City of Saratoga Springs, NY Building Code Administration

Building Inspectors, Zoning and Building Inspectors, and Assistant Building Inspectors shall have exclusive authority to administer and enforce § 118-4, Building permits, and § 118-7, Certificates of occupancy.

Fire Inspectors shall have exclusive authority to administer and enforce § 118-10, Operating permits, and the provisions of § 118-11 so far as they relate to firesafety.

Code Administrators and Fire Inspectors shall have exclusive authority to administer and enforce Article II, Residential Occupancy Permits.

All Code Enforcement Officers shall have the power/duty to:

Issue stop-work orders;

Review and investigate complaints;

Issue orders pursuant to § 118-15A, Compliance orders, of this chapter;

Maintain records;

Collect fees as set by the City Council of this City;

Pursue administrative enforcement actions and proceedings;

In consultation with the City 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

Exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.

All Code Enforcement Officers 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 Officers shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

In the event that Code Enforcement Officers are unable to serve as such for any reason, Acting Code Enforcement Officers shall be appointed by the appropriate department head. Acting Code Enforcement Officers shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officers by this chapter.

One or more inspectors may be appointed by the appropriate department head to assist Code Enforcement Officers in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officers by this chapter. 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 thereunder.

§ 118-4 Building permits.

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 Building Department.

Exemptions. No building permit shall be required for work in any of the following categories:

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 is less than 144 square feet (13.38 square meters);

Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

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;

Installation of fences which are not part of an enclosure surrounding a swimming pool;

Construction of retaining walls, unless such walls support a surcharge or impound Class I, II or IIIA liquids as defined in the State Codes;

Construction of temporary motion-picture, television and theater stage sets and scenery;

Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

Installation of partitions or movable cases less than five feet nine inches in height;

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:

The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;

The removal or change of any required means of egress; or the rearrangement of parts of a structure in a manner which affects egress;

The enlargement, alteration, replacement or relocation of any building system; or

The removal from service of all or part of a fire protection system for any period of time.

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.

Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Building Department. The application shall be signed by the owner of the property where the work is to be performed or by an authorized agent of the owner. The application shall include such information as the Building Department deems sufficient to permit a determination 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:

A description of the proposed work;

The Tax Map number and the street address of the premises where the work is to be performed;

The occupancy classification of any affected building or structure;

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code;

At least two sets of construction documents (drawings and/or specifications) which:

Define the scope of the proposed work;

Are prepared by a New-York-State-registered architect or licensed professional engineer where so required by the Education Law;

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and

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.

Any other additional information and/or documentation as may be required by the City's Zoning Ordinance.[1]

[1]

Editor's Note: See Ch. 240, Zoning.

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(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Department in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Department, 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, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.

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 Building Inspector, Zoning and Building Inspector, the Assistant Building Inspectors, or any person duly designated by the Mayor to act in the place of the Building Inspector, shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

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.

Work to be performed 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 Building Department of any change occurring during the course of the work. The building permit shall contain such a directive. If the Building Department 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.

Time limits. Building permits shall become invalid unless the authorized work is commenced within 24 months following the date of issuance. A building permit which has become invalid pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Building Inspector.

Revocation or suspension of building permits. If the Building Inspector 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 Building Inspector shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

Fee. All fees established by the City Council must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit. A schedule of all such fees will be available for review in the Office of the City Clerk and in the Building Department.

§ 118-5 Construction inspections.

Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by a Code Enforcement Officer or by an inspector authorized by the Building Department. The permit holder shall notify the Building Department when any element of work described in Subsection B of this section is ready for inspection.

[Amended 7-17-2018]

Elements of work to be inspected. All elements of the construction process that the Building Department deems appropriate shall be inspected where applicable, including but not limited to footings before concrete, foundation rebar before concrete, foundation before backfill, floor slab before concrete, roof deck before cover, rough frame before insulation, rough plumbing before insulation, HVAC before insulation, insulation before cover, and septic before backfill. A final inspection is required after all work authorized by the building permit has been completed.

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, reinspected, and found satisfactory as completed.

Fee. All fees established by the City Council must be paid prior to or at the time of each inspection performed pursuant to this section. A schedule of all such fees will be available for review in the office of the City Clerk and in the Building Department.

§ 118-6 Stop-work orders.

Authority to issue. Any Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. A Code Enforcement Officer shall issue a stop-work order to halt:

Any work that is determined by a 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

Any work that is being conducted in a dangerous or unsafe manner in the opinion of a 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

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.

Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by a Code Enforcement Officer, state the reason or reasons for issuance, and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.

Service of stop-work orders. A 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/certified mail. A 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/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

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.

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 § 118-15, Enforcement; penalties for offenses, of this chapter 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.

§ 118-7 Certificates of occupancy.

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 as specified in the New York State Uniform Fire Prevention and Building Codes. 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 a certificate of occupancy.

Issuance of certificates of occupancy. The Building Department 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, 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. All buildings, structures or work shall be inspected prior to the issuance of a certificate of occupancy. 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 Building Department, at the expense of the applicant for the certificate of occupancy, shall be provided to the Building Department prior to the issuance of the certificate of occupancy:

A written statement of structural observations and/or a final report of special inspections; and

Flood hazard certifications.

Contents of certificates of occupancy. A certificate of occupancy shall contain the following information:

The building permit number, if any;

The date of issuance of the building permit, if any;

The name, address and Tax Map number of the property;

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;

The use and occupancy classification of the structure;

The type of construction of the structure;

The assembly occupant load of the structure, if any;

If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

UNSAFE BUILDING/STRUCTURE

Any special conditions imposed in connection with the issuance of the building permit;

(10)

The signature of the inspector issuing the certificate of occupancy and the date of issuance; and

(11)

Any other additional information as may be reasonably requested by the Building Department.

Temporary certificate. The Building Department 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 Building Department issue a temporary certificate unless the Building Department determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Building Department 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 Building Department 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.

Revocation or suspension of certificates. If the Building Department 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 an inspector within such period of time as shall be specified by the Code Enforcement Officer, the Building Inspector shall revoke or suspend such certificate.

Fee. All fees established by the City Council must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate. A schedule of all such fees will be available for review in the office of the City Clerk and in the Building Department.

§ 118-8 Notification regarding fire or explosion.

The Chief of the Saratoga Springs Fire Department shall promptly notify all Code Enforcement Officers of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 118-9 Unsafe buildings and structures.

Purpose and construction. The purpose of this section is to promote and preserve the public health, safety and welfare by providing methods for repair or removal of buildings and structures that have become or shall hereafter become unsafe to the public and to the human beings that live in them. The powers conferred by this section shall be in addition to and not in limitation of other powers conferred upon the City of Saratoga Springs by state law. Any or all of the procedures described in this section may be used to remedy an unsafe structure.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Any building or structure that, from any cause, endangers the health, safety and welfare of the public, with particular reference to the New York State Uniform Fire Prevention and Building Code as a determinant.

Notice and hearing procedure.

Upon written complaint or upon the Code Enforcement Officer's own initiative that a building or structure may be unsafe, the Code Enforcement Officer shall make an inspection of the building or structure and shall file a report of said inspection with the Commissioner of Public Safety and the City Attorney.

[Amended 7-5-2017; 7-17-2018]

Upon the preliminary finding by the Code Enforcement Officer that the building or structure endangers the health, safety and welfare of the public, the Code Enforcement Officer shall serve notice upon the owner and all other persons having an interest in such building or structure.

[Amended 7-5-2017; 7-17-2018]

Contents of notice. The notice shall contain the following:

A description of the premises;

A statement of the particulars in which the building is unsafe;

An order requiring the building to be repaired or demolished;

That the repairing or demolition of the building shall commence within 30 days of the serving of the notice, as hereinafter provided, and shall be completed within 60 days thereafter;

A date, time and place for a hearing before the Code Enforcement Officer in relation to such unsafe building, which hearing shall be scheduled not less than five business days from the day of service of the notice;

[Amended 7-5-2017; 7-17-2018]

(f)

A statement that in the event of neglect or refusal to comply with the order to repair or demolish the building, the City Council is authorized to provide for its repair or demolition, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including legal expenses.

Service of notice. The notice shall be served in the following manner:

By personal service of a copy thereof upon the owner or some one of the owners, executors, legal representative, agents, lessees or any other person having a vested or contingent interest in the premises as shown by the last preceding completed assessment roll of the City, or of the County Clerk, such service to be complete and the thirty-day time period recited in said notice to commence upon service; or

By mailing a copy of said notice to such owner, and all other persons having a legal interest in the property or structure, as aforesaid by registered mail return receipt requested, addressed to the last known address of the owner and by affixing a copy of said notice to the premises, such service to be complete and the thirty-day time period recited in said notice to commence upon date of receipt.

A copy of the notice shall also be filed in the office of the Saratoga County Clerk of the county within which such building is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to article sixty-five of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or upon the consent of the City attorney.

Hearing.

[Amended 7-5-2017]

The hearing shall be conducted before the Code Enforcement Officer. The owner or his or her representative, if present, shall call such witnesses as he or she deems necessary. The Code Enforcement Officer shall make written findings of fact from the testimony offered as to whether or not the building in question is an unsafe building.

[Amended 7-17-2018]

If such owner shall neglect, fail or refuse to comply and shall fail to appear at said hearing, then the Building Inspector or the Zoning and Building Inspector or the Code Administrator shall direct the repair or demolition of the building forthwith.

If such owner shall neglect, fail or refuse to comply and after appearing at said hearing the Code Enforcement Officer finds that the building is a public nuisance and directs its repair or demolition, the owner shall repair or demolish said building within the time prescribed by the Code Enforcement Officer. If the owner fails or neglects to repair or demolish said building as directed by the Code Enforcement Officer following the hearing, then the Code Enforcement Officer shall direct the repair or demolition of same forthwith.

[Amended 7-17-2018]

Noncompliance with order. In the event of neglect or refusal of the persons so notified to comply with said order of the Code Enforcement Officer, the Code Enforcement Officer shall provide for the demolition and removal of such building either by City employees or by contract. Except in an emergency, any contract in excess of $20,000 shall be awarded by competitive bidding.

[Amended 7-5-2017; 7-17-2018; 9-17-2018]

Emergencies.

In case there shall be, in the opinion of the Code Enforcement Officer, actual and immediate danger of the falling of a building so as to endanger public safety, life or property or actual or immediate menace to health or public welfare as a result of the conditions present in or about a building, he or she shall cause the necessary work to be done to render such a building temporarily safe, whether the procedure prescribed in this law for unsafe buildings has been instituted or not.

[Amended 7-5-2017; 7-17-2018]

When emergency work is to be performed under this section, the Code Enforcement Officer shall cause the owner thereof to be served personally or by registered mail, return receipt requested, and, if served by registered mail, shall post on the premises a notice to comply containing a description of the premises, a statement of the facts in which the building is unsafe or dangerous and orders and directions to correct the conditions which constitute an emergency within a specified period not to exceed three days from actual or constructive receipt of the notice.

[Amended 7-5-2017; 7-17-2018]

In the event that the emergency does not permit any delay in correction, the notice shall state the City has corrected the emergency condition.

In both cases, the notice shall state that the corrective costs of the emergency will be assessed against the owner pursuant to the provisions of this chapter.

Uniform Fire Prevention and Building Code procedure.

Pursuant to § 10, Subdivision 4(a) of the Municipal Home Rule Law, the Code Enforcement Officers, together with their designated assistants, are hereby authorized to serve a notice of violation, together with an order to remedy said violation, upon any party described in § 382, Subdivision 2, of the Executive Law, to remedy any unsafe building or structure which violates the New York State Uniform Fire Prevention and Building Code (9 NYCRR 600 et seq.).

[Amended 7-17-2018]

Said notice and order shall specify the section or sections of the Uniform Fire Prevention and Building Code violated and shall state a time by which said violation or violations must be remedied. The notice and order shall be served upon the defendant in person or by certified or registered mail in the manner provided by law. Any person so served with notice and order shall, upon failure to remedy the cited violations within the time stated therein, be subject to the fines and penalties stated in § 382, Subdivision 2 of the Executive Law.

In addition to and not in limitation of the other provisions of this subsection, the Code Enforcement Officers, together with their designated assistants, are hereby authorized to issue appearance tickets under Article 150 of the Criminal Procedure Law, for violations of the Uniform Code as stated above.

[Amended 7-17-2018]

Court action. The imposition of fees, fines and/or a jail sentence as herein prescribed shall not preclude the City or any agent, officer or employee of the City from instituting an action for injunction or other appropriate legal action or proceedings in a court of competent jurisdiction to remedy an unsafe building or structure. In the event such an action is commenced, and the outcome is anything other than a finding in favor of the violator, the violator shall be responsible for all reasonable attorneys' fees incurred by or on behalf of the City, together with all costs and disbursements of the litigation.

Nonexclusivity of remedies. The City of Saratoga Springs, its authorized agents, officers or employees, or any or all of the same, may proceed under any subsection hereof, at any time, without respect to whether any other remedy has been imposed or sought by the City of Saratoga Springs, or any agents, officers or employees of same. The alternative remedies, fees and penalties provided for herein are not mutually exclusive, but rather may be commenced, implemented and enforced simultaneously without regard to whether any other remedies, fees or penalties have been sought or imposed.

§ 118-10 Operating permits.

Operating permits required.

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 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;

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;

Use of pyrotechnic devices in assembly occupancies;

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the City Council of the City.

(f)

Parking garages as defined in § 118-12.1 of this chapter.

[Added 1-2-2019]

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.

Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Fire Inspector. Such application shall include such information as the Fire Inspector deems sufficient to permit a determination by the Fire Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Fire Inspector 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 Fire Inspector, at the expense of the applicant.

Inspections. The Fire Inspector or an authorized inspector shall inspect the subject premises prior to the issuance of an operating permit.

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 Fire Inspector may require a separate operating permit for each such activity, or the Fire Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.

Duration of operating permits. Operating permits shall remain in effect until reissued, renewed, revoked, or suspended.

Revocation or suspension of operating permits. If the Fire Inspector 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.

Fee. Fees shall be established from time to time by the City Council and must be paid at the time of submission of an application for an operating permit, or for the reissue or renewal of an operating permit. A schedule of all such fees will be available for review in the office of the City Clerk and in the Department of Public Safety.

[Amended 6-7-2016]

§ 118-11 Firesafety and property maintenance inspections.

Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Fire Inspector or an inspector designated by the Fire Inspector at the following intervals:

Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.

Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 36 months.

Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Fire Inspector at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Fire Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Fire Inspector of any other information, reasonably believed by the Fire Inspector 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 subsection 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.

Office of Fire Prevention and Control inspections. Nothing in this section or in any other provision of this chapter 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.

Fees. A fee shall be established from time to time by the City Council and must be paid at the time of submission of an application for a firesafety and property maintenance inspection. A schedule of all such fees shall be available for review in the office of the City Clerk and the Department of Public Safety.

[Amended 6-7-2016]

§ 118-12 Complaints.

All Code Enforcement Officers 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 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:

Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

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 § 118-15, Enforcement; penalties for offenses, of this chapter;

If appropriate, issuing a stop-work order;

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.

§ 118-12.1 Condition assessment of parking garages.

[Added 1-2-2019]

Definitions. For the purposes of this section:

CONDITION ASSESSMENT

An on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure.

DETERIORATION

The weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component.

PARKING GARAGE

Any building or structure, or part thereof, in which all or any part of any structural level or levels is used for the parking or storage of motor vehicles, excluding:

Buildings in which the only level used for parking or storage of motor vehicles is on grade;

An attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and

RESPONSIBLE PROFESSIONAL ENGINEER

A townhouse unit with attached parking exclusively for such unit.

PROFESSIONAL ENGINEER

An individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations.

The professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.

UNSAFE CONDITION

Includes the conditions defined as "unsafe" in §§ 304.1.1, 305.1.1, and 306.1.1 of the 2015 edition of the International Property Maintenance Code (a publication currently incorporated by reference in 19 NYCRR Part 1226).

UNSAFE STRUCTURE

A structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction, that partial or complete collapse is possible.

Condition assessments: general requirements. The owner/operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the City, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.

Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:

New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure;

Existing parking garages shall undergo an initial condition assessment as follows:

If originally constructed prior to January 1, 1984, then prior to October 1, 2019;

If originally constructed between January 1, 1984, and December 31, 2002, then prior to October 1, 2020; and

If originally constructed between January 1, 2003, and the effective date of the rule adding this subdivision to 19 NYCRR § 1203.3, then prior to October 1, 2021.

Periodic condition assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three years.

Additional condition assessments.

If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the City shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.

If the City becomes aware of any new or increased deterioration which, in the judgment of the City, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the City shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the City to be appropriate.

Condition assessment reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the City within a specific time as fixed by the City. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:

An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;

An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;

An evaluation and description of the unsafe conditions;

An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;

An evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;

An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;

The responsible professional engineer's recommendation regarding preventative maintenance;

Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and

The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in his or her professional judgment.

Review condition assessment reports. The City shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the City shall, by order to remedy or such other means of enforcement as the City may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the City to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.

The City shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the City with a written statement attesting to the fact that he or she has been so engaged, the City shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The City shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.

This section shall not limit or impair the right or the obligation of the City:

To perform such construction inspections as are required by section 5 of this local law;[1]

[1]

Editor's Note: So in original.

To perform such periodic fire safety and property maintenance inspections as are required by section 11 of this local law;[2] and/or

[2]

Editor's Note: So in original.

To take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the City by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.

§ 118-13 Recordkeeping.

All Code Enforcement Officers shall keep permanent official records of all transactions and activities conducted by them, including records of:

All applications received, reviewed and approved or denied;

All plans, specifications and construction documents approved;

All building permits, certificates of occupancy, temporary certificates, stop-work orders, and operating permits issued;

All inspections and tests performed;

All statements and reports issued;

All complaints received;

All investigations conducted;

All other features and activities specified in or contemplated by § 118-4 through 118-12, inclusive, of this chapter; and

All fees charged and collected.

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.

§ 118-14 Program review and reporting.

Code Enforcement Officers shall annually prepare for submittal to the City Council a written report and summary of all business conducted by them, including a report and summary of all transactions and activities described in § 118-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.

The City shall annually submit to the Secretary of State, on behalf of this City, on a form prescribed by the Secretary of State, a report of the activities of this City relative to administration and enforcement of the Uniform Code.

The City 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 this City is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this City in connection with administration and enforcement of the Uniform Code.

§ 118-15 Enforcement; penalties for offenses.

Compliance orders. Code Enforcement Officers are 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 have authority to issue a compliance order. The compliance order shall be in writing; be dated and signed by the Code Enforcement Officer; specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; 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; specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. 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 registered mail/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 registered mail/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

Appearance tickets. Code Enforcement Officers and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, 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 subsection shall be recoverable in an action instituted in the name of this City.

Injunctive relief. An action or proceeding may be instituted in the name of this City, 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 chapter, 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 chapter. 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 chapter, an action or proceeding may be commenced in the name of this City, 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 subsection shall be commenced without the appropriate authorization from the City Council of this City.

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 § 118-6, Stop-work orders, of this chapter, in any other section of this chapter, 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 section, in § 118-6, Stop-work orders, of this chapter, in any other section of this chapter, 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.

Violations.

[Added 6-7-2016 ]

It shall be unlawful for any person, firm or corporation to construct, alter, remove, demolish, equip, use, occupy or maintain any building, structure or premises, or any portion thereof in violation of any of the provisions of this chapter, or to fail in any manner to comply with the lawful notice, directive or order of the Code Administrator or his or her designees.

It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure or premises, or any part thereof, in a manner not permitted by the approved building permit or certificate of occupancy.

Any and all persons or entities constructing, operating, owning, occupying, maintaining, using or permitting the use of any building, property or premises, as well as any builder, design professional, contractor, subcontractor or agent of any such person or entity, who commits or takes part in or assists in a violation of the Uniform Code or this article may be charged as provided in this article.

Penalties for offenses.

[Added 6-7-2016 ]

Unless otherwise stated herein, failure to comply with a lawful order of the Code Administrator shall be deemed a misdemeanor as defined by § 10.00, Subdivision (4), of the Penal Law, and shall be subject to a fine of not more than $250 and/or a term of imprisonment of not less than 15 days, but not to exceed one year. Each day on which a continuing violation exists is considered to be and may be charged separately as an individual offense.

The penalty for failure to obtain a building permit prior to commencement of any work shall be subject to a penalty as described below:

The first offense within a twelve-month period shall be deemed a violation of this Code, and be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of this Code.

The second and any subsequent offense(s) by the same person or entity within a twelve-month period shall be deemed a misdemeanor as defined by § 10.00, Subdivision (4), of the Penal Law, and shall be subject to a fine of not more than $1,000 and/or a term of imprisonment of not less than 15 days, but not to exceed one year. Each day on which a continuing violation exists is considered to be and may be charged separately as an individual offense.

State law option. Nothing in this article shall preclude prosecution of the Uniform Code pursuant to the New York State Executive Law or the imposition of fines or penalties contained in the New York State Executive Law or any other general law.

[Added 6-7-2016 ]

Article II Residential Occupancy Permits

§ 118-16 Purpose; applicability; inspection and certification; penalties; fees.

Definitions. The following terms shall apply in the interpretation and enforcement of this section:

AGENT

Any person who has charge, care or control of a building, or part thereof, in which rental dwelling units or rooming units are let.

DEPARTMENT

The Saratoga Springs Department of Public Safety and all Code Administrators and Fire Inspectors in that Department who act as Code Enforcement Officers under this article.

MULTIFAMILY DWELLING

Any building with three or more rental dwelling units or rooming units which is wholly or partly used or is intended to be used as habitable space for human occupants.

OWNER

Any person or entity who, alone or with others, has legal or equitable title.

RENTAL DWELLING UNIT

Any room or contiguous group of rooms located within a multifamily dwelling and forming a single, habitable living space for one or more persons and which has cooking and sanitary facilities.

ROOMING UNIT

Any furnished room for rent located within a multifamily dwelling and forming a single sleeping space and which does not have private cooking facilities.

Applicability to other laws. This article is supplementary to applicable provisions of Article I of this chapter.

Purpose and scope. The purpose of this article is to establish uniform administration and compliance with the requirements of this chapter applicable to residential occupancy permits and to establish the responsibilities of parties concerned therewith. This article shall apply to all multifamily dwellings in the City but shall not apply to:

Buildings designed and used exclusively as hotels, motels, transient homes or establishments of like nature.

Buildings in which people are cared for or live in a supervised environment, having physical limitations because of health or age.

Buildings in which people are housed for medical treatment or other care or treatment.

Buildings subject to code inspection by state officials, departments, or agencies pursuant to state law, rule or regulation.

Inspection and certification of premises; residential occupancy permit.

General.

All rental dwelling units and rooming units shall be inspected and certified by the Department, which shall determine compliance with, administer and enforce all applicable provisions of this Code and the NYS Fire Prevention and Property Maintenance Code. If the Department has determined that a property is in compliance with said codes and that all requirements under this article have been met, the Department shall issue a residential occupancy permit for that property. Residential occupancy permits shall be valid for 36 months from the date of issuance.

Except as otherwise provided herein, it shall be unlawful and a violation of this article to rent, lease or otherwise allow the occupancy of any residential rental dwelling unit or rooming unit within a multifamily dwelling without inspection, certification, and issuance of a residential occupancy permit as required herein.

If, upon inspection, said premises does not comply with all applicable provisions of this Code, the Fire Code of New York State or the Property Maintenance Code, the specific reasons for noncompliance shall be specified in writing in a notice and order, as provided herein. The notice and order shall be served as set forth herein. Occupants or proposed occupants of dwellings shall have the right to inspect the certificate of occupancy of the rental dwelling unit, or rooming unit in which they have an interest at no cost.

The Department shall have the right to inspect all or any part of a multifamily dwelling.

The officials charged with conducting the inspection shall schedule such inspection, access and circumstances permitting, within five business days of receipt of a request from the owner, agent or occupant.

An owner, agent or occupant may file a request for such inspection and the issuance of a residential occupancy permit with the Department of Public Safety.

Nothing in this article shall be construed to limit the right of the Department to inspect any property at any time. If, after issuing a residential occupancy permit, the Department receives a complaint alleging a violation of this chapter, other than a violation that creates an imminent hazard to the public health or to the physical or mental health of the occupants of the rental property, the Department shall make a good faith effort to notify the owner or agent of the complaint by either telephone or regular mail, before conducting an inspection under this article, and shall provide to the owner or agent one working day to explain what steps the owner or agent is taking to correct the violation. The Department may take steps necessary, by inspection or other means, to assure that the violation is corrected.

No residential occupancy permit shall be issued under this article unless and until the fee(s) required under Subsection G of this section is paid in full to the Department of Public Safety.

No residential occupancy permit shall be issued under this article unless the rental dwelling unit or rooming unit is an authorized use pursuant to the City Zoning Ordinance, and until all other applicable provisions and requirements of the Code of the City of Saratoga Springs are complied with and met.

Temporary residential occupancy permit. The Department may cause to be issued at its discretion a temporary occupancy permit following an initial inspection, which temporary occupancy permit shall be subject to review and revocable at the discretion of the Department. No temporary occupancy permit may be issued in cases where firesafety is involved, such as defective electrical wiring, the absence of either an operating smoke detector or, after October 1, 1996, a carbon monoxide detector where required, or improper or inadequate means of egress and other conditions of like nature.

Penalties for offenses. Any person who shall knowingly and willfully violate or assist in the violation of this article or who fails to comply with a notice and order issued by the Department of Public Safety under this article shall, upon conviction, be punished as set forth in Chapter 1, Article III, of the City Code.

Fees for inspection.

The following schedule of fees shall apply with respect to the inspection and certification of residential dwelling units and rooming units:

There shall be no charge for an initial inspection to determine compliance with the applicable provisions of this Code or for a first reinspection.

Any and all subsequent reinspections necessary to determine compliance with required corrective actions or repairs shall be subject to a fee to be established from time to time by the City Council and that must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate. A schedule of all such fees will be available for review in the office of the City Clerk, in the Department of Public Safety, and on the City’s webpage.

[Amended 6-7-2016]

Failure to appear within 15 minutes of a scheduled inspection (no show) shall result in a fee to be established from time to time by the City Council and that must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate. A schedule of all fees will be available for review in the office of the City Clerk, in the Department of Public Safety, and on the City’s webpage.

[Amended 6-7-2016]

Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection (late cancellation) shall result in a fee to be established from time to time by the City Council and that must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate. A schedule of all such fees will be available for review in the office of the City Clerk, in the Department of Public Safety, and on the City’s webpage.

[Amended 6-7-2016]

Cancellation of a scheduled inspection for the unit more than once after a no show (second cancellation) shall result in a fee to be established from time to time by the City Council and that must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate. A schedule of all such fees will be available for review in the office of the City Clerk, in the Department of Public Safety, and on the City’s webpage.

[Amended 6-7-2016]

Fees prescribed under this section for failure to appear at, and cancellation of, a scheduled inspection may be waived at the discretion of the Commissioner of Public Safety or his or her designee for good cause shown.

Unpaid fees shall be subject to the placement and recording of a lien by the City of Saratoga Springs against the inspected property.

§ 118-17 Registration; fees.

Scope. Except as hereinafter provided, this article shall apply to every multifamily dwelling, rental dwelling unit or rooming unit as defined herein, whether it is rented, let, assigned or otherwise classified as a rental property, with or without valuable consideration, by an owner-occupant, an absentee owner or a legal agent on behalf of the owner.

Registry of rental dwelling units and rooming units required. Every rental dwelling unit and rooming unit shall be registered with the City by the owner as required herein.

Reregistration. All owners shall reregister a certified rental dwelling unit or rooming unit prior to expiration of the residential occupancy permit.

Registration of existing and new rental dwelling units and rooming units.

All rental dwelling units and rooming units shall be registered. Failure to register is a violation of this article.

The owner of a new rental dwelling unit or rooming unit or any dwelling newly converted to a rental dwelling unit or rooming unit shall register the rental dwelling unit or rooming unit prior to allowing occupancy of any new rental unit.

The owner of any rental dwelling unit or rooming unit already registered with the City shall reregister within 30 days after any change occurs in registration information. A new owner of a registered dwelling unit or rooming unit shall reregister the dwelling unit within 60 days of assuming ownership.

Registry of rental dwelling units and rooming units. The City shall maintain a registry of all rental dwelling units and rooming units containing the following information which shall be provided by the owner on forms available from the Saratoga Springs Fire Department:

The name, legal residence address and telephone number of the owner and any agent in control of the rental dwelling unit or rooming unit, and, in the event the owner or agent is not a natural person, then the owner information shall be that of the President, general manager or other chief executive officer of the organization. Where more than one individual has an ownership interest, the required information shall be included for each owner. The information required herein shall also include the address and phone number where the owner(s), agent(s) and/or responsible person(s) may be reached day and night.

The number and type of rental dwelling units or rooming units in the multifamily dwelling.

The address of the multifamily dwelling.

The employer identification number in the event that the rental dwelling unit or rooming unit is owned by a corporation.

If neither the address of the owner or the address of the agent in control of the premises, as provided in Subsection A, are within the City of Saratoga Springs, the name, legal residence or business address within the City of Saratoga Springs, Saratoga County or adjoining counties and telephone number of an individual who shall be an agent for service of notices and orders issued under this article and for service of process in connection with the prosecution of violations of this article in Saratoga Springs City Court or other court of competent jurisdiction.

Fees for registration; exemptions.

To offset the administrative costs of preparing and maintaining the registry and conducting the inspections required under this article, fees shall be established from time to time by the City Council for the initial and subsequent registration of rental dwelling units and rooming units. A schedule of all such fees will be available for review in the office of the City Clerk, in the Department of Public Safety, and on the City’s webpage.

[Amended 6-7-2016]