[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:
ACCESSORY STRUCTURE
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
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.
BUILDING
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.
BUILDING PERMIT
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.
CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to Section 2-6-77.
CITY
The City of Utica.
CODE ENFORCEMENT AGENCY
The agency empowered to enforce this chapter.
CODE ENFORCEMENT PERSONNEL
The Commissioner and all inspectors.
COMMISSIONER
The Commissioner of Codes Enforcement.
DEPARTMENT
The Department of Codes Enforcement.
DWELLING
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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INFESTATION
The presence within or contiguous to a dwelling or dwelling unit or premises of insects, rodents, vermin or other pests.
INSPECTOR
An inspector appointed pursuant to Section 2-6-7.
OCCUPANT
Any person over one year of age, living or sleeping in a building, or having possession of a space within a building.
OPERATING PERMIT
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.
OPERATOR
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
PREMISES
A lot, plot or parcel of land including the buildings or structures on the land.
STOP-WORK ORDER
An order issued pursuant to Section 2-6-26.
STRUCTURE
A combination of any materials built or constructed. "Structure" shall be construed as though followed by the words "or part or parts thereof."
TEMPORARY CERTIFICATE
A certificate issued pursuant to Section 2-6-78.
UNIFORM CODE
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]