[Adopted 10-14-1997, effective 10-30-1997]
[Amended 7-20-2004, effective 8-2-2004]
Notwithstanding any other applicable law, rule or regulation, within one year of the effective date of this article every owner of a building greater than 2 1/2 stories or 40 feet in height which has a masonry or masonry veneer exterior shall cause to be conducted an examination of the exterior of the building and shall submit an examination report to the Commissioner of the Department of Permit and Inspection Services in accordance with the provisions of this article at the direction of the Commissioner of Permit and Inspection Services.
As used in this article, the following terms shall have the meanings indicated:
MASONRY
A construction of units of such materials as clay, shale, concrete, glass, gypsum or stone, set in mortar, including plain concrete, but excluding reinforced concrete.
Every owner of a building subject to the provisions of this article shall cause to be conducted an examination of the exterior of the building in accordance with the following provisions:
A. 
The examination shall be conducted by a New York State licensed architect or New York State licensed professional engineer or an individual under their direct supervision.
B. 
The examination shall consist of an extensive inspection of the exterior masonry walls and masonry appurtenances of the building.
C. 
The Commissioner of Community Development may issue rules and regulations governing the examination.
Every owner of a building subject to the provisions of this article shall submit an examination report to the Commissioner of Community Development following the examination as required under § 103-68 of this article. The examination report shall comply with the following provisions:
A. 
The examination report shall identify the owner's name, address and telephone number and any agent's name address and telephone number. The address given shall not be a post office box. The Department of Community Development and the Department of Assessment shall be promptly notified of any change in the owner or agent's name, address and telephone number.
B. 
The examination report shall contain an affidavit of the New York State licensed architect or New York State licensed professional engineer who conducted the examination pursuant to § 103-68 of this article, certifying the condition of the exterior masonry walls and masonry appurtenances of the building. The affidavit shall include but not be limited to a statement describing any areas of deterioration, movement or unsafe conditions and shall describe the watertightness of the exterior surfaces. The affidavit shall bear the professional seal of the New York State licensed architect or New York State licensed professional engineer who conducted the examination pursuant to § 103-68 of this article.
C. 
The Commissioner of Community Development may issue rules and regulations governing the examination report.
A. 
Notwithstanding any other applicable law, rule or regulation, in the event that the examination report reveals significant deterioration, movement or an unsafe condition as determined by the discretion of the New York State licensed architect or New York State licensed professional engineer who conducted the examination pursuant to § 103-68 of this article, the owner shall immediately cause the same to be repaired in conformity with all applicable laws, rules and regulations.
B. 
Notwithstanding any other applicable law, rule or regulation, in the event that the examination report reveals significant deterioration, movement or an unsafe condition as determined by the Commissioner of Community Development the owner shall, upon notice from the Commissioner of Community Development or his designee, immediately cause the same to be repaired in conformity with all applicable laws, rules and regulations. If the owner shall neglect or refuse to make such repairs within five days after such notice, the Department of Community Development may cause the same to be made and the expense shall be assessed upon the premises upon which the building stands in accordance with Chapter 113 of the Code of the City of Buffalo or take any other action authorized by law.
Every owner of a building erected after the effective date of this article which is subject to the provisions of this article shall comply with the requirements of this article within five years after the date that the building is erected and each subsequent five years thereafter.
Every person, firm of corporation who shall violate the provisions of this article shall be subject to the a fine or penalty as provided in § 1-15 of the Code of the City of Buffalo.
The effective date of this article is November 1, 1997.