This chapter shall be known as the "Property Conservation Code
of the City of Fulton, New York."
The City of Fulton has numerous residential, commercial and
industrial buildings which are substantially sound and habitable providing
decent housing and commercial resources for residents and businesses
in the City. The City also has vacant areas and lots. Their condition
and maintenance are vital to the protection and enhancement of the
well-being of residents and businesses in adjacent residential neighborhoods
and commercial and industrial areas. In order to conserve these valuable
property resources, to protect the investment of property ownership,
to enhance the residential neighborhoods and to protect the safety,
health and welfare of the persons who live, work and recreate in the
City, the provisions of this chapter are established to provide basic
and uniform standards, in terms of performance objectives implemented
by specific requirements governing the condition, occupancy and maintenance
of all premises and the responsibilities of every person concerned
therewith.
This chapter shall apply to all occupied and vacant residential,
nonresidential and mixed-use premises and lots within the City of
Fulton, including all buildings, accessory buildings and structures
erected thereto.
A.
Interpretations, procedural rules and forms. The Bureau Chief shall,
consistent with the express standards, purposes and intent of this
chapter, promulgate, adopt and issue such interpretations, procedural
rules and forms and amendments to such interpretations, procedural
rules and forms as are in the Bureau Chief's opinion necessary
for effective implementation of the provisions of this chapter. These
interpretations, rules and forms shall be available to the public
at the office of the Code Enforcement Bureau. However, nothing in
this subsection shall be deemed to vest the Bureau Chief with the
authority to amend the content of this chapter. Any amendment to this
chapter shall be effective only upon the duly approved legislative
act of the Common Council.
B.
Application and availability of remedies. The provisions of this
chapter shall supplement federal, state and local laws, ordinances,
codes or regulations. When a provision of the chapter is found to
be inconsistent with any provisions of a statute, local law, ordinance,
code or regulation, the provision or requirement which is the more
restrictive or which establishes the highest standard shall prevail.
A greater penalty shall not be considered as more restrictive or a
higher standard, notwithstanding the availability of other remedies
for enforcement of the provisions contained in:
Installations, alterations and repairs to buildings and structures
and materials, assemblies and equipment utilized in connection therewith
shall be reasonably safe to persons and property and in conformity
with the applicable law of the State of New York and the City of Fulton
and orders, rules and regulations issued by authority thereof. Conformity
of such work, materials, assemblies or equipment with the applicable
requirements of the New York State Uniform Fire Prevention and Building
Code or the Code of the City of Fulton or generally accepted standards
incorporated by reference in either code shall be prima facie evidence
that the same is reasonably safe to person or property.
All alterations, repairs and installations which are caused
to be performed either directly or indirectly by the enforcement of
this chapter shall be done in a workmanlike manner.
A.
The Bureau Chief is authorized to vary or modify provision(s) of
this chapter upon application of the owner or the owner's representative,
provided that the intent of such provision(s) shall be maintained
and the health and safety of the public assured.
B.
All such applications for variances or modifications and the decisions
of the Bureau Chief shall be in writing.
C.
The Bureau Chief may approve alternative materials or methods of
construction when the proposed design is proven to be satisfactory
and to comply with the intent of this chapter and the material or
method proposed is, for the purpose intended, equivalent in quality,
strength, effectiveness, fire resistance, durability and safety.
D.
The Bureau Chief shall require that sufficient technical data be
submitted to substantiate the proposed use of any material or assembly,
and if it is determined that the evidence submitted is satisfactory
proof of performance for the use intended, the Bureau Chief shall
approve the use of such material or assembly subject to the requirements
of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure or use which:
Is incidental to and serves a principal building or a principal
use.
Is usually subordinate in area, extent and purpose to the principal
structure or principal use served.
Contributes to the comfort, convenience or necessity of the
occupants, business or industry in the principal structure or principal
use served, except as otherwise expressly authorized by the provisions
of this chapter.
Is located in the same lot as the principal structure or principal
use served.
A room or suite of two or more rooms, one of which is a bathroom,
used solely as a residence in a building not used as a hotel, rooming
house or boardinghouse or for other transient occupancy.
Approved by the Bureau Chief of Code Enforcement or approved
by an authority designated by law or this chapter.
Approved by generally accepted standards or the Bureau Chief
of Code Enforcement under the provisions of this chapter or the Code
of the City of Fulton, or approved by any other authority so authorized
by law.
A space within a building for public use, such as banquet,
dining, reception, ball, meeting, lecture and recreation rooms, regardless
of the number of persons.
That space of a building that is partly below grade, which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established finished grade of the ground adjoining the
building.
Enclosed space containing a minimum of one water closet,
one lavatory and either one bathtub or shower. (See separate definition
of "toilet room.")
A one-family residential dwelling providing sleeping rooms
and some meals for more than four transient lodgers for pecuniary
gain.
A dwelling where meals and lodging are provided for compensation
by prearrangement for definite periods of time.
A structure wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
Chief of the Bureau of Code Enforcement.
That space of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average established finished grade of the ground
adjoining the building.
Free from dirt and contamination, unsoiled and unstained.
An open, uncovered, unoccupied space surrounded on all sides
by the exterior walls of a building or structure or by such walls
and an interior lot line of the same premises.
An open, uncovered, unoccupied space which has at least one
side opening on a legal open space.
Exit corridors which exceed:
Any building or part thereof, used and occupied for human
habitation, or intended to be so used, and includes any appurtenances
belonging thereto.
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
A building containing two dwelling units occupied exclusively
for residential purposes.
Any room or grouping of rooms located within a dwelling forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking, eating and sanitation by
one family.
A way of departure on foot from the interior of a building
or structure to the exterior at street or grade level accessible to
a street, consisting of:
Control and elimination of insects, rodents and vermin by
eliminating their harborage places; by removing or making inaccessible
materials they may see as their food; by poisoning, spraying, fumigating,
trapping or by any other approved means of pest elimination.
A householder plus one or more persons related by blood, marriage
or adoption living together in a family-like arrangement as a single,
not-for-profit housekeeping unit sharing one common kitchen facility;
A group of persons headed by a person or persons responsible
for providing care for a reasonable number of individuals, sharing
one common kitchen facility, in a family-like living arrangement which
is the functional and factual equivalent of a family of related persons;
or
One or more persons occupying a premises and living together
as a single housekeeping unit, subject to a limit of not more than
five unrelated persons 18 years of age or older.
The floor area within surrounding walls of a building or
portions thereof.
A building or structure closed on at least three sides, used
for the storage of an automotive vehicle or vehicles.
The animal, vegetable and mineral waste resulting from handling,
preparation, cooking and consumption of food.
A specification, code, rule, guide or procedure in the field
of construction or related thereto, recognized and accepted as authoritative.
Natural surface of the ground, or the surface of the ground
after completion of any change in contour, abutting a building or
premises.
Any etching, painting, covering up, drawing upon or other
mark upon public or private property so as to deface said property.
Any room or enclosed space used or intended to be used for
sleeping, living, cooking or dining purposes, excluding enclosed spaces
such as utility rooms, closets, pantries, baths or toilet rooms, hallways,
cellars, storage spaces, garages and similar spaces.
A protected opening through or around a fire wall connecting
two adjacent floor areas, each of which furnishes an area of refuge,
and from each of which required exits lead to legal open spaces.
A building used for the housing of the transient public in
single rooms or suites of rooms; also provided with dining rooms,
kitchens, serving rooms, ballrooms and other facilities for the accommodation
of the public.
The presence of insects, rodents, vermin, birds or other
pests.
A space used for cooking or preparation of food containing
60 or more square feet of gross floor area.
A space used for cooking or preparation of food containing
less than 60 square feet of gross floor area.
A building used primarily as a temporary residence, with
or without meals, for transient occupants, for compensation.
A room or space within a lodging house forming a single habitable
unit or intended to be used for lodging.
An area contained within lot lines shown on a properly recorded subdivision map or similar document approved pursuant to Chapter 640, Zoning, or described in a deed recorded prior to May 27, 1965, or approved as a lot by any applicable regulation. Areas shown on maps or described in deeds which are contiguous shall be deemed separate lots unless otherwise specified as one lot in said instrument.
Occupancy of a building in part for residential use and in
part for some other use not accessory thereto.
A building usually not over two stories in height, intended
primarily for motorists, in which the exit from each dwelling unit
or sleeping room is directly to the exterior.
A dwelling which is designed or intended to be occupied or
is occupied as a temporary or permanent residence or home of three
or more families living independently of each other, including but
not limited to the following: a tenement, flat house, maisonette apartment,
apartment house, apartment hotel, tourist house, bachelor apartment,
studio apartment, duplex apartment, kitchenette apartment, hotel,
lodging house, rooming house, boardinghouse, boarding and nursery
school, furnished room house, club/sorority house, fraternity house,
college and school dormitory, convalescent, old-age or nursing home
or residence. It shall also include a dwelling two or more stories
in height and with five or more boarders, roomers or lodgers residing
with any one family.
Any person(s) who is in actual or constructive possession
of the premises or any portion thereof. A tenant shall be deemed to
be an occupant. An owner may be an occupant, and an occupant may be
an owner.
Space within a building wherein persons normally work or
remain for a period of time.
Any person who is any one or more of the following: the holder
of the last deed of record in the Oswego County Clerk's office,
fee simple record title owner; the holder of a life estate by virtue
of a deed of other instrument recorded or filed in the Oswego County
Clerk's office; the holder of title pursuant to the records in the
office of the City Assessor and/or the Clerk/Chamberlain of the City
of Fulton; or the holder of equitable title by virtue of a recorded
or unrecorded land contract. If there is more than one person who
qualifies as an owner, the City may serve notices, pursue remedies
and otherwise implement this chapter against any one or more of said
owner(s), and notice to one owner shall be deemed notice to all owner(s).
An owner may be an occupant, and an occupant may be an owner.
[Amended 12-1-2009 by L.L. No. 6-2009]
An owner, occupant, mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, agent or any other
person, firm or corporation directly or indirectly in control of a
building, structure, premises or part thereof, and is deemed to include
all other officers and directors, if such person be a corporation.
The water supply system, the drainage system, the vent system,
fixtures and traps, including their various connections, devices and
appurtenances within the property lines of the premises.
Water which is approved for drinking, culinary and domestic
purposes.
A lot, plot or parcel of land, including the building or
structures thereon.
Space within a building for public use, such as lobbies,
lounges, reception, ball, meeting, lecture and recreation rooms, banquet
and dining rooms and their kitchens and swimming pools.
All cardboard, plastic, metal or glass food containers, wastepaper,
rags, sweepings, small pieces of wood, excelsior, rubber, leather,
ashes and similar waste material that ordinarily accumulates around
a home, business or industry.
A building, other than a one- or two-family dwelling, with
sleeping rooms used or occupied by permanent or transient paying guests
or tenants without meals.
A habitable room or space within a rooming house intended
for living and sleeping, but not for cooking or eating purposes.
All combustible and noncombustible waste, except garbage.
Free from dirt and agents of infection or disease.
To render inaccessible to unauthorized entry by closing, bolting, repairing, boarding or otherwise fastening all doors, windows and other openings through which unauthorized entry may be gained. [See § 475-50E(1) and (2) for board-up standards.]
A person who is 65 years of age or older.
Liquid waste containing human, animal or vegetable matter
in suspension or solution and which may include industrial wastes
and liquids containing chemicals.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A living unit containing at least one habitable room with
provisions for living, cooking, eating, sleeping and sanitation facilities
arranged for the use of one family having a minimum of 235 square
feet.
When the cost of such renovation or remodeling made within
any six-month period exceeds 50% of the cost of replacement of the
building at the beginning of that six-month period; or whenever more
than 50% of any building system, measured in units appropriate to
that system, is replaced within any twelve-month period.
An enclosed space containing a minimum of one water closet
and one lavatory. It may also contain additional plumbing fixtures
serving similar purposes. (See definition of "bathroom.")
Any building or structure or a substantial part thereof which
remains unoccupied for a period of more than one year with either
doors, windows or other openings broken, removed, boarded or sealed
up.
A building which is not occupied, used or lived in.
A lot, other than park lands, which is not improved by a
structure and is not regularly maintained.
Supply and removal of air to and from a space by a natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, that this term shall not include cultivated
flowers and gardens.
Performed in a skilled manner in accordance with generally
accepted standards, generally plumb, level, square, in line, undamaged,
and without marring adjacent work.
An open space on the same lot which contains a building and
located between the building line and the lot line which the particular
building line faces.
