[Res. No. 136-06, 12-26-2006]
(a) No building hereafter erected subject to the New York State Uniform
Fire Prevention and Building Code shall be used or occupied in whole
or in part until a certificate of occupancy shall have been issued
by the Code Enforcement Officer.
(b) No building erected, enlarged, extended or altered, or upon which
work has been performed which required the issuance of a building
permit, shall continue to be occupied or used unless a certificate
of occupancy or certificate of compliance has been issued by the Code
Enforcement Officer.
(c) No change shall be made in the use or type of occupancy of an existing
building unless a certificate of occupancy authorizing such change
has been issued by the Code Enforcement Officer.
(d) A certificate of occupancy or a certificate of compliance shall be
preceded by an inspection of the building, structure or work. Where
applicable, the Code Enforcement Officer may require a written statement
of structural observations and/or a final report of special inspections,
prepared in accordance with the provisions of the Uniform Code, to
be received prior to the issuance of the certificate. Also, where
applicable, flood hazard certifications, prepared in accordance with
the provisions of the Uniform Code, shall be received prior to the
issuance of the certificate.
(e) A certificate of occupancy or certificate of compliance shall contain
the following information:
(1) The building permit number, if any;
(2) The date of issuance of the permit, if any;
(3) The name, address and Tax Map number of the property;
(4) If the certificate is not applicable to an entire structure, a description
of that portion of the structure for which the certificate is issued;
(5) The use and occupancy classification of the structure;
(6) The type of construction of the structure;
(7) The assembly occupant load of the structure, if any;
(8) If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9) Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the official issuing the certificate and the
date of issuance.
(f) A temporary certificate of occupancy may be issued if the building
or structure or a designated portion of a building or structure is
sufficiently complete that it may be put to the use for which it is
intended.
(1) A temporary certificate shall not be issued unless:
a. The structure or portions thereof may be occupied safely;
b. Any fire- and smoke-detecting or fire protection equipment which
has been installed is operational; and
c. All required means of egress from the structure have been provided.
(2) A temporary certificate shall list the items which remain incomplete.
The Code Enforcement Officer may place special conditions on temporary
certificates as necessary to ensure safety and to protect the interests
of the City of Olean.
(3) The effectiveness of a temporary certificate shall be limited to
a specified period of time as determined by the Code Enforcement Officer,
but in no event longer than three months, during which the permit
holder shall undertake to bring the structure into full compliance
with applicable provisions of the Uniform Code.
(4) A temporary certificate of occupancy may, at the discretion of the
Code Enforcement Officer and upon payment of an additional fee as
specified for a temporary certificate of occupancy, be renewed.
(g) A certificate of occupancy or certificate of compliance issued in
error or on the basis of incorrect information shall be suspended
or revoked if the relevant deficiencies are not corrected within the
period of time specified by the Code Enforcement Officer.
[Res. No. 38-09, 5-26-2009; Res. No. 92-10, 12-14-2010]
(a) The owner of a property constituting a rental property shall register
the same with the Code Enforcement Office within 90 days of the effective
date of this section. The registration form shall be known as a "landlord
registration" and shall be signed and affirmed by the property owner
of record and, if applicable, the managing agent.
(1) Any acquisition of property constituting a rental property shall
require the new owner to register the same with the Code Enforcement
Office within 15 days of the date of grant or transfer by filing a
landlord registration and shall be signed and affirmed by the property
owner of record and, if applicable, the managing agent.
(2) The Code Enforcement Office shall supply a form for use as the landlord
registration which shall be completed and filed by the property owner
and shall include property description: a description of the premises,
including:
a. Property description: address, number of units, number of floors,
total number of bedrooms, the term for which the units are rented
or leased, whether the units are currently occupied, the name listed
on the property deed, and any other identifying information requested
by Code Enforcement;
b. Owner information: the owner's name, physical address, mailing
address, and primary and secondary voice telephone numbers;
c. Designation of managing agent: if a managing agent is required pursuant
to this division, then the owner shall provide the name, business
address, business telephone number, and fax number of the managing
agent;
d. Insurance information: the name, address, and business telephone
number of the insurance provider, along with proof of current insurance
coverage for both liability and fire;
e. Certificate of occupancy: the certificate of occupancy number and
issue date.
(3) It shall be unlawful for any owner to offer any unit for rent, or
to rent any unit, or to allow any rental unit to be occupied without
having first registered pursuant to this section as required herein
within the time prescribed for such registration. Failure to receive
actual notice of the registration deadline shall not be a defense
for failure to register rental property.
a. Failure to maintain the landlord registration in compliance with
this section shall cause any certificate of occupancy issued relative
to the subject property to be deemed void.
(b) The landlord registration shall be signed and sworn to under penalty
of perjury by the property owner; if such owner is a corporation,
an officer thereof shall sign for the corporation; if such owner is
a partnership, a partner thereof shall sign for the partnership. If
a managing agent is designated, the owner's signature shall be
acknowledgement of the authority of the managing agent to receive
notices related to the property in the owners' place and stead,
and receipt of such by the managing agent shall be deemed actual notice
to the property owner.
(c) Any landlord registration statement or designation of a managing
agent shall be deemed prima facia proof of the statement contained
therein, in any criminal or civil prosecution instituted by the city
or by any proper prosecutorial agency against the owner or managing
agent of the subject rental property.
(d) Managing agent.
(1) Any property owner may designate a managing agent for any property
subject to the landlord registration, in which case the managing agent
must also sign and affirm the landlord registration form as filed
with the Code Enforcement Office.
(2) A property owner must designate a managing agent for any property
subject to the landlord registration, if:
a. The property owner is not a natural person; or
b. The property owner does not reside within 20 miles of the City of
Olean; or
c. The property owner does not reside in New York State.
(3) A managing agent must be:
c. Actually reside within 20 miles of the City of Olean, or have a regular
place of business within the City of Olean.
(e) The owner shall, at all times, keep this information updated and
shall amend the landlord registration to reflect any change in the
required information within 15 days of such change. Failure to comply
with the updating requirements shall be a violation by the owner and
such failure shall cause the certificate of occupancy to be deemed
void.
(f) Failure to provide full and complete information, or provision of
inaccurate or false information, in the landlord registration shall
be deemed noncompliance and shall be a violation of the landlord registration
requirements, unless the same shall be corrected and completed within
the filing period, such failure shall cause the certificate of occupancy
to be deemed void.
(g) Any designation of a managing agent shall cease to be effective upon the death or judicially declared incompetency of the managing agent and shall require an updated landlord registration to be filed as in §
6-80.
(h) Designation of a managing agent in no way relieves the property owner
of liability under the Code for any violations related to the property.
The property owner, at all times, remains solely responsible for compliance
with all Code requirements related to the property.
(i) If a managing agent is designated, the landlord registration shall
also be signed by the managing agent and such signature shall be acknowledgement
of accepting responsibility to receive notices related to the property
on behalf of the owner.
[Added 12-16-2017 by L.L. No.
1-2017]
No existing structure shall be occupied after a change of ownership,
or change of occupancy classification until a certificate of occupancy
has been issued by the City of Olean Department of Buildings and Code
Enforcement. The City of Olean Department of Buildings and Code Enforcement
shall issue a certificate of occupancy provided there are not violations
of law or orders of the City of Olean Code of Ordinances pending,
and it is established after inspection and investigation that the
building or structure complies with all of the applicable requirements
of the City of Olean Code of Ordinances and other applicable New York
State codes, laws, regulations and ordinances.
[Res. No. 38-09, 5-26-2009; Res. No. 92-10, 12-14-2010]
(a) Enforcement.
(1) Any violation of this division is an offense punishable by a fine
not to exceed the sum of $250. Each week that a violation continues
shall constitute a separate offense.
(2) The Code Enforcement Office is authorized to make inspections of
property, to respond to complaints, to issue notice(s) of violation(s)
and to issue appearance tickets, where necessary to enforce the provisions
of this division.
(b) Complaints of violations.
(1) Any person may file a complaint with the Code Enforcement Office
that a violation of this division may have taken place or is allegedly
taking place. All complaints shall be in writing and shall specify
the property on which the alleged violation has occurred.
(2) The Code Enforcement Office shall record and investigate any such
written complaint.
(3) The Code Enforcement Office shall also investigate any alleged violation
that it has reason to believe has occurred or is occurring.
(c) Inspection. Whenever a complaint has been filed, or whenever it shall
appear that the provisions of this division are being violated, the
Code Enforcement Office shall investigate the complaint. Except in
cases where the alleged violation is in plain view and/or where no
entry is necessary, or except in cases where an imminent peril exists,
the Code Enforcement Office shall obtain approval from an owner, lessee,
agent, tenant or other person with authority to make an inspection
of the property.