A.
Code Enforcement officer.
(1)
The Office of Code Enforcement Officer is hereby created. The Office of Code Enforcement Officer shall be the Department of Planning, Building, and Development. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Director of Planning and Development or the Director of Code Enforcement if so designated by the Director of Planning and Development shall be the Code Enforcement Officer for the City of Ithaca.
(2)
Notwithstanding any other provision of the City Code, all powers, responsibilities, procedures, rights, and penalties in this Code or in rules created thereunder specifying, compelling, or permitting the administration, enforcement or other participation of the "Building Department" shall be invested in and associated with the Department of Planning, Building, and Development, wherein the Director of Planning and Development or the Director of Code Enforcement if so designated by the Director of Planning and Development shall serve as the Code Enforcement Officer as specified in Chapter 146 of the City Code.
B.
Director of Planning and Development. The Director of Planning and Development or the Director of Code Enforcement if so designated by the Director of Planning and Development shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Director of Planning and Development or the Director of Code Enforcement if so designated by the Director of Planning and Development shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. In the event that the Director of Code Enforcement is unable to serve as such for any reason, an individual shall be appointed by the City Manager to serve as Acting Director of Code Enforcement. The Acting Director of Code Enforcement shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Director of Code Enforcement by this chapter.
[Amended 11-3-2021 by Ord. No. 2021-09]
C.
Code enforcement personnel. The Director of Planning and Development may appoint, with the approval of the Common Council, one or more Deputy Directors of Code Enforcement, Senior Plan Examiners, Plan Review Officers, Code Inspectors, Building Inspectors, Housing Inspectors and other code enforcement personnel as necessary to work under his/her supervision and to assist the Director of Planning and Development in the exercise of the powers and fulfillment of the duties conferred upon the Director of Planning and Development by this chapter. Each code enforcement personnel shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each code enforcement personnel shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
D.
Plumbing Inspector. The Plumbing Inspector, under the supervision of the Superintendent of Public Works, shall inspect all plumbing work within the jurisdiction of this chapter and determine its compliance with the plumbing standards in effect in this City.
E.
Electrical Inspector. The Electrical Inspector, under the supervision of the Director of Planning and Development, shall inspect all electrical installations within the jurisdiction of this chapter and determine their compliance with all applicable electrical codes and standards in effect in the City of Ithaca.
F.
Enforcement.
(1)
The Director of Planning and Development or his/her designee shall be responsible for the enforcement of the New York State Uniform Fire Prevention and Building Code, hereafter referred to as the "Uniform Code," the New York State Energy Conservation Construction Code, the City of Ithaca Zoning Ordinance,[2] the Ithaca Energy Code Supplement, and all other codes and ordinances applicable to building construction and land use, and shall have the power to stop work not conforming to the Building Code or being done in a generally careless or hazardous manner. The City of Ithaca Fire Marshal shall be responsible for enforcement of the Fire Code of NYS (see Chapter 181).
[Amended 5-5-2021 by Ord. No. 2021-02]
(2)
The Director of Planning and Development or his/her designee shall receive and examine all plans and specifications for proposed new work, repairs, alterations, changes of use or removals and shall record and file the same for safekeeping.
(3)
The Director of Planning and Development or his/her designee shall receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of completion, temporary certificates of occupancy and the plans, specifications and construction documents submitted with such applications.
(4)
The Director of Planning and Development or his/her designee, upon approval of such applications, shall issue building permits, certificates of occupancy, certificates of completion and temporary certificates of occupancy, and include in building permits, certificates of occupancy, certificates of completion and temporary certificates of occupancy such terms and conditions as the Code Enforcement Officer may determine to be appropriate.
(5)
The Director of Planning and Development or his/her designee shall have the authority to conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of completion and temporary certificates of occupancy, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter.
(6)
The Director of Planning and Development or his/her designee shall have the authority to issue stop-work orders.
(7)
The Director of Planning and Development or his/her designee shall have the authority to review and investigate complaints.
(8)
The Director of Planning and Development or his/her designee shall have the authority to issue compliance orders.
(9)
The Director of Planning and Development or his/her designee shall have the authority to collect all applicable fees as set by this chapter.
(10)
The Director of Planning and Development or his/her designee shall have the authority to pursue administrative enforcement actions and proceedings.
(11)
The Director of Planning and Development or his/her designee shall have the authority to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter.
(12)
The Director of Planning and Development or his/her designee shall have the authority to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
G.
Records.
(1)
The Director of Planning and Development or his/her designee shall maintain records of all building operations and particulars thereof in his/her jurisdiction.
(2)
All such records, together with all drawings, specifications, statements, etc., so filed, shall be considered public records and shall be open for inspection at reasonable times, but the copying of any drawing, specification or part thereof without the consent of the architect, engineer or owner of the structure is hereby forbidden.
H.
Right to enter buildings. The Director of Planning and Development or the authorized representatives of the Director of Planning and Development shall have the right of entry, at all reasonable hours, to any building or site where work is contemplated or being done under the provisions of this chapter, or to any building alleged to be unsafe to life or health, upon the exhibition of proper evidence of authority; and interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter.
I.
Inspection of buildings. The Director of Planning and Development or his/her designee shall examine all buildings upon which or within which work is being done under the provisions of this chapter as often as practicable during the progress of the work; and particularly, the Director of Planning and Development shall visit as often as may be necessary all construction, alteration or removal jobs where a special hazard to public safety may be involved and shall promptly follow up all complaints, inquiries and discrepancies occurring in connection with the building operation under his/her jurisdiction.
J.
Issuance of appearance tickets. The Director of Planning and Development or his/her designee is authorized to issue appearance tickets in accordance with Article 150 of the New York State Criminal Procedure Law.
K.
Compliance orders.
(1)
The Director of Planning and Development or his/her designee is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, or this chapter. Upon finding that any such condition or activity exists, the Director of Planning and Development or his/her designee shall issue a compliance order. Time for compliance with order to remedy shall be fixed at 30 days following the date of such order to remedy. The compliance order shall:
[Amended 5-5-2021 by Ord. No. 2021-02; 12-7-2022 by Ord. No. 2022-07]
(a)
Be in writing;
(b)
Be dated and signed by the Director of Planning and Development or his/her designee;
(c)
Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;
(e)
Direct that compliance be achieved within the specified period of time; and
(f)
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2)
The Director of Planning and Development or his/her designee shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Director of Planning and Development or his/her designee shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.