[Amended 12-26-1989; 7-25-1994; 1-29-1996; 1-20-2004; 3-21-2005; 6-20-2005; 3-19-2007]
A.
The Department of Development of the City of Jamestown
shall administer and secure compliance with the applicable property
rehabilitation and conservation standards as provided for under this
chapter.
B.
The Department of Development shall be under the direction
and charge of the Director of Development, who shall have as his representatives
the code enforcement personnel, who shall be authorized to administer
and enforce all the provisions of the Uniform Code, the Energy Code
and the provisions of this chapter.
C.
All code enforcement personnel of the Department of
Development shall be qualified and appointed as prescribed by local
law and shall be furnished with appropriate official badges or identification
cards.
(1)
The code enforcement personnel shall possess background
experience related to building construction and/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.
D.
Powers and duties.
(1)
The Department of Development shall be charged with
the duty of administering this chapter and securing compliance therewith
and shall be empowered to adopt administrative rules and regulations
necessary for its own organization and internal management, provided
that such rules and regulations shall not be in conflict with this
chapter.
(2)
It shall be the duty of the Director of Development
and the code enforcement personnel and they shall have the power:
(a)
To receive, review, and approve or disapprove
applications for building permits, certificates of occupancy/certificates
of compliance, temporary certificates and operating permits, and the
plans, specifications and construction documents submitted with such
applications;
(b)
Upon approval of such applications, to issue
building permits, certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, and to include in building
permits, certificates of occupancy/certificates of compliance, temporary
certificates and operating permits such terms and conditions as the
code enforcement personnel may determine to be appropriate;
(c)
To conduct construction inspections, inspections
to be made prior to the issuance of certificates of occupancy/certificates
of compliance, temporary certificates and operating permits, firesafety
and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or
permitted under any provision of this chapter;
(d)
To issue stop-work orders;
(e)
To review and investigate complaints;
(g)
To maintain records;
(h)
To collect fees as set by the City Council of
the City of Jamestown;
(i)
To pursue administrative enforcement actions
and proceedings;
(j)
In consultation with the Corporation Counsel,
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
(k)
To submit to the Mayor and the City Council
an annual report of the Department of Development.
(l)
To exercise all other powers and fulfill all
other duties conferred upon the code enforcement personnel by the
Director of Development and by this chapter.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the code enforcement personnel.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(2)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(3)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(4)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(5)
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
(6)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire protection system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code, or the provisions of this chapter.
D.
Applications for building permits. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the Building and Zoning Code Enforcement Officer.
The application shall be signed by the owner of the property where
the work is to be performed or an authorized agent of the owner. The
application shall include such information as the Building and Zoning
Code Enforcement Officer deems sufficient to permit a determination
by the Building and Zoning Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(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 Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Building and Zoning Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a
building permit shall be examined to ascertain whether the proposed
work is in compliance with the applicable requirements of the Uniform
Code and Energy Code. The Building and Zoning Code Enforcement Officer
shall issue a building permit if the proposed work is in compliance
with the applicable requirements of the Uniform Code, Energy Code
and the Jamestown City Code.
G.
Building permits to be displayed. Building permits
shall be visibly displayed at the work site and shall remain visible
until the authorized work has been completed.
H.
Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents
which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Building
and Zoning Code Enforcement Officer of any change occurring during
the course of the work. The building permit shall contain such a directive.
If the Code Enforcement Officer determines that such change warrants
a new or amended building permit, such change shall not be made until
and unless a new or amended building permit reflecting such change
is issued.
I.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. Building permits shall expire 12 months after
the date of issuance. A building permit which has become invalid or
which has expired 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 and Zoning Code Enforcement
Officer.
J.
Revocation or suspension of building permits. If the
Building and Zoning Code Enforcement Officer determines that a building
permit was issued in error because of incorrect, inaccurate or incomplete
information, or that the work for which a building permit was issued
violates the Uniform Code or the Energy Code, the Code Enforcement
Officer shall revoke the building permit or suspend the building permit
until such time as the permit holder demonstrates that:
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building and Zoning Code Enforcement Officer or by an inspector authorized by the Building and Zoning Code Enforcement Officer. The permit holder shall notify the Building and Zoning Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized
by the building permit has been completed.
C.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Building and Zoning Code Enforcement
Officer is authorized to issue stop-work orders pursuant to this section.
The Building and Zoning Code Enforcement Officer shall issue a stop-work
order to halt:
(1)
Any work that is determined by the Building and Zoning
Code Enforcement Officer to be contrary to any applicable provision
of the Uniform Code, Energy Code, or Jamestown City Code without regard
to whether such work is or is not work for which a building permit
is required, and without regard to whether a building permit has or
has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Building and Zoning Code Enforcement
Officer, without regard to whether such work is or is not work for
which a building permit is required, and without regard to whether
a building permit has or has not been issued for such work; or
(3)
Any work for which a building permit is required which
is being performed without the required building permit or under a
building permit that has become invalid, has expired, or has been
suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall:
C.
Service of stop-work orders. The Building and Zoning
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.
The Building and Zoning 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.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 215-68 (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.
A.
Certificates of occupancy/certificates of compliance
required. A certificate of occupancy/certificate of compliance shall
be required for any work which is the subject of a building permit
and for all structures, buildings or portions thereof which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy/certificate of compliance.
B.
Issuance of certificates of occupancy/certificates
of compliance. The Building and Zoning Code Enforcement Officer shall
issue a certificate of occupancy/certificate of compliance if the
work which was the subject of the building permit was completed in
accordance with all applicable provisions of the Uniform Code and
Energy Code and, if applicable, that the structure, building or portion
thereof that was converted from one use or occupancy classification
or subclassification to another complies with all applicable provisions
of the Uniform Code, the Energy Code and the Jamestown City Code.
The Building and Zoning Code Enforcement Officer or an Inspector authorized
by the Director of Development shall inspect the building, structure
or work prior to the issuance of a certificate of occupancy/certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Building and Zoning Code Enforcement Officer, at the expense
of the applicant for the certificate of occupancy/certificate of compliance,
shall be provided to the Building and Zoning Code Enforcement Officer
prior to the issuance of the certificate of occupancy/certificate
of compliance:
C.
Contents of certificates of occupancy/certificates
of compliance. A certificate of occupancy/certificate of compliance
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy/certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the Building and Zoning Code
Enforcement Officer issuing the certificate of occupancy/certificate
of compliance and the date of issuance.
D.
Temporary certificate. The Building and Zoning Code
Enforcement Officer shall be permitted to issue a temporary certificate
allowing the temporary occupancy of a building or structure, or a
portion thereof, prior to completion of the work which is the subject
of a building permit. However, in no event shall the Building and
Zoning Code Enforcement Officer issue a temporary certificate unless
the Building and Zoning Code Enforcement Officer 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 and Zoning Code Enforcement Officer
may include in a temporary certificate such terms and conditions as
he or she deems necessary or appropriate to ensure safety or to further
the purposes and intent of the Uniform Code. A temporary certificate
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Code Enforcement Officer and specified
in the temporary certificate. During the specified period of effectiveness
of the temporary certificate, the permit holder shall undertake to
bring the building or structure into full compliance with all applicable
provisions of the Uniform Code, the Energy Code, and the Jamestown
City Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy/certificate
of compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
The Director of Public Safety or his/her designee
providing fire-fighting services for a property within the City shall
promptly notify the code enforcement personnel of any fire or explosion
involving any structural damage, fuel-burning appliance, chimney or
gas vent.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Tables 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
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;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the City Council.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Building and Zoning Code Enforcement
Officer. Such application shall include such information as the Building
and Zoning Code Enforcement Officer deems sufficient to permit a determination
by the Building and Zoning Code Enforcement Officer that quantities,
materials, and activities conform to the requirements of the Uniform
Code. If the Building and Zoning Code Enforcement Officer determines
that tests or reports are necessary to verify conformance, such tests
or reports shall be performed or provided by such person or persons
as may be designated by or otherwise acceptable to the Building and
Zoning Code Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Building and Zoning Code Enforcement
Officer or an inspector authorized by the Director of Development
shall inspect the subject premises prior to the issuance of an operating
permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building and Zoning Code Enforcement Officer may require a separate operating permit for each such activity, or the Building and Zoning Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Building and Zoning Code Enforcement Officer to be consistent
with local conditions. The effective period of each operating permit
shall be specified in the operating permit. An operating permit may
be reissued or renewed upon application to the Building and Zoning
Code Enforcement Officer, payment of the applicable fee, and approval
of such application by the Building and Zoning Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If
the Building and Zoning Code Enforcement Officer determines that any
activity or building for which an operating permit was issued does
not comply with any applicable provision of the Uniform Code, such
operating permit shall be revoked or suspended.
A.
Violations of such provisions of this chapter which
are specifically covered by or within the scope of the Sanitary Code
of the Chautauqua County Health District and/or the Public Health
Law of the State of New York shall be referred to the County Commissioner
of Health or his designated representative. These referrals shall
be for the following purposes: to make inspections of said referred
alleged violations and report, in writing, such findings to the Director
of Development. At the time of submitting such referral, the Director
of Development shall request that the Commissioner of Health or his
designated representative making the report inform the Director of
Development, in writing, that all or part of the violations contained
in the report will be administered by and compliance secured in accordance
with the provisions of said Sanitary Code and/or Public Health Law;
or all or part of the violations contained in the report may be administered
by and compliance secured in accordance with the provisions of the
Property Rehabilitation and Conservation Code of the City of Jamestown,
and the inspector shall cooperate with the Director of Development
to obtain compliance. The items of violation contained in the report
shall be included in any notice or order issued by the Director of
Development and in all legal proceedings pertaining thereto.
B.
Where violations of the Property Rehabilitation and
Conservation Code of the City of Jamestown exist and pose an immediate
hazard or danger to the health, safety or welfare of the building
occupants or of the public, the Director of Development or his duly
authorized representatives may issue an order citing the violation
and directing such action by the City of Jamestown as is necessary
to remove or abate the immediate hazard or danger.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
code enforcement personnel or an Inspector designated by the Director
of Development at the following intervals:
(1)
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.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
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 code enforcement personnel or an inspector designated by the Director of Development 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 Director of Development, Building and Zoning Code Enforcement Officer or code enforcement personnel of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Director of Development, Building and Zoning Code Enforcement Officer or code enforcement personnel of any other information, reasonably believed 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.
C.
OFPC 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.
D.
Identification of code enforcement personnel. Code
enforcement personnel and authorized personnel of the Department of
Development shall be supplied with official identification and shall
exhibit such identification when entering the premises and all parts
thereof.
The Director of Development, the Building and
Zoning Code Enforcement Officer or other code enforcement personnel
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 provision of the
Jamestown City Code 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 Director
of Development, the Building and Zoning Code Enforcement Officer or
other code enforcement personnel may deem to be appropriate:
A.
Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 215-61 (Notice of violation) of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
A.
The Department of Development shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy/certificates
of compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
The Director of Development shall annually submit to City Council a written report and summary of all business conducted by the Code Enforcement Officer and code enforcement personnel, including a report and summary of all transactions and activities described in § 215-59 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
A.
Notice of violation. The code enforcement personnel
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,
code enforcement personnel shall issue a notice of violation. The
notice of violation shall be in writing; be dated and signed by one
of the code enforcement personnel; 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
personnel 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; inform the person or persons to whom it is directed
of his/her right to apply within such time as may be designated in
such notice for a hearing before the Director of Development or his/her
designated representative, or he/she may appeal in such time designated
to the Property Rehabilitation and Conservation Board of Appeals.
A member of the code enforcement personnel shall cause the notice
of violation, or a copy thereof, to be served on the owner of the
affected property personally or mailed to the owner of the property
wherein the violation exists in accordance with the provisions of
New York State Civil Practice Law and Rules § 308 and New
York State Criminal Procedure Law § 150.40. Code enforcement
personnel shall be permitted, but not required, to cause the notice
of violation, 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.
B.
Appearance tickets. The code enforcement personnel
and each inspector are authorized to issue appearance tickets for
any violation of the Uniform Code.
C.
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/certificate of compliance,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Code Enforcement Officer or other code
enforcement personnel pursuant to any provision of this chapter shall
be liable to a civil penalty of not more than $200 for each day or
part thereof during which such violation continues. The civil penalties
provided by this subdivision shall be recoverable in an action instituted
in the name of this the City of Jamestown.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of the City of Jamestown, 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, the Jamestown City Code or any term or
condition of any building permit, certificate of occupancy/certificate
of compliance, 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 the City of Jamestown, 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 Mayor of the City of Jamestown.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 215-51 (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 § 215-51 (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.
Whenever the Director of Development at any
time finds that a violation of this chapter exists which requires
immediate action to abate a direct hazard or immediate danger to the
health, safety or welfare of the occupants of a building or of the
public, he may, without prior notice of hearing, issue an order citing
the violation and directing that such action be taken as is necessary
to remove or abate the hazard or danger. Such order may include an
order to vacate. Notwithstanding any other provisions of this chapter,
such an order shall be effective immediately upon service.
The Director of Development or other code enforcement
personnel may extend the compliance time specified in any notice or
order issued under the provisions of this chapter where there is evidence
of intent to comply within the period specified, provided that reasonable
conditions exist which prevent compliance within the time set forth
in the notice or order.
A.
Notice of intent to vacate. Whenever the Director
of Development determines that a building or part thereof is unfit
for human habitation or is an unoccupied hazard or is otherwise in
violation of a provision of this chapter, he shall include such finding
within a notice of violation, and he shall also include a statement
of his intent to order the premises to be vacated or not to be occupied
or to be repaired or otherwise brought into compliance and to post
necessary notices on the building or part thereof if compliance with
the provisions of the notice of violation has not been secured.
B.
Notice to vacate. Whenever compliance to a notice
of violation has not occurred, the Director of Development may post
a notice on the premises and order the premises or any part thereof
to be vacated. A copy of any such order or orders shall be served
on the owner and/or other responsible person and the occupant in the
same manner, as the case may require, as provided for serving notice
of violation.
C.
Time period to vacate. Any building or part thereof
designated as unfit for human habitation and so posted and ordered
to be vacated shall be vacated within such time as the Director of
Development may specify in the order. No such building or part thereof
shall be used for human habitation nor said posted notice removed
until written approval is secured from the Department of Development.
D.
Removal of posted notice. No person shall deface or remove the posted notice from any building or part thereof which has been designated as unfit for human habitation or an unoccupied hazard, except as provided in Subsection C.
E.
Vacated building made secure. The owner, agent, occupant
or operator of any building or part thereof which has been designated
as unfit for human habitation or an unoccupied hazard shall make such
building or part thereof safe and secure for the protection of the
public. Any vacated building open at the doors and windows, if unguarded,
shall be deemed dangerous to human life and a nuisance within the
meaning of this provision. If the owner fails to secure the building,
the City may do so and lien the property. The Director shall notify
the owner, in the same manner as provided for serving a notice of
violation, within 14 calendar days after filing of the lien with the
County Clerk.
F.
When the Director of Development or his/her agents have designated any structure or any part of it unfit for human habitation and so posted such property and ordered it to be vacated as described in §§ 215-62 or 215-64, it shall be unlawful to reenter the affected structure or any portion thereof for any use of or presence in, or to make repairs thereto pursuant to the issued notice of violation for the property, unless authorized in writing from the Director of Development or his/her agents.
A.
Notice of intent to demolish. Whenever the Director of Development designates a building unfit for human habitation or an unoccupied hazard as provided in this chapter and determines that the cost necessary to correct the violation is not reasonably related to the value of the building, he shall include within the notice of violation a statement of his intent to order the demolition of the structure. A copy of such notice shall be served on the owner or designated agent recorded with the Jamestown City Clerk/Treasurer prior to the service of any notice and shall contain notice of the right to appeal. The owner may demolish such structure or correct the violation regardless of cost, provided that the requirements of Chapter 140, Fire Prevention and Building Construction, and this chapter in effect at the time of attempted compliance are satisfied and all such corrections are undertaken in such a manner as to reasonably assure complete compliance within a period of time agreed upon between the Department of Development and the property owner.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B.
Order to demolish. Whenever compliance to a notice of violation has not occurred, the Director of Development may order the building demolished. Such order shall be served on the same parties provided in Subsection A and in the same manner as provided for service of notice of violation, and demolition shall be completed within the time specified by the Director but not less than 30 days from the date of service of the order, unless the Director of Development deems that the property is an immediate hazard or emergency situation, in which case the property may be demolished at any time specified by the Director. For the purpose of this subsection, an immediate hazard or emergency situation exists when conditions present a danger to the health, safety or welfare of the occupants or public.
C.
Order to make repairs or demolish. Whenever compliance
to a notice and order to remove a violation or secure, vacate or demolish
a building has not occurred and when such failure to comply is deemed
by the Director of Development to constitute a seriously dangerous
nuisance, he may proceed to cause the structure to be demolished,
repaired, altered, secured or vacated or take such other legal action
as is necessary to abate the nuisance. Abatement authorized by this
subsection shall not commence until 30 days after service of such
order upon the owner or his representative, except as otherwise provided
in this chapter.
[Amended 9-25-2017]
Expenses incurred pursuant to the preceding sections of this chapter shall be paid by the owner of the premises. The Director of Development shall file among his records an affidavit stating with fairness and accuracy the items of expense and the date of execution of actions authorized by this Part 2. The Director may institute a suit to recover such expenses or may cause such expenses to be charged against the property as a lien upon the real property in accordance with the provisions of § 215-76.
No officer, agent or employee of the City of
Jamestown, New York, shall be personally liable for any damage that
may accrue to person or property as a result of any official determination,
order or action required or permitted in the discharge of his duties
under this chapter. The City of Jamestown shall indemnify and hold
harmless any such officer, agent or employee for any of the above
actions which occurred in the scope of the officer's, agent's or employee's
duty with the City of Jamestown.[1]
[Amended 10-22-2007; 3-23-2009]
A.
Violation
of this chapter shall be punishable by any of the following or combination
thereof:
B.
For the
purpose of this section, each day that an offense occurs shall be
deemed to be a separate offense and shall be punishable by any of
the above remedies or combination thereof for each day that the property
remains in violation.
C.
Any person
who shall neglect to cut and remove weeds, grass or other vegetation
as directed in this chapter, who shall fail, neglect or refuse to
comply with the provisions of any notices herein provided, or who
shall resist or obstruct the Code Enforcement Officer in the cutting
and removing of weeds, grass and other vegetation, or grading, if
necessary, shall, upon conviction thereof, be subject to a fine of
not less than $25 nor more than $100, and each day on which said violation
continues shall constitute a separate offense.
D.
Notwithstanding
the foregoing provisions of this section, violations of provisions
of this chapter, except as outlined above, shall be punishable as
follows: Upon a determination of guilt by the City Court Judge of
a violation of any provision of this chapter, the fine shall not be
less than $125 for a first offense, not be less than $250 for a second
offense within a three-hundred-sixty-five-day period following the
initial determination of violation and not be less than $500 for a
third or subsequent offense within a three-hundred-sixty-five-day
period following the initial determination of violation, which fine
shall not be suspended, waived or otherwise reduced below these amounts.
The Corporation Counsel or his designee may,
upon complaint of the Director of Development or upon his own motion,
institute appropriate action to restrain, prevent, enjoin, abate,
correct or remove violations of this chapter and to take such other
legal action as is necessary to carry out the terms and provisions
of this chapter. In the event that the Corporation Counsel or his
designee shall decline to prosecute any violations of this chapter,
he shall submit to the Director of Development, in writing, his legal
justifications thereof within five business days. The remedies provided
for herein shall be cumulative and not exclusive and shall be in addition
to any other remedies provided by law. Any and all remedies may be
pursued concurrently or consecutively, and the pursuit of any remedy
shall not be construed as an election or the waiver of the right to
pursue any and all of the others.
A.
There is hereby created a Property Rehabilitation
and Conservation Board of Appeals consisting of nine members, each
appointed for terms of three years, and at the expiration of such
terms, the terms of office of their successors shall be three years,
except that the members of such Board first appointed shall be appointed
for terms in a manner such that the term of three members expire in
one year, three members' terms expire in two years and three members'
terms expire in three years. In addition, one City Council member
shall be appointed by the Council President to serve as a liaison.
All appointments to fill vacancies shall be for the unexpired term.
The Board shall choose its own Chairman, and the Director of Development
or his duly authorized representative shall act as Secretary but shall
not vote on any issues presented to the Board. It shall be the duty
of the Secretary to prepare an agenda and minutes for each meeting
which briefly explain the nature of each matter to be considered by
the Board, and he shall send a copy of said agenda to each member
of the Board and to the Corporation Counsel. The Board shall meet
upon call of the Chairman. Appointments to the Board shall be made
by the Mayor, subject to confirmation by the Jamestown City Council.
B.
A majority of the total membership of the Board shall
constitute a quorum and a majority vote of the members present at
a given meeting shall be sufficient to render a determination.
C.
The Property Rehabilitation and Conservation Board
of Appeals shall hear and determine matters referred to the Board
by the Director of Development or his duly authorized representative
or appeals from any person presented with a notice of violation in
accordance with the provisions of this Part 2. Any person seeking
relief from the Board following a notice of violation must file a
notice of appeal with the Director of Development or his duly authorized
representative of his/her desire to appeal to the Board prior to the
expiration of the time limit for compliance stated in the notice of
violation.
D.
It shall be the function of the Board to review and
investigate each matter and/or appeal. The Board shall have the authority
to modify the application of the provisions of this chapter when strict
enforcement would result in practical difficulties or unnecessary
hardship. If the Board determines the violation is proper and the
individual has been afforded a reasonable opportunity to correct the
violation, the Board shall communicate its determination to the Director
of Development and to Jamestown City Court. The Board will not have
the authority to impose penalties.
Wherever under this chapter the Director of
Development is given authorization to sign certain notices and orders,
including but not limited to notices of violation and orders to demolish,
the Building and Zoning Code Enforcement Officer or two senior-most
code enforcement personnel of the Department of Development shall
have concurrent authority to sign such notices or orders, regardless
of the presence or absence of the Director of Development from the
City at the time such notices or orders are signed.