This chapter shall be enforced by the Zoning Administrator of
the City of Oswego, who shall be the Permit Administrator or any other
officer or employee of the City of Oswego as designated by resolution
of the Common Council. No building permit or certificate of compliance
shall be issued by the Zoning Administrator for any purpose except
in compliance with the provisions of this chapter.
A.
The Permit Administrator is authorized to inspect and examine or
cause to be inspected and examined any building, structure, place,
premises or use in the City with regard to the provisions of this
chapter and to issue a written order for the proper remedying or compliance,
within a reasonable period of time, of any condition found to be in
violation thereof, subject to the provisions of this chapter.
B.
The police shall report all violations to the Permit Administrator,
Chief of Police and Fire Chief, and shall, at the request of the Permit
Administrator or on their initiative, examine or investigate any building,
structure, use or premises with regard to any provision of this chapter
and shall issue reports and recommendations to the Permit Administrator
regarding any violations thereof.
If an unlawful condition or use is found not to have been properly
remedied or made to comply with the provisions of this chapter by
the expiration of a reasonable time period, the Permit Administrator
is empowered to immediately institute any appropriate action, charge
or proceedings in the proper legal court for the prevention, cessation
or discontinuance of any condition, use, occupancy or act in, on,
of or around any building, structure or tract of land, and for the
prosecution of any owner, occupant or offender. Furthermore, the Permit
Administrator is empowered to conduct administrative hearings to ascertain
facts pertinent to a written complaint, unlawful condition or uses
which do not comply with the conditions of this chapter. Administrative
hearings shall not be published as public notices.
Pursuant to the provisions of Chapter 495 of the Laws of 1978
of the State of New York, and § 150.20, Subdivision 3, of
the Criminal Procedure Law, the Permit Administrator of the City of
Oswego, or the persons duly designated by him, in writing, and filed
in the City Clerk's office of the City of Oswego, are hereby specially
authorized to issue and serve appearance tickets with respect to any
violation of any provisions of this chapter upon any person or persons
when he has reasonable cause to believe that such person or persons
has committed a violation in his presence.
If the Permit Administrator fails to proceed with any action in accordance with § 280-98 within a ten-day period following written request by any person, then any three or more persons residing or owning property in the district or in an adjacent district wherein an alleged violation of this chapter exists and who are jointly or severally aggrieved by such violation may institute such appropriate action, charge or proceeding.
A.
A violation of any provision of this chapter shall be punishable
by a fine of up to $1,000. Each day of continued violation shall constitute
a separate additional violation. If more than one provision is violated,
each provision violated shall be considered a separate violation,
each liable to the maximum penalties as herein specified.
B.
Criminal penalties for violations.
(1)
Any person who willfully or recklessly violates any provision
of this chapter; willfully or recklessly violates or fails to comply
with any requirements of an order of the Code Enforcement Department;
or willfully makes or causes any other person to make any false or
misleading statement on any notice or other document required to be
filed pursuant to this chapter or on any application or any accompanying
document for the granting of any permit or any other action by the
said Department pursuant to this chapter shall be guilty of an offense
punishable by a fine of not less than $1,000 nor more than $2,500
for each violation or by imprisonment for up to 15 days, or by both
such fine and imprisonment, or other penalties pursuant to the Penal
Law of the State of New York.
(2)
A person commits a willful violation when he intentionally acts,
or intentionally fails to act, to cause a desired result that violates
this chapter. A person commits a reckless violation when he acts,
or fails to act, with a conscious disregard of a substantial risk
that the act or failure to act will result in a condition, constituting
a violation of this chapter, which will endanger the life, health,
safety or general welfare of another person.
(3)
In a prosecution for a willful or reckless violation of a provision
of this chapter, evidence of prior service of civil process or of
prior judgments from the same violation and relating to the same premises
shall be admissible on the issue of the defendant's knowledge of the
existing violation.
(4)
Evidence that the defendant had knowledge or notice of the violation
and failed to correct the same for more than one month or take reasonable
action to explain to the Code Enforcement Department this failure
shall be evidence of the willfulness of defendant's action. This subsection
shall not be construed to prevent conviction for a willful violation
on other grounds.
(5)
Any person who refuses entry or access to an officer or an inspector
of the Code Enforcement Department to any premises or any part thereof
that the officer or inspector is lawfully authorized to inspect or
who unreasonably interferes with an authorized inspection shall be
guilty of an offense, punishable by a fine of not more than $500 or
by imprisonment for not more than five days, or by both such fine
and imprisonment, or other penalties pursuant to the Penal Law of
the State of New York.
The Common Council may from time to time by resolution establish
a schedule of fees for any permits, applications or administrative
processing required under this chapter. No application shall be processed
or permit issued until the required fee is paid to the City Chamberlain.
A.
Permit required.
(1)
All persons proposing to construct, erect, alter, extend, relocate
or structurally change any building, structure or portion thereof,
shall apply to the Permit Administrator for a building permit. Applications
shall be made solely by the property owner. Applications shall include
detailed floor plans, showing all scaled dimensions, together with
specified uses. No building, structure or portion thereof shall be
constructed, erected, altered, extended, relocated or structurally
changed until a building permit has been issued by the Permit Administrator.
(2)
In the TD Traditional Downtown, TB Traditional Business, and
the CB Central Business districts, all persons proposing to construct,
erect, alter, extend, relocate or structurally change the facades
of buildings, including but not limited to siding, windows and painting
of facades, shall apply to the Permit Administrator for a building
permit. Such application shall comply with the Design Standards,[1] as amended, and shall be referred to the Planning Board
for compliance with the Design Standards prior to issuance of a building
permit.
[1]
The Design Standards are on file in the City offices.
B.
The Permit Administrator shall, after determining whether or not
such proposed construction, erection, alteration, extension, relocation
or structural change is in violation of any provisions of this chapter,
either approve or disapprove any such application and shall issue
a building permit for any such application which he approves.
C.
Any such application for any proposed construction, erection, alteration,
extension, relocation or structural change of a building, structure
or portion thereof shall be accompanied by two copies of all plans
drawn to scale showing the dimensions and location on the lot or in
the building of the proposed construction, erection, alteration, extension,
relocation or structural change, and showing its relation to any existing
buildings or other structures.
D.
All applications for a building permit shall be made in duplicate,
and the Permit Administrator, in issuing a building permit, shall
return to the applicant one copy of the approved application and plans,
marked with approval. If disapproved, the reasons shall be stated
on one copy of the application and plans and that copy shall be returned
to the applicant.
E.
If approval is required by the Board of Appeals, Planning Board or
other agency for any such proposed construction, erection, alteration,
extension, relocation or structural change, such approval shall be
obtained in writing and submitted along with the application for a
building permit.
F.
Every building permit issued shall become void after the expiration
of one calendar year immediately following the date of issuance, and
any further work on any premises after the expiration date or extension
period of such building permit has passed shall constitute a violation
of this chapter. Prior to such expiration date, the applicant may
either apply for a new building permit or make application to the
Board of Appeals for an extension of the expiration date of the original
building permit.
G.
The Board of Appeals may for just cause extend the expiration date
of any building permit for a reasonable time period and may attach
reasonable conditions to such extension relating to work involved
or situations that exist as a result of the work.
H.
Any building permit issued after the effective date of this amendment
in violation of provisions of this chapter shall be null and void
and of no effect, and no further proceedings for revocation and nullification
thereof will be necessary; and any work undertaken or use established
pursuant to any such permit shall be unlawful and liable to penalties
in accordance with this chapter.
I.
The Permit Administrator shall inspect or cause to be inspected any
building, structure or portion thereof after completion of any work
for which a building permit was issued.
J.
Excavation relating to the construction on the same lot of a building
for which a building permit has been issued shall be permitted in
any district. In the event that construction of a building is stopped
prior to completion, and the building permit thereof is allowed to
expire, the premises shall immediately be cleared of any rubbish,
building materials or other unsightly accumulations relating to construction;
and any excavation to a depth greater than two feet below existing
grade shall immediately be filled in and topsoil replaced, or all
excavations shall be entirely surrounded by a substantial fence at
least six feet high that will effectively block access to the excavated
area. Where necessary, suitable gates will be installed with locks.
K.
No building permit shall be issued for a building, structure or use
located on a lot or land which does not have frontage on a dedicated
street.
L.
No building permit shall be issued for more than one principal building,
structure or use located on a lot or land in a residential district.
A.
Application for a zoning certificate of compliance shall be made
to the Permit Administrator:
B.
The Permit Administrator shall issue a zoning certificate of compliance
after inspection of the premises if he is satisfied that the work
for which the building permit was issued is completed and complies
with all provisions of this chapter and other applicable ordinances.
C.
Every applicant for a zoning certificate of compliance shall refer
in his application to the building permit which he was issued or,
in case none was needed, he shall submit such additional data as is
required in an application for a building permit.
D.
No building or structure following construction, erection, alteration,
extension, relocation or structural changes, wholly or in part, and
no existing building or part thereof may be changed in use and no
vacant land may be changed in use until a zoning certificate of compliance
has been issued by the Permit Administrator.
E.
A zoning certificate of compliance shall continue in effect as long
as such building, structure or portion thereof, or the use of same,
or the use of land shall remain in conformity with the provisions
of this chapter, including any further amendment thereto or other
applicable ordinances.
F.
One copy of every zoning certificate of compliance issued in accordance
with this chapter shall be filed with the City Clerk, and one copy
shall be retained by the Permit Administrator.
G.
If the Permit Administrator declines to issue a zoning certificate
of compliance, his reasons for doing so shall be stated on one copy
of the application, and that copy shall be returned to the applicant.
A.
No permit issued pursuant to this chapter 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").
(1)
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.
(2)
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 the applicant or are personal to the applicant.
(3)
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 chapter.
(4)
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.
(5)
No application fees shall be refunded upon revocation of the
permit.
(6)
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.
(7)
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.
B.
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.
This chapter shall take effect immediately upon filing with
the Secretary of State.
