[Ord. No. 74,[1] 5-7-2008]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A structure, the use of which is incidental to that of the
main building, and which is attached to the main building or located
on the same premises.
Approved by the head of the code enforcement agency under
the provisions of this chapter or the rules and regulations adopted
pursuant to this chapter, or approved by an authority designated by
law or by this chapter.
A combination of any materials, whether portable or fixed,
having a roof to form a structure affording shelter for persons, animals
or property. "Building" shall be construed as though followed by the
words "or part or parts thereof" unless the context clearly requires
a different meaning.
A permit issued pursuant to Section 2-6-46. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to Section 2-6-77.
The City of Utica.
The agency empowered to enforce this chapter.
The Commissioner and all inspectors.
The Commissioner of Codes Enforcement.
The Department of Codes Enforcement.
A building containing not more than two dwelling units occupied
exclusively for residential uses. Residential uses shall include a
private garage and customary home occupations conducted in the dwelling
by the occupants such as the practice of a profession.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
The presence within or contiguous to a dwelling or dwelling
unit or premises of insects, rodents, vermin or other pests.
An inspector appointed pursuant to Section 2-6-7.
Any person over one year of age, living or sleeping in a
building, or having possession of a space within a building.
A permit issued pursuant to Section 2-6-324. This term shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
The owner of the freehold of the premises or lesser estate,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person in control of a building.
The person to whom a building permit has been issued.
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
A lot, plot or parcel of land including the buildings or
structures on the land.
An order issued pursuant to Section 2-6-26.
A combination of any materials built or constructed. "Structure"
shall be construed as though followed by the words "or part or parts
thereof."
A certificate issued pursuant to Section 2-6-78.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[1]
Editor’s Note: This ordinance also superseded former
Ch. 2-6, which pertained to similar subject matter, as derived from
the Code of 1964, as amended.
[Ord. No. 74, 5-7-2008]
It shall be unlawful for any person to construct, alter, repair,
move, equip, demolish, use or occupy any building or structure or
portion of a building or structure in violation of any provision of
law or ordinance, as well as any regulation or rule established by
the Commissioner in accordance with applicable laws, or to fail in
any manner to comply with a notice, directive or order of the Commissioner,
or to construct, alter, use or occupy any building or structure or
part of a building or structure in a manner not permitted by an approved
building permit or certificate of occupancy.
[Ord. No. 74, 5-7-2008]
The New York State Uniform Fire Prevention and Building Code
is adopted by reference.
[Ord. No. 74, 5-7-2008]
If any provision of this chapter shall be held unconstitutional,
invalid or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair or invalidate the remainder of this
chapter.
[Ord. No. 74, 5-7-2008]
(a)
Excavations and open pits.
(1)
All permanent or temporary excavations, open pits or similar
structures shall be completely fenced with a fence of at least six
feet in height above the surface of the ground.
(2)
The type of fencing and the exact height of fencing shall be
determined by the Commissioner of Codes Enforcement, and a proper
permit for construction shall be issued by the Commissioner following
the approval of plans.
(b)
Barbed wire fences in residential districts. No barbed wire fence
or strands or sharp points as part of a fence shall be erected in
residential districts or in O-A or districts, as set forth under the
Zoning Ordinances of the City.
(c)
Height of fences or walls serving as fences. Fences or walls serving
as fences dividing or surrounding properties or partly dividing or
surrounding properly shall not be erected within the City limits more
than four feet three inches in height above the surface of the ground
without first obtaining a permit from the Commissioner of Codes Enforcement.
The charge for the permit shall be see Section 2-29-447(a)(1) fee
for all fence permits. In addition, no fence or wall serving as a
fence shall be erected more than six feet three inches in height above
the ground without permission granted by ordinance of the Common Council.
For purposes of this section, the height of the fence shall not include
any finials or post caps. All fences or walls shall be properly erected,
supported or braced.
[Amended 9-16-2020 by Ord. No. 198]
