[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.
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.
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.
[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.