The Building Inspector, the Zoning Officer,
or their duly appointed representatives of the City of Schenectady
are authorized and empowered to enforce the requirements of this chapter.
The Zoning Officer shall cooperate with the Building Inspector to
coordinate enforcement and inspection activities so as to achieve
the greatest efficiency and avoid duplication of efforts.
A.
No building or structure shall be erected, enlarged,
structurally altered, demolished, moved or removed, wholly or partly,
and no excavation for any building, structure or use shall be made
without obtaining a building permit in accordance with the requirements
of the City of Schenectady Building Code.
B.
Such building permit shall be issued only where the
accompanying application, plans, drawings and specifications are in
full conformity with the provisions of this chapter.
A.
It shall be unlawful to use or permit the use of any
building or premises or part thereof, hereafter created, erected,
converted or enlarged, wholly or partly, in its use or structures,
unless a certificate of occupancy shall have been issued by the Building
Inspector in accordance with the requirements of the Building Code
of the City of Schenectady.
B.
Such certificate shall show that such building or
premises or part thereof and the proposed use thereof are in conformity
with the provisions of this chapter.
The Building Inspector, the Zoning Officer or
their duly appointed representatives are authorized to inspect and
examine any building, structure, place or premises in the City of
Schenectady to determine compliance with the provisions of this chapter.
In performing such inspections, the Building Inspector, Zoning Officer
or their duly appointed representatives shall have the right of entry.
[Amended 3-23-2009 by Ord. No. 2009-02]
Except as hereinafter provided, no building
permit or certificate of occupancy involving new construction or expansion
in bulk or floor area of any existing building or structure or the
change in intensity of use of an existing building or structure shall
be issued by any officer, department or employee of the City unless
the application for such permit has been examined by the Zoning Officer
and has affixed to it a certificate of the Zoning Officer indicating
that the proposed building or structure complies with all the provisions
of this chapter. Any building permit or certificate of occupancy issued
in conflict with the provisions of this chapter shall be null and
void.
A.
No officer, agent or employee of the City, including
any member of the Planning Commission, Board of Zoning Appeals and
Historic Districts Commission, shall be liable for any damages that
may result to persons or property as a result of any act, decision
or determination required or permitted under this chapter.
B.
Costs shall not be allowed against any such officer,
agent or employee of the City, or Board or Commission, unless it shall
be determined by a court of competent jurisdiction that such individual,
Board or Commission acted with gross negligence or in bad faith or
with malice in carrying out the powers and duties required or permitted
in this chapter.
C.
Any suit brought against the City as a result of any
act required or permitted in the implementation of this chapter shall
be defended by the Corporation Counsel of the City until the final
determination of the proceedings thereon.
A.
The City Council shall establish a schedule of fees
for zoning amendments, special permits, appeals and variances and
other matters pertaining to this chapter. The schedule of fees shall
be available for public inspection in the office of the Building Inspector
and Zoning Officer and may be amended only by the City Council. This
schedule may be amended by resolution of the City Council.
B.
Until all applicable fees have been paid in full,
no action shall be taken on any application or appeal. No fee shall
be refunded except as may be authorized by the City Council in the
establishment of a fee schedule.
