[HISTORY: Adopted by the Common Council of the City of Plattsburgh
by L.L. No. 6-2007 (Ch. 175 of the
1989 Code). Amendments noted where applicable.]
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the City of Plattsburgh. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
section of this local Code, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 144-4. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 144-7B.
The City of Plattsburgh.
The Building Inspector appointed pursuant to § 144-3B.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 144-15A.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 144-3D.
A permit issued pursuant to § 144-10. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this local chapter.
The person to whom a building permit has been issued.
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
An order issued pursuant to § 144-6.
A certificate issued pursuant to § 144-7D.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this section. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, temporary certificates and operating
permits, and the plans, specifications and construction documents
submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, "certificates
of occupancy," "temporary certificates" and "operating permits," and
to include in building permits, certificates of occupancy, temporary
certificates and operating permits such terms and conditions as the
Code Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, temporary certificates
and operating permits, fire safety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all
other inspections required or permitted under any provision of this
section;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Common Council of this City of Plattsburgh;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the City of Plattsburgh's attorney, 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; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Mayor of the
City of Plattsburgh. The Code Enforcement Officer 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 Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated hereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by Mayor
of the City of Plattsburgh to serve as Acting Code Enforcement Officer.
The Acting Code Enforcement Officer shall, during the term of his
or her appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this section.
D.
One or more Inspectors may be appointed by the Mayor of this City
of Plattsburgh to act under the supervision and direction of the Code
Enforcement Officer and to assist the Code Enforcement Officer in
the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer by this section. Each inspector
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 inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
hereunder.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Common Council of the City
of Plattsburgh.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.38 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(4)
Installation of fences, which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one-or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(11)
Replacement of any equipment provided the replacement does not
alter the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load bearing wall, partition, or
portion thereof, or of any structural beam or load bearing component;
(b)
The removal or change of any required means of egress, or the rearrangement
of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any building
system; or
(d)
The removal from service of all or part of a fire protection system
for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information, as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D of this section. Construction documents which are accepted, as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer, in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents, which
were submitted with and accepted as part of the application for the
building permit. The building permit shall contain such a directive.
The permit holder shall immediately notify the Code Enforcement Officer
of any change occurring during the course of the work. The building
permit shall contain such a directive. If the Code Enforcement Officer
determines that such change warrants a new or amended building permit,
such change shall not be made until and unless a new or amended building
permit reflecting such change is issued.
I.
Time limits. building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
building permits shall expire 24 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subdivision may be renewed upon application by the permit
holder, payment of the applicable fee, and approval of the application
by the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected made, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, inspected, and found satisfactory
as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by registered mail or certified
mail. The Code Enforcement Officer shall be permitted, but not required,
to cause the stop-work 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 affected by the stop-work order, personally or by
registered mail or certified mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work, which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 144-15 (Violations) or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy required. A certificate of occupancy shall
be required for any work which is the subject of a building permit
and for all structures, buildings, or portions thereof, which are
converted from one use or occupancy classification or subclassification
to another. Permission to use or occupy a building or structure, or
portion thereof, for which a building permit was previously issued
shall be granted only by issuance of certificate of occupancy.
B.
Issuance of certificates of occupancy. The Code Enforcement Officer
shall issue a certificate of occupancy if the work which was the subject
of the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an Inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a [certificate of occupancy/certificate
of compliance]. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy, shall be provided to the Code Enforcement
Officer prior to the issuance of the certificate of occupancy:
C.
Contents of certificates of occupancy. certificate of occupancy shall
contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the [certificate
of occupancy/certificate of compliance] and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion
of the work, which is the subject of a building permit. However, in
no event shall the Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines (1) that the building
or structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, (2) that any fire- and smoke-detecting or
fire-protection equipment which has been installed is operational,
and (3) that all required means of egress from the building or structure
have been provided. The Code Enforcement Officer may include in a
temporary certificate such terms and conditions as he or she deems
necessary or appropriate to ensure safety or to further the purposes
and intent of the Uniform Code. A temporary certificate shall be effective
for a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy or a temporary
certificate was issued in error because of incorrect, inaccurate or
incomplete information, and if the relevant deficiencies are not corrected
to the satisfaction of the Code Enforcement Officer within such period
of time as shall be specified by the Code Enforcement Officer, the
Code Enforcement Officer shall revoke or suspend such certificate.
The chief of any fire department providing fire fighting services
for a property within this City of Plattsburgh shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel burning appliance, chimney or gas vent.
Unsafe structures and equipment in this City of Plattsburgh shall be identified and addressed in accordance with the procedures established by Chapter 148, Unsafe Buildings, of the City Code, as now in effect or as hereafter amended from time to time.
A.
Operating permits required. Operating permits shall be required for
conducting the activities or using the categories of buildings listed
below:
(1)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR § 1225.1;
(2)
Hazardous processes and activities, including but not limited to,
commercial and industrial operations which produce combustible dust
as a byproduct, fruit and crop ripening, and waste handling;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Common Council of this City of Plattsburgh.
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an Inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. operating permits shall remain in
effect until reissued, renewed, revoked, or suspended.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an Inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Fire safety and property maintenance inspections of buildings or
structures, which contain an area of public assembly, shall be performed
at least once every 12 months.
(2)
Fire safety and property maintenance inspections of buildings or
structures being occupied, as dormitories shall be performed at least
once every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at intervals consistent with local conditions, not to exceed 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or, occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist provided,
however, that nothing in this subdivision shall be construed as permitting
an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained.
C.
OFPC inspections.
(1)
Nothing in this section or in any other provision of this section
shall supersede, limit or impair the powers, duties and responsibilities
of the New York State Office of Fire Prevention and Control ("OFPC")
and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b.
(2)
Notwithstanding any other provision of this section to the contrary:
The Code Enforcement Officer shall not perform fire safety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs fire safety and property maintenance inspections
of such building or structure at least once every 12 months, such
properties that are owned and operated the State of New York, the
County of Clinton or by the federal government of the United States.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 144-15 (Violations) of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved; consider
requiring copies all plans, etc., to be submitted as a PDF file on
a CD or DVD;
(3)
All building permits, certificates of occupancy, temporary certificates,
stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to Common Council of this City of Plattsburgh a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in § 144-13 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the City of Plattsburgh, on a form prescribed
by the Secretary of State, a report of the activities of the City
of Plattsburgh relative to administration and enforcement of the Uniform
Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials the City of Plattsburgh
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of the City of
Plattsburgh in connection with administration and enforcement of the
Uniform Code.
A.
Compliance orders.
(1)
The
Code Enforcement Officer 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, or this chapter. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(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)
Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period of
time; and
(g)
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
Code Enforcement Officer shall cause the compliance order, or a copy
thereof, to be served on the owner of the affected property personally
or by certified mail. The Code Enforcement Officer 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 certified mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Civil penalties. In addition to those penalties proscribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this section, or any term or condition of any building
permit, certificate of occupancy, temporary certificate, stop-work
order, operating permit or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this chapter, shall
be liable to a civil penalty of not more than $200 for each day or
part thereof during which such violation continues. The civil penalties
provided by this subdivision shall be recoverable in an action instituted
in the name of this City of Plattsburgh.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the City of Plattsburgh, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this section, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, operating permit,
compliance order, or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this section. In particular,
but not by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, this chapter, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this section, an action or proceeding may be commenced in the name
of the City of Plattsburgh, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subdivision shall be commenced without the appropriate authorization
from the Common Council of the City of Plattsburgh.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 144-6 (Stop-work orders), in any other section or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this chapter, in § 144-6 (Stop-work orders), in any other section, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
[Amended 4-17-2019 by L.L. No. 4-2019]
The fees set forth in, or determined in accordance with the
fee schedule or amended fee schedule established by the Common Council
from time to time by resolution shall be charged and collected for
the submission of applications, the issuance of building permits,
amended building permits, renewed building permits, certificates of
occupancy, letters of compliance, temporary certificates, operating
permits, school inspections, fire safety and property maintenance
inspections, and other actions of the Code Enforcement Officer described
in or contemplated by this chapter.
The Common Council of the City of Plattsburgh may, by resolution,
authorize the Mayor of the City of Plattsburgh to enter into an agreement,
in the name of the City of Plattsburgh, with other governments to
carry out the terms of this section, provided that such agreement
does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
[Added 12-12-2019 by L.L. No. 6-2019; amended 9-10-2020 by L.L. No. 3-2020]
A.
Purpose. The Common Council of the City of Plattsburgh recognizes
that the rental of single-family residences or units within a duplex
to more than four unrelated individuals who do not otherwise qualify
as a "family" or "functional equivalent of a family," or the rental
of multifamily dwelling units, (hereinafter "high occupancy rental
units") constitutes a business which impacts upon the public health,
safety and general welfare of the people of the City of Plattsburgh.
The state and local framework for regulation and inspection of high
occupancy rental units is in many and various respects not sufficient
to protect the residents from potential violations of the Building
and Fire Code, particularly where there is a high turnover of residents
therein. The intent of this section is to create a registry, inspection
and permit protocol for the offering for rental of high occupancy
rental units so as to facilitate the enforcement of New York Building
and Fire Codes as well as the City Code of Plattsburgh in relation
thereto in order to protect the public health, safety and welfare
of the people of the City of Plattsburgh and to achieve the following
beneficial purposes:
(1)
The protection of the character and stability of residential areas;
(2)
The correction and prevention of housing conditions/violations that
adversely affect or are likely to adversely affect the life, safety,
general welfare and health, including the physical, mental and social
well-being of persons inhabiting high occupancy rental units; and
(3)
The preservation of the value of land and buildings throughout the
City of Plattsburgh.
B.
DWELLING UNIT
FAMILY
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
HIGH OCCUPANCY RENTAL UNITS
MULTIFAMILY DWELLING
RECORD TITLEHOLDER
REGISTERED COMPLAINT
RENTAL AGREEMENT
RENTAL BUILDINGS AND STRUCTURES/RENTAL UNIT
(1)
(2)
ROOMING/BOARDING HOUSE
SINGLE-FAMILY RESIDENCE
TENANT
TWO-FAMILY DWELLING or DUPLEX
Definitions. The following definitions will apply to this section:
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living.
The term "family" means:
Any number of persons related by blood, marriage, or adoption
living together in a single housekeeping unit and using certain rooms
and sanitary and cooking facilities in common; or
Up to four unrelated persons living together in a single housekeeping
unit and using certain rooms and sanitary and cooking facilities in
common; or
Five or more persons occupying a dwelling unit and living together
as the functional equivalent of a family.
It shall be presumed that five or more persons occupying a dwelling
unit do not comprise the functional equivalent of a family. A functional
equivalent of a family is a group of persons living together in a
dwelling unit who:
The following facts shall be considered in deciding whether
a group intends to reside together on a permanent basis and has a
stable relationship:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools.
Whether the group members regularly dine together.
Whether the dwelling is the legal residence of all group members
as evidenced by the address listed on their driver's license, motor
vehicle registration, voter registration card, income tax return or
any other document that lists the member's residence address.
Employment in the local area.
Joint or common ownership of household furnishings.
Other facts relevant to prove that the group functions as a
stable household unit and intends to reside together for the indefinite
future.
The term "high occupancy rental units," as used in this section,
includes 1) single-family residences rented to more than four unrelated
individuals who do not otherwise qualify as a "family" or "functional
equivalent of a family"; 2) dwelling units within a duplex or two-family
dwelling rented to more than four unrelated individuals who do not
otherwise qualify as a "family" or "functional equivalent of a family";
or 3) a multifamily dwelling.
A building of three or more dwelling units, separated by
common walls and/or floors. It may or may not have a direct entrance
from the outside to each dwelling unit.
Any person holding title of record by deed, contract of sale,
or judicial determination.
Any oral or written communication or personal observation
upon which the Code Enforcement Officer has probable cause to believe
that additional investigation is required to verify compliance with
this section.
A written or oral agreement embodying and fixing the terms
and conditions for the transfer of possession and the use and occupancy
of premises for at least a thirty-day continuous period.
Dwelling units, rooming houses, rooming units, two-family dwellings,
or multiple dwellings which occupied by one or more persons, none
of whom is the record titleholder; or
Dwelling units, rooming houses, rooming units, two-family dwellings,
or multiple dwellings which are used for residential purposes under
the terms of a rental agreement.
Dwelling providing lodging and meals for monetary compensation
for three or more nontransient guests in which no private kitchen
facilities shall be provided to guests.
A freestanding detached structure which contains a residence
designed for and occupied by one family as defined herein.
A person, corporation, partnership or group, not the legal
owner of record, occupying a dwelling unit or portion thereof as a
unit.
A building of two dwelling units, separated by common walls
and/or floors. It may or may not have a direct entrance from the outside
to each dwelling unit.
C.
Rental certification and registration information.
(1)
Commencing April 1, 2021, owners of high occupancy rental units which
are located in the City of Plattsburgh shall complete and sign a registration
form provided by the Code Enforcement Office for each mailing address
associated with rental buildings and/or structures owned. If the owner
owns more than one rental building or structure located at one mailing
address, then one form shall be completed for that address. If the
owner owns properties with more than one mailing address, then separate
forms must be completed for each separate mailing address. The form
shall indicate the name, mailing address, and telephone number for
each and every owner, and if the owner is a corporation, limited liability
company, partnership, or other business entity, the name, address,
phone number and e-mail address of a responsible agent for that owner
(the "owner's agent"), and the mailing address of the rental building
or structure for which a rental registry certification is sought,
the number of dwelling units contained within each rental building
or structure, the number of occupied bedrooms within each single-family
residence, daytime and evening telephone numbers of the owner and,
if applicable, the owner's agent, the approximate square footage of
habitable space in each rental dwelling unit, the maximum number of
tenants in each and every rental dwelling unit, any pre-existing nonconforming
status, and any other pertinent data sought by the Code Enforcement
Officer. The owner shall indicate whether a lease agreement is in
effect. The form shall indicate an address for receipt of notices
by mailing under this section. The owner shall be responsible for
updating such information within five business days of an event or
a change in circumstances that would render the information in the
registration form inaccurate.
(2)
The registration form shall also include a self-verification section, described in Subsection E below, whereby the owner of high occupancy rental units shall affirm, subject to perjury, that all information on the registration form is accurate and complete and that said rental building or structure, and all dwelling units contained therein, are in compliance with all applicable City and state codes, statutes, laws, ordinances and regulations.
(3)
Only those owners who can demonstrate to the Code Enforcement Officer that such single-family residences or units within a duplex who rent to more than four unrelated individuals who do not otherwise qualify as a "family" or "functional equivalent of a family" are an established pre-existing nonconforming use will be eligible to receive a rental registry certification. If the Code Enforcement Officer declines to issue a rental registry certificate, then the owner shall have the right to appeal that decision to the Zoning Board of Appeals pursuant to the Code of the City of Plattsburgh, Section 360-54D(1).
(4)
A rental registry certification shall be issued by the Code Enforcement
Officer and shall be valid for three years from the date of issuance.
However, if there is an event or change in circumstance that would
render the information in the registration form inaccurate, within
five business days of that event or change in circumstance the Owner
shall apply for a new rental registry certification. Owners and lessors,
or their respective agents, shall, upon request, make available a
copy of said rental registry certification to the person(s) in possession
or occupancy. Rental registry certifications may not be assigned or
transferred.
(5)
A rental registry certification for a specific property shall not
be granted to an applicant if that specific property is in violation
of any Uniform Building Code or City of Plattsburgh Code, ordinance
or local law (hereinafter "violations") or if that applicant 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 Plattsburgh (hereinafter
"unpaid monies") for that specific property.
(a)
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.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such rental registry certification shall be denied if such
violations or unpaid monies relate to a parcel of real property for
which the application is made.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such rental registry certification shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
All requirements set forth herein shall also apply to nonperson entities including but not limited to an LLC, corporation, or trust. If an application for a rental registry certification is denied, then the owner shall have the right to appeal that decision to the Zoning Board of Appeals pursuant to the Code of the City of Plattsburgh, Section 360-54D(1).
D.
Inspections; issuance of notices; occupancy limitations.
(1)
Upon the receipt of a registration form, the Code Enforcement Officer, in their sole discretion, may request an inspection of the subject property. If a request for an inspection is denied, then the Code Enforcement Officer may deny the application for the rental registry certification. The applicant shall have the right to appeal that denial to the Zoning Board of appeals pursuant to the Code of the City of Plattsburgh, Section 360-54D(1). Further, the Code Enforcement Officer may inspect the subject property:
(a)
If requested in writing by the owner, owner's agent or occupant
of a rental building(s) or structure(s) pursuant to this section;
(b)
Upon receipt of a registered complaint; however, if a registered
complaint is made by a tenant the complaint must also state that said
tenant first complained to the landlord therein and the concern was
not adequately remedied within seven days of the complaint. The tenant's
complaint must be affirmed as true under the penalties of perjury;
(c)
Upon the sale, transfer or conveyance of a multifamily dwelling
that will be utilized as a rental building/structure;
(d)
Upon the sale, transfer or conveyance by more than four unrelated
individuals who do not otherwise qualify as a "family" or "functional
equivalent of a family";
(e)
Upon the application for a building permit for a multifamily
dwelling that will be utilized as a rental building/structure.
(f)
Otherwise in accordance with law.
(2)
The inspection by the Code Enforcement Office shall determine the
condition of rental buildings and structures, rooming houses, rooming
units, similar dwellings and accessory structures located within the
City of Plattsburgh, and the Code Enforcement Office may issue notices
as provided for in this section.
(3)
The Code Enforcement Officer or his/her designees are authorized
to enter common areas accessible to the general public at reasonable
times for the purposes of conducting a visual inspection. If entry
is refused or not obtained, the Code Official is authorized to pursue
entry to the fullest extent authorized by law.
(4)
Occupancy limitations shall be governed by the rules and regulations
contained in the Uniform Building Code, New York State Uniform Fire
Prevention and Building Code City Code of the City of Plattsburgh,
and any amendments made thereto. Nothing in this section shall authorize
any owner to allow for an occupancy of property in excess of what
is permitted in these aforementioned Codes.
E.
Procedures for inspections and self-verification form.
(1)
If the owner desires an inspection to verify compliance with this
section, the following shall apply:
(a)
At least 30 days prior to initial occupancy, or 30 days prior
to the expiration date of a current Rental Registration Certification,
whichever is applicable, the owner or agent of a rental property shall
apply to the Code Enforcement Office for inspection of the structure
and all units therein. The owner of the property shall be required
to sign and return the application along with the applicable fee,
which will also include the registration form required by this section.
(b)
The Code Enforcement Officer shall use diligent efforts to inspect
the property forthwith subject to the requirements set forth in this
section.
(2)
As part of the registration form, the Owner may elect to self-verify
compliance with the relevant Codes, in lieu of an inspection, as set
forth above, and the following shall apply:
(a)
The form for self-verification shall be made available by the
Code Enforcement Officer and shall be completed, signed and affirmed
by the record titleholder(s) under penalties of perjury at least 30
days prior to initial occupancy or 30 days prior to the expiration
date of a current rental registry certification, whichever is applicable.
The owner of the property shall be required to sign and return the
application along with the applicable fee, which will also include
the registration form required by this section.
(b)
Any owner that provides materially false or misleading information
on the self-verification form shall be in violation of this section
and shall also be subject to the penalties of perjury in addition
to the penalties found in this section.
(c)
The Code Enforcement Officer has the right, but not the obligation, to inspect the subject property regardless of the submission of the self-verification form provided reasonable suspicion exists to believe that the self-verification form contains materially false statements. In the event that the Code Enforcement Officer finds that the self-verification form contains materially false information then he shall revoke the owner's right to self-verification for a term not to exceed five years. The applicant shall have the right to appeal that determination to the Zoning Board of appeals pursuant to the Code of the City of Plattsburgh, Section 360-54D(1).
(d)
The Code Enforcement Officer shall review the self-verification
form and other required documentation and, if warranted, issue the
rental registry certification.
F.
Fees.
(1)
Rental registry certification fees, rental inspection fees, reinspection
fees and penalties will be charged in the amount set forth in the
schedule of fees adopted by the City of Plattsburgh Common Council
by resolution.
(2)
Rental registry certifications shall be issued upon completion of
all of the following:
(b)
Verification of compliance with this section through one of
the following methods:
[1]
Completion and submission of a self-verification form by the
owner, certifying under oath and subject to perjury that said rental
building or structure, and all dwelling units contained therein, are
in compliance with all applicable city and state codes, statutes,
laws ordinances and regulations; or
[2]
Performance of an inspection by the Code Enforcement Office
to determine compliance with this section; and
[3]
All requirements of this section have been met.
G.
Notice of violation; method of service.
(1)
If the Code Enforcement Officer determines that there are reasonable
grounds to believe that premises are being maintained in violation
of this section, that officer shall give notice of the alleged violation
to the owner or owner's agent of the premises.
(2)
Such notice shall be mailed via first-class, registered or certified
mail to the permittee or served upon any other person in accordance
with the applicable provisions of the Criminal Procedure Law.
(3)
Such notice shall state that all health, safety and maintenance violations
must be corrected immediately per an order to remedy; however, in
the event the Code Enforcement Officer observes violations that create
an imminent risk to health, safety or welfare, the Code Enforcement
may pursue condemnation of the premises. For nonemergency violations,
the Code Enforcement Officer shall return at the date specified in
the notice to verify conformance with the order to remedy. Any maintenance
items which cannot be completed at this time because of weather constraints
may be granted a time extension. Reasonable time extensions may be
granted by the Code Enforcement Office based on consideration of all
relevant factors. Such notice shall also state that, if upon reinspection
a violation still exists, the Code Enforcement Officer may seek compliance
pursuant to this section.
(4)
Upon such reinspection, any remaining health, safety and maintenance violations, or other violations of the Uniform Building Code, New York State Uniform Fire Prevention and Building Code and Plattsburgh City Code shall result in the issuance of an appearance ticket returnable in the City of Plattsburgh City Court, or other court of competent jurisdiction, pursuant to the provisions of Article 150 of the Criminal Procedure Law seeking fines and injunctive relief pursuant to Subsections C and D of this section, and if applicable, revocation of the rental registry certification and an order to vacate the structure. In the event that the City pursues an action against an owner in a court of competent jurisdiction for any violation described herein, then as part of the relief sought, the City may request that the court revoke all of the owner's rental registry certificates for any rental building or structure located within the City.
(5)
Any party aggrieved by this action may appeal to the Zoning Board
of Appeals pursuant to the Code of the City of Plattsburgh, Section
360-50(D)(1), and/or pursue judicial relief in a court of competent
jurisdiction.
H.
Retaliatory actions.
(1)
No person shall institute or maintain an action for eviction because
the occupant has reported a violation of this section or a related
provision of the City Code to the Code Enforcement Officer or other
City employee.
(2)
No person shall cause any service, facility, equipment or utility
required under this section to be removed, shut off or discontinued
in retaliation for a complaint.
I.
Content of rental registry certification.
(1)
The rental registry certification issued under this section shall
contain the following information, as well as any additional information
required by the Code Enforcement Officer:
(a)
The address, type of structure, and structure classification;
(b)
The date of the inspection or date of self-verification statement,
whichever is applicable;
(c)
The date of issuance;
(d)
The expiration date;
(e)
Number of dwelling units and/or bedrooms suitable for occupancy;
(f)
A statement indicating whether the structure is equipped with
a fire alarm system, single station smoke detectors, and carbon monoxide
detectors as required by Code;
(g)
A statement indicating whether the structure is equipped with
a sprinkler system;
(h)
Local contact information including name, address and phone
number for the owner or owner's designated representative; and
(i)
The maximum number of occupants permitted for each and every
rental dwelling unit.
J.
Transferability, posting and notice of rental permit.
(1)
A current Rental Registration Certification issued under this section
shall be invalidated by sale, conveyance, or transfer of the subject
property. Upon such sale, conveyance or transfer, the new owner shall
be required to obtain a Rental Registration Certificate in conformance
with this section. The owner or owner's agent of a rental building
or structure shall deliver a copy to each tenant therein and retain
a signed receipt proving delivery which shall be provided to the Code
Enforcement Officer on request.
(2)
Commencing February 1, 2021, all written rental agreements for high
occupancy rental units with the City of Plattsburgh must contain the
following language in ten-point or larger type: "Please take notice
that you and the landlord each have certain rights and responsibilities
under The City of Plattsburgh Rental Registry Law, a copy of which
is available in the City Hall, 41 City Hall Place, Plattsburgh, New
York, 12901, or via the City's website."
[Added 12-21-2023 by L.L. No. 5-2023]
A.
Purpose. The Common Council of the City of Plattsburgh recognizes
that the short-term rental of dwelling units constitutes a business
which impacts upon the public health, safety and general welfare of
the people of the City of Plattsburgh. The state and local framework
for regulation and inspection of short-term dwelling units is in many
and various respects not sufficient to protect the residents from
potential violations of the Building and Fire Code, particularly where
there is a high turnover of residents therein, and from other potential
adverse impacts. Short-term transient rental units offer some benefits
to the community by providing an additional income source for the
owners of the property and property managers as well as increasing
tourism in our region. The intent of this section is to create a registry,
inspection and permit protocol for the offering for short-term rental
units so as to facilitate the enforcement of New York Building and
Fire Codes as well as the City Code of Plattsburgh in relation thereto
in order to protect the public health, safety and welfare of the people
of the City of Plattsburgh and to achieve the following beneficial
purposes:
(1)
The protection of the character and stability of residential areas;
(2)
The correction and prevention of housing conditions/violations that
adversely affect or are likely to adversely affect the life, safety,
general welfare and health, including the physical, mental and social
well-being of persons temporarily inhabiting within, and also those
residing adjacent to or within close proximity to short-term rental
units; and
(3)
The preservation of the value of land and buildings throughout the
City of Plattsburgh.
B.
DWELLING UNIT
RENTAL
SHORT-TERM RENTAL
SHORT-TERM RENTAL OWNER
SLEEPING ROOM
Definitions. The following definitions apply to this section:
As defined in Chapter 360 of the Code. However, for this section, a dwelling unit shall also include a sleeping room.
Granting use or possession of a dwelling unit in whole or
part to a person or group in exchange for some form of valuable consideration.
A dwelling unit, which may or may not be inhabited by the
owner of record or their immediate family, that is rented, in whole
or in part, for a period of less than 30 consecutive days to any person
or entity, but not including a hotel, motel, inn, campground, or bed-and-breakfast.
All entities having an ownership interest in a dwelling unit
that is used as a short-term rental.
A fully enclosed habitable space of at least 70 square feet
for one person and 100 square feet for two persons, with an emergency
escape or rescue opening.
C.
Short-term rental registration information.
(1)
Commencing March 1, 2024, all owners of short-term rentals which
are located in the City of Plattsburgh shall complete and sign a registration
form provided by the Office of the Building Inspector for each mailing
address associated with each short-term rental building, unit and/or
structure owned and shall obtain a short-term rental certificate.
If the owner owns more than one short-term rental located at one mailing
address, then one form shall be completed for that address. If the
owner owns short-term rentals with more than one mailing address,
then separate forms must be completed for each separate mailing address.
The form shall indicate the name, mailing address, and telephone number
of each and every owner, and if the owner is a corporation, limited
liability company, partnership, or other business entity, the name,
address, phone number and email address of a responsible agent for
that owner (the "owner's agent"), and the mailing address of
the rental building or structure for which a short-term rental registry
certification is sought, the number of dwelling units contained within
each rental building or structure, the number of dwelling units, daytime
and evening telephone numbers of the owner and, if applicable, the
owner's agent, the approximate square footage of habitable space
in each rental dwelling unit, the maximum number of occupants in each
and every rental dwelling unit, any preexisting nonconforming status,
and any other pertinent data sought by the Office of the Building
Inspector. The form shall indicate an address for receipt of notices
by mailing under this chapter. The owner shall be responsible for
updating such information within five business days of an event or
a change in circumstances that would render the information in the
registration form inaccurate.
(2)
The registration form shall also include a section whereby the owner
of a short-term rental shall affirm, subject to perjury, that all
information on the registration form is accurate and complete.
(3)
Upon compliance with this section, a rental registry certification
shall be issued by the Office of the Building Inspector and shall
be valid for one year from the date of issuance. However, if there
is an event or change in circumstance that would render the information
in the registration form inaccurate, within five business days of
that event or change in circumstance the owner shall apply for a new
short-term rental registry certification. Owners and lessors, or their
respective agents, shall, upon request, make available a copy of said
short-term rental registry certification to the person(s) in possession
or occupancy. Short-term rental registry certifications may not be
assigned or transferred.
(4)
A rental registry certification for a specific property shall not
be granted to an applicant if that specific property is in violation
of any Uniform Building Code or City of Plattsburgh Code, ordinance
or local law (hereinafter "violations") or if that applicant 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 Plattsburgh (hereinafter
"unpaid monies") for that specific property.
(a)
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.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such short-term rental registry certification shall be denied
if such violations or unpaid monies relate to a parcel of real property
for which the application is made.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such short-term rental registry certification shall be denied
regardless of whether such violations or unpaid monies occurred or
accrued before the effective date of this section.
(d)
All requirements set forth herein shall also apply to nonperson entities, including but not limited to an LLC, corporation, or trust. If an application for a short-term rental registry certificate is denied, then the owner shall have the right to appeal that decision to the Zoning Board of Appeals pursuant to the Code of the City of Plattsburgh, § 360-54D(1).
(5)
A short-term rental registry certificate shall be mailed by certified
mail by the owner or the owner's agent to all owners of property
within 300 feet of the property lines of the short-term rental. The
contact person or entity described on the certificate must document
all complaints and responses and submit them to the City of Plattsburgh
Building and Zoning Office within 24 hours.
D.
Inspections; occupancy limitations.
(1)
Upon the receipt of a short-term rental registration form, and annually thereafter, the Office of the Building Inspector shall complete the inspection of the subject property. If a property owner fails to allow an inspection, then the Office of the Building Inspector may deny the application for the short-term rental registry certificate. The applicant shall have the right to appeal that denial to the Zoning Board of Appeals pursuant to the Code of the City of Plattsburgh, § 360-54D(1). Further, at any time, the Office of the Building Inspector may request an inspection of the subject property:
(a)
If requested in writing by the owner, owner's agent or
occupant of a short-term rental building(s) or structure(s) pursuant
this section;
(b)
Upon receipt of a registered complaint;
(c)
Upon the sale, transfer or conveyance of a short-term rental;
(d)
Upon the application for a building permit for a dwelling unit
to be used for a short-term rental;
(e)
Otherwise in accordance with law.
(2)
The inspection by the Office of the Building Inspector shall determine
the condition of the short-term rental and its structures.
(3)
The Building Inspector or his/her designees are authorized to enter
common areas accessible to the general public at reasonable times
for the purposes of conducting a visual inspection. If entry is refused
or not obtained, the Code Official is authorized to pursue entry to
the fullest extent authorized by law.
(4)
Occupancy limitations shall be governed by the rules and regulations
contained in the Uniform Building Code, New York State Uniform Fire
Prevention and Building Code, City Code of the City of Plattsburgh,
and any amendments made thereto. Nothing in this section shall authorize
any owner to allow for occupancy of property in excess of what is
permitted in these aforementioned codes.
E.
Standards for short-term rentals.
(1)
The maximum number of people per sleeping room is one person if the
square footage is between 70 and 100 and two people if the square
footage is greater than 100 feet. The Office of the Building Inspector
may disqualify a particular space within a dwelling unit as a sleeping
room based on concerns over emergency egress, safety, or over-occupancy
of a dwelling unit.
(2)
Each sleeping room shall have an exterior exit that opens directly
to the outside or an emergency escape or rescue window, which meets
the current state and City codes' requirements for emergency
and escape access. Notwithstanding the foregoing, the Office of the
Building Inspector may approve other means of emergency egress for
each sleeping room in its reasonable discretion.
(3)
There shall be one functioning smoke detector in each sleeping room,
and one functioning smoke detector on the ceiling or wall in the immediate
vicinity outside each separate sleeping room which meets the current
state and City codes.
(4)
Carbon monoxide detectors shall be installed in all dwelling units
that contain a fuel-burning appliance, system, or other source of
carbon monoxide which meets the current state and City codes.
(5)
At least one functioning and inspected fire extinguisher is present
in each dwelling unit which meets the current state and city codes.
(7)
A house number visible from the street shall be maintained.
(8)
Provisions shall be made for weekly garbage removal during all short-term rental occupancies. Proper garbage and rubbish maintenance shall be regulated by City Code Chapter 289.
(9)
No exterior tents will be allowed.
(10)
Outdoor recreational fires shall not be permitted unless they meet the standards in City Code § 230-2.
(13)
Owners of short-term rentals shall provide a safety/egress plan,
to be posted in a visible location within the short-term rental.
(14)
Owners of short-term rentals shall conspicuously post a valid
short-term rental registration certificate in each dwelling unit.
(15)
Owners of short-term rentals shall comply with the Clinton County
Room Occupancy Tax Law (Local Law No. 2 of 2008) or any other applicable
occupancy tax in effect.
(16)
Owners of short-term rentals shall post their "house rules,"
if any, in a conspicuous location within the dwelling unit.
F.
Fees. Short-term rental registry certification fees, inspection fees,
reinspection fees and penalties will be charged in the amount set
forth in the schedule of fees adopted by the City of Plattsburgh Common
Council by resolution.
G.
Notice of violation; method of service.
(1)
If the Office of the Building Inspector determines that there are
reasonable grounds to believe that premises are being maintained in
violation of this section, that officer shall give notice of the alleged
violation to the owner, or owner's agent, of the premises.
(2)
Such notice shall be mailed via first-class, registered or certified
mail to the permittee or served upon any other person in accordance
with the applicable provisions of the Criminal Procedure Law.
(3)
Such notice shall state that all health, safety and maintenance violations
must be corrected immediately per an order to remedy; however, in
the event the Office of the Building Inspector observes violations
that create an imminent risk to health, safety or welfare, the Office
of the Building Inspector may pursue condemnation of the premises.
For nonemergency violations, the Office of the Building Inspector
shall return at the date specified in the notice to verify conformance
with the order to remedy. Any maintenance items which cannot be completed
at this time because of weather constraints may be granted a time
extension. Reasonable time extensions may be granted by the Office
of the Building Inspector based on consideration of all relevant factors.
Such notice shall also state that if upon reinspection a violation
still exists, the Office of the Building Inspector may seek compliance
pursuant to this chapter.
(4)
Upon such reinspection, any remaining health, safety and maintenance violations, or other violations of the Uniform Building Code, New York State Uniform Fire Prevention and Building Code and Plattsburgh City Code shall result in the issuance of an appearance ticket returnable in the City of Plattsburgh City Court, or other court of competent jurisdiction, pursuant to the provisions of Article 150 of the Criminal Procedure Law, seeking fines and injunctive relief pursuant to § 144-15C and D of this chapter, and if applicable, revocation of the short-term rental registration certification and an order to vacate the structure. In the event that the City pursues an action against an owner in a court of competent jurisdiction for any violation described herein, then as part of the relief sought, the City may also request that the court revoke all of the owner's short-term rental Registry certificates for any short-term rental building or structure located within the City.
(5)
Any party aggrieved by this action may appeal to the Zoning Board of Appeals pursuant to the Code of the City of Plattsburgh, § 360-54D(1), and/or pursue judicial relief in a court of competent jurisdiction.
H.
Content of short-term rental registry certificate. The short-term
rental registry certification issued under this section shall contain
the following information, as well as any additional information required
by the Office of the Building Inspector:
(1)
The address, type of structure, and structure classification;
(2)
The date of inspection;
(3)
The date of issuance and the expiration date;
(4)
The number of dwelling units and/or sleeping rooms suitable for occupancy;
(5)
A statement indicating whether the structure is equipped with a fire
alarm system, single-station smoke detectors, and carbon monoxide
detectors as required by the Code;
(6)
Local contact information, including name, address and phone number,
for the owner or owner's designated representative;
(7)
Contact information for the Office of the Building Inspector for
the submission of complaints by neighbors and/or patrons; and
(8)
The maximum number of occupants permitted for each and every dwelling
unit.
[Added 12-21-2023 by L.L. No. 6-2023]
A.
Purpose. The Common Council of the City of Plattsburgh recognizes
that the prolonged existence of vacant buildings within the City of
Plattsburgh causes adverse impacts to the community and negatively
affects the public health, safety and general welfare of the people
of the City of Plattsburgh. The Common Council has determined that
buildings which remain vacant, some with access points boarded over,
are unsightly, unsafe and have a negative effect on their surroundings.
This is troublesome in all neighborhoods. Unfortunately, many buildings,
once vacant, remain that way for many years. The purpose behind this
section is to establish a program for identifying and registering
vacant buildings; to determine the responsibilities of the owners
of vacant buildings and structures; and to speed the rehabilitation
of the vacant properties to achieve the following beneficial purposes:
(1)
The protection of the character and stability of residential and
commercial areas;
(2)
The correction and prevention of housing conditions/violations that
adversely affect or are likely to adversely affect the life, safety,
general welfare and health, including the physical, mental and social
well-being of persons residing or patronizing buildings near vacant
structures; and
(3)
The preservation of the value of land and buildings throughout the
City of Plattsburgh.
B.
ENFORCEMENT OFFICER
HABITABLE
OWNER
PERFORMANCE GUARANTY
SECURED BY OTHER THAN NORMAL MEANS
UNOCCUPIED
UNSECURED
VACANT BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
Definitions. The following definitions apply to this section:
A duly authorized representative of the Building Inspector's
office, the Police Department, Department of Public Works or the Fire
Department.
A building or space that meets or exceeds the New York State
minimum requirements for human occupancy.
Those shown to be the owner or owners on the records available
to the City of Plattsburgh, those identified as the owner or owners
on a vacant building registration form, a mortgagee in possession,
a mortgagor in possession, assignee of rents, receiver, executor,
trustee, lessee, or other person, firm or corporation in control of
the premises. Any such person shall have a joint and several obligation
for compliance with the provisions of this section.
A bond, letter of credit, cash escrow or other acceptable
form of guaranty, as determined by the City's Building Inspector,
to cover the City's potential cost of correcting code violations
or abating unsafe or imminently dangerous conditions. The sufficiency
of such performance guaranty shall be determined by the Building Inspector
after consultation with the Corporation Counsel and other officials
and agencies of the City of Plattsburgh as appropriate.
A building secured by means other than those used in the
design of the building.
A building which is vacant or is not legally being used for
an occupancy authorized by the owner.
A building or portion of a building which is open, accessible
or an attractive nuisance.
A building which in whole or in part is:
Unoccupied and unsecured;
Unoccupied and secured by other than normal means;
Unoccupied as determined by the appropriate City, county or
state department or agency;
Unoccupied and has multiple housing or building code violations;
Illegally occupied and/or not habitable;
Unoccupied for a period of time of 45 days, unless good cause
can be shown to the Office of the Building Inspector that would warrant
an extension of three months. For purposes of this section, good cause
can include, but not be limited to, an active marketing effort to
sell the property or the death or major illness of the owner.
C.
Vacant building registration information.
(1)
Commencing March 1, 2024, within 30 days of a building becoming a
vacant building, the owner of a vacant building which is located in
the City of Plattsburgh shall complete and sign a registration form
provided by the Office of the Building Inspector for each vacant building.
The form shall indicate the name, mailing address, and telephone number
of each and every owner, and if the owner is a corporation, limited
liability company, partnership, or other business entity, the name,
address, phone number and email address of a responsible agent for
that owner (the "owner's agent"), and the mailing address of
the vacant building, daytime and evening telephone numbers of the
owner and, if applicable, the owner's agent, and any other pertinent
data sought by the Office of the Building Inspector. The form shall
indicate an address for receipt of notices by mail under this chapter.
The owner shall be responsible for updating such information within
five business days of an event or a change in circumstances that would
render the information in the registration form inaccurate.
(2)
The registration form shall also include a section whereby the owner
of a vacant building shall affirm, subject to perjury, that all information
on the registration form is accurate and complete.
(3)
Annually thereafter, or upon an event or change in circumstance that
would render the information in the registration form inaccurate,
within five business days of that event or change in circumstance
the owner shall submit a new vacant building registration form. Vacant
building registrations may not be assigned or transferred.
D.
Vacant building plans; security.
(1)
All owners of a vacant building shall submit a vacant building plan
within 30 days of registration, which must meet the approval of the
Office of the Building Inspector. The plan, at a minimum, must contain
information from one of the following three choices for the property:
(a)
If the building is to be demolished, a demolition plan under
a permit application filed with the Office of the Building Inspector,
indicating the proposed time frame for the building to be demolished,
an affidavit executed by the owner that he will assume all costs associated
with the demolition, and a performance guaranty.
(b)
If the building is to remain vacant, a plan for the securing
of the building in accordance with standards provided by the Office
of the Building Inspector. If applicable, such plans must be filed
along with the procedure that will be used to maintain the property
in accordance with the City and State Building Codes and a statement
of the reasons why the building will be left vacant and for what time
period the building will be vacant, and a performance guaranty, all
of which must be acceptable to the Office of the Building Inspector.
(c)
If the building is to be returned to appropriate occupancy or
use, a rehabilitation plan for the property and a performance guaranty
shall be provided. The rehabilitation plan shall not exceed 365 days,
unless the Office of the Building Inspector grants an extension upon
receipt of a written statement from the owner detailing the reasons
for the extension. Any repairs, improvements or alterations to the
property must comply with any applicable zoning, housing, historic
preservation or building codes and must be secured in accordance with
the City Code, or with the directions of the Office of the Building
Inspector, during the rehabilitation or until a new certificate of
occupancy or certificate of completion has been issued.
(2)
All applicable laws and codes shall be complied with by the owner.
The owner shall notify the Office of the Building Inspector of any
changes in information supplied as part of the vacant building registration
within 30 days of the change. If the plan or timetable for the vacant
building is revised in any material way, the revisions must be in
writing and meet the approval of the Office of the Building Inspector.
(3)
All owners shall keep the vacant building secured by any means necessary
and/or required and shall be in compliance with all local, state,
and federal codes, rules and regulations to keep the building safe
and secured while properly maintaining said building at all times
as provided for in this chapter. Failure of the owner or any subsequent
owners to keep the building secure and safe and/or maintain the building
and premises that result in remedial action taken by the City shall
be grounds for the revocation of the approved plan and shall be subject
to any applicable penalties provided by law.
(4)
Unless otherwise permitted in writing by the Office of the Building
Inspector, all vacant buildings must meet the following standards:
(a)
Exterior walls, doors, windows, skylights, and similar openings
shall be maintained weathertight and in good condition, as determined
by the Office of the Building Inspector. Surfaces not inherently resistant
to deterioration shall be treated with a protective coating of paint
or other suitable preservative.
(b)
All enclosures shall be properly fitted and be of such material
and surface that they are neither unsightly nor will materially detract
from the general appearance of the building or the neighborhood. Coverings
for doors and windows may consist of boards or similar materials finished
and maintained in a manner specified by the Office of the Building
Inspector so as to blend in with the finish of the building.
(c)
Window coverings accessible from ground level shall have a clear
opening of not less than two square feet to allow viewing of the interior
of the property for security purposes.
(d)
Cracked or broken windows shall be replaced with plexiglass
or other similar material in accordance with the previous subsection
and meeting approval with the Office of the Building Inspector.
(5)
Upon the sale, transfer or conveyance of a vacant building, the new
owners shall be required to register the vacant building with the
Office of the Building Inspector within 30 days of any transfer of
an ownership interest in a vacant building. The new owners shall comply
with the approved plan, the performance guaranty, if required, and
the timetable submitted by the previous owner until any proposed changes
are submitted and meet the approval of the Office of the Building
Inspector.
(6)
The Office of the Building Inspector shall provide to owners of vacant
buildings a proof of registration that must be displayed in a clearly
visible place at the main access point of said property. Unless indicated
otherwise, this registration will be valid for a period of 365 days
after the initial registration of said property, and shall be replaced
annually upon renewal of registration, and serve as on-site certification
of said property's compliance with this chapter.
E.
Fees. Vacant building registry fees, inspection fees, reinspection
fees, vacant building plan review fees, and penalties will be charged
in the amount set forth in the schedule of fees adopted by the City
of Plattsburgh Common Council by resolution. The fee shall be paid
in full prior to the issuance of any building permits, certificates
of occupancy or certificates of completion, with the exception of
any demolition permit.
F.
Exemptions.
(1)
A building which has suffered fire damage or damage caused by extreme
weather conditions shall be exempt from the registration requirement
for a period of 45 days after the fire or extreme weather event if
the property owner submits a written request for temporary exemption
to the Office of the Building Inspector.
(2)
Any vacant building located on property owned by the State University
of New York or the Plattsburgh Housing Authority is exempt from this
section.
G.
Inspections.
(1)
Any enforcement officer may inspect any premises in the City for
the purposes of enforcing and assuring compliance with the provisions
of this chapter. Upon the request of the enforcement officer, an owner
shall provide access to all interior portions of an unoccupied building
in order to permit a complete inspection. Nothing contained herein,
however, shall diminish the owner's right to insist upon the
procurement of a search warrant from a court of competent jurisdiction
by the enforcement officer or his or her designees in order to enable
such inspection, and the enforcement officer shall be required to
obtain a search warrant whenever an owner refuses to permit a warrantless
inspection of the premises.
(2)
The Office of the Building Inspector shall complete periodic inspections
of each vacant building and shall also submit an annual report, no
later than July 1 of each year, to the Mayor and City Council, listing
all buildings declared vacant under the provisions of this section
and the date upon which the buildings or units were declared vacant
and whether a building plan has been filed. The report shall include
a list of all previously declared vacant buildings which are no longer
subject to the provisions of this section.
H.
Notice of violation; method of service; appeals.
(1)
If the Office of the Building Inspector determines that there are
reasonable grounds to believe that premises are in violation of this
chapter, that officer shall give notice of the alleged violation to
the owner or owner's agent of the premises.
(2)
Such notice shall be mailed via first-class, registered or certified
mail to the permittee or served upon any other person in accordance
with the applicable provisions of the Criminal Procedure Law.
(3)
Such notice shall state that all health, safety and maintenance violations
must be corrected immediately per an order to remedy; however, in
the event the Office of the Building Inspector observes violations
that create an imminent risk to health, safety or welfare, the Office
of the Building Inspector may pursue condemnation of the premises.
For nonemergency violations, the Office of the Building Inspector
shall return at the date specified in the notice to verify conformance
with the order to remedy. Any maintenance items which cannot be completed
at this time because of weather constraints may be granted a time
extension. Reasonable time extensions may be granted by the Office
of the Building Inspector based on consideration of all relevant factors.
Such notice shall also state that if upon reinspection a violation
still exists, the Office of the Building Inspector may seek compliance
pursuant to this chapter.
(4)
Upon such reinspection, any remaining health, safety and maintenance violations, or other violations of the Uniform Building Code, New York State Uniform Fire Prevention and Building Code and Plattsburgh City Code shall result in the issuance of an appearance ticket returnable in the City of Plattsburgh City Court, or other court of competent jurisdiction, pursuant to the provisions of Article 150 of the Criminal Procedure Law seeking fines and injunctive relief pursuant to § 144-15C and D of this chapter, and if applicable, revocation of the short-term rental registration certification and an order to vacate the structure. In the event that the City pursues an action against an owner in a court of competent jurisdiction for any violation described herein, then as part of the relief sought, the City may also request that the court revoke all of the owner's vacant building registry certificates for any vacant building located within the City.
(5)
Any party aggrieved by this section may appeal to the Zoning Board of Appeals pursuant to the Code of the City of Plattsburgh, § 360-54D(1), and/or pursue judicial relief in a court of competent jurisdiction.
