as any other fee owed to the City.
G. 
Any person wishing to dispute any finding upon which any administrative fee under this provision is imposed may appeal such determination to the Board of Public Service. Appeals must be submitted to the Code Enforcement Office, and must be received by the Code Enforcement Office within 30 days of the date of the bill for payment of the administrative fee. Appeals must be submitted in writing and must clearly state the basis for the appeal and why the factual determination of the Code Enforcement Officer was either incorrect, without factual basis or why compliance created undue hardship to an owner-occupied property. Any appeal filed without written allegations of specific incorrect facts or incorrect procedures on the part of the City, its employees or agents, or without documentary showing of financial hardship to an owner-occupied property, shall be dismissed without further hearing. A claim of ignorance of the provisions of the statute shall not constitute a basis for a valid appeal.
Costs incurred by the City in repairing, vacating or demolishing unsafe or dangerous buildings or structures shall be collected and enforced pursuant to Subsection E of § 92-5 of Chapter 92, entitled "Buildings, Unsafe," of this Code.
If any section of this article shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this article.