Jamestown, N.Y., Code of Ordinances ch. 215 § 215-6

A. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY STRUCTURE A structure the use of which is incidental to that of the main building and which is located on the same premises. ACCESSORY USE A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a building. In a multiple dwelling, such accessory uses may include, among others, the following: (1) Offices for the building management. (2) Dining rooms, banquet rooms, public kitchens and ballrooms. (3) Recreation and play rooms. (4) Laundries for the use of tenants and occupants and in connection with the management and operation of a building. (5) Maintenance and work shops, and storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects. (6) Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands. (7) Garages within a building or on the premises thereof used primarily for the storage of passenger-type motor vehicles. AGENT A person, partnership, corporation or other entity designated by the owner of the premises to manage, operate or otherwise exert controlling influence over the premises on behalf of the owner. For purposes of this section, a lodging house operator shall be deemed to be an agent of the owner, and an individual who reasonably appears to have authority to act for another whether actual authority has been conferred (e.g., collects rents without any designation) shall be deemed to be an agent of the owner. An agent shall accept service of process for any violation of this chapter. ALTERATION As applied to buildings or structures, a change or rearrangement of the structural parts or in the exit facilities, or an enlargement, whether by extending on the side or by increasing in height, or the moving from one location or position to another. The term "alter" in its various modes and tenses and its participial forms refers to the making of an alteration. APARTMENT or SUITE A room or suite of two or more rooms occupied or intended to be occupied as the home or residence of an individual, family or household. APPROVED Adjudged satisfactory by the administrative officer pursuant to the regulations of this chapter, by an authority designated by law or this chapter or, when used in connection with materials, appliances, equipment or devices, by a testing agency recognized under the New York State Uniform Fire Prevention and Building Code. ASSEMBLY AREA Shall mean an area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering 50 or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes. BASEMENT That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. BATHROOM An enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See definition of "toilet room." BUILDING A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property. BUILDING PERMIT Shall mean a building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term building permit shall also include a building permit which is renewed, amended, or extended pursuant to any provision of this chapter. CELLAR That space of a building that is partly or entirely below grade and which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. CERTIFICATE OF COMPLIANCE Shall mean a document issued by the City of Jamestown stating that work was done in compliance with approved construction documents and the Codes. CERTIFICATE OF OCCUPANCY Shall mean a document issued by the City of Jamestown certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the City of Jamestown, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. CODE ENFORCEMENT OFFICER AND INSPECTORS (1) The Office of Code Enforcement Officer is hereby created within the City of Jamestown Department of Development. 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, in addition to any other powers enumerated in City Code: (a) To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits, and the plans, specifications, and construction documents submitted with such applications; (b) Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits; (c) To conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter; (d) To issue stop-work orders; (e) To review and investigate complaints; (f) To issue orders pursuant to § 215-61 (Violations) of this chapter; (g) To maintain records; (h) To collect fees as set by the City Council of Jamestown, the County of Chautauqua, or the State of New York; (i) To pursue administrative enforcement actions and proceedings; (j) In consultation with the City 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 (k) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter. (2) The Code Enforcement Officer or Officers shall be appointed by the Director of Development. 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. (3) In the event that the Code Enforcement Officer is unable to serve as such for any reason, another individual shall be appointed by the Director of Development to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter. (4) One or more Inspectors may be appointed 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. Each 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 Department of State pursuant to the Executive Law and the regulations promulgated thereunder. (5) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Jamestown Urban Renewal Agency of the City of Jamestown and any applicable collective bargaining agreement. CODE ENFORCEMENT PERSONNEL The Building and Zoning Code Enforcement Officer, Rehab and Code Enforcement Officer and Target Area Code Enforcement Officer, all appointed by the Director of Development and all inspectors (including but not limited to the Plumbing Inspector, Electrical Inspector and Fire Inspector). COURT An open, uncovered, unoccupied space surrounded on all sides by the exterior walls of a building or structure or by such walls and an interior lot line of the same premises. DEPARTMENT The Department of Development of the City of Jamestown. DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY A building containing not more than two dwelling units occupied exclusively for residential purposes. ENERGY CODE Shall mean the New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law. EXIT That portion of the way of departure from the interior of a building or structure to the exterior at street or grade level accessible to a street, consisting of: (1) Corridors, stairways and lobbies enclosed in construction having a fire-resistance rating, including the door opening thereto from a habitable, assembly or occupied space; (2) An interior stairway; (3) A horizontal exit; (4) A door to the exterior at grade; or (5) An exterior stairway or ramp. FAMILY One or more persons living together in one dwelling unit and maintaining a common household, including domestic servants and gratuitous guests, together with boarders, roomers or lodgers not in excess of the number allowed by this Code as an accessory use. FCNYS Shall mean the 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225 . FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION Shall mean an inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. FIXED WINDOW A window whose sash is designed and intended by the manufacturer of the unit to not open. GARBAGE All putrescible animal or vegetable wastes resulting from the handling, preparation, cooking and consumption of food. GENERALLY ACCEPTED STANDARDS Those specifications, codes, rules, guides or procedures in the field of construction and fire prevention as specified in Chapter G of the New York State Fire Prevention and Building Code. GRADE, FINISHED The natural surface of the ground, or surface of the ground after completion of any change in contour, abutting the building or the premises. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be habitable space. See definitions of "nonhabitable space," "public space" and "exit." HAZARD A condition which bears a high potential for harm to the health or safety of an individual or property. HAZARDOUS PRODUCTION MATERIALS Shall mean a solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. INFESTATION The presence, within or contiguous to a building, of insects, rodents, vermin or other pests. INSPECTOR An inspector (including but not limited to the Plumbing Inspector, Electrical Inspector and Fire Inspector) appointed pursuant to § 215-48 of this chapter. KITCHEN Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or the preparation of food. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or the preparation of food. LEGAL OPEN SPACE Open space on the premises, such as yards or courts, or an open space at least 25 feet wide permanently dedicated to the public use which abuts the premises. LODGING HOUSE A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation. LODGING UNIT A room or group of rooms forming a single habitable unit used or intended to be used for lodging. MIXED OCCUPANCY Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MOBILE FOOD PREPARATION VEHICLES Shall mean vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles. MULTIPLE DWELLING (1) A building containing three or more dwelling units. (2) A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families. (3) A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants. (4) A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory or fraternity or sorority house or for similar uses. (5) A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. MULTIPLE RESIDENCE See definition of "multiple dwelling." MUNICIPALITY A city, town or village. NONHABITABLE SPACE Space used as kitchenettes and pantries, bath- , toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories. See definitions of "habitable space," "public space" and "exit." NOTICE OF VIOLATION A notice issued by code enforcement personnel pursuant to § 215-61 of this chapter. OCCUPANT Any person, including the owner or operator, living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit. OPERATING PERMIT A permit issued pursuant to § 215-55 of this chapter. The term "operating permit" shall also include an operating permit that is renewed, amended or extended pursuant to any provision of this chapter. OPERATOR Any person who has the charge, care or control of a structure in which dwelling units or rooming units are let or offered for occupancy. ORDER TO REMEDY Shall mean an order issued by the Code Enforcement Officer pursuant to § 215-61 of this chapter. OVERCROWDED A condition in which a structure exceeds, in part or whole, its designed occupant load as described in this chapter and the New York State Uniform Fire Prevention and Building Code. OWNER The owner or owners of the freehold of the premises or lessor of the estate therein, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or their duly authorized agents. PERMIT HOLDER The person to whom a building permit has been issued. PERSON 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. PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises. PMCNYS Shall mean the 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226 . POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PUBLIC SPACE Space within a residential building for public use, such as lobbies, hallways, lounges, reception halls, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens and swimming pools. RCNYS Shall mean the 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220 . REFUSE All cardboard, plastic, metal or glass containers, wastepaper, rags, sweepings, small pieces of wood, excelsior, rubber, leather and similar waste material that accumulates around a home, business or industry. REPAIR Shall mean the reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. RESPONSIBLE PERSON Any individual, or any corporation, partnership or association and individual members thereof, who is the owner, lessor, designated agent, tenant, lessee or person possessing fiduciary responsibility for real property to which the provisions of this chapter apply, or any combination thereof, jointly and severally. RUBBISH Any solid or liquid waste material, including, but not limited to, paper and paper products; rags; trees or leaves, needles and branches therefrom; vines; lawn and garden debris; furniture; cans; crockery; plastic; cartons; chemicals; paint; grease; sludge; oils and other petroleum products; other volatile organic compounds; wood; sawdust; demolition materials; tires; and automobiles and other vehicles and parts for junk, salvage, disposal, or intended ornamental objects. SERVICE FACILITY Any system used by an occupant, installed and in operating condition on said premises, that aids and/or supplies any approved form of heating fuel by code standard, gas, electricity or water to a dwelling. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals. STOP-WORK ORDER An order issued pursuant to § 215-51 of this chapter. STRUCTURE An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. TEMPORARY CERTIFICATE A certificate issued pursuant to § 215-52D of this chapter. TOILET ROOM An enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See definition of "bathroom." UNFIT PREMISES (1) Structures lacking ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public. (2) Structures or premises which are damaged, decayed, dilapidated, unsanitary, unsafe or infested in such a manner as to create a hazard to the health and safety of the occupants or the public. (3) Structures or premises which because of the location, general condition, state of the premises or number of occupants are unsanitary, unsafe and overcrowded or are otherwise detrimental to health and safety that a hazard to the occupant or the public is created. UNIFORM CODE The New York State Uniform Fire Prevention and Building Code as currently in effect and as hereafter amended from time to time. UNOCCUPIED HAZARD Any building within any residential zoning district, or within 1,000 feet of any residential zoning district, which remains unoccupied for a period of more than 60 days with either doors, windows or other openings broken, removed, boarded or similarly sealed or any building under construction, upon which little or no construction work has been performed for a period of three months, or any building within the City which has been fire damaged or damaged by act of God and allowed to so remain, which shall be presumed to constitute a hazard. VENTILATION The supply and removal of air to and from a space by natural or mechanical means. (1) VENTILATION, MECHANICAL Ventilation by power-driven devices. (2) VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices. YARD An open, unoccupied space on the lot, plot or parcel of land on which the building stands, which extends the entire length of the front or rear or interior lot line. B. Definitions in the New York State Uniform Fire Prevention and Building Code that are not specifically listed here shall also be recognized as authoritative by this chapter.