[Adopted 3-1-1973 as Art II of Ch. 10 of the 1973 Code]
A.
The City, as set forth in a resolution of the Common
Council passed concurrently herewith, hereby accepts the applicability
of the Uniform Fire Prevention and Building Code for the City and
directs the accompanying articles of administration and enforcement
thereof shall govern the construction, alteration, repair and demolition
of all buildings and structures within the boundaries of the City,
in order to protect the public safety, welfare and health in matters
concerning all phases of construction and demolition.
B.
The provisions of this code shall apply to all buildings
and structures hereafter constructed, repaired, altered, demolished
or moved, unless otherwise herein stated.
C.
It is not the intent of the Uniform Fire Prevention
and Building Code applicable to plumbing to limit or exclude the use
of any material or system of plumbing installation which has been
produced or developed under nationally recognized standards and certified
by a recognized standards or testing agency, provided the use of such
material or system complies with such standards and is in accord with
acceptable health and safety criteria.
The Uniform Fire Prevention and Building Code
consists of the following documents:
A.
The enforcement of all provisions of this article
shall be the responsibility of the Director of Code Enforcement. He/She
is hereby designated by the City to do all work in connection with
the administration and enforcement of the building law together with
the review of plans, issuing of permits, inspection of buildings and
structures and to take the necessary action where violations of this
article are noted. He/She shall issue appropriate notices of orders
concerning illegal or unsafe conditions. He/She may require necessary
safeguards in and around construction work and to insure compliance
with the requirements of all laws and regulations in connection with
this article. He/She has the right to require performance tests in
the field by accredited testing personnel, or to require verified
tests of building materials from an acceptable laboratory or testing
service to satisfy himself/herself as to the safety of a building
or structure or any part thereof, and to establish that such construction
or materials are in accordance with the requirements of the Uniform
Fire Prevention and Building Code. It is incumbent upon the Director
of Code Enforcement to see that buildings and structures are built
in accordance with approved plans and specifications filed in the
office of the Director of Code Enforcement.[1]
B.
The Director of Code Enforcement or members of his/her
department shall have the right to examine existing buildings with
regard to occupancy, safety, public health and welfare.
C.
He/she shall keep permanent official records of all
transactions and activities conducted by him/her and his/her office.
These records shall include applications received, permits and certificates
issued, fees charged and collected, inspection reports and notices
and orders issued. All such records shall be public records available
for inspection during regular office hours.
D.
The Director of Code Enforcement may request and shall
receive, so far as may be necessary in the discharge of his/her duties,
the assistance and cooperation of the police and fire departments
or other municipal officials exercising any jurisdiction over the
construction, use and occupancy of buildings. He/She may also call
upon the County Health Department in this regard.
E.
In addition to the permanent official records required
of the Director of Code Enforcement outlined in this section, he/she
shall also keep one set of approved drawings, blueprints, and specifications
of all buildings and structures for which permits have been issued.
F.
He/She shall submit monthly as well as annually to
the Mayor a written report and summary of all business conducted by
his/her office, including permits, certificates issued, fees collected,
orders and notices promulgated, inspections and tests made, complaints
and appeals or litigations pending.
No individual, corporation or firm shall start
the erection, construction, enlargement, alteration, removal, demolition,
conversion or change in the nature of occupancy of any building or
structure, or cause the same to be done, without first obtaining a
building permit from the Director of Code Enforcement for each such
building or structure; except that no building permit shall be required
for the performance of painting or decorating or ordinary repairs
which are not structural in nature.
A.
Application for a building permit required by this
article shall be made to the Director of Code Enforcement on forms
provided by his/her office. The applicant will be required to give
the dimensions of the lot, the street and the ward location, statement
of the use or occupancy anticipated, estimated duration of the construction,
the valuation of the proposed work, the name and address of the owner
or officers of the firm, a complete set of plans and specifications
in duplicate and any other required information necessary to establish
compliance of the proposed work with building laws and ordinances
or rules established by the Director of Code Enforcement.
B.
Application shall be made by the owner, lessee, architect,
engineer or contractor employed in connection with the proposed work.
C.
The plans and specifications shall include a plot
plan drawn to scale showing the proposed work (location of such) and
all utilities connected therewith. Distances from lot lines, indication
of structures on adjoining properties, finished grades, location of
streets, alleys, and sidewalks, etc., shall be included. Drawings
shall include floor plans, elevations, sections and other details
as may be required to show all information concerning the construction
of the building, including general construction, mechanical equipment,
plumbing and electrical work.
D.
Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
E.
Where the state Education Law requires the seal of
a registered architect or licensed professional engineer, the Director
of Code Enforcement shall require such seal on the drawings and specifications
before they can be submitted for approval.
F.
In general, a residence and other buildings which
contain less than 1,500 square feet of habitable or fully developed
space will not require such seal.
G.
Where the applicant requests, approval of plans and
specifications may be made if such is involving a factory, mercantile
building or place of public assembly or other type of building structure
which comes under the jurisdiction of the State Labor Department.
These plans must first be filed and approved by the State Labor Department
before they can be received for consideration by the Director of Code
Enforcement.
H.
Amendments or revisions to plans and specifications may be made if such amendments are filed and approved prior to the completion of the work, subject to the approval of the Director of Code Enforcement. The Director of Code Enforcement shall not approve the plans which fail to comply with Chapter 285, Zoning, of this Code.
[Amended 11-7-1974]
A.
The Director of Code Enforcement of the City of Troy
shall review all building permit applications for new construction
or substantial improvements to determine whether proposed building
sites will be reasonably safe from flooding. If a proposed building
site is in a location that has a flood hazard, any proposed new construction
or substantial improvement (including prefabricated and mobile homes)
must:
B.
The Director of Code Enforcement of the City of Troy
shall review subdivision proposals and other proposed new developments
to assure that:
(1)
All such proposals are consistent with the need to
minimize flood damage;
(2)
All public utilities and facilities such as sewer,
gas, electrical, and water systems are located, elevated, and constructed
to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure
to flood hazards.
C.
The Director of Code Enforcement of the City of Troy
shall require new or replacement water supply systems and/or sanitary
sewage systems to be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into
floodwaters, and require on-site waste disposal systems to be located
so as to avoid impairment of them or contamination from them during
flooding.
A.
Upon completion of the appropriate application form
and submittal of the necessary plans and specifications, the Director
of Code Enforcement shall examine or cause to be examined all plans,
specifications, permits, and other documents filed therewith. He/She
shall approve or disapprove the application within a reasonable time.
Upon approval of the application and receipt of the legal fees thereof,
he/she shall issue a building permit to the applicant upon the form
prescribed by the City and he/she shall affix his/her signature or
cause his/her signature to be affixed thereto.
B.
Upon approval of the application, both sets of plans
and specifications shall be enforced with "Approved, Director of Code
Enforcement, Troy, New York." One set of plans and specifications
shall be retained in the files of the Director of Code Enforcement
and the other set shall be returned to the applicant together with
the building permit. These shall be kept at the building site open
to inspection by the Director of Code Enforcement or his/her authorized
representative at all reasonable times.
C.
If the application together with the plans and specifications
and other required documents filed does not conform to all requirements
of the applicable building code, regulations and zoning requirements,
the Director of Code Enforcement shall disapprove the same and shall
return such plans and specifications to the applicant. Upon request
of the applicant, the Director of Code Enforcement shall cause such
refusal, together with the reasons for the same, to be transmitted
to the applicant in writing.
D.
Any building permits shall be valid to authorize the
beginning of work, in accordance with the application and the approved
plans and specifications on which it is based, for a period of four
months after the date of its issuance. For good cause and special
circumstances, the Director of Code Enforcement may make one three-month
extension of this date.
The issuance of a building permit under this
article constitutes authority to the applicant to proceed with the
work but only in accordance with the approved plans and specifications
and in accordance with all applicable building laws, codes, regulations
and zoning ordinances and county health requirements. Any change to
be made in the building shall first be approved by the Director of
Code Enforcement.
[Amended 8-3-1978; 4-20-1982; 12-4-1986; 12-7-1989; 5-2-1991; 11-3-1994; 2-7-2002; 11-3-2016 by Ord. No. 79]
An approved permit for construction shall not
be issued to the applicant until a fee based on the following table
has been paid to the Director of Code Enforcement:
A.
Minimum charge of $100, up to $1,000 value of work;
C.
An approved permit for the performance of electrical
work shall not be issued to the applicant until a fee based upon the
following table has been paid to the Director of Code Enforcement:
(1)
A minimum charge of $100, up to $1,000 value of work;
(2)
Plus $14 per $1,000, from $1,001 to $10,000 value
of work;
(3)
Plus $13 per $1,000, from $10,001 to $100,000 value
of work;
(4)
Plus $12 per $1,000, from $100,001 to $1,000,000 value
of work;
(5)
Plus $11 per $1,000, from $1,000,000 up value of work.
D.
An approved permit for the performance of plumbing
work shall not be issued to the applicant until a fee based upon the
following table has been paid to the Director of Code Enforcement:
(1)
A minimum charge of $100, up to $1,000 value of work;
(2)
Plus $14 per $1,000, from $1,001 to $10,000 value
of work;
(3)
Plus $13 per $1,000, from $10,001 to $100,000 value
of work;
(4)
Plus $12 per $1,000, from $100,001 to $1,000,000 value
of work;
(5)
Plus $11 per $1,000, from $1,000,000 up value of work.
E.
An approved permit for the installation of a pool
shall not be issued to the applicant until a fee based upon the following
table has been paid to the Director of Code Enforcement:
(1)
A minimum charge of $100, up to $1,000 value of work;
(2)
Plus $14 per $1,000, from $1,001 to $10,000 value
of work;
(3)
Plus $13 per $1,000, from $10,001 to $100,000 value
of work;
(4)
Plus $12 per $1,000, from $100,001 to $1,000.000 value
of work:
(5)
Plus $11 per $1,000, from $1,000,000 up value of work.
F.
Renewal permits. If a project has not been completed
within one year from the issuance of a building permit, then the applicant
may obtain a renewal permit that would allow all terms and approvals
of the original permit to remain in effect for one additional year.
Renewal permits shall be issued only once per property and charged
as follows:
G.
Miscellaneous permits. When it is determined by the
Director of Code Enforcement that a permit is required for proposed
work, and such work is deemed to be not included in the permit categories
enumerated hereinbefore, then a fee of $100 will be charged for such
permit. This fee will apply in instances when work is performed not
in conjunction with the construction of a building and where a zoning
permit is required for a use which does not entail construction.
A.
Permits will be required for all work under the jurisdiction
of the Director of Code Enforcement. Cost of the construction of a
building shall be secured from the architect, engineer or contractor
in charge of the work. The applicant for the permit shall present
bid sheets or proposal sheets or contract documents to substantiate
the building cost.
B.
If no bona fide certificate of cost by above methods
is available, then the Director of Code Enforcement will establish
the cost by using a square foot, cubic foot or by an acceptable estimate
method, whichever will produce a fair price for the project. In case
of a dispute, the Director of Code Enforcement is empowered to employ
the services of an architect, engineer or contractor to make an estimate
of the cost.
C.
The cost of a building shall include the general construction,
plumbing, mechanical equipment and electrical work, but shall not
include the cost of land, landscaping, sidewalks, driveways, etc.
Permit fees for mechanical, electrical or other
separate contracts, not included in the architect's or general contractor's
estimate, shall be paid for by each of the various separate contractors
doing work in accordance with the prices listed on the schedule of
fees.
No charge will be made for building permits
in connection with work done by or for the City on municipally owned
buildings, structures or other property.
[Amended 8-3-1978; 4-20-1982; 5-2-1991; 11-3-1994; 11-3-2016 by Ord. No. 79]
An approved permit for demolition shall not
be issued to the applicant until a fee based on the following table
has been paid to the Director of Code Enforcement for the demolition
of each structure:
|
Square Feet of Gross
Floor Area at Ground Level
|
Fee
|
|---|---|
|
Up to 500 (minimum charge)
|
$125
|
|
501 - 1,000
|
$200
|
|
1,001 - 2,000
|
$350
|
|
2,001 - 3,000
|
$500
|
|
3,001 and up
|
$800
|
[Amended 5-4-1978; 8-3-1978; 5-2-1991; 12-3-1992; 11-3-1994; 2-7-2002]
A.
A sign or similar display or advertising medium that
is attached to or is supported by the building, which projects wholly
or in part over the public right-of-way, shall be subject to a fee
of $50 upon its erection. This $50 fee shall be due annually thereafter
on January 1 of each succeeding year, and this fee is payable to the
Director of Code Enforcement each year until said is removed.
B.
A fee of $50 per property address shall be charged
for all requested certification letters, including certifications
with regard to flood zones and use and occupancy classifications.
[Amended 5-7-2015 by Ord.
No. 45; 11-3-2016 by Ord. No. 79]
The Director of Code Enforcement may revoke
a building permit issued by his/her department in the following instances:
A.
If he/she finds that the permit has been issued in
error and is not in accordance with the applicable law.
B.
If he/she finds a false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
C.
Where it is found that the work performed under the
permit is not being prosecuted in accordance with the provisions of
the application, plans or specifications or the building regulations
and zoning laws.
D.
Where the person to whom the building permit is issued
fails or refuses to comply with a stop order issued by the Director
of Code Enforcement.
E.
Wherever the Director of Code Enforcement has reasonable
grounds to believe that the work on any building or structure is being
prosecuted in violation of the provisions of any of the applicable
building laws, ordinances, or zoning regulations, or is not in conformity
with the plans and specifications on which the permit was based, or
the construction is being done in an unsafe and dangerous manner,
he/she shall notify the owner of the property or building, or the
owner's agent, or the contractor or the person performing the work
to suspend all operations. All building activities shall cease until
the stop order has been rescinded. Work shall not resume until the
owner or his/her representative is notified in writing by the Director
of Code Enforcement that the stop order has been rescinded.
Whenever the Director of Code Enforcement rejects
any plans or specifications for the erection or alteration of any
building or structure, or where he/she claims that the plans violate
part or parts of the Uniform Fire Prevention and Building Code or
the zoning ordinances or any other building regulations, or where
he/she disallows a permit because in his/her interpretation of this
article a violation will result, then the owner or applicant may appeal
as follows:
A.
An appeal involving a question under the Uniform Fire
Prevention and Building Code shall be taken pursuant to applicable
state law. A copy of the notice of appeal shall be filed with the
Director of Code Enforcement.
[Amended 10-2-2003 by L.L. No. 4-2003]
B.
An appeal involving a question which pertains to the
zoning or local building regulations of the City shall be taken within
six days from the date of the decision of the Director of Code Enforcement
to the Zoning Board of Appeals of the City. A copy of the notice of
appeal should be filed with the Director of Code Enforcement.
C.
Notice of the time of the hearing of such appeal shall
be made known to the appellant within six days of the receipt of the
appeal and shall be sent by mail to the appellant. The appellant shall
have the right to be present and be heard by counsel or in person
at this hearing and to give any evidence in support of his/her contention.
D.
The decision of the appeal, together with the plans
and specifications and other documents used in the appeal, shall be
filed with the Director of Code Enforcement for a permanent record.
If the decision of the reviewing board is favorable to the appellant,
then the Director of Code Enforcement will issue a building permit
in accordance therewith.
[Amended 3-2-1995]
A.
No building hereinafter erected shall be occupied
or used in whole or in part until completed in accordance with the
plans and specifications filed with the building permit application
and until a certificate of occupancy has been issued by the Director
of Code Enforcement.
B.
No building hereinafter altered, extended, enlarged
or worked upon, requiring the issuance of a building permit, where
the alterations, extension, enlargement or work shall be of such a
nature as to constitute, before its completion, a hazardous condition
which shall endanger the lives of persons or the occupants, shall
be used or occupied until the Director of Code Enforcement has issued
a certificate of occupancy.
C.
It is the duty of the Director of Code Enforcement
to make or direct to have made by his/her representative an examination
and inspection of the building in question during its construction
work and, at its completion, to satisfy himself/herself that the work
has been done in a safe manner and in conformity with the plans and
specifications filed when the building permit was issued, and in accordance
with this article.
D.
When the final inspection has been made, and he/she
is satisfied that the work has been completed in accordance with the
Uniform Fire Prevention and Building Code and all applicable ordinances,
then he/she shall issue a certificate of occupancy within 10 days
of such application. This certificate shall be dated, give the name
of the project and certify that the work has been done in conformity
with applicable building laws and regulations. The certificate shall
indicate the address of the building and the use or uses for which
the structure was made.
E.
Where the Director of Code Enforcement has reasonable
doubt as to the safety of the structure or any part thereof, then
he/she may require that the same be subjected to reasonable tests
or investigation to make sure of the structural safety or compliance
with the Uniform Fire Prevention and Building Code. He/She may require
documentary proof of strength or certain materials or require the
registered architect or professional engineer in charge of the job
to provide affidavits concerning the workmanship or materials or design
of any or all parts of the building. No certificates shall be issued
until all work is in conformity.
F.
No person or persons shall occupy any vacated business
space with any business until a certificate of occupancy is obtained
from the Bureau of Code Enforcement.
G.
Whenever a new business use is established within an existing building or a discontinued business is re-established, a work permit must be obtained and, at a minimum, an interior inspection must be made to ascertain if the business space in question is maintained in compliance with the requirements of Article II of this chapter, notwithstanding that the proposed business may not be receiving financial assistance from the City of Troy. This requirement shall not be construed to repeal, modify or constitute an alternative to any applicable legislation that contains more stringent requirements including, but not necessarily limited to, Chapter 285, Zoning, of this Code or the State Uniform Fire Prevention and Building Code. If alterations, repairs or other construction is proposed to be done, said work permit must include that scope of work also, if it would usually require a work permit. Then, upon determination by the Bureau of Code Enforcement that the business space is in compliance with Article II of this chapter and other applicable codes, if any, said certificate of occupancy will be issued, and the business may commence operations. The certificate of occupancy or a facsimile thereof shall be permanently displayed in a location that is readily visible from outside the primary entrance to the business.
H.
The term "business," as used herein, is intended to
"include any nonresidential use or occupancy."
I.
Fee. A $50 fee for the certificate of occupancy will be collected
at the time the building permit is issued.
[Added 11-3-2016 by Ord.
No. 79]
[Amended 5-3-2001 by Ord. No. 2-2001]
A.
All buildings or structures which are structurally
unsafe, unsanitary, or not provided with adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life,
or which in relation to existing use constitute a hazard to safety
or health by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment are, severally, for the purpose of this section, unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this section.
B.
Every vacant building is a potential fire hazard and,
if not properly boarded and secured and if the exterior of the building
and the grounds upon which it is located are not properly maintained,
is a potential blight on the neighborhood. Therefore, a vacant building
is a potentially unsafe building and, if not properly secured and
maintained, could substantially reduce the property values of the
adjacent properties and the surrounding neighborhood. Therefore, such
buildings shall be registered and their potential hazard shall be
abated in accordance with the provisions of this section.
C.
Not later than 30 days after any building located within an area zoned for or located immediately adjacent to an area zoned for any residential use in the City becomes vacant the owner shall register the building with the Bureau of Code Enforcement, shall board and secure the building pursuant to § 141-21C(1) below, shall file a plan detailing how the owner will maintain the building pursuant to § 141-21C(2) and how the owner will proceed in an expeditious manner to remove the building from its vacant status pursuant to § 141-21C(3), below, and shall pay the annual vacant building registration fee. A plan is not deemed filed unless and until the Director of the Bureau of Code Enforcement or his/her designee reviews and approves such plan. Nonetheless, the Director of the Bureau of Code Enforcement or his/her designee may determine that a plan was timely filed if he/she determines that the owner made a reasonable effort to file a plan that would be approved. In addition to buildings that fall within the class of buildings that must be registered because they are located in an area zoned for, or abutting an area zoned for, residential or neighborhood commercial use in the City, the Bureau of Code Enforcement may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building should be included on the registry. In any such case, the Director of the Bureau of Code Enforcement shall make a determination that the building should be included on the registry on the basis of facts that he/she articulates in writing. Once the Director makes such determination, he/she shall notify the owner in writing and offer the owner an opportunity to refute the facts upon which his/her determination was made. If the owner attempts to refute the Director's facts, the Director shall consider all the facts, including those presented by the owner, and shall make a final determination as to whether the building must be included on the registry. The owner shall then have a period of 30 days from the date the Director of the Bureau of Code Enforcement gives mail notice to the owner, at his/her address as listed in the City Treasurer's office as the owner's tax billing address, of the Director's final determination.
[Amended 5-3-2001 by Ord. No. 2-2001]
For purposes of this article, a building is
"vacant" if it meets any of the following criteria:
A.
The building is unoccupied and not secured or not boarded in compliance with the standards set forth in § 141-21C(1) below;
B.
The building is unoccupied and not maintained in compliance with the standards set forth in § 141-21C(2) below;
C.
The building is posted as "Unfit for Human Habitation"
by the City of Troy Bureau of Code Enforcement;
D.
The building is illegally occupied; or
E.
The building is unoccupied for a period of time over
three months.
[Amended 5-3-2001 by Ord. No. 2-2001]
A.
The owner of a vacant building shall file a plan explaining how he/she will comply with § 141-21C(2) and (3) below and shall pay an initial fee of $250. The fee shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the City in monitoring the vacant building site.
[Amended 4-3-2008 by Ord.
No. 5; 11-5-2009 by Ord. No. 4; 6-3-2010 by Ord. No. 5; 9-6-2012 by Ord. No.
3]
B.
The plan shall be filed and the registration fee shall
be paid no later than 30 days after the building becomes vacant, as
defined above. Thereafter, an annual fee shall be due and payable
on January 1 of each year that the building remains vacant.
[Amended 5-3-2012 by Ord.
No. 5; 9-6-2012 by Ord. No. 3]
C.
The fee shall be paid in full prior to the issuance
of any building permits, with the exception of a demolition permit.
D.
The Bureau of Code Enforcement shall maintain a separate
file for each vacant building and shall include in the file any property-specific
written statements from community organizations, other interested
parties or citizens, regarding the history, problems, status or blighting
influence of a vacant building.
E.
Any person violating any provision of the Vacant Building
Registry or providing false information to the Bureau of Code Enforcement
shall be guilty of a violation and, upon conviction, be subject to
a fine of $250 or imprisonment of up to 15 days, or both such fine
and imprisonment.
F.
Any person who fails to file a plan within the time required by this article or any person who, having filed a plan, fails to follow such plan, will cause the City to spend greater resources to administer the Vacant Building Registry and to monitor the vacant building site. Consequently, the Director of the Bureau of Code Enforcement, in addition to the authority to prosecute the offense of a criminal violation as set forth in Subsection E above, may determine that an additional registration fee should be assessed against the owner of a vacant building. Such additional fee shall cover the increased costs to the City of administering the Vacant Building Registry and of monitoring the vacant building site caused by persons failing to timely file a plan or failing to follow their filed plan, but in no event may such additional fee be set at more than $1,000. Prior to the imposition of an additional fee, the Director of the Bureau of Code Enforcement or his/her designee shall give the building owner notice of alleged failure and of his/her intent to assess an increased fee and shall accord the building owner an opportunity to be heard at an administrative hearing held in accordance with due process of law. Actual notice is not required, but notice shall be given in a way determined to be reasonably calculated to give the owner actual notice.
G.
[1]Annual fees.
[Added 11-5-2009 by Ord.
No. 4; amended 6-3-2010 by Ord. No. 5; 5-3-2012 by Ord. No. 5]
H.
Waiver
of fees.
[Added 5-3-2012 by Ord.
No. 5; amended 9-6-2012 by Ord. No. 3]
(1)
The
owner of a vacant property may apply for a waiver of the fee imposed
under paragraph G above, through the Bureau of Code Enforcement, upon
demonstrating compliance with the following conditions:
(a)
Said property owner is in compliance with § 141-21C(5) of the City Code and the completed and signed Vacant Building Checklist is on file with the Bureau of Code Enforcement;
(b)
Said property owner, if owning other properties in the City of Troy,
is in full compliance with all applicable codes at those locations
and is current in all taxes collectible by the City;
(c)
Said property owner shall add the City of Troy as an additional named
insured and alternate payee for property insurance; and
(d)
Said property owner must submit to the City of Troy a written plan
detailing any and all work to be done during the duration of the applied-for
waiver, including a scope of work, photographic documentation of proposed
work area(s), project schedule and cost estimate of work to be undertaken.
Said work plan shall be reviewed by the Bureau of Code Enforcement
for approval and issuance of a building permit. As the goal of this
waiver is to encourage investment in vacant properties, the owner
must obtain a certificate of occupancy or certificate of compliance
on or before the termination date of the waiver. It is also the owner’s
responsibility to submit to the Bureau of Code Enforcement a quarterly
reporting form, due within 10 days of the close of each calendar quarter,
detailing the work accomplished in the preceding three-month period,
including photographic documentation and receipts for labor and materials.
The reporting form will be compared to the previously submitted work
plan for compliance with the request for the waiver. Should it be
determined that the submitted report does not meet the criteria set
forth in the owner-submitted work plan, and the Bureau of Code Enforcement
revokes the waiver, the owner may appeal the decision to the Deputy
Mayor and City Engineer. Code enforcement reserves the right to conduct
a visual inspection of the property to verify completed work. Failure
to comply with any of these provisions will result in the revocation
of the waiver and the assessment of all unpaid vacancy fees; or
(e)
If the said property is being listed for sale, the owner shall provide
proof to the Bureau of Code Enforcement each month during the waiver
period that the vacant property is listed for sale with a licensed
real estate broker (copy of MLS listing is suitable proof), and that
a realty sign is installed and visible and the property is being advertised
in a minimum of five Internet placements. Additionally the property
must be listed for a reasonable price (not to exceed 135% of the full
value assessment). Failure to comply with any of these provisions
will result in the revocation of the waiver and the assessment of
all unpaid vacancy fees.
(2)
The
granting of the waiver does not relieve said property owner from any
other property maintenance and code compliance responsibilities. Should
the property for which the waiver was granted be found in violation
of other code requirements during the waiver period, the property
is subject to being cited under the City Code.
I.
All unpaid
fees imposed on or after the effective date of this subsection shall
be added to the annual City tax levy for each affected property.
[Added 5-3-2012 by Ord.
No. 5]
[Amended 5-3-2001 by Ord. No. 2-2001]
A.
The registration shall be submitted on forms provided
by the Bureau of Code Enforcement and shall include the following
information supplied by the owner:
(1)
A description of the premises.
(2)
The names and addresses of all owners.
(3)
If none of the owner(s) reside in Rensselaer County
or any adjoining county, the name and address of any third party with
whom the owner has entered into a contract or agreement for property
management.
(4)
The names and addresses of all known lienholders and
all other parties with an ownership interest in the building.
(5)
A telephone number where a responsible party can be
reached at all times during business and nonbusiness hours.
(6)
A statement whether the building is currently insured
by a policy of fire insurance and, if so, the name, address and telephone
number of the insurance company and the insurance agent and the amount
of the coverage. If the building is not currently covered by fire
insurance, the owner shall set forth the reason(s) why it is not so
covered.
B.
All applicable laws and codes shall be complied with by the owner. The owner shall notify the Bureau of Code Enforcement of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan detailing how the owner will maintain the building in compliance with Subsection C(2), below, and how the owner will proceed in an expeditious manner to remove the building from its vacant status pursuant to Subsection C(3), below, including but not limited to the timetable listed in such plan, is revised in any way, the revisions must be in writing and must meet the approval of the Director of the Bureau of Code Enforcement or his/her designee.
C.
All vacant buildings shall be kept secured or shall be kept boarded up, both as defined in Subsection C(1), and shall be maintained in accordance with Subsection C(2) of this section. Also, once a building has been vacant for a period of three months or more, its owner shall provide evidence, as described in Subsection C(3) of this section, that said owner is proceeding in an expeditious manner to remove the building from its vacant status.
(1)
The term "secured," for the purposes of this section,
shall mean that all means of ingress and egress, including but not
limited to all doorways and windows, shall be in good state of repair,
without any broken glass or other damage that might allow entry or
create an eyesore, and shall be securely locked. Any building that
is not so secured shall be promptly "boarded up," meaning that all
means of ingress and egress at all floor levels shall be covered over,
as specified hereinafter, so as to ensure the continued security of
the building and to reduce the negative impact on the neighborhood.
Boarding up shall be done by utilizing the following minimum materials
and methods unless another equivalent system is proposed in writing
and approved by the Director of Code Enforcement:
(a)
Exterior-grade plywood or sheathing-grade particle
board, at least 1/2 inch thick, shall be used for boarding material.
It shall be cut to fit neatly into each opening so that it covers
the entire window or door frame but does not overlap onto the adjacent
wall surfaces.
(b)
Openings in excess of three feet wide shall
be braced by installing at least one two-inch-by-four-inch wood stud,
or equal, at the midspan and for the full height of the opening.
(c)
The boarding material shall be secured to the
building by sixpenny (minimum size) coated nails spaced no more than
six inches on center at the edges and 12 inches on center at any intermediate
bracing, except that one doorway shall be secured in such a manner
that it can provide access to the building by authorized persons.
If such door contains any glass panels or wood panels less than one
inch thick, it shall be entirely covered with boarding material.
(d)
The door shall be secured with at least two
keyed locks, and its hinges shall have concealed fastenings.
(e)
All boarding material shall be finished on the
exterior with one coat of primer and two coats of exterior-grade paint
in color matching that of the adjacent walls.
(f)
The secured building shall be provided with
adequate ventilation to prevent the accumulation of moisture which
might deteriorate the finishes and the structure. Adequate ventilation
shall be deemed to be a minimum of two louvered and screened ventilation
openings, each having an opening size of at least 144 square inches
and placed in opposite walls of the building at the uppermost floor
level. Interior doors at all floor levels shall be left in the open
position in order to allow circulation of air. If circulation of air
within and between all floors is not possible using only two vents,
then additional vents shall be installed to achieve such circulation.
(2)
In addition to securing or boarding up the building,
the following minimum requirements shall be met for all vacant buildings:
(a)
The roof shall be structurally sound and weathertight.
Any damaged or missing rafters, decking or roofing materials shall
be repaired or replaced with equivalent material but in no case less
than two-by-six-inch wood rafters, one-half-inch thick exterior plywood
and ninety-pound roll roofing, respectively, all installed in a workmanlike
manner.
(b)
All combustible trash and debris shall be removed
from the building. Any portions of the exterior of the main building
or accessory buildings, including but not limited to walls, porches,
stairs, parapet walls and chimneys, that are deteriorated so as to
be in danger of collapse or to otherwise constitute a hazard or allow
penetration of water into the building shall be repaired or replaced
or otherwise made safe and weathertight.
(c)
The grounds surrounding the building shall be
cleared and kept cleared of all litter, rubble, debris, trash and
junk and of all grass or weeds in excess of six inches in height.
(3)
When it is required by this article that a building
be boarded up, it shall be the responsibility of the owner to have
the electric and gas service, if any, temporarily shut off from the
building by contacting Niagara Mohawk Power Corporation customer service.
Service may not be reconnected until repair and rehabilitation work
or occupancy actually commences.
(4)
All plumbing and heating systems that contain water
shall be completely drained and kept empty between October 15 and
April 15, and an antifreeze solution shall be added to all plumbing
traps in the building. This shall not apply if the building is adequately
heated during that time period.
(5)
The owner shall arrange to provide access to the interior
of the building by representatives of the Bureau of Code Enforcement
to inspect for compliance with the requirements above that pertain
to the interior.
(6)
The owners of buildings which for any reason remain
vacant for a period of three months or more shall be subject to the
procedures of this section. By the end of such three-month time period,
the owner of the vacant building shall demonstrate to the Director
of Code Enforcement that said owner has taken all positive action
to abate the vacancy of the building in an expeditious manner. This
action may include but is not limited to applying for and obtaining
a work permit to repair and rehabilitate the building, or to demolish
it, and proceeding with the work in a timely fashion; providing competent
evidence that the building is listed for sale by a licensed realtor
and is being periodically advertised for sale in a local newspaper
or other journal; or providing a proposed schedule of action to undertake
repair and rehabilitation of the building, including a detailed financial
plan for its accomplishment.
D.
The Director of Code Enforcement shall examine or
cause to be examined every building reported as unsafe, damaged or
vacant and shall make a written record of each such examination. The
Director shall have all buildings that are vacant or abandoned inspected
not less than two times annually or as frequently as necessary so
as to ensure that they are properly secured or boarded up and maintained.
[Amended 5-3-2012 by Ord.
No. 5; 9-6-2012 by Ord. No. 3]
E.
Whenever the Director of Code Enforcement shall find
a building or structure or a portion thereof to be an unsafe or vacant
building, he/she shall give the owner, agent or person in control
of such building or structure written notice stating the defects thereof.
This notice shall require the owner within a stated time either to
complete specified repairs or improvements, or to demolish and remove
the building or structure or portion thereof.
F.
If the Director of Code Enforcement finds that there
is actual and immediate danger of failure or collapse so as to endanger
life, such notice shall require the building, structure or portion
thereof to be vacated forthwith and not reoccupied until the specified
repairs and improvements are completed, inspected and approved by
the building official. The Director of Code Enforcement shall cause
to be posted at each entrance of such building a notice which includes
the statement that, THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY
HAS BEEN PROHIBITED BY THE DIRECTOR OF CODE ENFORCEMENT, CITY OF TROY.
Such notice shall remain posted until the required repairs or demolition
is completed. It shall be unlawful for any person, firm or corporation
or their agents or other servants to remove such notice without written
permission of the Director of Code Enforcement, or for any person
to enter the building except for the purpose of making the required
repairs or of demolishing the same.
G.
In case the owner, agent or person in control cannot
be found within the stated time limit, or if such owner, agent or
person in control shall refuse, neglect or fail to comply with the
notice to repair, rehabilitate or to demolish and remove such buildings
or structure or portion thereof, the Corporation Counsel shall be
advised of all the facts in the case and shall undertake an appropriate
action in the courts to compel compliance.
H.
In case of emergency which, in the opinion of the
Director of Code Enforcement, involves imminent danger to human life
or health, he/she shall promptly cause such building, structure or
portion thereof to be made safe or removed. For this purpose, he/she
may at once enter such structures or land on which it stands or abutting
land or structure with such assistance and at such costs as may be
necessary. He/She may vacate adjacent structures and protect the public
by appropriate barricades or such other means as be necessary and
for this purpose may close a public or private way. For this purpose,
a vacant building or the grounds around it that is so poorly maintained
that, in the opinion of the Director of the Bureau of Code Enforcement,
the property constitutes a blighting influence on the neighborhood
shall also constitute such an emergency empowering the City to take
responsive action under this article.
I.
Costs incurred under Subsections G and H of this section shall be paid out of the municipal treasury on certificate of the Director of Code Enforcement. Such costs shall be charged to the owner of the premises, and the amount thereof shall be levied in the same manner as a tax against the property or may be collected pursuant to the provisions of § 78(b) of the General Municipal Law of the State of New York made effective May 15, 1980, or as hereafter may be amended.
[Amended 3-4-1971; 11-7-1985]
A.
The business section of downtown Troy hereinafter
described shall be known as the "fire limits."
B.
The area of these fire limits are bounded and described
as follows:
|
Beginning at a point on the east bank of the
Hudson River 100 feet north of the north line of Douw Street and running
easterly and parallel with Douw Street to the east boundary of the
right-of-way of the Boston and Maine Railroad Tracks; thence southerly
along said east boundary of the railroad tracks to a point 100 feet
north of the north boundary of Hoosick Street; thence easterly parallel
to Hoosick Street to a point 100' east of the east boundary of Tenth
Street; thence southerly and parallel to Tenth Street to a point 100
feet south of the south line of Federal Street; thence westerly parallel
with Federal Street to a point 100' east of the east line of Eighth
Street; thence southerly and parallel with Eighth Street to a point
100 feet north of the north line of Congress Street; thence easterly
and parallel to Congress Street to a point opposite the center line
of the junction of Congress and Ferry Streets; thence southerly through
this center line intersection approximately 300 feet to a point 100
feet south of the south boundary of Ferry Street; thence westerly
and parallel with Ferry Street to a point 100 feet east of the east
line of Seventh Avenue; thence southerly and parallel to Seventh Avenue
to a point 100 feet south of the south line of Canal Avenue; thence
westerly and parallel with Canal Avenue to a point 100 feet east of
the east boundary of Fifth Avenue; thence southerly and parallel to
Fifth Avenue to a point where it intersects the extension of the south
boundary of Monroe Street; thence westerly and parallel along the
south boundary of Monroe Street to a point 100 feet east of the east
boundary of Fourth Street; thence southerly to a point 100 feet south
of the south boundary of Trenton Street; thence westerly parallel
with Trenton Street to a point where it intersects a line 100 feet
south of the south line of Jackson Street; thence westerly and parallel
with Jackson Street to the east bank of the Hudson River; thence northerly
along the east bank of the Hudson River to a point 383 feet south
of the Troy-Green Island Bridge; thence easterly approximately 35
feet to the west boundary of Third Street; thence northerly along
the west boundary of Third Street to the south edge of the Troy-Green
Island Bridge; thence westerly to the east bank of the Hudson River;
thence northerly along the east bank of the Hudson River to the point
of beginning.
|
A.
The construction of wood frame buildings will not
be allowed within the fire limits heretofore described.
B.
A wood frame building is one where the outside walls
are built of wood studding or other lumber construction, whether the
same is covered by masonry, veneer, sheet metal or other type covering.
C.
Any existing wood frame building which is damaged
by fire, decay, explosion or otherwise to an extent of more than 40%
of its value (exclusive of foundation) shall not be repaired or rebuilt
as a frame building.
D.
No wood or asphalt shingles are permitted in the fire
limits either for roofing or siding.
E.
Temporary one-story wood structures not exceeding
500 square feet may be erected within the fire limits in connection
with construction projects at the discretion of the City Engineer.
F.
All exterior walls of buildings in the fire limits,
regardless of height, shall have a minimum thickness of twelve-inch
masonry or have a four-hour fire rating of other materials.
Every temporary support, whether in demolition
work, new construction or remodeling shall have and be of sufficient
strength and with adequate safety factor to safely carry the load
for which it is intended and all work shall be in conformance with
the terms of the Industrial Code Rule No. 23, as amended, effective
November 1, 1959, of the Labor Law of the State of New York.
Every builder or contractor or other person
engaged in the erection or tearing down or removal of buildings or
structures where debris has to be removed must do the same without
causing a nuisance in the neighborhood. Such debris and waste materials
shall be dampened with water so as to prevent dust.
A.
Excavations for all buildings shall be only of sufficient
size so that workmen have enough space for the proper installation
of footings and foundation walls, etc. Such excavation shall not endanger
the adjoining properties, streets or alleyways. Where such danger
exists, then the Director of Code Enforcement may require the installation
of sheet piling or other methods to protect adjacent properties.
B.
Such excavation shall be left open no longer than
necessary and therefore the prompt construction of the building or
structure will be required and completed as soon as possible so that
backfilling can be finished as soon as permissible.
C.
Adequate barricades, red lanterns and other devices
to protect the public shall be maintained throughout the work.
D.
Use of explosives shall only be done with the permission
of the Director of Code Enforcement. Adherence to the state law in
connection with the use of explosives near public utilities will be
required. Checks shall be made with the telephone company, electric
power company and gas company before using such explosives.
In case of the erection of a new building of
a greater depth than the adjacent building and where it is necessary
to underpin the foundation of an adjoining building, the responsibility
for the safety of the adjoining building or buildings and the cost
of all such underpinning shall be borne by the party erecting the
new building or wall. Such underpinning shall be made of masonry of
a thickness at least the thickness of the wall which it is to support
and designed to support the load for which it is intended.
A.
Prior to applying for a demolition permit, the party
interested in having the demolition done shall make application to
the City Planning Board for approval of such demolition and post-demolition
plan. The Planning Board may approve such application or impose such
modifications as the Board deems appropriate.
B.
In the demolition of a structure, the person making application for a permit will obtain, prior to permit issuance, a letter of approval from the Rensselaer County Department of Health regarding extermination. The applicant will be issued a barricade permit. Then he/she will erect an approved system of barricades, have the water, sewer, electric, gas and telephone services disconnected by the appropriate agencies and plug the sewer lateral where it exists in the structure. All glass will be removed. Then an inspection will be made and. if the above has been completed in accordance with this Code, and the after-demolition plan, if required, has been approved pursuant to the procedure set forth in § 141-29 below, then a demolition permit will be issued. The contractor will obtain appropriate approval from the Department of Public Utilities for water use on site for dust control and have sufficient lengths of 1 1/2 or 2 1/2 hose for this purpose. The contractor will provide a flagman for traffic control when necessary and, should a street have to be closed, he/she will obtain permission from the City Engineer and notify the Chief of Police and the Fire Chief.
C.
In all cases of demolition of buildings within the
fire limits[2] where a building is in excess of 20 feet in height measured
to its highest point, then a sidewalk bridge shall be erected in accordance
with the terms of the Industrial Code Rule No. 23, as amended, November
1, 1959, of the Labor Law of the State of New York. These sidewalk
bridges shall be roofed over with a solid deck and supported by members
of adequate strength to support the load to which it is subjected
and to protect the public.
D.
In cases of the demolition of an existing building
which has a common or party wall with either of the adjoining buildings,
the owner of the building to be demolished shall be responsible for
and bear all costs in relation to the safeguard of the adjacent wall.
E.
Where beams, girders and joists are removed from party
walls, these pockets shall be thoroughly cleaned out and filled with
solid masonry. Necessary repairs shall be made to put the party wall
in a safe condition. This work shall all be done by and at the expense
of the property owner doing the demolition work, whether the wall
is to be left exposed or a new building is to be erected.
F.
Where such demolition work is to be made and no immediate
new construction is intended at the site, then the adjacent wall,
whether of the party type or otherwise, shall be left in an acceptable
condition as far as appearance is concerned. In addition to the repair
of all joists, pockets and similar openings, the owner of the demolished
buildings will be required to move all old plaster, wallpaper and
other decorative material in addition to any loose wood trim or other
unrequired material, all subject to the approval of the Director of
Code Enforcement. Such exposed walls shall be left with an acceptable
appearance. In the case of the demolition of an existing building
in which the removal of the building endangers the adjoining structure
(and there is no party wall), it shall be the responsibility of the
owner of the adjoining building to protect his/her property.
G.
During the demolition work, debris must be systematically
removed from the site and not allowed to pile up or cause any obstruction.
Burning of debris on the site in the fire limits is prohibited. Burning
of debris in other zones shall be in conformance with regulations
of the New York State Department of Environmental Conservation, Part
190 of the New York State Sanitary Code and § 301 of the
New York State Conservation Law and with the approval of the Fire
Chief.
H.
When buildings to be demolished contain a cellar or
basement, the contractor shall remove all debris and organic material
from the cellar or basement and then breakup and/or perforate the
cellar floor. The bearing or foundation wall shall be removed to a
depth of 24 inches below the present grade or 24 inches below any
future grade to be established. The material resulting from the cellar
or foundation wall demolition may remain in the excavation, provided
that material is crushed and compacted. Where there is no cellar or
basement, the bearing or foundation wall shall be removed to a depth
of 24 inches below the present grade or 24 inches below any future
grade to be established.
[1]
Editor's Note: This ordinance added a new
Subsection A and redesignated former Subsections A through G as B
through H, respectively.
[Added 6-1-2000 by Ord. No. 10]
A.
Demolishing structure(s) on a lot oftentimes substantially
changes the character of the lot. In turn, the condition of the resultant
lot could be such that it adversely affects the property of adjoining
owners or the surrounding neighborhood. For example, the appearance
of a vacant lot can be so unsightly that it significantly detracts
from the appearance of other properties in the neighborhood or the
removal of the principal building on the lot causes dust, erosion
or drainage problems that didn't exist when the building stood on
the lot. Additionally, vacant lots can easily become sites for illegal
off-street parking and illegal dumping.
B.
The intent of this section is to establish a procedure
that will provide a measure of protection for the adjoining property
owners and surrounding neighborhood without being either unduly burdensome
or unfairly costly for the applicant. This procedure shall be followed
in all cases where no site plan approval is required. The procedure
outlined herein should also be followed when the City of Troy is the
applicant for a demolition permit.
C.
In addition to the requirements set forth in § 141-28 above, the applicant for a demolition permit, if not required to submit a site plan, shall submit a plan for the site as he/she expects it to appear after the structure(s) are demolished. The plan shall address such issues as controlling erosion and drainage from the lot, presenting a reasonable appearance for the lot, discouraging illegal dumping and parking on the lot, and the like. The Director of the Bureau of Code Enforcement shall determine the form of the plan in each instance. An acceptable plan may be a textual description, a rudimentary drawing or a professionally drawn site plan, as the circumstances may reasonably require. Every plan shall include a deadline date within which the demolition of the structure(s) and the after-demolition plan must be completed. The Director of Code Enforcement, for good cause shown, may extend the deadline date.
D.
The proposed plan shall be filed with the Bureau of
Code Enforcement. The Director of the Bureau of Code Enforcement or
his/her designee shall review the site and the submitted plan to determine
if the submitted plan identifies and mitigates any adverse effects
the site, as it would exist after the demolition, would have on the
adjoining property owners and surrounding neighborhood. In determining
whether to require the applicant to modify the submitted plan, the
Director of the Bureau of Code Enforcement or his/her designee must
first take into account the cost to the applicant in relation to the
value of the lot. The Director shall then weigh the expected benefit
to the adjoining property owners and the neighborhood.
E.
In the course of conducting his/her review, the Director
of the Bureau of Code Enforcement or his/her designee shall give mail
notice to the adjoining property owners and post notices on the site
in the same manner as is required prior to the City Planning Commission's
consideration of a proposed site plan. The mail notice is designed
to give the adjoining property owners a fair opportunity to identify
problems that they think will arise because the structure(s) will
no longer exist on the lot. The notice required herein shall include
a statement describing its purpose.
F.
No demolition permit may be granted sooner than 15
days after the first posting and the mailing of the notices. Notices
to the adjoining property owners should include a date by which the
Bureau of Code Enforcement must receive the property owner's response
to ensure that it will be considered.
G.
If the applicant accepts the determination of the
Director of the Bureau of Code Enforcement or his/her designee, then
the applicant shall submit a final plan that shall be filed with the
Bureau of Code Enforcement, and the Bureau will thereupon issue the
permit. If the applicant does not accept the determination of the
Director of the Bureau of Code Enforcement or his/her designee, then
the applicant shall have the right to have his/her site plan reviewed
by the City Planning Commission.
H.
The request for Planning Commission review shall be
filed and processed in the same manner as a site plan review application.
However, no fee shall be charged for filing the appeal. The Planning
Commission shall consider the information considered by and the determination
made by the Director of Bureau of his/her designee, but it shall reach
its own determination considering what facts it deems relevant, applying
the same standard as applied in the initial review.
I.
The Planning Commission's determination shall be the
final determination of the City and may be reviewed in a proceeding
brought pursuant to Article 78 of the New York Civil Practice Law
and Rules.
J.
Every person, firm or corporation who shall fail to
follow a plan approved pursuant to this section shall be guilty of
a violation.
In the erection of building walls of masonry,
no such walls shall be carried up more than one story (or 15 feet)
above another wall of the same building without being adequately braced
to resist wind pressure. All such walls shall be given proper support
and bracing to resist wind and weather.
[Amended 10-3-1991]
A.
Any owner of a residence as defined in Article II of Chapter 285, Zoning, of this Code, except for single-family detached residences, having been convicted within the previous two years of a violation of this Code arising out of his/her ownership or maintenance of any residence, shall obtain a certificate of compliance for each change of use as defined in Chapter 285, Zoning, and for each change in tenancy of ownership. No such owner shall permit a change of use or of tenancy or ownership without a certificate of compliance.
B.
Such certificate of compliance shall be issued by
the Bureau of Code Enforcement after inspection and shall certify
that the residence and the proposed use thereof complies with the
provisions of this Code and the New York State Uniform Fire Prevention
and Building Code.
C.
All certificates of compliance shall be applied for with the Bureau
of Code Enforcement, which shall charge an inspection fee of $75 for
the first unit and $50 for each additional unit. Once the unit or
units are in compliance a $50 fee will be charged for the certificate.
[Amended 11-3-2016 by Ord. No. 79]
D.
The Bureau of Code Enforcement shall provide written
notification of this section to every owner subject to the provisions
by personal delivery or registered mail, return receipt requested.
It shall maintain a record of such notification and of all certificates
of compliance issued, and copies shall be furnished upon request to
any person having a proprietary or tenancy interest in any residence
affected.
E.
Notwithstanding any other provision of law, every
person, firm or corporation who shall violate any provision of this
section shall be punished by a fine of not more than $1,000 or by
imprisonment for not more than one year, or both.
[Amended 10-2-2003 by L.L. No. 4-2003]
A.
Marquees or canopies may be erected over main entrances
if they are properly suspended, braced and supported to the structure.
Posts, columns or similar supports beyond the street property line
will not be allowed. Roof drainage of such canopies shall not be discharged
onto the sidewalk or allowed to drain from the edges. Such roof drainage
shall be conducted by an inside leader directly to the sewer. The
depth of overhang over a sidewalk shall be limited to one-half the
width of the sidewalk but in no case shall it exceed 10 feet.
B.
Construction of all marquees and canopies shall be
of fireproof material and, when glass is used, not less than one-fourth-inch-thick
wired glass will be allowed.
C.
In no case shall the clear height under any marquee
or canopy be measured less than 10 feet above the sidewalk.
D.
The length of a marquee or canopy measured along the
front of a building shall not exceed 1 1/2 times the width of
the gross door opening or 10 feet.
Storage of gasoline, fuel oil or other liquid
fuels shall not be allowed under public sidewalks, streets or alleys.
Tanks or other storage facilities shall be entirely within the property
lines of the buildings they serve.
[Amended 4-2-1992]
A.
The erection of signs on the front of buildings will
be allowed if they are constructed of fireproof material, properly
protected from the elements and firmly and permanently attached to
the front of the building or structure. All signs, whether on the
roof or the wall of the building shall be so constructed as to adequately
resist wind pressure in accordance with the terms of the Uniform Fire
Prevention and Building Code.
B.
The overhang of any sign is limited to four feet over
a public sidewalk or thoroughfare with a minimum clearance of at least
12 feet between the sidewalk level and the bottom of the sign. The
designs of any sign or display board having an area on one face in
excess of 50 square feet must be submitted to the Director of Code
Enforcement or his/her designee for approval before construction will
be permitted. Any sign planned for the City's historic districts
must be reviewed by the Historic Review Committee and may be subject
to review by the City's Planning Commission prior to approval.
[Amended 2-7-2013 by Ord. No. 9; 5-7-2015 by Ord. No. 52]
C.
Note that there is an application and fee of $100
per sign.
[Amended 2-7-2013 by Ord. No. 9]
E.
Notwithstanding any other provision of this Code to the contrary, no advertising sign, off-premises sign or billboard, as defined in § 285-93 of this Code, shall be newly constructed on or after the effective date of this subsection.
[Added 5-6-2004 by L.L. No. 3-2004]
F.
Any sign, placard, banner, handbill, directional sign, or other notice
or memorial/remembrance in any street right-of-way or on any other
public property shall be allowed to stand for no more than 30 days
after the event that the remembrance memorializes.
[Added 12-17-2015 by Ord.
No. 113]
G.
No such sign, placard, banner, handbill or other notice or memorial/remembrance
shall be posted or erected on private property without the permission
of the property owner.
[Added 12-17-2015 by Ord.
No. 113]
H.
Any handbill, placard, sign or memorial/remembrance or otherwise,
affixed upon any public property posted beyond 30 days of the incident
being memorialized shall be removed by the Police Department or the
Department of Public Works. Notice of this removal shall be posted
by the City at least five days prior to the memorial being removed,
and this notice shall be posted near the memorial but not affixed
to the memorial. Any sacraments removed will be temporarily transferred
to a City of Troy Public Works storage site for an additional 30 days,
where they may be retrieved by their owners prior to their permanent
disposal.
[Added 12-17-2015 by Ord.
No. 113]
[Amended 4-2-1992]
The attachment of awnings and other folding
sun protective devices will be allowed in the front of buildings to
project into the public thoroughfare or sidewalk when in their open
position, as long as the overhang is limited to eight feet and the
clear distance from the sidewalk to the underside of any part of the
awning or its frame is in excess of eight feet; except that this section
shall not apply to the attachment of any awning, folding sun protective
devices or any other property incidental to the production of a commercial
artistic or cinematographic enterprise that has obtained permission
from the City to undertake said commercial artistic or cinematographic
enterprise.
Permits for the installation of sidewalk elevators
and other hoisting apparatus must be obtained from the Director of
Code Enforcement. The use of soft coal and other offensive fuel will
be prohibited in connection with the operation of hoisting apparatus
and other construction machinery.
Where it is necessary to install a Siamese connection
on the front of a building, where the wall is on the property line
such Siamese connection shall be protected with a curved bumper bar
to protect passersby.
The Chief of the Fire Department is hereby directed
to see that arrangements concerning standpipes, water lines for fire
protection sprinkler systems, etc., are installed in good order and
in accordance with the requirements of this article.
[Amended 12-1-2005 by Ord. No. 6]
Where new sidewalks have to be installed on
a public street, they shall conform to this article and appurtenant
regulations. They shall meet the existing grades of the sidewalks
on adjacent properties and also the established curbline. The finished
surface shall pitch toward the street, and curb boxes for gas and
water shall be flush with the surface of the walk. Only slate and
concrete sidewalks will be allowed in all areas of the City except
the fire limits. Such sidewalks shall be of one course construction
with a minimum thickness of 2 1/4 inches laid on approved crushed
stone or gravel base four inches thick. All sidewalks shall conform
to the requirements of the State Department of Public Works (New York
state building codes) concerning both material and installation. Blacktop,
asphalt or asphaltic concrete is prohibited for use on any sidewalk.
The use of any material, other than concrete or slate, for sidewalks
may only be approved and authorized for use by a variance issued from
the City of Troy Zoning Board of Appeals (ZBA).
A.
Where it is necessary to cut a curb for the installation
of a driveway across the sidewalk, the cost of such cutting shall
be borne by the property owner. This work shall be done in a neat
manner by skilled workmen and as directed by the City Engineer. Damage
to City-owned property shall be satisfactorily repaired by the property
owner or contractor at their own expense.
B.
Since it is undesirable to have driveways in the downtown
business district, special application shall be submitted to the Planning
Commission for any proposed driveways in the fire limits. This Commission
has the right to reject such application if it considers it to be
detrimental to the safety of the public, the movement of traffic and
not in the best interests of the City.
A building permit shall not be issued unless
public water supply and public sewers are available to the lot where
the erection of a building is proposed. The Director of Code Enforcement
shall contact the City Engineer and the County Health Department concerning
the availability of these utilities, and the issuance of a permit
shall be withheld until the Director of Code Enforcement is advised
by higher authorities that satisfactory water supply and sewage disposal
are available.
A.
Metal storage tanks for fuel oils will be allowed
inside basements of buildings and structures with a maximum aggregate
capacity of 900 gallons, provided capacity of an individual tank does
not exceed 350 gallons and the tanks are valved so as to limit capacity
connected to an oil burner at any one time to 550 gallons. Tanks shall
be kept in good condition. They shall be underwriters-approved, with
labels. The outside of all tanks shall be painted with a metal primer.
B.
Fuel oil in excess of the above quantities shall be
stored in underwriters-approved metal tanks and these tanks shall
be enclosed in masonry walls at least eight inches in thickness, the
top of the wall to be at least six inches above the top of the tank.
The tank shall be capped with a four-inch concrete slab. In residential
zones, fuel oil tanks outside the building shall be buried below the
ground level with at least 18 inches of cover over the top of the
tank. Tanks thus buried shall be first coated with a heavy coat of
asphalt paint to prevent rusting and deterioration.
C.
Volatile fuels and other inflammable liquids with
a flash point of less than 110 shall not be stored within or under
any building or structure. Where such volatile fuels are stored, tanks
shall be at least 10 feet from adjacent property lines. All such tanks
shall be encased in walls of 2,500 pound concrete, 12 inches thick
on four sides as well as top and bottom slabs. Bottom slabs shall
have a two-by-four keyway all around to receive the side walls. There
shall be 12 inches of cover over the top of the slabs.
D.
Where fuel oil filler pipes and vents protrude beyond
the property line of a building into a public street, such protrusion
shall be limited to four inches.
A.
AUTOMOTIVE SERVICE STATION
UNDERGROUND TANK
Definitions. As used in this article, the following
terms shall have the meaning indicated:
That portion of a property where gasoline used as motor fuel
is stored and dispensed from fixed equipment into the fuel tanks of
motor vehicles.
An underground tank for the storage of gasoline at an automotive
service station.
B.
Underground tanks for the purpose of storage of gasoline
at automotive service stations shall be designed and constructed in
accordance with the specifications of nationally recognized standards
and in other respects shall conform with the provisions of this article.
Tanks labeled "Underground Storage Tanks" by Underwriters' Laboratories,
Inc., shall be considered as meeting this requirement.
C.
Location. Underground tanks shall be so located with
respect to existing building foundations and supports that the loads
carried by the latter cannot be transmitted to the tank. The distance
from any part of a tank to the nearest wall of any basement, pit,
or cellar shall be not less than one foot and from any property line
that may be built upon, not less than three feet.
D.
Depth and cover. Excavation for underground storage
tanks shall be made with due care to avoid underpinning the foundations
of existing structures. Underground tanks shall be set on firm foundation
and surrounded with soft earth or sand well tamped in place. Tanks
shall be covered with a minimum of two feet of earth on top of which
shall be placed a slab of reinforced concrete not less than four inches
thick. When underground tanks are or are likely to be subjected to
traffic, they shall be protected against damage from vehicles passing
over them by at least three feet of earth cover, or 18 inches of well-tamped
earth, plus six inches of reinforced concrete or eight inches of asphaltic
concrete. When asphaltic concrete or reinforced concrete paving is
used as part of the protection, it shall extend at least one foot
horizontally beyond the outside of the tank in all directions.
E.
Fill openings. The fill pipe opening of underground
tanks shall be located outside of any building and shall be not less
than five feet from any door or building opening. The fill pipe opening
shall be enclosed and liquid tight when not in use.
F.
Vents.
(1)
Each underground tank shall be vented through piping
adequate in size to prevent blow-back of vapor or liquids at the fill
opening while tank is being filled. Vent pipes shall not be less than
1 1/2 inches nominal inside diameter.
(2)
Vent pipes from underground tanks shall be so located
that the discharge point is outside of buildings, higher than the
fill pipe opening, and not less than 12 feet above the adjacent ground
level. Vent pipes shall discharge only upward or horizontally (not
downward) in order to disperse vapors. Vent pipes two inches or less
in nominal inside diameter shall not be obstructed by devices that
will reduce their capacity and thus cause excessive back pressure.
Vent pipe outlets shall be so located that flammable vapors will not
enter building openings or be trapped under eaves or other obstructions.
G.
Abandonment or removal of underground tanks.
(1)
Underground tanks taken out of service may be safeguarded
or disposed of by any one of the three following means:
(2)
In cases where tanks are either rendered temporarily
out of service or permanently abandoned, records shall be kept of
tank size and location, date of abandonment, and method used for placing
the abandoned tank in a safe condition.
(3)
Procedures for carrying out each of the above methods
of disposing of underground tanks are described in the following subsections.
No cutting torch or other flame or spark-producing equipment shall
be used until the tank has been completely purged or otherwise rendered
safe. In each case, the numbered steps given shall be carried out
successively.
(b)
Abandoning underground tanks in place.
(c)
Removal of underground tanks.
[1]
Remove all flammable liquids from tank and from
connecting lines.
[2]
Disconnect the suction, inlet gauge and vent
lines; remove sections of connecting lines which are not to be used
further and cap or plug inlets, outlets and leaks, if any. After removal,
the tanks may be gas freed on the premises if it can be done safely
at that location or may be transported to an area not accessible to
the public and the gas freeing completed at that location.
(d)
Disposal of tanks.
[1]
If a tank is to be disposed of as junk, it should
be retested for flammable vapors and, if necessary, rendered gas free.
After junking and before releasing to the junk dealer, a sufficient
number of holes or openings should be made in it to render it unfillable
for further use. (Standard Procedures for Cleaning or Safeguarding
Small Tanks and Containers, NFPA No. 327, provides information of
safe procedures for such operations.)
H.
Retroactivity. This article shall not apply to any
automotive service stations or equipment, building or installation
herewith, for the storage, handling or use of flammable liquids constructed
or established prior to June 15, 1961, except when, in the opinion
of the Director of Code Enforcement, such automotive service station
or installation constitutes a definite and distinct hazard to the
safety and general welfare of the public or adjoining property.
Flat roofs or roofs that are pitched less than
10° to the horizontal shall be designed to resist a snow load
of 45 pounds per square foot. Steeper roofs shall be designed in accordance
with requirements of the Uniform Fire Prevention and Building Code
under the item "Snow Loads."
To give adequate protection against frost, the
bottom of all footings of a building and structures, including garages,
shall be down a minimum of three feet six inches below finished grade.
A.
All tapping of water mains in the City shall be done
by the Bureau of Water. It shall be the responsibility of this Bureau
to supply and maintain service from the main to the shutoff at the
curb. Excavation, backfill and road replacement from the main to the
curb box shall be done by the Water Bureau. The costs of this work
shall be paid for by the owner or the plumbing contractor signing
for the same. Curb box and curb shutoff shall be supplied and paid
for by the owner or plumbing contractor.
B.
Water service mains shall be installed a minimum of
five feet below grade.
Garbage grinders or disposal units are permitted
in the City.
Where it is necessary to connect a sewer main
in the street, the Department of Public Works shall be contacted.
All work in reference to building service connection to the sewer
main, including excavation, backfilling, making the connection and
laying pipe to the curbline shall be done by the Sewer Bureau. The
cost of this work, including the repaving of the street in this area,
shall be chargeable to the owner or the plumber requesting this work.
The City will use vitrified tile pipe for all house laterals. No house
sewer lateral shall be less than six inches in diameter. In general,
sewer lines shall have a minimum depth of five feet but, in certain
circumstances, as little as three feet of cover will be allowed as
long as the pipe has a pitch of at least 1%. Sewer lines from the
building to the curblines shall be vitrified tile with asphaltic or
plastic joints or asbestos cement pipe with tight couplings. Extra
heavy cast iron is also acceptable with lead joints.
[Amended 9-5-1974]
A.
Before any electrical work can be started in connection
with building work or remodeling or any new wiring work, application
must be made to any inspection agency approved by the City Council.
The application form shall state the owner's name, the electrical
contractor (if any) and a description of the work. When a copy of
this form, duly stamped by any inspection agency approved by the City
Council, is presented at the office of the Director of Code Enforcement,
then an electrical permit will be issued. There is no charge for this
permit. No electrical work shall be done in connection with any project
until this electrical permit has been issued.
B.
At the termination of the electrical work, an inspection
shall be made by a representative of any inspection agency approved
by the City Council. When the electrical work has been accepted, and
a certificate has been received by the owner, then, and not until
then, will a certificate of occupancy be issued by the Director of
Code Enforcement.
C.
Electrical work shall only be done by electricians
who are licensed by permit to do electrical work in the City.
No provision of this article, except § 141-49, relating to electrical installations, shall be construed to prohibit or limit the right of any owner-occupant from repairing, installing, renovating or reconstructing any portion of his/her residence subject, however, to the condition that all such work shall be completed in conformity with the Uniform Fire Prevention and Building Code and further upon the condition that such owner-occupant shall first obtain a building permit for such reconstructing, renovating, installing or repairing where the same is herein required.
A.
It shall be unlawful for any person, firm or corporation
to build, repair, alter, move, demolish, use, or occupy any building
or structure or portion thereof in violation of any provisions of
this article or to fail in any manner to comply with a notice or directive
of the Director of Code Enforcement.
B.
Any person who shall fail to comply with the written
order of the Director of Code Enforcement within the fixed time for
compliance therewith, and any owner, builder, contractor, architect,
tenant, subcontractor or any person assisting in the construction
or use of any building who shall knowingly violate any of the applicable
provisions of this article or any directives of the Director of Code
Enforcement shall be punished by a fine of not more than $1,000 or
one year in jail, or both.[1]
C.
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 disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
D.
This section shall not apply to the violation of the
provisions of the Uniform Fire Prevention and Building Code punishable
under § 382 of the Executive Law of the state nor to violations
of the provisions of the Multiple Residence Law of the State of New
York.
[Amended 12-7-1989; 3-14-1996; 2-6-1997]
For the purposes of § 141-49, the following agencies are approved to inspect electrical work in the City of Troy:
