This Article shall provide the method for administration and
enforcement of the statutes, local laws, ordinances, rules and regulations
within the jurisdiction of the Bureau of Code Enforcement and further
establish powers, duties and responsibilities in connection therewith.
The words and phrases used in this Article shall have the meanings
given in Part 606 of the New York State Uniform Fire Prevention and
Building Code or as stated below:
ASSEMBLY SPACE
A room or space classified as a Group C-5 occupancy regardless
of the number of persons.
BUILDING PERMIT
A permit to build a building, structure or an addition or
to erect a fence, deck or swimming pool.
CERTIFICATE OF INSPECTION
A certificate issued at the request of banks, lending institutions
or other lenders, where the issuance of a certificate of occupancy
is not applicable.
CERTIFICATE OF OCCUPANCY
A certificate authorizing the use and occupation of a structure
of new construction or conversion or renovation.
Any aggrieved person may, on a form prescribed by the Secretary
of State and accompanied with all the necessary documents and fees
as specified by the state, appeal to the Regional Board of Review
for a variance from the New York State Uniform Fire Prevention and
Building Code.
The permit may, upon written application, be renewed for a period
not to exceed one year, provided that:
i. The permit has not been revoked or suspended at the time the renewal
is made.
ii. The relevant information in the application is updated.
iii.
The renewal fee of 50% of the original permit fee is paid.
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Nothing in this section shall be deemed to mean that the Bureau
must renew the building permit. The renewal permit shall be issued
only by the Bureau Chief. The duty of the Bureau Chief is nondelegable.
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Construction work for which a building permit has been issued
shall be inspected for approval prior to enclosing or covering any
portion thereof and upon completion of each phase of construction,
including but not limited to foundation, framing, superstructural,
electrical, plumbing, insulation, heating, air-conditioning, solid
woodburning device and chimney and flue vents, all as determined by
the Bureau. It shall be the responsibility of the owner, applicant
or his/her agent to inform the appropriate inspector, either in writing
or by calling, that the work is ready for inspection and to schedule
such inspection.
[Amended 1-19-1999 by L.L. No. 2-1999]
Whenever the Bureau Chief has reasonable grounds to believe that work on any building or structure is proceeding without a building permit or is otherwise in violation of provisions of any applicable laws, codes, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work or the occupant of the property to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded. Such stop-work order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served by posting upon a conspicuous portion of the building under construction and by sending a copy of the same to the owner, owner's agent, contractor or occupant, by certified mail, return receipt requested. A stop-work order can only be rescinded by the Bureau Chief. This duty of the Bureau Chief is nondelegable. In addition to the penalties prescribed by §
C152(N), any person(s) found to violate this section shall be assessed an additional charge of two times the permit fee from the specific job in order to have the permit issued/reinstated.
If said violation is found to exist on a building or structure for which no fee is prescribed in Appendix §
A181-2 (i.e., one- and two-family residential dwellings (A1 and A2 as defined by the New York State Uniform Fire Prevention and Building Code, 9 NYCRR), then the "permit fee," for purposes of the penalty imposed by this section, shall be:
1. For construction or other permit-related work costing five hundred
dollars ($500.00) or more: for initial application/plan review: twenty
dollars ($20.00), plus five dollars ($5.00) per one thousand dollars
($1,000.00) of cost of construction.
2. For construction or other permit-related work costing less than five
hundred dollars ($500.00): a flat fee of fifteen dollars ($15.00).
All places of public assembly shall be posted for occupancy
based on the floor area and number of exits. This shall be posted
in a conspicuous place at all times. It shall be the responsibility
of the owner, manager or person in charge to ensure that the occupancy
does not exceed the posted number.
[Amended 11-1-1994 by L.L. No. 14-1994; 10-3-1995 by L.L. No.
11-1995; 3-4-1997 by L.L. No. 3-1997; 12-1-1998 by L.L. No.
14-1998; 9-6-2005 by L.L. No. 2-2005; 8-6-2013 by L.L. No. 3-2013; 4-15-2014 by L.L. No. 3-2014; 12-2-2014 by L.L. No. 8-2014; 8-16-2016 by L.L. No. 4-2016; 4-4-2018 by L.L. No. 8-2018; 7-6-2021 by L.L. No. 4-2021; 10-3-2023 by L.L. No. 7-2023]
A. The Property Conservation Code of the City of Fulton shall be enforced
by the Bureau of Code Enforcement under the jurisdiction of the Bureau
Chief.
B. Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
BUREAU
The Bureau of Code Enforcement of the City of Fulton and
each officer or employee of such department.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family. [See 9
NYCRR Subchapter A, Part 606.3(52).]
HOUSING/BUILDING STANDARDS
All state, local codes, rules and regulations associated
with the Property Conservation Code of the City of Fulton.
LAND CONTRACT
Any occupied residential dwelling and/or dwelling unit for
the purpose of rent-to-own contract will be deemed a rental dwelling
in the City of Fulton.
OWNER
The fee simple record title owner or the deeded life tenant
of the structure.
RENTAL DWELLING
Any non-owner-occupied residential dwelling and/or any dwelling
unit within such building which is rented/leased for pecuniary gain.
RENTAL PERMIT/CERTIFICATE
A certificate issued by the Bureau that certifies that the
rental dwelling is in substantial compliance with the applicable statutes,
codes and ordinances of the State of New York, the County of Oswego
and the City of Fulton, including but not limited to the Property
Conservation Code and the Zoning Ordinance of the city.
TRANSIENT DWELLING or BOARDINGHOUSE
A building with one or more sleeping rooms, other than a
one- or two-family dwelling, used or occupied by permanent or transient
paying guests or tenants.
C.
Rental Permits.
1. Owners and Lessors, or their respective agents, of premises shall
file with the Department, on the registration forms available, the
following information:
(a)
The names and addresses of the Owner and Lessor and of their
respective agents upon whom the violation order may be served.
(1)
Owners and Lessors who reside 25 miles or more from City Hall
must designate a local agent who shall be authorized to act as the
Owner's or Lessor's agent for any matters related to the Owner's or
Lessor's rental permit(s), including but not limited to authorization
to receive and respond to notices from the City of Fulton and to receive
service of process in any action or proceeding brought by the City
of Fulton against the Owner or Lessor.
(2)
Any such agent who is designated by an Owner or Lessor of premises
must reside within 25 miles from City Hall and must provide the City
of Fulton with a local address and telephone number. A post office
box is not acceptable as a mailing address. Such agent must also provide
a valid New York State driver's license or New York State non-driver
identification card to include but is not limited to the agent's name,
address, physical description and date of birth, with photograph.
(b)
A description of the property, by street and number or otherwise,
as will enable the Housing Inspector to locate the same.
(c)
Such other appropriate information as may be requested, including
but not limited to number of units, number and type of rooms, together
with a typical floor layout of the units and rooms with appropriate
designations and identifications.
2. Effective November 7, 1994, it shall be unlawful to own any rental
dwelling unit for which the application for a rental permit has not
been filed with the Bureau. This paragraph shall not apply to owner-occupied
single-family residential dwellings or to owner-occupied dwelling
units within a two-family residential dwelling or a multiple dwelling.
However, this section shall apply to the building structure itself,
common space and other rental units within such buildings. Furthermore,
after January 1, 1995, it shall be required that a valid and effective
rental permit be issued prior to ownership and the occupation of a
rental unit(s).
3. A rental permit fee of $150 per dwelling unit and a fee of $75 per
sleeping room in a boardinghouse or non-transient dwelling shall be
charged for each unit or room for which a permit is required. Failure
to pay the fee shall result in the denial of the permit. The total
rental permit application fees due for an entire structure shall be
due and payable at one time, regardless of whether or not each dwelling
unit or sleeping room is capable of being rented. The collector of
the rental permit fee shall have no authority to accept a fee for
less than the number of actual dwelling units or sleeping rooms in
the structure, regardless of whether or not each dwelling unit or
sleeping room is capable of being occupied.
(a)
The $150 fee per unit and the $75 fee per sleeping room includes
the initial inspection and one follow up inspection to correct any
violation(s) found. Any and all subsequent inspection(s) necessary
to determine compliance with required action or repairs shall be subject
to a charge of $60 per unit and $30 per sleeping room for the third
inspection; $90 per unit and $45 per sleeping room for the fourth
inspection; $120 per unit and $60 per sleeping room for the fifth
inspection; $150 per unit and $75 per sleeping room for the sixth
inspection; $180 per unit and $90 per sleeping room for the seventh
inspection. In the case that a unit/sleeping room is occupied, the
subsequent inspection process shall end after the fourth inspection
if the unit/sleeping room remains noncompliant and an accusatory instrument
shall be issued by the Code Enforcement Officer.
4. Once the application for a rental permit has been filed and appropriate
fee(s) paid, the owner shall be responsible to schedule an inspection
of the premises with the Bureau of Code Enforcement to ensure compliance
with all applicable codes, ordinances, rules and regulations of the
city, including but not limited to the Property Conservation Code,
Zoning Ordinance and Code of NYS.
(a)
Failure to appear within 15 minutes of a scheduled inspection
("no show") shall result in a fee of $25 per unit.
(b)
Cancellation of a scheduled inspection less than 24 hours before
that scheduled inspection ("late cancellation") shall result in a
fee of $25 per unit.
(c)
Cancellation of a scheduled inspection for the unit more than
once or after a "no show" ("second cancellation") shall result in
a fee of $35 per unit.
(d)
Fees prescribed under this section for failure to appear at,
and cancellation of, a scheduled inspection may be waived at the discretion
of the Chief of the Department or his designee for good cause shown.
(e)
No rental certificate shall be issued until all rental permit
fees are paid in full. Unpaid fees shall be subject to the placement
and recording of a lien by the City of Fulton against the inspected
property.
5. If the Bureau inspector is denied access to the dwelling unit, the
rental permit certificate shall be denied and the property considered
in violation of this section.
6. Should violations of the housing standards be found during the inspection,
notice and orders will be sent to the owner containing a description
of each violation, the specific section of how violated and the time
within which each violation must be corrected.
7. The owner is entitled to and may request an administrative hearing
before the Bureau Chief if he has any questions or would like additional
time to correct the violation(s). This hearing must be requested within
the shortest time period given to correct any violation.
8. When the property is found to be in substantial compliance with the
Property Conservation Code, NYS Code and all applicable rules and
regulations of the city, a rental permit certificate shall be issued
by the Bureau.
9. Rental permit certificates shall be valid for a period of three years
from the date of application issue or until the actual sale or transfer
of the fee or equitable title to the real property, whichever occurs
first. The new property owner must contact the Code Department to
schedule a rental permit reinspection within 30 days of transfer.
The transfer shall be evidenced by the recording of an instrument
in the Oswego County Clerk's office. A mortgage shall be deemed not
to be a transfer of the fee or equitable title.
10. Once the rental permit certificate has been issued, if the rental
unit(s) is/are found to be in violation of any applicable rules and
regulations of the city at any time during the following three years,
the rental permit certificate for that unit shall be revoked and a
new rental permit must be obtained. The fee to renew shall be $500
for a revoked permit.
11. If the notice and orders have not been complied with within six months
from the date the notice and order were issued or if the time to correct
has not been extended through the use of an administrative agreement
instrument, the application of rental permits shall become null and
void and the owner shall be required to obtain a new rental permit
and pay appropriate fees.
(a)
Permit applicants with outstanding violations or unpaid monies.
(1)
No such permit shall be granted to or renewed for an applicant
who is in violation of any City of Fulton code, ordinance or local
law (hereinafter "violations") or who owes property taxes, water or
sewer fees, special assessments, fines for violations of City ordinances
or any other fees or past due monies of any name or nature owed to
the City of Fulton (hereinafter "unpaid monies").
(a) The applicant shall have the burden of providing
proof in a form acceptable to the department that there are no such
violations or unpaid monies.
(b) In the event that the applicant has accrued violations
or unpaid monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c) In the event that the applicant has accrued violations
or unpaid monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d) Such permit, once granted, shall be revoked in
the event that the applicant accrues violations or unpaid monies,
or violations or unpaid monies are discovered, after the permit is
granted. The revocation shall take effect five business days after
receipt by the permit holder of notice from the City of Fulton of
the pending revocation. Upon such revocation, all permitted activities
and privileges shall immediately cease.
(e) No application fees shall be refunded upon revocation
of the permit.
(f) The applicant must reapply for the issuance of
such revoked permit by submitting a new application and paying all
necessary application fees, and any such permitted activities or privileges
may only be resumed once a new permit has been granted.
(g) All requirements set forth herein shall also apply
to nonperson entities and such permit or renewal thereof shall be
denied to an entity, or revoked, if a person with a substantial interest
in such entity owes such unpaid monies or has accrued such violations.
A "person with a substantial interest" shall mean an ownership interest
of more than 10% of, membership on the governing board of, holding
an office in or holding the ability to cast or control more than 10%
of the votes in such entity.
(b)
Administrative remedy for failure to obtain a rental permit:
(1)
In the event that an owner and lessor has not obtained a rental
permit from the Department, the Bureau Chief shall serve written demand
upon the owner to submit such application. If the owner is a nonresident
of the City of Fulton, such demand mailed to such owner addressed
to the owner's last known address shall be sufficient service thereof.
(a) If the person upon whom the demand is served fails
to obtain a rental permit within 20 days after service of such demand,
then the owner shall be charged an administrative fee to cover the
costs incurred in preparing and serving such demand, which said fee
shall be presented to the City Clerk/Chamberlain; said costs shall
thereupon become a lien upon the property for which a rental permit
application was demanded, and shall be added to become a part of the
taxes next to be assessed and levied upon such property, shall bear
interest at the same rate as taxes, and shall be collected and enforced
by the same City official and in the same manner as taxes. In no event
shall the special assessment levied under this section be less than
$200.
(b) Each thirty-day period for which an owner and lessor
fails to file an application for a rental permit shall be deemed to
be a separate violation, for which the Bureau Chief may make an additional
written demand, and an additional administrative fee can be charged
and assessed against the property as set forth herein for each such
violation.
(c)
Administrative remedy for failure to designate a local agent:
(1)
In the event that an owner and lessor who resides 25 miles or
more from City Hall has not designated a local agent as required by
this section, the Bureau Chief shall serve written demand upon the
owner to submit such designation. Such demand mailed to such owner
addressed to the owner's last known address shall be sufficient service
thereof.
(a) If the person upon whom the demand is served fails
to designate a local agent within 20 days after service of such demand,
then the owner shall be charged an administrative fee to cover the
costs incurred in preparing and serving such demand, which said fee
shall be presented to the City Clerk/Chamberlain; said costs shall
thereupon become a lien upon the property for which a designation
of local agent was demanded, and shall be added to become a part of
the taxes next to be assessed and levied upon such property, shall
bear interest at the same rate as taxes, and shall be collected and
enforced by the same City official and in the same manner as taxes.
In no event shall the special assessment levied under this section
be less than $200.
(b) Each thirty-day period for which an owner and lessor
fails to designate a local agent shall be deemed to be a separate
violation, for which the Bureau Chief may make an additional written
demand, and an additional administrative fee can be charged and assessed
against the property as set forth herein for each such violation.
Special permits. Firesafety permits for the storage, handling,
transport or disposal of any material that is combustible, flammable,
explosive, hazardous, infectious or radioactive, together with all
welding and cutting operations, shall be issued by the Bureau Chief
and the Fire Marshal at fee(s) set by resolution of the Common Council.
In the event that a violation of the Code is found in an existing
building or structure, a notice and order containing a description
of each violation, the specific section of how violated and the time
within which each violation must be corrected shall be sent to the
assessed property owner. The owner shall have the right to request
an administrative hearing before the Bureau Chief to address any question
he or she may have concerning the violation notice or to request additional
time to correct the violation(s). Such hearing must be requested within
the shortest time period that the owner has been given to correct
any violation.
A reinspection of the property will be conducted upon the expiration
of the time given to comply. If the violation(s) have not been corrected,
the matter shall be referred to the City Attorney's office for litigation
and/or an appearance ticket will be issued by the Bureau Chief.
[Amended 9-18-2018 by L.L. No. 11-2018]
A. Any person, association, partnership, firm or corporation violating
any of the provisions of this Title shall be deemed guilty of a violation
and, upon conviction thereof, shall be fined in an amount not less
than $50 and not to exceed $250 per day or shall be imprisoned in
the Oswego County Jail for a period not exceeding 15 days, or shall
be both so fined and imprisoned. Each day such violation is committed
or permitted to continue shall constitute a continuing offense and
shall be punishable as a continuing offense hereunder. A separate
accusatory instrument and/or complaint shall not be necessary for
each day that the violation exists.
B. In case of a violation of this Title, the city and its officers may,
in addition to any other remedies conferred by law or ordinance, institute
any appropriate action or proceedings to prevent the unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
No officer, agent or employee of the City of Fulton shall render
himself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under the local law.