[Amended 2-12-2007 by Ord. No. 1-2007[1]]
[1]
Editor's Note: This ordinance was introduced as Ord. No. 9-2006.
This chapter shall be known and may be cited as the "City of Batavia Building Code Enforcement Ordinance."
This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the City of Batavia. This Chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions in this chapter.
As used in this chapter, the following terms shall have the meaning indicated:
BUILDING PERMIT
A permit issued pursuant to § 51-6 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF OCCUPANCY or CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 51-7 of this chapter.
CITY
The City of Batavia, New York.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 51-4 of this chapter.
CODE ENFORCEMENT PERSONNNEL
Includes the Code Enforcement Officer and all personnel designated by the Director of Public Works.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 51-17A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 51-4D of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 51-12 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 51-6 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 51-9D of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
A. 
The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review and approve or disapprove applications for building permits, certificates of occupancy or certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy or certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy or certificates of compliance, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy or 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;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to Subsection A of § 51-17, Violations, of this chapter;
(7) 
To maintain records;
(8) 
To direct applicants to the City Clerk for the payment of fees as established by the City Council;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with this City's Attorney, 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
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B. 
The Code Enforcement Officer shall possess background experience related to building construction 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, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Director of Public Works to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter.
D. 
One or more Inspectors may be appointed by the Director of Public Works to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. If such Inspectors perform duties of the Code Enforcement Officer and certifies work on their own, the Inspector 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, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
No officer or employee of the Bureau of Inspection shall engage in any activity inconsistent with his or her duties or with the interests of the Bureau of Inspection; nor shall be or she, during the term of his or her employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building, or the preparation of plans or specifications thereof, within the City of Batavia, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him or her and not constructed for sale.