A. Whenever the words "dwelling" and "dwelling unit," "rooming house," "rooming unit," "premises" and "structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

B. Whenever the phrase "any provision of this chapter" is used in this chapter, it shall be construed as though it were followed by the words "or any rule or regulation adopted pursuant thereto."

C. Whenever the words "Code Enforcement Bureau" are used, it shall be construed to mean or be equivalent to "Director of Code Enforcement and/or Code Enforcement Inspector."

D. As used in this chapter, the following terms shall have the meanings indicated:

ATTIC—The space between the top of the uppermost floor construction and underside of the roof.

BASEMENT—The portion of a building located partly underground with less than 50% of its floor-to-ceiling height below the average grade of the adjoining ground.

BOARD—The Housing Board of Appeals.

CELLAR—A portion of a building located partly or wholly underground with at least 50% or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.

DETERIORATED or DETERIORATING LOCATION—Code Enforcement shall make a determination on each site visit that a property or building is deteriorated and define and document the reason for this determination according to one of more conditions: cracks in the foundation, multiple broken windows, defective construction, lack of proper sanitary facilities or adequate fire or safety protection, illegal uses and conversions, inadequate maintenance, abandoned building(s), and/or obsolete systems of utilities which hamper or impede proper development.

DIRECTOR OF CODE ENFORCEMENT—The Code Enforcement Officer of the City of Binghamton who is the Chief Administrator of the City of Binghamton's Code Enforcement Bureau.

DWELLING—Any building, except for temporary housing, which is used or intended to be used for living or sleeping by human occupants.

EMERGENCY SITUATION—Where the condition of a building, structure, or any part thereof is an imminent, immediate, and substantial danger to the health or safety of occupants and/or the general public. Such conditions include, but are not limited to, fire hazards, falling or dilapidated buildings, structures, or any part thereof, loss of significant water, heat, ventilation, or a lack of sanitary conditions.

EXTERMINATION—The elimination or control of insects, rodents or other pests by eliminating their harborage places or potential harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or any other recognized and legal pest elimination methods approved by the Code Enforcement Bureau.

GARBAGE—The animal or vegetable waste resulting from handling, preparation, cooking and the consumption of food or any other organic decomposable matter.

GRASS MEDIAN—The area of land that is located between the sidewalk and the curb of the street.

HABITABLE ROOM or HABITABLE FLOOR SPACE—A room or an enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes. Areas that shall not be considered habitable space include bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors or public halls, closets, and storage spaces.

HEARING OFFICER—The Mayor, Deputy Mayor, or any member of the City administration or resident of the City of Binghamton designated in writing for that purpose by the Mayor, excluding any member of the Code Enforcement Department.

INFESTATION—The presence, within and around a dwelling, of insects, rodents or other pests.

MULTIPLE DWELLING—Any dwelling containing more than two dwelling units.

OCCUPANT—Any person, over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit, unless otherwise provided.

OPERATOR—Any person who has charge, care or control of a building, or a part thereof, in which units are let.

OWNER—Any person who, alone or jointly or with others (1) shall have legal title (including through a land contract) to any dwelling or dwelling unit, with or without accompanying possession thereof, or (2) shall have charge, care or control of any dwelling or dwelling unit as either owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any person thus representing the actual owner according to the definition provided shall be bound to comply with the provisions of this chapter to the same extent were he or she the owner.

PERSON—Any responsible party, land contractee, individual, firm, corporation, association, partnership or any other similar entity.

PLUMBING—Includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

RENTAL UNIT—Any dwelling, dwelling unit, rooming house or rooming unit not solely occupied by the owner.

REPRISAL

ROOMING HOUSE—Any dwelling or that part of the dwelling containing one or more rooming units in which space is let by the owner or operator to four or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

ROOMING UNIT—Any room or group of rooms forming a single habitable unit or intended to be used for living and sleeping. Rooming units shall not contain cooking or kitchen facilities and shall not be used for cooking and eating purposes.

RUBBISH—Combustible or noncombustible waste material except for garbage. "Rubbish" shall include but not be limited to the residue of burning wood, coal, coke and other combustible materials such as rags, paper, cartons, boxes, wood, excelsior, tree branches, grass and dust.

STRUCTURE—A combination of materials other than a building that forms a construction that is safe and stable and includes, among other things, stadiums, gospel or circus tents, reviewing stands, platforms, staging, observation towers, radio towers, sheds, storage bins, walls, fences and display signs.

SUPPLIED—Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING—Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities on the same premises for more than 30 consecutive days.

UNOCCUPIED HAZARD—Any building or part thereof which remains unoccupied for a period of more than six months with either doors, windows or other openings broken, removed, partially boarded or subject to entry; or any building under construction upon which little or no construction work has been performed for a period of eight months or more and which remains open and/or subject to entry.

UNREGISTERED and/or UNLICENSED VEHICLES—Any vehicle, including a tractor and trailer, without a currently valid license plate or plates or which is in either a wrecked, discarded, dismantled, inoperative or abandoned condition and is not in a condition where it may be used on a public highway. An expired inspection sticker or lack of a current inspection sticker shall be presumptive evidence that a vehicle is not in a condition capable of being used on a public highway. Vehicles capable of being driven on a public highway and offered for sale by a automobile dealer duly licensed by the State of New York Department of Motor Vehicles to sell automobiles shall not be considered unregistered and/or unlicensed vehicles when offered for sale at the dealer's place of business as stated in his application for an automobile dealers license to the Commissioner of Motor Vehicles.

A. The Code Enforcement Bureau is authorized and directed to enter and inspect at all reasonable times, or at such times as may be necessary in an emergency, all dwellings, dwelling units, rooming houses or units, and premises located within the City of Binghamton both to determine whether such dwellings are in compliance with this chapter and to safeguard the health and safety of the occupants and the general public in accordance with Subsection B.

B. The Code Enforcement Bureau shall enter and inspect a dwelling, dwelling units or premises, either upon request to and with the permission and at the convenience of the lawful owner, or upon the complaint and/or invitation of an occupant, or by an order of a judge of competent jurisdiction directing that the Code Enforcement Bureau shall have access for the purpose of making the inspection. The Code Enforcement Inspector shall, at the time of his or her inspection, leave a copy of the inspection worksheet with the resident of each specific unit so inspected. Where an immediate threat to health or safety is found in a building that affects more than one unit, a copy of the inspection worksheet shall be forwarded to the residents of the units affected.

C. The Code Enforcement Bureau is authorized to make application to the Binghamton City Court for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner, tenant or occupant refuses or fails to allow an inspection of his or her rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all its respects comply with the applicable laws of the State of New York.

D. Nothing in this section, except for provisions concerning emergency inspections, shall be deemed to authorize the Director of Code Enforcement or the Code Enforcement Bureau to conduct an inspection of any premises subject to this chapter without the consent of the owner, tenant or occupant of the premises or without a warrant duly issued by a court of competent jurisdiction.

A. Whenever the Fire Marshall, Director of Code Enforcement and/or a Code Enforcement Officer determines that there are reasonable grounds to believe there has been a violation of any provision of this chapter or any rule or regulation adopted thereto, he or she shall give notice of the alleged violation to the person or persons responsible according to the procedures set forth in this chapter. The notices shall:

B. Should any violations for which a person is cited fail to be corrected within the required time period, the Code Enforcement Director shall be authorized to issue an appearance ticket for such violation, returnable in City Court.

A. The Director of Code Enforcement of the City of Binghamton shall adopt such rules and regulations as may be deemed necessary for the enforcement of the provisions of this chapter during normal working hours and at such time as may be necessary in an emergency.

B. Within the City of Binghamton, this chapter shall apply to:

C. The provisions of the Plumbing Code (Chapter 310, Article II), the Fire Prevention Code (Chapter 235), the Zoning Ordinances of the City of Binghamton (Chapter 410), the Multiple Residence Law of the State of New York, where applicable, the Electrical Code of the City of Binghamton (Chapter 225), along with the National Electrical Code, Chapter 163 of the Code of the City of Binghamton, and any other New York State or local law, ordinance or regulation issued by the proper authorities thereof shall be applicable to all installations, alterations and repairs to buildings, and materials, assemblies and equipment utilized in connection therewith, and shall be enforced through and by the procedures provided herein. All repair and construction work shall be done in a manner acceptable to the Code Enforcement Bureau.

D. Upon motion of Corporation Counsel, and upon a finding by the Court that justice so requires, the Court may assess an appropriate fine in an amount less than $1,000 and/or may sentence a defendant to an appropriate conditional discharge in lieu of jail.

A. Intent. In order to properly administer and inspect residential rentals in the City of Binghamton, the City hereby creates a Rental Registration Program for all “Rental Property” and “Rental Units” as defined below, except for a “Dwelling, Two-Unit,” Rental Properties (i.e. two-family houses) where one unit is occupied by the Owner.

B. Definitions.

C. Registration required.

D. Fees. The Owner will pay a Rental Registration fee in the amount of fifty ($50) dollars for up to two Rental Units and twenty-five ($25) dollars for each additional Rental Unit. The Rental Registration fee is non-refundable. The fee for the initial inspection, see § 265-6.J(6) below, shall be included in the Rental Registration Application fee.

E. Record of Rental Registration.

F. Confirmation, revocation and modification.

G. Change of Owner information or ownership.

H. Implementation, effective dates.

I. Triennial Inspection

J. Violations. It shall be a violation of this Ordinance (i) if the Owner fails to register any Rental Property/Rental Unit(s); (ii) a Record of Rental Registration is revoked; or (iii) the Owner fails to notify the City Clerk of any change in ownership information or ownership; then any person or entity convicted of such violation will be liable for a fine of $250, plus payment of the fees for Rental Registration and inspection, if any, for a first offense; $500, plus payment of the fees for Rental Registration and inspection, if any, for a second offense within one year of the first offense; and $1,000, plus payment of the fees for Rental Registration and inspection, if any, for each offense thereafter within one year of the first offense. Each violation for each Rental Property shall constitute a separate offense.

A. The owner of a rental unit shall be responsible to keep every part of a dwelling and the lot on which it is situated in good repair, clean and free from vermin, rodents, dirt, filth, garbage and other materials dangerous to health (see § 265-15F).

B. The owner or operator of a rental unit shall be responsible to maintain all required and supplied facilities and services and all other pieces of equipment in good repair, free from defects, in a clean and sanitary fashion, in good working condition, and operable at all times except in emergencies and for repairs.

C. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter or supplied to be removed from or shut off from or discontinued from any occupied rental unit except for temporary interruption as may be necessary while actual repairs are in progress, or during emergencies.

D. No owner or operator shall cause to be rented any dwelling unit for which the occupant pays for all or part of his or her utilities unless said utility service serves only the occupant's unit and is separately metered.

E. No owner shall cause utilities to be terminated from any dwelling of two units or more unless the owner has provided each rental unit with separate utility services and meters for each such utility to be terminated.

F. No owner or operator shall cause any utility service which is in his or her name or for which he or she is responsible to be terminated from any dwelling without first giving the occupants of each such dwelling unit notice in writing of 60 days or the duration of the lease, whichever is longer, of his or her intention to terminate service.

G. All rental housing property owners or agents thereof not residing in said building shall have on file with the Code Enforcement Bureau the name of a person residing in Broome County who can be contacted throughout the calendar year when the owner is not available in cases of emergency.

A. Maintenance of property in sanitary condition.

B. Liability for violations.

C. Every occupant of a dwelling unit shall keep all plumbing, cooking, electric, and all other fixtures and facilities required by this chapter in a clean and sanitary fashion and shall also be responsible for the exercise of reasonable care in the proper use and operation. This liability on the part of the occupant shall not relieve the owner by law except in cases where the defect is caused by the willful act, assistance or negligence of the occupant, any member of his or her family or household or guests.

D. Every occupant of a dwelling unit shall be responsible to limit the occupancy of that part of the premises which he or she occupies or controls to the maximum permitted by this chapter and other ordinances. The Director of Code Enforcement shall issue a thirty-day notice to correct this situation as a prerequisite to any other enforcement provisions in this chapter.

E. Every occupant shall keep exits from his or her dwelling unit clear and unencumbered.

F. Reprisal against occupants.

G. Payment for repairs.

A. Every dwelling unit shall contain a minimum of 150 square feet of habitable floor space for the first occupant and at least 100 additional square feet of floor space for each additional occupant.

B. In every dwelling unit of two or more rooms, every room occupied for sleeping shall:

C. Every habitable room shall have a ceiling height of at least seven feet in at least 50% of the floor area. In cases where the ceiling height is less than three feet, the floor area underneath shall not be considered in determining maximum permissible occupancy.

D. No basement shall be used as a habitable room unless:

E. No cellar space shall be used as or considered habitable space.

F. No attic shall be used as habitable space unless it meets with the applicable provisions of the New York State Fire Prevention and Building Code.

G. In this section, each occupant 15 years of age and older shall be counted and calculated as one person; children under 15 shall be½a person; and infants up to one year shall not be counted.

A. Smoke detectors.

B. Means of egress.

C. In every multiple dwelling three or more stories in height, there shall be at least two independent means of egress accessible on the same story from each apartment or suite. In lieu of a second means of egress, a sprinkler system may be installed in the public halls and stairs.

D. Every owner of every rental unit shall be responsible to ensure that each unit is safe and secure by providing a lock for each door leading directly into each unit and by providing that all first-floor and basement windows are not capable of being opened from the outside. All locks shall be attached to a door that is in good repair, and the key to the lock of a unit must be given to the occupant of the unit.

E. Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted to dwelling occupancy and containing four or fewer units shall be supplied with conveniently located light switches which control an adequate lighting system that may be turned on when needed.

F. All two-family structures three or more stories in height must have fire-retardant cellar ceilings and, in cases where the attic area is used solely as a habitable unit, have two independent means of egress. In lieu of a second means of egress, a sprinkler system may be installed in the public halls and stairs.

A. Every plumbing fixture required and referred to in this chapter shall be connected to a potable water supply and to a sewer system in a manner to comply with the Plumbing Code (Chapter 310, Article II) and ordinances of the City of Binghamton.

B. Every dwelling unit shall have supplied water heating fixtures which are properly installed to both hot and cold water lines and which are capable of heating water to at least 120° F. to permit an adequate amount of water and water pressure to be drawn at every refixture in each rental and dwelling unit.

C. Every dwelling unit shall contain amongst its rooms which afford privacy, by means of an operable door or a flush water closet, a lavatory basin, and a bathtub or shower. However, a lavatory basin may be omitted if existing structural conditions preclude installation.

D. Every dwelling unit shall contain a kitchen sink.

E. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good, sanitary and working condition, free from defects, leaks and obstructions.

F. Every bathroom and water closet compartment converted or installed after the effective date of this chapter shall comply with the light and ventilation requirements for habitable rooms contained in this chapter.

G. Every water closet compartment floor surface shall be constructed and maintained so as to be reasonably impervious to water and to permit it to be kept clean and sanitary.

A. Every habitable room shall have a minimum of one or more windows or skylights facing directly to the outdoors that are equal to at least 1⁄8 of the floor surface of the room and are able to be easily opened.

B. A window shall not be deemed to face directly outdoors or be included as contributing to the required minimum total window area whenever walls or other portions or structures face the window and are located within three feet from the window and extend to the ceiling.

C. Every habitable room of every dwelling or rental unit shall either possess at least one electrical receptacle for every 20 linear feet of the total distance around the room as measured horizontally along the floor line of the wall type.

D. Every outlet and fixture shall be properly installed and connected to a source of electric power in a safe manner.

E. In every rental unit, every occupant shall have access to his or her disconnecting means and overcurrent protection at all times, including their utility meters, furnace and hot water tanks, wherever located at all times.

F. Heating facilities.

G. Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide entry for rodents shall be supplied with a screen or another similar device to prevent their entrance.

H. From May 1 to October, entrances to residential buildings (other than single-family owner-occupied) shall be provided with a minimum of one self-closing device or screen per room. Windows and other openings, including doors used for ventilation, shall be appropriately screened.

I. Upon receipt of notice from utility companies that they intend to shut off service to a rented apartment(s) due to lack of payment by the landlord/property owners responsible for said service, the Code Enforcement Bureau will send a notice to the landlord/property owner advising that the discontinuance of utility service to occupied unit(s) without proper notice (see § 265-7F) is a violation of this code. Should a final notice of the intent to discontinue service be received, an appearance ticket shall be issued by the Code Enforcement Bureau to said offender. Should service be discontinued, an emergency order will then be issued.

A. Interior surfaces.

B. Every foundation, floor, wall and ceiling shall be weathertight and rodentproof; shall be capable of affording privacy; and shall be kept in good repair. Ceilings, walls, floors and all public areas shall be free from any serious defects such as severe bulging or leaning, large holes, loose surface material, severe or noticeable movement under normal stress, and missing parts or other serious damage.

C. All exterior wall structures, doors, basement hatchways, and windows shall be maintained to prevent excessive heat loss during the winter months by the installation of insulation, weather stripping, or other devices reasonably calculated to prevent excessive loss. Where excessive heat loss is preventable by the use of other methods than permanent storm windows or factory-produced energy efficient windows, the property owner shall initiate a request to the Housing Board of Appeals. It shall be the responsibility of the property owner to demonstrate that the proposed solution shall be compliant with state fire and building codes and demonstrate sufficient insulating value without the loss of minimum ventilation and provide access to the exterior in cases of emergency. If the tenant pays for the heat, the storm windows shall be provided from October 1 to May 1.

D. The roof structure shall be firm, weather tight and watertight.

E. Every structure or dwelling which has a controlled method of disposal of water from roofs such as gutters and downspouts shall be maintained in good repair.

F. Every inside and outside stair, porch and appurtenance shall be constructed and maintained to be safe to use and capable of supporting the load that normal use may place on it. Guardrails, at least 33 inches in height with openings between balusters or balustrades no greater than six inches, shall be provided on all open postings of stairs, balconies, landings and stairwells where there are four or more steps or where more than 33 inches above surrounding ground or floor level. Stairs less than 44 inches in width shall be provided with a handrail on at least one side, and if 44 inches or more in width, on both sides; said handrails shall be started at the first tread, both top and bottom, and shall have no obstruction tending to break a handhold.

G. All exterior surfaces, including chimneys and accessory buildings, shall be repaired, painted, coated, treated, sealed, pointed, sandblasted, or chemically cleaned or sealed when the surfaces require the above-stated maintenance to prevent or retard deterioration or weathering, to avoid health or safety hazards, or to promote an attractive appearance and prevent a substantial depreciation to the integrity of the neighborhood.

H. Residential, commercial and industrial buildings and properties, whether vacant or occupied, and accessory structures, shall be maintained in conformity with the provisions of this chapter to promote an attractive appearance, prevent a substantial depreciation to the integrity of the neighborhood, or prevent health or safety hazards.

I. The public sidewalks abutting upon private property shall be maintained and repaired by the owner of the property in accordance with the following provisions:

J. Maintenance of property.

K. Surface and subsurface water shall be directed so as not to impact adjacent buildings and properties or create ponding situations. Runoff shall not be drained over sidewalk areas.

A. Legislative findings and purpose. It is the finding of the Common Council that vacant buildings are unsightly, unsafe, and have a negative effect on the community. Unfortunately, many buildings, once vacant, remain that way for years. The purpose of this article is to establish a program for identifying and registering vacant buildings, to set forth the responsibilities of owners of vacant buildings, and to speed the rehabilitation of vacant buildings.

B. Definitions. Unless otherwise expressly stated, the following terms will, for the purpose of this article, have the meanings indicated in this section:

EMERGENCY SITUATION—Where the condition of a building, structure, or any part thereof is an imminent, immediate, and substantial danger to the health or safety of occupants, emergency responders, and/or the general public. Such conditions include, but are not limited to, fire hazards, falling or dilapidated buildings, structures, or any part thereof, loss of significant water, heat, ventilation, or a lack of sanitary conditions.

ENFORCEMENT OFFICER—Any duly authorizing City of Binghamton employee of the Office of Building and Construction, Code Enforcement/Fire Marshal’s Office, or designated representative of Planning, Housing and Community Development.

OWNER—The person, persons, or entity shown to be the owner or owners on the records of the City of Binghamton Department of Assessment, those identified as the owner or owners on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, administrator, trustee, lessee, other person, firm or corporation in control of the premises. Any such person will have joint and several obligations for compliance with the provisions of this article.

SECURED BY OTHER THAN NORMAL MEANS—A building secured by means other than those used in the design and approved plans for the building.

UNOCCUPIED—A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by an enforcement officer. In determining whether a building is unoccupied, the Enforcement Officer may consider these factors, among others: (i) whether lawful residential or business activity has ceased; (ii) the percentage of the overall square footage of the occupied to unoccupied space or the overall number of occupied and unoccupied units; (iii) the building is substantially devoid of contents or the minimal value of fixtures or personal property in the building; (iv) the building lack utility services; (v) the building is subject to a foreclosure action; (vi) duration of vacancy; and/or (vii)the presence or reoccurrence of code violations.

UNSECURED—A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders.

VACANT BUILDING—A building, a portion of a building, or a structure which is any one or more of the below:

C. Vacant building registration.

D. Maintenance.

E. Exemptions. A building which has suffered fire damage or damage caused by extreme weather conditions will be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Code Enforcement/Fire Marshal Office. This request will include the following information supplied by the owner:

F. Inspections. By registering a vacant building, an owner consents to an Enforcement Officer inspecting the premises for the purpose of enforcing and assuring compliance with the provisions of this article. Upon the request of the Enforcement Officer, an owner will provide access to all interior portions of a vacant building in order to permit a complete inspection. Nothing contained herein, however, will diminish the owner's right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Enforcement Officer or his or her designee in order to enable such inspection, and the Enforcement Officer will be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises after having been advised of his or her constitutional right to refuse entry without same. In the case of an emergency this section will not apply.

G. Annual reports. Once a year, the Office of Buildings and Construction or Code Enforcement/Fire Marshal’s Office will send to the Mayor and to the Common Council a list of all buildings in the City declared vacant under the provisions of this article, as well as a list of all previously declared vacant buildings which are no longer subject to the provisions of this article. This information may be published on the City’s website.

H. Penalties for offenses. Any person violating any provision of this Vacant Building Registry, including failure to register, any provision of Chapter 133 or of the Uniform Fire Prevention and Building Code, or providing false information to the Enforcement Officer will be subject to the following fines:

A. Every rental unit shall have adequate rubbish and garbage storage facilities of a kind sufficient to meet the requirements of the Department of Public Works and the county health department for garbage and rubbish collection and disposal.

B. Disposal facilities; container size.

C. Every occupant of a rental unit shall dispose of all his or her garbage and other organic waste in garbage disposal facilities or garbage storage containers. It shall be the owner's responsibility to supply facilities or containers for all rental units.

D. It shall be prohibited to store or accumulate garbage, debris or refuse in public halls, porches or stairways. All garbage, debris and refuse shall be disposed of in a safe and sanitary manner.

E. No refrigerator may be discarded, abandoned or stored in a place accessible to children without first removing any locking devices or the hinges of the door or the door itself.

F. Extermination of insects; rodents and other pests.

G. No garbage or rubbish designated for disposal shall be placed at the curbline earlier than the evening preceding the normal garbage collection day.

A. Designation by Director. Any rental unit or dwelling which is found to have any of the defects listed below may be condemned as unfit for human habitation and so designated and placarded by the Director of Code Enforcement:

B. Service contents. An order designating the premises as unfit for human habitation shall be served upon the owner personally or by certified mail, return receipt requested, and to all occupants personally or by regular mail, and posted in a conspicuous place on the building. The order of designation shall set forth the reasons for the designation and specify the time, date and place of the hearing to be held on the matter. The notice to the occupants must set forth the occupants' right to be heard at the hearing, the possible consequences of the hearing, including that the building may be closed and the occupants required to vacate by a particular date, if known.

C. Hearing. A hearing shall be held within seven days of service upon the owner to review the designation as unfit by the Director. A hearing officer shall be appointed by the Mayor to preside. The owner, occupants and any other interested parties may appear and give testimony. The hearing officer, after considering all the evidence, may sustain, modify or revoke the order of the Director designating the premises as unfit for human habitation.

D. Decision. The decision of the hearing officer shall be in writing and mailed to all interested parties. It shall specify the reasons for sustaining, modifying or revoking the designation of the Director. Any premises condemned as unfit for human habitation, and so designated, shall be placarded and vacated within the time ordered by the hearing officer.

E. Reoccupation. No rental unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from the Director of Code Enforcement stating that the defect or defects upon which the condemnation and placarding action were based have been corrected.

F. No person shall deface or remove the placard from any rental unit which has been condemned as unfit for human habitation and placarded except as provided for in Subsection E above.

A. No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house unless it is in compliance with the provisions of this and every section of this chapter except for those § 265-12B, C and D that refer to water facilities and plumbing.

B. Whenever upon inspection of any rooming unit or house the Code Enforcement Bureau finds that conditions or practices exist which it believes are in violation of any provision of this chapter or any other law or ordinance which is applicable, the Code Enforcement Bureau shall give notice of the violation according to the provisions outlined in § 265-4 of this chapter.

C. Every rooming house shall have supplied water heating fixtures which are properly installed to both hot and cold water lines and which are capable of heating water to at least 120° F. to permit an adequate amount of water to be drawn at every required fixture in the rooming house.

D. There shall be a minimum of one flush water closet, lavatory basin, and a shower supplied for each six persons or fraction residing within the rooming house, including the owner's family when they share the facilities. In rooming houses where rooms are let only to males, a maximum of 50% of the required water closets may be flush urinals. All facilities shall be accessible from common halls or passages, and facilities may not be located in the basement or cellar.

E. All bathroom facilities shall be cleaned and disinfected at least twice per week, and all shared kitchen facilities shall be cleaned and disinfected at least once per week.

F. The operator of every rooming house shall change supplied bed linen and towels at least once per week and prior to letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

G. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings as well as the sanitary maintenance of every other part of the entire premises in conformity with the minimum requirements of this chapter.

H. Every provision of this chapter which applies to rooming houses shall apply to hotels except to the extent that any provision that conflicts with the laws of this state or with the lawful regulations of any state board or agency.

A. Any person found guilty of violating or assisting in the violation of any provisions in § § 265-16 and 265-17 of this chapter, or any person who shall have been served with a written order of the hearing officer and who shall fail to comply with the order, shall be guilty of a violation and liable for a fine not exceeding $1,000 or by imprisonment for a period of not more than 15 days, or both.

B. Any person found guilty of violating or assisting in the violation of any provision in § § 265-16 and 265-17 of this chapter or any person who shall have been served with a written order of the hearing officer and who shall fail to comply for the second or more time in a two-year period shall be guilty of a misdemeanor and liable for a fine of not less than $500 nor $2,000 or by imprisonment for a period of not more than six months, or both.

C. Except as provided for in § § 265-6 of this chapter and Subsections A and B above, whenever a person has been convicted three or more times for the violation of any provision of this chapter within five years, such person shall be punished by a fine of $1,000 and may additionally be punished by imprisonment not to exceed 15 days' incarceration, except as provided for by Subsection D.

D. Upon motion of Corporation Counsel, and upon a finding by the Court that justice so requires, the Court may assess an appropriate fine in an amount less than $1,000 and/or may sentence a defendant to an appropriate conditional discharge in lieu of jail.

E. Inspection fees for multiple inspections and repeat offenders.

A. Notwithstanding the availability of any other remedies or the enforcement of the provisions of this Code, the penalties set forth in Subsection B herein below shall be imposed for any conviction of any of the following offenses:

B. Upon conviction of any of the above-enumerated offenses, the following penalties shall be imposed:

C. Notwithstanding the availability of any other remedies or the enforcement of the provisions of this Code, the penalties set forth in Subsection D herein below shall be imposed for any conviction of any of the following offenses:

D. Upon conviction of any of the offenses enumerated in Subsection C, the following penalties shall be imposed:

E. Nothing contained herein shall preclude the Court from, in its discretion, imposing an appropriate amount of community service in lieu of the penalties described in Subsections B and D, or in addition to said penalties. The appropriate amount of community service shall be not less than five hours per $25 worth of the mandatory minimum fines enumerated in Subsection B hereinabove.

A. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the City of Binghamton existing on the effective date of the ordinance from which this chapter is derived, the provision which establishes the higher standard for the promotion and protection of health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with any other ordinance or code of the City of Binghamton existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail; and the other ordinances or codes are declared to be repealed to the extent that they may be found to be in conflict with this chapter.

B. Notwithstanding the availability of other remedies for enforcement of the provisions contained in this chapter, the Building Code (Chapter 200), Plumbing Code (Chapter 310, Article II), Fire Prevention Code (Chapter 235) and Zoning Ordinance (Chapter 410) of the City of Binghamton, and in other state and local laws, ordinances or regulations enforced by the Department, the remedies and enforcement procedures set forth in this chapter are made available to enforce the provisions of the above-enumerated codes and laws and shall be deemed cumulative to other enforcement procedures and remedies.

C. If any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid for any reason whatsoever, the decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions are declared to be severable.

A. Buildings in which the only level used for parking or storage of motor vehicles is on grade;

B. An attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and

C. A townhouse unit with attached parking exclusively for such unit.

A. The Code Enforcement Officer, Building Inspectors, and Code Inspectors (collectively “Code Enforcement Officer”) shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement Officer shall have the following powers and duties:

B. The Code Enforcement Officer is appointed by the Mayor in compliance with the rules of the New York State and City of Binghamton Civil Service. 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 Department of State 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 Mayor in compliance with the rules of the New York State and City of Binghamton Civil Service 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 local law.

D. One or more Code Inspectors may be appointed by the Mayor of this City 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 local law. Each Code 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 Code Inspector shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.

E. The compensation for the Code Enforcement Officer and Code Inspectors shall be fixed from time to time by the City Council of this City.

A. Building Permits Required. Except as otherwise provided in subdivision (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 Officer.

B. Exemptions. No Building Permit shall be required for work in any of the following categories:

C. Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

D. Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the 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 Code Enforcement Officer deems sufficient to permit a determination by the 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:

E. 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 paragraph (5) of subdivision (d) 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 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.

F. 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 Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

G. 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.

H. 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 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.

I. Time limits. Building Permits shall become invalid unless the authorized work is commenced within six (6) months following the date of issuance. Building Permits shall expire twelve (12) months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

J. Revocation or suspension of Building Permits. If a 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.

K. Fee. The fee specified in or determined in accordance with the provisions set forth in § 265-41 (Fees) of this local law 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.

A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by a Code Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection.

B. Elements of work to be inspected. The following elements of the construction process shall be inspected made, where applicable:

C. 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.

D. Fee. The fee specified in or determined in accordance with the provisions set forth in § 265-41 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.

A. Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt:

B. Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the 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.

C. Service of Stop Work Orders. The 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 or by certified mail. The 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 certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order.

D. 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.

E. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (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 section 16 (Violations) of this local law 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.

A. Certificates of Occupancy or Certificates of Compliance are required. A Certificate of Occupancy or 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].

B. Issuance of Certificates of Occupancy or Certificates of Compliance. The 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 and Energy Code. The Code Enforcement Officer or a Code Inspector authorized by the Code Enforcement Officer or Code Inspector 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 Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy/Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy/Certificate of Compliance:

C. Contents of Certificates of Occupancy/Certificates of Compliance. A Certificate of Occupancy/Certificate of Compliance shall contain the following information:

D. Temporary Certificate. The 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 Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The 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 (6) 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 and the Energy Code.

E. 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.

F. Fee. The fee specified in or determined in accordance with the provisions set forth in § 265-41 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy/Certificate of Compliance or for Temporary Certificate.

A. Operation Permits required. Operating Permits shall be required for conducting any activity listed in paragraphs (1), (2), or (3) below or operating any type of building or structure listed in paragraphs (4), (5), or (6) below:

Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (A) shall be required to obtain an Operating Permit prior to commencing such activity or operation.

B. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the 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 Code Enforcement Officer, at the expense of the applicant.

C. Inspections. The Code Enforcement Officer or a Code Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit.

D. Multiple Activities. In any circumstance in which more than one activity listed in subdivision (A) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities.

E. 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 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 Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.

F. Revocation or suspension of Operating Permits. If the 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.

G. Fee. The fee specified in or determined in accordance with the provisions set forth in § 265-41 (Fees) of this local law 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.

A. Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or a Code Inspector designated by the Code Enforcement Officer at the following intervals:

B. Inspections permitted. In addition to the inspections required by subdivision (A) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or a Code Inspector designated by the Code Enforcement Officer at any time upon:

C. OFPC Inspections. Nothing in this section or in any other provision of this local law 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 section 156-e and Education Law section 807-b. Notwithstanding any other provision of this section to the contrary:

D. Fee. The fee specified in or determined in accordance with the provisions set forth in § 265-41 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC.

A. performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

B. 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 section 265-40 (Violations) of this local law;

C. if appropriate, issuing a Stop Work Order;

D. 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.

A. Definitions. For the purposes of this section:

CONDITION ASSESSMENT—An on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure.

DETERIORATION—The weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component.

PARKING GARAGE—Any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:

PROFESSIONAL ENGINEER—An individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations.

RESPONSIBLE PROFESSIONAL ENGINEER—The professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.

UNSAFE CONDITION—Includes the conditions identified as “unsafe” in section 304.1.1, section 305.1.1, and section 306.1.1 of the 2015 edition of the International Property Maintenance Code (a publication currently incorporated by reference in 19 NYCRR Part 1226).

UNSAFE STRUCTURE—A structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.

B. Condition Assessments—general requirements. The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (c) of this section, periodic condition assessments as described in subdivision (d) of this section, and such additional condition assessments as may be required under subdivision (e) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the City, in accordance with the requirements of subdivision (f) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.

C. Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows:

D. Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years.

E. Additional Condition Assessments.

F. Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the City within forty-five (45) days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:

G. Review Condition Assessment Reports. The City shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the City shall, by Order to Remedy or such other means of enforcement as the City may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the City to take any other enforcement action, including but not limited to suspension or revocation of a parking garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.

H. The City shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the City with a written statement attesting to the fact that he or she has been so engaged, the City shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The City shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.

I. This section shall not limit or impair the right or the obligation of the City:

A. The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:

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 Mayor and City Council of this City a written report and summary of all business conducted by the Code Enforcement Officer and the Code Inspectors, including a report and summary of all transactions and activities described in section 265-38 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending, ongoing, or concluded.

B. 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.

C. 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. Orders to Remedy. 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 local law. An Order to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following:

“The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by _____ [specify date], which is thirty (30) days after the date of this Order to Remedy.”

The Order to Remedy may include provisions ordering the person or entity (owner or operator) served with such Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this local law or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the Order to Remedy, 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 within five (5) days after the date of the Order to Remedy; 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 Code Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

C. 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 local law, 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 pursuant to any provision of this local law, 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 City.

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 local law, or any term or condition of any Building Permit, Certificate of Occupancy/Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. 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 local law, or any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or this Local Law, 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 of this City.

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 section 6 (Stop Work Orders) of this Local Law, in any other section of this Local Law, 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 section 6 (Stop Work Orders) of this Local Law, in any other section of this Local Law, 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 section 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 section 382 of the Executive Law.