[1]
Editor's Note: This ordinance was introduced as Ord. No. 9-2006.
A.
The Code Enforcement Officer 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 or 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;
B.
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.
A.
The Code Enforcement Officer shall annually submit to
the Secretary of State, on behalf of this City, on a form prescribed by the
Secretary of State, a report of the activities of this City relative to administration
and enforcement of the Uniform Code.
B.
The Code Enforcement Officer shall, upon request of the
New York State Department of State, provide to the New York State Department
of State, from the records and related materials this City is required to
maintain, excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this City in connection with administration
and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is 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, the Code Enforcement Officer shall issue a compliance
order. The compliance order shall be in writing; be dated and signed by the
Code Enforcement Officer; 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 Officer deems to be reasonably necessary for achieving
compliance; direct that compliance be achieved within the specified period
of time; and state than an action or proceeding to compel compliance may be
instituted if compliance is not achieved within the specified period of time.
The Code Enforcement Officer shall cause the compliance order, or a copy thereof,
to be served on the owner of the affected property personally or by registered
mail or certified mail. The Code Enforcement Officer shall be permitted, but
not required, to cause the compliance 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 being performed at the affected property personally or by registered
mail or certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the compliance
order.
B.
Appearance tickets. The Code Enforcement Officer and
each Inspector are authorized to issue appearance tickets for any violation
of the Uniform Code.
C.
Civil penalties. In addition to those penalties proscribed
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 or certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued by the Code
Enforcement Officer 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 the City of Batavia.
D.
Injunctive relief. An action or proceeding may be instituted
in the name of this City, 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, or any term or condition
of any building permit, certificate of occupancy or 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 this City 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 subdivision shall be commenced without
the appropriate authorization from the City Council.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 51-8, 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 § 51-8, 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.
A fee schedule shall be established by resolution of the City Council.
Such fee schedule may thereafter be amended from time to time by like resolution.
The fees set forth in, or determined in accordance with, such fee schedule
or amended fee schedule shall be charged and collected for the submission
of applications, the issuance of building permits, amended building permits,
renewed building permits, certificates of occupancy or certificates of compliance,
temporary certificates, operating permits, fire safety and property maintenance
inspections, and other actions of the Code Enforcement Officer described in
or contemplated by this chapter.
A.
Any City official shall be authorized, in the performance
of his or her duties, to conduct inspections of premises, or parts of premises,
at such times and in such manner as the City official may find convenient
or necessary, with the consent of the person in possession or occupancy.
B.
If admission is refused or cannot be obtained from the
person in possession or occupancy, the City official shall be authorized to
obtain a warrant to make an inspection, provided that reasonable or probably
cause is shown.
C.
In case of an emergency, the City official may, without
a warrant, enter any premises, or parts of premises, to inspect the same,
at any time, without the permission of the person in possession or occupancy.
The City Council of the City of Batavia may, by resolution, authorize
the City Manager to enter into an agreement, in the name of this City, with
other governments to carry out the terms of this chapter, provided that such
agreement does not violate any provision of the Uniform Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
