[Amended 6-22-1998]
This article shall provide the method for administration
and enforcement of Subchapters C and F contained in the New York State
Uniform Fire Prevention and Building Code in the City of Oswego and
further establishes powers and duties and responsibilities in connection
therewith.
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 location 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 6-22-1998; 8-8-2011]
A. Owners and lessors, or their respective agents, of premises shall
file with the Department, on the registration forms available, the
following information:
(1) The names and addresses of the owner and lessor and of their respective
agents upon whom the violation order may be served.
(a)
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
Oswego and to receive service of process in any action or proceeding
brought by the City of Oswego against the owner or lessor.
(b)
Any such agent who is designated by an owner or lessor of premises
must reside or do business within 25 miles from City Hall and must
provide the City of Oswego with a local address and telephone number.
(2) A description of the property, by street and number or otherwise,
as will enable the Housing Inspector to locate the same.
(3) 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.
(4) The rental permit fee shall be established by resolution of the Common
Council.
B. Commencing July 11, 1998, it shall be unlawful to occupy or use any
premises unless and until a rental permit shall have been issued by
the Department certifying that such premises conforms to the housing
standards, except that a temporary certificate may be issued upon
showing, to the satisfaction of the Department, that remedial action
is being taken to correct violations. Commencing on the effective
date of this chapter, a ninety-day period is hereby established, whereby
the Department shall accept registration forms without penalty to
the owner, lessor or respective agent of premises.
C. Rental permits shall be valid for three years from the date of issuance.
Owners and lessors, or their respective agents, shall, upon request,
make available a copy of said permit to the person(s) in possession
or occupancy.
D. A permit may be revoked, by written notice thereof, if, upon an inspection,
the premises are found to be in violation of the housing standards.
E. Inspections.
(1) The Department is authorized to conduct inspection of premises or
parts of premises at such times and in such manner as the Department
may find convenient or necessary, with the consent of the person in
possession or occupancy, to ensure compliance with the housing standards.
(2) If admission is refused or cannot be obtained from the person in
possession or occupancy, the Code Enforcement Officer is authorized
to obtain a warrant to make an inspection, provided that reasonable
or probable cause is shown.
F. 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 Oswego 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
Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(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 Oswego 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.
(2) Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]