[Amended 6-22-1998]
This article shall provide the method for administration and enforcement of Subchapters C and F contained in the New York State Uniform Fire Prevention and Building Code in the City of Oswego and further establishes powers and duties and responsibilities in connection therewith.
A. 
The Department, along with the Oswego City Fire Department, shall conduct periodic firesafety inspections of existing building structures or premises for compliance with the provisions of the New York State Uniform Fire Prevention and Building Code according to the following schedule:
[Amended 6-22-1998]
(1) 
The Department and the Oswego Fire Department shall inspect all existing buildings or structures containing areas of public assembly once every 12 months.
(2) 
The Housing Inspector shall inspect all rental properties at least once every three years.
[Amended 8-10-1998]
(3) 
The Director of Code Enforcement and the Oswego Fire Department shall inspect all buildings and structures open to the general public once every two years, starting in 1990.
(4) 
The Director and/or Building Inspector shall inspect all municipal buildings once every 12 months.
B. 
No regular periodic inspections will be conducted or required of owner/occupied single-family residences unless at the invitation of the owner or where conditions of the premises threaten or present a hazard to public health, safety or welfare.
C. 
The owner, lessee, tenant, manager or operator of any building or premises shall permit the Department to enter and inspect his building or premises.
[Amended 6-22-1998]
D. 
If entrance to make an inspection is refused or cannot be obtained, the Department may apply to any court of competent jurisdiction for a warrant to make an inspection.
[Amended 6-22-1998]
E. 
In the case of an emergency, the Department may, without warrant, enter any premises or part of premises to inspect the same at any time without the permission of the person in possession or occupancy.
[Amended 6-22-1998]
All places of public assembly shall be posted for occupancy based on the floor area and number of exits. This shall be posted in a conspicuous location at all times. It shall be the responsibility of the owner, manager or person in charge to ensure that the occupancy does not exceed the posted number.
[Amended 6-22-1998; 8-8-2011]
A. 
Owners and lessors, or their respective agents, of premises shall file with the Department, on the registration forms available, the following information:
(1) 
The names and addresses of the owner and lessor and of their respective agents upon whom the violation order may be served.
(a) 
Owners and lessors who reside 25 miles or more from City Hall must designate a local agent who shall be authorized to act as the owner's or lessor's agent for any matters related to the owner's or lessor's rental permit(s), including but not limited to authorization to receive and respond to notices from the City of Oswego and to receive service of process in any action or proceeding brought by the City of Oswego against the owner or lessor.
(b) 
Any such agent who is designated by an owner or lessor of premises must reside or do business within 25 miles from City Hall and must provide the City of Oswego with a local address and telephone number.
(2) 
A description of the property, by street and number or otherwise, as will enable the Housing Inspector to locate the same.
(3) 
Such other appropriate information as may be requested, including but not limited to number of units, number and type of rooms, together with a typical floor layout of the units and rooms with appropriate designations and identifications.
(4) 
The rental permit fee shall be established by resolution of the Common Council.
B. 
Commencing July 11, 1998, it shall be unlawful to occupy or use any premises unless and until a rental permit shall have been issued by the Department certifying that such premises conforms to the housing standards, except that a temporary certificate may be issued upon showing, to the satisfaction of the Department, that remedial action is being taken to correct violations. Commencing on the effective date of this chapter, a ninety-day period is hereby established, whereby the Department shall accept registration forms without penalty to the owner, lessor or respective agent of premises.
C. 
Rental permits shall be valid for three years from the date of issuance. Owners and lessors, or their respective agents, shall, upon request, make available a copy of said permit to the person(s) in possession or occupancy.
D. 
A permit may be revoked, by written notice thereof, if, upon an inspection, the premises are found to be in violation of the housing standards.
E. 
Inspections.
(1) 
The Department is authorized to conduct inspection of premises or parts of premises at such times and in such manner as the Department may find convenient or necessary, with the consent of the person in possession or occupancy, to ensure compliance with the housing standards.
(2) 
If admission is refused or cannot be obtained from the person in possession or occupancy, the Code Enforcement Officer is authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.
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 demolition of any structure shall not commence before an application for a demolition permit has been completed and approved and a demolition permit issued by the Department.
[Amended 6-22-1998]
B. 
A certificate of insurance in the amounts of $100,000 and $300,000 must accompany the application.
C. 
A site plan showing distances to property lines and adjoining buildings must accompany the application.
D. 
Proof of ownership of the property must accompany the application.
E. 
Adjoining neighbors must be notified at least seven days prior to the start of demolition.
F. 
All services (electrical, gas, water and sewer) must be properly terminated. The gas service must be capped in accordance with Niagara Mohawk requirements. The water and sewer must be capped and inspected by the Plumbing Inspector prior to backfill.
G. 
The Department shall be notified of the dumping site for the building materials.
[Amended 6-22-1998]
H. 
At the end of the workday, there shall be no debris laying about the site. Steps shall be taken to secure the site from unauthorized entry.
I. 
Steps shall be taken to keep the work site dust free.
J. 
Upon completion of backfilling, the area shall be suitably landscaped and seeded.
K. 
A filing fee will be charged for a demolition permit and the issuance of a demolition compliance form. The fee charged will be based on the cost of demolition.
[Amended 6-22-1998]
L. 
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]
[Amended 6-22-1998]
A. 
Firesafety permits for the storage, handling, transport or disposal of any material that is combustible, flammable, explosive, hazardous, infectious or radioactive shall be issued by the Director of Code Enforcement.
B. 
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]