[Ord. No. 4, 2-3-2021]
The Commissioner of Code Enforcement, the Commissioner of Urban and Economic Development, or their duly appointed representatives of the City of Utica are authorized and empowered to enforce the requirements of this chapter. The Commissioner of Code Enforcement shall cooperate with Building Code Inspector to coordinate enforcement and inspection activities so as to achieve the greatest efficiency and avoid duplication of efforts.
[Ord. No. 4, 2-3-2021]
(a) 
No building or structure shall be erected, enlarged, structurally altered, demolished, moved or removed, wholly or partly, and no excavation for any building, structure or use shall be made without obtaining a building permit in accordance with the requirements of Chapter 2-6 of the City of Utica Code, Buildings and Building Regulations.
(b) 
Such building permit shall be issued only where the accompanying application, plans, drawings and specifications are in full conformity with the provisions of this chapter.
[Ord. No. 4, 2-3-2021]
(a) 
It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, converted or enlarged, wholly or partly, in its use or structures, unless a certificate of occupancy shall have been issued by the Building Inspector in accordance with the requirements of Chapter 2-6 of the City of Utica Code, Buildings and Building Regulations.
(b) 
Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter.
[Ord. No. 4, 2-3-2021]
The Building Inspector, the Zoning Officer or their duly appointed representatives are authorized to inspect and examine any building, structure, place or premises in the City of Utica to determine compliance with the provisions of this chapter. In performing such inspections, the Building Inspector, Zoning Officer or their duly appointed representatives shall have the right of entry.
[Ord. No. 4, 2-3-2021]
Except as hereinafter provided, no building permit or certificate of occupancy involving new construction or expansion in bulk or gross floor area of any existing building or structure or the change in intensity of use of an existing building or structure shall be issued by any officer, department or employee of the City unless the application for such permit has been examined by the Commissioner of Code Enforcement and has affixed to it a certificate of zoning compliance indicating that the proposed building or structure complies with all the provisions of this chapter. Any building permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
[Ord. No. 4, 2-3-2021]
(a) 
No officer, agent or employee of the City, including any member of the Planning Board, Board of Zoning Appeals and the Scenic and Historic Preservation Commission, shall be liable for any damages that may result to persons or property as a result of any act, decision or determination required or permitted under this chapter.
(b) 
Costs shall not be allowed against any such officer, agent or employee of the City, or Board or Commission, unless it shall be determined by a court of competent jurisdiction that such individual, Board or Commission acted with gross negligence or in bad faith or with malice in carrying out the powers and duties required or permitted in this chapter.
(c) 
Any suit brought against the City as a result of any act required or permitted in the implementation of this chapter shall be defended by the Corporation Counsel of the City until the final determination of the proceedings thereon.
[Ord. No. 4, 2-3-2021]
(a) 
The Common Council shall establish a schedule of fees for zoning amendments, special permits, appeals and variances, floodplain permits, and other matters pertaining to this chapter. The schedule of fees shall be available for public inspection in the office of the Building Inspector and Zoning Officer and may be amended only by the Common Council. This schedule may be amended by resolution of the Common Council.
(b) 
Until all applicable fees have been paid in full, no action shall be taken on any application or appeal. No fee shall be refunded except as may be authorized by the Common Council in the establishment of a fee schedule.