City of Watervliet, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Watervliet 4-20-1972 as Div. 1 of Art. II of Ch. 6 of the Code of Ordinances of 1972. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 272.

§ 127-1 Uniform Code accepted.

[Amended 9-5-1996 by Ord. No. 1638]
The New York State Uniform Fire Prevention and Building Code shall be enforced in the City of Watervliet.[1]
[1]
Editor's Note: Original Section 6-2, Fire limits established, was deleted 9-5-1996 by Ord. No. 1638.

§ 127-2 Purpose; applicability.

[Added 9-5-2013 by Ord. No. 1906[1]]
This chapter shall provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the City of Watervliet. Except as otherwise provided within this chapter, state law or the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.
[1]
Editor’s Note: This ordinance also redesignated former §§ 127-2 and 127-3 as §§ 127-5 and 127-6, respectively, and §§ 127-5 through 127-8 as §§ 127-7 through 127-10, respectively.

§ 127-3 Prevalence of more restrictive standards.

[Added 9-5-2013 by Ord. No. 1906]
Where the provisions of this chapter conflict with or impose a different requirement than any other provisions of this code, local or general law, the provision which establishes the stricter standard or requirement shall govern.

§ 127-4 Enforcement.

[Added 9-5-2013 by Ord. No. 1906]
The Uniform Code and the provisions of this chapter shall be administered and enforced by the Inspector of Buildings or his/her designees and/or Code Enforcement Officer.

§ 127-5 Permit required; fees.

[Amended 5-6-1976 by Ord. No. 1250; 1-21-1993 by Ord. No. 1577]
A. 
No wall, structure, building or part thereof shall be built, enlarged or altered or other miscellaneous work performed in the city until a plan and specifications of the proposed work, together with a statement of the materials to be used and estimate of value of the proposed work, shall have been submitted by the owner to the Inspector of Buildings or a designated officer who shall, if in accordance with the provisions herein contained, issue a permit for the proposed construction.
B. 
Schedule of fees.
[Amended 3-20-2014 by Ord. No. 1920; 3-30-2017 by Ord. No. 1974]
(1) 
A fee shall be paid by the applicant for a permit required by Subsection A at the time application is made according to the following schedule:
Schedule of Building Permit and Other Fees
Residential Construction:
One-Unit Dwelling
Fee
1,000 square feet or less
$150
1,001 to 2,000 square feet
$250
2,001 to 3,000 square feet
$350
3,001 square feet or greater
$450
Two-Unit Dwelling
Fee
1,000 square feet or less
$350
1,001 to 2,000 square feet
$425
2,001 to 3,000 square feet
$500
3,001 square feet or greater
$575
Three-Unit Dwelling
Fee
1,000 square feet or less
$350
1,001 to 2,000 square feet
$425
2,001 to 3,000 square feet
$500
3,001 to 4,000 square feet
$575
NOTES:
1. Square footage shall be based on the total gross floor area for all floors, excluding basement.
2. Permit fees for new construction shall include interior plumbing. A separate permit for service connection is required.
Residential Alterations for One-Unit Dwelling, Two-Unit Dwelling or Three-Unit Dwelling
Type of Permit
Fee
Interior demolition
$50
Residential renovation
1% of the cost of the project; minimum of $50
All Other Uses
Type of Permit
Fee
Construction or alterations for all other uses
1% of the cost of the project; minimum of $50
Miscellaneous Items:
Type of Permit
Fee
Demolition permit, one-unit dwelling, two-unit dwelling or three-unit dwelling
$250
Demolition permit, all other uses
Up to $5,000 in cost
$250
Over $5,000 in cost
$250 plus $5 per $1,000
Demolition permit, garage
50
Sign permit (per sign)
$75
Pool permit
$50
Fence/storage shed
$30
Removal/installation of sidewalks
1% of the cost of the project; minimum of $50
Barricade permit/dumpster permit
$50
Tank installation for storage of gasoline or chemicals
$200
Detached garage/accessory structure
$50
Residential sprinkler system
$50
Sprinkler system for all other uses
1% of the cost of the project; minimum of $50
Residential roof repair
$50
Roof repair for all other uses
1% of the cost of the project; minimum of $50
(2) 
The permit fees for construction or alteration, not hereinbefore classified, such as, but not limited to, driveways, grandstands, parking lots, canopies, billboards, etc., shall be based on the following: 1% of the cost of the project; minimum of $50.
C. 
If at any time after commencement of work under a permit issued pursuant to Subsection B hereinabove it is determined by the Inspector of Buildings that the actual value of the work exceeds the estimated cost thereof, the Inspector of Buildings shall advise the permittee of any additional permit fee due, and the fee shall be immediately due and payable. In the event of nonpayment, the Inspector of Buildings shall have the right to revoke the permit.
[Amended 3-20-2014 by Ord. No. 1920; 3-30-2017 by Ord. No. 1974]

§ 127-6 Moving of buildings; fee; insurance.

[Amended 1-21-1993 by Ord. No. 1578]
No building shall be removed until a permit therefor has been obtained from the Inspector of Buildings or other designated officer, and such official shall not issue the permit if, in his judgment, the proposed new location of the building would seriously increase the fire hazard of the surrounding buildings. A permit fee shall be paid by the applicant at the time application is made for a permit. The amount of the fee shall be the sum of five hundred dollars ($500.). The applicant shall also provide a certificate of insurance naming the city as a named insured and insuring the city against any and all claims for personal injury and property damage arising out of the work to be performed under such permit.

§ 127-7 Nonconforming structures to be removed.

Structures erected without a permit required by this chapter or not in conformity with this chapter shall be removed.

§ 127-8 Unlawful acts.

[Amended 9-5-2013 by Ord. No. 1906]
A. 
It shall be unlawful for any person, firm or a corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure, or premises, or any portion thereof, in violation of any of the provisions of this chapter, or to fail in any manner to comply with the lawful notice, directive or order of the Inspector of Buildings and/or Code Enforcement Officer. It shall be unlawful for any person, firm or a corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or premises, or any part thereof, in a manner not permitted by the approved building permit or certificate of occupancy.
B. 
Any and all persons or entities constructing, operating, owning, occupying, maintaining, using or permitting the use of any building, property or premises, as well as any builder, design professional, contractor, subcontractor or agent of any such person or entity, who commits or takes part in or assists in a violation of the Uniform Code or this chapter may be charged as provided in this chapter.

§ 127-9 Abatement of violations.

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, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.

§ 127-10 Stockade-type/wooden-type fencing.

[Added 9-5-1996 by Ord. No. 1638]
Construction/erection of stockade-type fencing requires that the finished wood side of the fence face out or away from the property, where applicable and appropriate, and the fence side with posts and cross-support members face in or towards the property.

§ 127-11 Penalties for offenses.

[Added 9-5-2013 by Ord. No. 1906]
A. 
Each and every violation of the Uniform Code or of the rules and regulations or orders promulgated thereunder shall be deemed a violation of this chapter.
B. 
Unless otherwise stated herein, each violation of the Uniform Code, this chapter or the rules, regulations or orders promulgated hereunder shall be deemed a separate violation. In order to provide effective deterrence, each day on which a violation existed is considered to be and may be separately charged as an individual violation. Penalties or fines may be charged separately for each day on which the violation continues to exist.
C. 
Unless otherwise stated herein, the penalty for each offense or violation and for each day on which an offense or violation exists shall be a fine not more than $500 and/or 15 days in jail.
D. 
Unless otherwise stated herein, the penalty for failure to comply with a lawful order of the Inspector of Buildings and/or Code Enforcement Officer shall be a fine not more than $500 and/or 15 days in jail and/or appropriate community service per offense. Each day on which a continuing violation exists is considered to be and may be separately charged as an individual offense.
E. 
The penalty for failure to obtain a building permit prior to commencement of any work shall be deemed a violation, and any person or entity and/or agents thereof found guilty of this violation shall be subject to a fine as described below:
(1) 
First offense within a twelve-month period: a fine of not more than $500.
(2) 
Second and subsequent offense within a twelve-month period: a fine of not more than $1,000.

§ 127-12 State law option.

[Added 9-5-2013 by Ord. No. 1906]
Nothing in this chapter shall preclude prosecution of the Uniform Code pursuant to the New York State Executive Law or the imposition of fines or penalties contained in the New York State Executive Law or any other general law.