City of Jamestown, NY Administration

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.

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.

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.

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;

(f)

To issue notices of violation pursuant to § 215-61, Notice of violation of this chapter;

(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.

§ 215-49 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 code enforcement personnel.

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.

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.

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.

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.

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.

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 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.

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.

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:

(1)

All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and

(2)

All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 175-3 of the Jamestown City Code 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.

§ 215-50 Construction inspections.

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.

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.

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. The fee specified in or determined in accordance with the provisions set forth in § 175-3 of the Jamestown City Code must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 215-51 Stop-work orders.

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.

Content of stop-work orders. Stop-work orders shall:

(1)

Be in writing;

(2)

Be dated and signed by the Building and Zoning Code Enforcement Officer;

(3)

State the reason or reasons for issuance; and

(4)

If applicable, state the conditions which must be satisfied before work will be permitted to resume.

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.

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 § 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.

§ 215-52 Certificates of occupancy; certificates of compliance.

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.

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:

(1)

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

(2)

Flood hazard certifications.

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.

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.

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.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 175-3 of the Jamestown City Code must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.

§ 215-53 Notification regarding fire or explosion.

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.

§ 215-54 Unsafe buildings or structures.

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.

§ 215-55 Operating permits.

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.

(2)

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 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.

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.

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.

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.

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.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 175-3 of the Jamestown City Code must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 215-56 Referral to County Commissioner of Health; immediate hazards.

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.

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.

§ 215-57 Firesafety and property maintenance inspections; access to premises.

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.

(3)

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 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.

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.

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.

§ 215-58 Complaints.

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:

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 § 215-61 (Notice of violation) 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.

§ 215-59 Recordkeeping.

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;

(8)

All other features and activities specified in or contemplated by §§ 215-49 through 215-58, inclusive, of this chapter; and

(9)

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.[1]

[1]

Editor's Note: See Ch. 220, Records, Public.

§ 215-60 Program review and reporting.

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.

§ 215-61 Notice of violation.

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.

Appearance tickets. The code enforcement personnel 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/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.

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.

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.

§ 215-62 Emergencies.

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.

§ 215-63 Extension of compliance time.

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.

§ 215-64 Vacation of unfit premises.

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.

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.

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.

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.

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.

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.

Any person violating § 215-64 shall be charged with trespassing and be subject to the penalties under § 215-68.

§ 215-65 Demolition of unfit premises.

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]

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.

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.

§ 215-66 Expenses.

[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.

§ 215-67 Liability of City.

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]

[1]

Editor's Note: See also Ch. 15, Defense and Indemnification of Officers and Employees.

§ 215-68 Penalties for offenses.

[Amended 10-22-2007; 3-23-2009]

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.

(4)

A conditional discharge.

(5)

An unconditional discharge.

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.

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.

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.

§ 215-69 Duties of legal officer.

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.

§ 215-70 Board of Appeals.

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.

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.

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.

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.

§ 215-71 Authority of code enforcement personnel.

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.