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.
Unsafe structures and equipment in the City of Jamestown shall be identified and addressed in accordance with the procedures established by §§
215-64 and
215-65 of this chapter, as now in effect or as hereafter amended from time to time.
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.
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.
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.
[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.
[Amended 10-22-2007; 3-23-2009]
A. Violation
of this chapter shall be punishable by any of the following or combination
thereof:
(1) Imprisonment
for not more than 30 days.
(2) Actual
cost of the work performed to bring property into compliance.
(3) A fine
of not more than $1,000.
(5) An
unconditional discharge.
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.
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.