[Ord. No. 74, 5-7-2008]
(a)
The Commissioner shall be appointed by the Mayor. The Commissioner
shall possess background experience related to building construction
or fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training
and other training as the state shall require for code enforcement
personnel, and the Commissioner shall obtain certification from the
state fire administrator pursuant to the executive law and the regulations
promulgated thereunder. Except as otherwise specifically provided
by law, ordinance, rule or regulation or except as otherwise provided
in this chapter, the Commissioner shall administer and enforce all
of the provisions of this chapter.
(b)
The Commissioner shall establish rules and regulations to accomplish
the purpose of this chapter.
(c)
The Commissioner shall receive, review, and approve or disapprove
applications for building permits, certificates of occupancy, temporary
certificates and operating permits, and the plans, specifications
and construction documents and upon approval issue permits and certificates
for the purpose of ensuring compliance with this chapter. Whenever
there is an associated fee set by the Common Council in conjunction
with applications for permits or certificates, the Commissioner shall
collect said fees.
(d)
Whenever any work is being done contrary to this chapter or is being
done in an unsafe or dangerous manner, the Commissioner shall order
the work to be stopped by notice in writing served on any person engaged
in doing or causing the work to be done.
(e)
Whenever any building or portion of a building is being occupied
contrary to the provisions of this chapter, the Commissioner shall
order the occupancy discontinued by notice in writing served on any
person causing the occupancy.
(f)
The Commissioner shall review and investigate complaints received in the Department as reasonably feasible and issue orders pursuant to Section 2-6-47.
(g)
Any building or structure or portion of a building or structure,
if found to be dangerous to persons or property or unsafe for the
purpose for which it is being used or has become damaged by the elements
of fire or violates the provisions of this chapter, may be condemned
and ordered demolished by the Commissioner.
(h)
The Commissioner may issue in writing all appropriate notices or
orders to eliminate illegal or unsafe conditions, to require the necessary
safeguards during construction and to ensure compliance during the
entire course of construction with the requirements of this chapter.
A notice of violation or order is discretionary and is not a precondition
to nor a prerequisite prior to criminal prosecution of any provision
of this chapter, any rule or regulation adopted pursuant to this chapter,
or any other provision of the Utica City Code, other local, state
or federal law, rule, regulation, ordinance or directive.
[Amended 5-15-2013 by Ord. No. 125]
(i)
The Commissioner shall make all inspections which are necessary or
proper for carrying out the duties required under this chapter, except
that the Commissioner may accept written reports of inspection from
Building Inspectors or other employees of the Department or from generally
recognized and authoritative service and inspection bureaus or agencies,
provided the reports are certified by a responsible official.
(j)
Whenever appropriate to determine compliance with the provisions
of this chapter, the Commissioner may accept and rely upon written
reports of tests in the field by experienced, professional persons
or by testing laboratories or services and inspection bureaus or agencies.
(k)
The Commissioner shall issue a certificate of occupancy where appropriate
in accordance with the provisions of this chapter. The certificate
shall certify that the building conforms to the requirements of this
chapter.
(l)
In consultation with the Corporation Counsel’s Office, the
Commissioner shall pursue such legal actions and proceedings as may
be necessary in any court that has jurisdiction to enforce the Uniform
Code, the Energy Code and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this chapter.
This shall include the pursuit of administrative and/or criminal enforcement
actions and proceedings. A notice of violation or order is discretionary
and is not a precondition to nor a prerequisite prior to criminal
prosecution of any provision of this chapter, any rule or regulation
adopted pursuant to this chapter, or any other provision of the Utica
City Code, other local, state or federal law, rule, regulation, ordinance
or directive.
[Amended 5-15-2013 by Ord. No. 126]
(m)
The Commissioner has the authority to exercise all other powers and
fulfill all other duties conferred upon the Commissioner by this chapter.
(n)
The Common Council may, by resolution, authorize the Commissioner
to enter into an agreement, in the name of the City, with other governments
to carry out the terms of this chapter, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
[Ord. No. 74, 5-7-2008]
(a)
The Commissioner shall keep permanent official records of all transactions
and activities conducted by the Department including all applications
received, plans and specifications approved, permits and certificates
issued, fees charged and collected, inspection and special reports,
rules and regulations established and adopted and notices and orders
issued. All records shall be public records open to inspection during
normal business hours.
(b)
The Commissioner shall submit to the Common Council an annual written report and summary of all business conducted by the Department, including a report and summary of all transactions and activities described in Subsection (a) and a report and summary of all appeals or litigation pending or concluded.
(c)
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this City, on a form prescribed by the Secretary
of State, a report of the activities of this City relative to administration
and enforcement of the Uniform Code.
(d)
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from records and related materials this City is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this City in connection
with administration and enforcement of the Uniform Code.
[Ord. No. 74, 5-7-2008]
The Corporation Counsel shall, upon complaint of the Commissioner,
or upon his own motion, institute appropriate action to restrain,
prevent, enjoin, abate, correct or remove violations of this article
and to take such other legal action as is necessary to carry out the
terms and provisions of this article. The remedies provided for herein,
shall be cumulative and not exclusive and shall be in addition to
any other remedies provided by law; any and all remedies may be pursued
concurrently or consecutively and the pursuit of any remedy shall
not be construed as an election or the waiver of the right to pursue
any and all of the others.
[Ord. No. 74, 5-7-2008]
(a)
One or more inspectors may be appointed by the Commissioner to act
under the supervision and direction of the Commissioner and to assist
the Commissioner in the exercise of the powers and fulfillment of
the duties conferred upon the Commissioner by this chapter. Each inspector
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the state shall require for code enforcement personnel, and each
inspector shall obtain certification from the State Fire Administrator
pursuant to the executive law and the regulations promulgated thereunder.
(b)
In the event the Commissioner is unable to serve as such for any
reason, an individual shall be appointed by the Mayor to serve as
Acting Commissioner. The Acting Commissioner shall, during the term
of his or her appointment, exercise all powers and fulfill all duties
conferred upon the Commissioner by this chapter.
(c)
The Commissioner shall appoint one or more Building Inspectors whose
duties shall be to inspect at various intervals during the erection,
enlarging, alteration, repairing, moving, demolition and occupancy
of all buildings and structures; to see that all building laws and
ordinances of the City are complied with; to report to the Commissioner
any violation of the City's building laws and ordinances; and to perform
other duties as the Commissioner may prescribe.
(d)
The compensation for the Commissioner, Building Inspector(s) and
inspectors shall be fixed from time to time by the Common Council
of this City.
(e)
The Commissioner, Building Inspector and other employees of the Department
shall not engage in any activity inconsistent with their duties or
with the interests of the Department. During the term of employment,
the Commissioner, Building Inspector and other employees shall not
engage directly or indirectly in any building business for the purpose
of furnishing labor, materials, supplies or appliances; the supervision
of construction, demolition or maintenance work or the preparation
of plans or specifications for any building or structure within the
City. This subsection shall not prohibit any employee from engaging
in any activities in connection with the construction of a building
or structure owned by the employee for the employee's own personal
occupancy or for the occupancy of members of the employee's immediate
family and not constructed for sale.
(f)
Right of entry. The Commissioner may make or cause to be made inspections
to determine the conditions of premises in order to safeguard the
health, safety and welfare of the general public. The inspection shall
be made in such a manner and at such time as to cause the least possible
inconvenience to the person in possession thereof.
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The Commissioner or his designated representative upon presenting
himself for the purpose of making an inspection shall exhibit proper
identification and state the purpose of his business on the premises.
The Commissioner or his designated representative, with the permission
of either the owner, operator, agent or occupant thereof is then authorized
to enter, examine and survey the building or premises in the discharge
of his official duties. The inspection shall be made in such a manner
so as to cause the least possible inconvenience to the persons in
possession thereof. The owner, operator, agent or occupant may refuse
entry at the time the request is made by the Commissioner or his designated
representative, however, should permission to enter and make inspection
be not granted within 10 days thereafter, the Commissioner shall enforce
entry according to the laws pertaining thereto. Every occupant or
operator of a building or premises shall give the owner or his agent
or employee access to any part of the dwelling, dwelling unit or premises
at any reasonable hour for the purpose of making repairs or alterations
which are necessary to effect compliance with the provisions of this
article or any lawful order issued pursuant thereto.
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Inspectors and authorized personnel of the Department of Codes
Enforcement shall be supplied with official identification and shall
exhibit such identification when entering any premises and all parts
thereof.
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[Ord. No. 74, 5-7-2008]
(a)
Whenever the Commissioner has reasonable grounds to believe that
work on any building or structure is being performed in violation
of the provisions of this chapter or not in conformity with the provisions
of the permit application, plans or specifications or in an unsafe
and dangerous manner, the Commissioner shall notify the owner of the
property or the owner's agent to suspend all work. The owner shall
stop the work and suspend all building activities until the stop order
has been rescinded.
(b)
The notice and order shall be in writing, shall be dated and signed
by the Commissioner or other appropriate issuing officer, shall state
the reason or reasons for issuance, and shall state the conditions,
if any, under which the work may be resumed.
(c)
The Code Enforcement Officer shall cause the stop-work order, or
a copy thereof, to be served upon the owner of the affected property,
and, if the owner is not the permit holder, upon the permit holder,
either by delivering it personally or by sending a copy of the notice
and order to the person by certified or registered mail at the address
set forth in the application. A stop-work notice shall also be posted
upon a conspicuous portion of the building where the work is being
performed. The Code Enforcement Officer shall be permitted, but not
required, to cause the stop-work order, or a copy thereof, to be served
on any builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
certified or registered mail; provided, however, the failure to serve
any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
(d)
Upon issuance of a stop-work order, the owner of the affected property,
the permit holder and any other person performing, taking part in
or assisting in the work shall immediately cease all work which is
the subject of the stop-work order. The person receiving the notice
shall commence within 48 hours after receipt of the notice to make
the changes, repairs or alterations set forth in the notice and diligently
proceed with the work or shall demolish the building. After the Commissioner
serves a written notice, no building shall be occupied or used for
any purpose until there is compliance with the instructions of the
Commissioner.
[Ord. No. 74, 5-7-2008]
(a)
The issuance of a stop-work order shall not be the only exclusive remedy available to address any event described in Section 2-6-26(a), and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under local or state law. Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, business or conduct in or about any premises and these remedies shall be in addition to penalties otherwise prescribed by law.
(b)
Should the necessary changes not be made within 30 days after the
service of a notice, the Common Council may order the Commissioner
to proceed with the work specified in the notice. A statement of the
cost of the work shall be transmitted to the Common Council who shall
cause the cost to be paid and levied as a lien against the property.
[Ord. No. 74, 5-7-2008]
No officer, agent or employee of the City shall be personally
liable for any damage that may accrue to person or property as a result
of any official determination, order or action required or permitted
in the discharge of his duties under this article. Any suit brought
against any officer, agent or employee of the City as a result of
any official determination, order or action required or permitted
in the discharge of his duties under this article shall be defended
by the Corporation Counsel until final determination of the proceedings
therein.
