[Amended 6-22-1998]
The purpose of this chapter is to establish
a Department of Code Enforcement and to designate personnel and procedures
in the enforcement and administration of the New York State Uniform
Fire Prevention and Building Code in accordance with Title 19 of the
New York Codes, Rules and Regulations, Part 444.
A.
There is hereby established a Department of Code Enforcement
within the City of Oswego government which shall administer and enforce
the provisions of the New York State Uniform Fire Prevention and Building
Code and this chapter within the City of Oswego.
B.
The position of Director of Code Enforcement is hereby
established. He/she shall be appointed by the Mayor, with the approval
of the Common Council.
[Amended 8-10-1998]
[Amended 8-10-1998]
The Mayor shall appoint one or more inspectors,
as the need may appear, to act under the supervision and direction
of the Director of Code Enforcement and to exercise any portion of
the powers and duties of the Director of Code Enforcement as he/she
may direct. The compensation of such inspectors shall be by their
respective contract, and each inspector shall have the training and
experience necessary to perform the duties assigned.
In the absence of the Director of Code Enforcement
or in the case of his/her inability to act for any reason, the Mayor
shall have the power to designate the Building Inspector to act on
behalf of the Director of Code Enforcement and to exercise all the
powers conferred upon him/her by this chapter.
No officer or employee of the Department of
Code Enforcement shall engage in any activity inconsistent with his/her
duties or with the interests of the Department of Code Enforcement;
nor shall he/she, during the term of his/her office or employment,
be engaged directly in any building business, in the furnishing of
labor, material or appliances for the construction, alteration or
maintenance of a building or the preparation of plans or specifications
thereof within the City of Oswego, except that this provision shall
not prohibit any officer, inspector or employee from such activities
in connection with the construction of a building or structure owned
by him and not constructed for sale or rent.
A.
Except as otherwise specifically provided by law,
ordinance, rule or regulation or except as herein otherwise provided,
the Director of Code Enforcement shall administer and enforce all
provisions of the New York State Uniform Fire Prevention and Building
Code and laws, ordinances, rules and regulations applicable to the
construction, alteration, repair, removal and demolition of buildings
and structures and the installation and use of materials and equipment
therein and the location, use, occupancy and maintenance thereof.
B.
He/she shall receive applications, issue, deny and
revoke building permits and certificates of occupancy or compliance
for the erection, alteration, removal and demolition of buildings
or structures or parts thereof.
C.
He/she shall issue or cause to have issued written
orders to remedy violations of this chapter or the New York State
Uniform Fire Prevention and Building Code and other laws, ordinances,
rules and regulations.
D.
He/she shall make or cause to be made all inspections
which are necessary to ensure compliance with the New York State Uniform
Fire Prevention and Building Code or the Charter of the City of Oswego,
except that he/she may accept written reports of inspection from inspectors
or employees or other agency and inspection bureaus, provided that
the same are certified by a responsible official thereof.
E.
He/she shall issue or cause to have issued special
permits for the storage and handling of hazardous, flammable, combustible
or explosive materials, liquids and gases and set fees for permits.
This is to coincide with the Fire Department.
F.
Permit applicants with outstanding violations or unpaid monies.
(1)
No
such permit shall be granted to or renewed for an applicant who is
in violation of any City of Oswego code, ordinance or local law (hereinafter
"violations") or who owes property taxes, water or sewer fees, special
assessments, fines for violations of City ordinances or any other
fees or past due monies of any name or nature owed to the City of
Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(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 permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(2)
Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
A.
The Director of Code Enforcement shall keep permanent
official records of all transactions and activities conducted by the
Department of Code Enforcement, including all applications received,
plans approved, permits and certificates issued, fees charged and
collected, inspection reports, all rules and regulations promulgated
and notices and orders issued.
B.
The Director of Code Enforcement shall annually submit
to the Mayor and Common Council a written report of all business conducted
by the Department of Code Enforcement.
