The Code Enforcement Officer appointed by the
Common Council shall administer and enforce all provisions of this
chapter. No building permit required under the New York State Uniform
Fire Prevention and Building Code shall be issued unless the project
meets all standards and criteria in this chapter. If no building permit
is required to undertake a project or land use, the Code Enforcement
Officer shall be responsible for ensuring that the project or land
use meets all the standards and criteria of this chapter.
A. Procedures and forms. The Common Council shall make
and adopt such procedures and forms as necessary for the proper enforcement
and administration of this chapter and to secure its stated purposes
and intent. The Common Council may delegate the responsibility to
prepare such procedures and forms to the Code Enforcement Officer
subject to approval by the Common Council before such forms and procedures
are utilized. The procedures and forms shall not be in conflict with
the provisions of this chapter or any other chapter of the city. The
procedures and forms as approved by the Common Council shall be kept
on file in the office of the Code Enforcement Officer and/or the City
Clerk and available to the public.
B. Assistants. The Common Council may appoint Code Enforcement
Officer assistants or deputies to assist the Code Enforcement Officer
with such powers and responsibilities as the Common Council deems
appropriate. The use of the term "Code Enforcement Officer" also includes
his or her duly authorized and appointed assistants or deputies, if
any.
The Code Enforcement Officer shall have the
following powers and duties:
A. Inspections. The Code Enforcement Officer shall have
the right to enter and inspect any building or enter upon any land
at any reasonable hour as necessary in the execution of these duties,
subject to the following conditions:
(1) The Code Enforcement Officer should make efforts in
good faith to notify the owner and/or tenant before conducting any
inspection.
(2) The Code Enforcement Officer should display proper
identification upon commencing an inspection.
(3) Inspections should be conducted in the presence of
the owner or the owner's representative or tenant if he/she so requests
in writing. A written report of each inspection shall be prepared
and kept on file in the office of the Code Enforcement Officer. A
copy of the inspection report shall also be sent to the owner or the
owner's representative.
B. Records. The Code Enforcement Officer shall maintain
files in his office, the Building Department or the City Clerk's office,
open to the public, of all applications for certificates of compliance,
special use permits, building permits, certificates of occupancy or
use, inspection reports, any and all plans submitted, as well as finial
certificates and permits. The Code Enforcement Officer shall also
maintain records of every complaint of a violation of the provisions
of this chapter as well as any action taken as a result of a complaint
of violation.
C. Maintenance of Zoning Map. The Code Enforcement Officer
shall maintain for use by the public an up-to-date Zoning Map showing
all district boundaries.
D. Report to the Common Council. The Code Enforcement
Officer shall, each month, submit to the Common Council a written
report summarizing for the preceding calendar month all permits and
certificates issued as well as the number of violations recorded,
action taken on violations, and the number and types of inspections
conducted.
E. Certificate of compliance.
(1) In all districts, the Code Enforcement Officer shall
issue a certificate of compliance before:
(a)
Any structure coming under the provisions of
this chapter is erected, reconstructed, structurally altered or moved
(excluding usual maintenance or repair);
(b)
Any change in use occurs in an existing building;
(c)
Any change in use occurs in a nonconforming
building;
(d)
Any land is used or a use is established.
(2) Nothing in this provision shall be interpreted to
supersede the requirements of any chapter enacted by the Common Council,
or the requirements of any applicable state law, with respect to the
administration and enforcement of the New York State Uniform Fire
Prevention and Building Code.
(3) All applications for a certificate of compliance shall
be accompanied by such sketch plans or supporting documentation as
the Code Enforcement Officer may be required to determine compliance
with this chapter. The Common Council may establish a fee for a certificate
of compliance.
(4) The certificate of compliance shall state that the
proposed structure or land use complies with all provisions of this
chapter.
F. Building permits. The Code Enforcement Officer shall
be responsible for issuing building permits as required by the New
York State Uniform Fire Prevention and Building Code. The Code Enforcement
Officer shall follow the procedures established under the Uniform
Code as well as determine full compliance with this and other chapters
prior to issuing a building permit.
G. Certificate of occupancy. In all districts and any
overlay zone, no building or structure for which a building permit
has been issued shall be occupied or used unless the Code Enforcement
Officer issues a Certificate of Occupancy. The Certificate of Occupancy
shall state that the building or structure fully complies with the
requirements of the New York State Uniform Fire Prevention and Building
Code as administered by the City of Hornell, this chapter and the
terms of any variance, special use permit or site plan approval properly
granted under the procedures established by this chapter.
H. Issuance of notices of violation. Whenever in the
opinion of the Code Enforcement Officer and after proper inspection
there appears to exist a violation of any provision of this chapter
or any procedure adopted pursuant thereto, the Code Enforcement Officer
shall serve written notice upon the appropriate person responsible
for the alleged violation. This notice shall inform the recipient
of the following:
(1) The nature and specific details of the violation.
(2) The date by which the violation must be remedied or
removed, which period shall not exceed 30 days from the date of notice.
I. Issuance of stop-work orders. Whenever the Code Enforcement
Officer has reasonable grounds to believe that work on any building
or structure or any use of land is occurring either in violation of
the provisions of this chapter, not in conformity with any application
made, permit granted or other approval issued hereunder, or in an
unsafe or dangerous manner, the Code Enforcement Officer shall promptly
notify the appropriate person responsible to suspend work on any such
building or structure or the use of any such land. Such person shall
immediately suspend such activity until the time that the stop order
has been rescinded. The order and notice shall be in writing, shall
state the conditions under which the work or use may be resumed, and
may be served upon the person to whom it is directed either by delivering
it personally to that person or by posting the stop order upon a conspicuous
portion of the building under construction or premises in use and
additionally sending a copy of the same by certified mail.
J. Taking of emergency action. If in the opinion of the
Code Enforcement Officer a violation exists which requires immediate
action to avoid a direct hazard or imminent danger to the health,
safety or welfare of occupants of a building or to other persons or
the environment, the Code Enforcement Officer may direct that such
violation be immediately remedied or may take direct action on his/her
own initiative to abate the hazard or danger. Any costs incurred by
such action shall be paid for by the owner, occupant or person responsible
for the violation. The Code Enforcement Officer shall keep on file
an affidavit stating the items of expense and date of execution of
action taken and is furthermore authorized to institute a suit, if
necessary, against the person liable for such expenses, or place a
lien against property, in order to recover the said costs.
Violation by any person, firm or corporation
of any provision or requirement of this chapter or violation of any
statement, plan, application, permit or certificate approved under
the provisions of this chapter shall be considered an offense, and,
upon conviction thereof, penalties shall be imposed as provided elsewhere
in this Code. Each day that a violation is permitted to exist shall
constitute a separate offense.
The lawful use of any building existing at the
time of the enactment or amendment of this chapter may be continued
although such use does not conform to the requirements for the district
in which it is located.
A. Unsafe structures. Any building declared unsafe by
a competent authority may be restored to a safe condition.
B. Extension. A nonconforming use can not be extended.
C. Completion. Any building authorized by a building
permit issued prior to the enactment of this chapter may be constructed
in accordance with such permit and the plans on file and approved
by the Common Council, provided that the foundation is completed at
the time this chapter is enacted or amended and the structure is completed
one year thereafter.
D. Restoration. Any nonconforming building which has
been damaged by fire or other causes must be repaired or rebuilt within
one year from the date the damage occurred; otherwise, it cannot be
rebuilt.
E. Abandonment. Whenever a nonconforming use of a building
or land has been inoperative for any reason whatever for a period
of one year, such use shall not thereafter be reestablished.
F. Changes. A nonconforming use may be changed to a nonconforming
use of the same or higher classification; and when so changed to a
higher classification, such use thereafter shall not be changed to
a lower classification.
Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the more restrictive or that ordinance
imposing the higher standards shall govern.
All amendments to this chapter shall be in accordance
with the provisions of the General City Law and the City Charter applicable
thereto. Such amendments shall require an advisory review by the Planning
Board consistent with procedures for such review established by the
Common Council. In the absence of such procedures, the Planning Board
shall have 30 days from receipt of a proposed amendment to forward
to the Common Council such written advisory review.