There is hereby adopted by the City of Olean, for the purpose of prescribing regulations governing the use and occupancy of commercial and residential structures in the City of Olean, a certain code as hereinafter set forth.
(a) 
The Fire Chief is authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement and interpretation of this chapter, and to secure the intent thereof. Such rules and regulations shall not be in conflict with the provisions of this chapter, or any other ordinance of the City, nor shall they have the effect of waiving any provisions of this chapter or any other ordinance. Such rules and regulations shall have the same force and effect as the regulations of this chapter. The penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter, as provided in this article. Such rules and regulations shall be submitted to the Common Council by the Fire Chief. Failure of the Common Council to approve, reject, or modify such rules and regulations within 30 days after submission shall be deemed to constitute approval thereof. Such rules shall be on file and available as a matter of public record in the City Clerk's office.
(b) 
If a provision of this chapter is found to be inconsistent with any provision of other chapters of the City Code or Charter, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard.
(c) 
If any part, provision, section, subdivision, paragraph, or term of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining chapter, parts, provisions, sections, subdivisions, paragraphs, or terms.
Whenever used in this article, unless otherwise expressly stated or unless the context or subject material requires a different meaning, the definitions as contained in Chapter 12, Article I, Section 12-3 shall apply to the terms and provisions herein.
(a) 
All premises located in the City of Olean shall be inspected and certified by the Code Enforcement Department which shall determine compliance with, administer and enforce all applicable provisions of this chapter, the City Code, and the New York State Uniform Fire Prevention and Code Enforcement Code (hereinafter "Uniform Code") upon the occurrence of the following:
(1) 
The transfer of title if a certificate of occupancy has not previously been issued within the preceding 12 months.
(2) 
A change of occupancy or use other than that which is governed under Article III of this chapter.
(3) 
A change in the occupied status of a one- or two-family exempted property where the structure is no longer occupied by the owner or the spouse, child, parent or sibling of the owner.
(b) 
Except as otherwise provided herein, it shall be unlawful and a violation of this chapter to transfer, rent, lease, or otherwise allow the occupancy of any premises without the inspection and certification required herein.
(c) 
If, upon inspection, said premises do not comply with all applicable provisions of this Code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing and a time limit, not to exceed 30 days, shall be directed for the correction of, or the substantial effort to correct, the deficiencies noted. The notice of noncompliance shall be delivered personally or by mail within seven business days to the owner, agent or person in charge at the address set forth on the City Tax Bill and to any occupant who so requests.
(d) 
The officials charged with conducting the inspection shall make such inspection, access and circumstances permitting, within five business days of receipt of a request from the owner or agent of the owner.
(e) 
No occupancy certificate shall be issued under this article unless the applicable fee(s) required under this chapter is paid in full to the Department.
(a) 
The fee for an occupancy certificate issued under this Article II shall be $60.
(b) 
Should a premises fail inspection, the initial reinspection shall be free of charge; however, each subsequent reinspection thereafter necessary to issue said certificate shall result in a reinspection fee of $25 per reinspection.
Any violation of any provision of this chapter, or any provision of any rule or regulation adopted by the enforcement officer pursuant to authority granted by this chapter, shall be deemed an offense and any person found guilty thereof shall be liable to a fine which shall not be less than $250 and not to exceed $1,000, or imprisonment not to exceed 15 days, or to both such fine and imprisonment, and each day's failure to comply with such provision, rule or regulation shall constitute a separate violation.