A.
The Code Enforcement Officer shall administer and enforce all provisions
of this chapter except where otherwise specifically provided herein.
Whenever any permit or other approval is required herein, the same
shall be applied for and shall be issued in the first instance from
the Code Enforcement Officer in accordance with the requirements of
this chapter and applicable City regulations governing building construction
and the issuance of building permits.
B.
The Code Enforcement Officer and his duly authorized representatives
shall have the right to enter upon, examine, inspect or cause to be
entered, examined and inspected any building or property at any reasonable
time for the purpose of carrying out his duties and to determine compliance
with the provisions of this chapter. A written report of each such
examination and inspection shall be prepared on an appropriate form
and kept on file in the offices of the Code Enforcement Officer.
In addition to all other authority conferred by law and within
this chapter, the Code Enforcement Officer shall have the following
powers and duties with respect to this chapter:
A.
Issuance of building permits. No building or structure shall be erected,
altered, reconstructed or enlarged until the Code Enforcement Officer
has issued a building permit stating that the proposed use and structure
comply fully with all applicable provisions of the chapter. More particularly,
no building permit shall be issued for any building where the site
plan of such building is subject to approval by the Planning Commission,
except in strict conformity with the plans approved by said Commission;
and no building permit shall be issued for any special use in any
district where such use is subject to approval by the Planning Commission,
unless and until such approval has been duly granted by said Commission.
B.
Issuance of certificates of occupancy. No use shall be established
or land or structure occupied nor shall any existing use of land or
structure be changed until the Code Enforcement Officer has issued
a certificate of occupancy stating that the use, land and structure
comply with all applicable provisions of this chapter. More particularly,
no certificate of occupancy shall be issued for any special use of
a building or of land requiring special permit approval by the Planning
Commission unless and until such special permit or site the Planning
Commission has granted plan approval. Every certificate of occupancy
for which special permit or site plan approval has been granted or
in connection with which a variance has been granted by the Zoning
Board of Appeals shall contain a detailed statement of any condition
to which the same is subject and include, by attachment, a copy of
such Zoning Board of Appeals decision.
C.
Issuance of notices of violation. Whenever, in the opinion of the Code Enforcement Officer, after proper examination and inspection, a violation appears to exist with any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall serve a written notice upon the appropriate person responsible for such alleged violation. Such notices shall be served in accordance with the requirements of § 250-73 herein.
D.
Issuance of stop orders. Whenever the Code Enforcement Officer has
reasonable grounds to believe that work on any building or structure
or any use of land is occurring either in violation of the provisions
of this chapter, not in conformity with any application made, permit
granted or other approval issued hereunder or in an unsafe or dangerous
manner, the Code Enforcement Officer shall promptly notify the appropriate
person responsible to suspend the work on any such building or structure
or the use of any such land. Such persons shall forthwith suspend
such activity until the stop order has been rescinded and shall be
served upon the person whom it is directed either by delivering it
personally to him or by posting the same upon a conspicuous portion
of the building under construction or premises in use and additionally
sending a copy of the same by certified mail.
E.
Emergency action. If, in the opinion of the Code Enforcement Officer,
a violation exists which requires immediate action to avoid a direct
hazard or imminent danger to the health, safety, morals or welfare
of occupants of a building or to other persons, the Code Enforcement
Officer may direct such violation immediately remedied or may take
direct action on his own initiative to abate the hazard and danger.
Any costs incurred by such action shall be paid for by the owner,
occupant or person responsible for the violation. The Code Enforcement
Officer shall keep on file an affidavit stating with fairness and
accuracy the items of expense and date of execution of action taken
and is furthermore authorized to institute a suit, if necessary, against
the person liable for such expense or place a lien against property
in order to recover said costs.
A notice of violation of any provision of this chapter or of
any rule or regulation adopted pursuant thereto shall inform the recipient
of:
Violation of any provision or requirement of this chapter or
violation of any statement, plan application, permit or certificate
approved under the provisions of this chapter shall be considered
an offense punishable by a fine of not more than $350 and/or imprisonment
for not more than six months for each such offense. The owner, general
agent or contractor of a building premises or part thereof where such
a violation has been committed or does exist and any agent, contractor,
architect, building, corporation or other person who commits, takes
part or assists in such violation shall be liable for such an offense.
All such penalties shall be collectible by and in the name of the
City; each and every day that any such violation continues after notification
that such violation exists shall constitute a separate offense. Such
initial notice and subsequent weekly notice shall be given, in writing,
by the Building Inspector and shall be served by certified mail or
personal service.
A.
Court action. The imposition of penalties herein prescribed shall
not preclude the City or any person from instituting appropriate legal
action or proceedings to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to restrain, correct or abate a violation or to prevent the illegal
occupancy of a building, land or premises.
B.
Taxpayer action. If the Code Enforcement Officer fails or refuses
to act upon or refer a violation of this chapter to the Corporation
Counsel for legal action in accordance with the provisions contained
herein within a ten-calendar-day period following written request
by any taxpayer to so proceed, then any three or more taxpayers of
the City of Amsterdam may institute appropriate legal action in a
court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of this chapter.
C.
Individual action. Nothing contained herein shall in any way restrict
the right of an aggrieved individual to institute an appropriate legal
action or proceeding on his own behalf for equitable relief or for
damages alleged to have been suffered as a result of the violation
of this chapter.
