Common Council
City of Lockport Common Council Minutes June 4, 2008
By Richard P. Mullaney
Jun 19, 2008, 11:16

CITY OF LOCKPORT
CORPORATION PROCEEDINGS

Lockport Municipal Building

Regular Meeting
Official Record
June 4, 2008
6:00 P.M.

Mayor Michael W. Tucker called the meeting to order.

ROLL CALL

The following Common Council members answered the roll call:

Aldermen Kibler, Pasceri, Alexander, McKenzie, Schrader, and Lombardi.

RECESS

Recess for public input.

060408.1 APPROVAL OF MINUTES

On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of May 21, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 6. Carried.

PUBLIC HEARING

The Mayor announced a public hearing on a proposed local law to amend Lockport Code, Chapter 66 Building Construction Administration.

The Mayor asked the City Clerk if any petitions or communications relative to said local law have been received.

Recess for public input.

The Mayor closed the public hearing.

FROM THE CITY CLERK

The Clerk submitted payrolls, bills for services and expenses, and reported that the Department Heads submitted reports of labor performed in their departments.
Referred to the Finance Committee.

Communications (which have been referred to the appropriate City officials)

5/29/08 Duane W. Priset, Senior Pastor, Emmanual United Methodist Church, 75 East Avenue, Lockport, NY – request permission to barricade Wakeman Alley on Wednesday, July 23, 2008 for their annual block party. Referred to the Committee of the Whole.

6/2/08 Gary Walker, Vietnam Veterans of America, Niagara County Chapter 268, Lockport, NY – requests use of Veterans Memorial Park on June 14, 2008 for their annual Vigil. Referred to the Committee of the Whole.

6/2/08 Kelly A. Lewandowski, P.E., Chief, Site Control Section, New York State Department of Environmental Conservation, Division of Environmental Remediation, Bureau of Technical Support, 11th Floor, 625 Broadway, Albany, NY – re: Site Name: Eighteenmile Creek Corridor; Site No.: 932121 was recently added as a Class 2 in the Registry of sites where hazardous waste disposal has occurred. Referred to each Department Head.

Notice of Defect:
5/30/08 25 Regent Street, Lockport, NY - trees
Referred to the Highways & Parks Department.

MOTIONS & RESOLUTIONS

060408.2
By Alderman Kibler:
Resolved, that the Mayor and City Clerk be authorized to issue orders in favor of the claimants for payrolls, bills, and services to be paid on June 6, 2008.
Seconded by Alderman Alexander and adopted. Ayes 6.

060408.3
By Alderman Kibler:
Resolved, that claims authorized for payment by the Director of Community Development, and subsequently paid from the Community Development Escrow Account, be and the same are hereby approved.
Seconded by Alderman Pasceri and adopted. Ayes 6.

060408.4
By Alderman Lombardi:
Resolved, that the Mayor and Common Council do hereby extend congratulations and appreciation to the following City employees for their years of dedicated service to the City of Lockport:

Employee Years of Service Title

Brian M. LeBere 20 Police Officer
Monte Livergood 20 Heavy Equipment Operator
Paul Chaffin 10 Municipal Worker
John G. Cuillo 10 Municipal Worker

Seconded by Alderman Kibler and adopted. Ayes 6.

060408.5
By Alderman Lombardi:
WHEREAS, the City of Lockport has entered into an agreement to provide funding for the period of three (3) years for the Canal Concert Series in downtown Lockport for eight concerts from June through August 2008, and

WHEREAS, it is anticipated that the event will promote, market and enhance the City of Lockport’s economy and tourism, and

WHEREAS, the City of Lockport has determined that it is important to maintain control over the street vendors that are allowed to vend from public places in the Central Business District during the concert events, and

WHEREAS, the City of Lockport desires that a preference be given to area vendors whose taxes have contributed to the event,

NOW THEREFORE BE IT

RESOLVED, That Chapter 133 of the Code is amended to add the following:

§ 133-7. Restrictions on vendors.

I. Vendors shall not engage in vending within the Central Business District described below during the Canal Concert Series events UNLESS such Vendor has (1) a current City of Lockport vendor’s permit, (2) established proof that the Vendor has been a resident of Niagara County for the period of one (1) year prior to said event, and (3) received a special permit approved by the Mayor. The City reserves the right to designate the location. This chapter shall apply to the following area situate within the City of Lockport: Beginning at the northeast corner of the intersection of East Avenue and Washburn Streets; thence southerly along the easternmost boundary of Washburn Street to the southeast corner of the intersection of Washburn and Walnut Streets; thence westerly along the southernmost boundary of Walnut Street to the southeast corner of the intersection of Walnut and South Transit Streets; thence northerly along the easternmost boundary of South Transit Street to the northeast corner of the intersection of Transit and Main Streets, at which point South Transit Street becomes North Transit Street; thence easterly along the northernmost boundary of Main Street to the place of beginning. All buildings, structures and individual parcels of real property located within the aforesaid boundaries or immediately contiguous thereto shall be included under the provisions of this chapter.

Seconded by Alderman Schrader and adopted. Ayes 6.

060408.6
By Alderman Lombardi:

NEGATIVE DECLARATION FOR HISTORIC RESTORATION OF THE
FLIGHT OF FIVE LOCKS ON THE ERIE CANAL

Whereas, the Common Council of the City of Lockport has considered the historic restoration of the Flight of Five (Erie Canal Locks 67 – 71), and

Whereas, the Project is an Unlisted Action, and the Common Council is conducting an uncoordinated review of those actions for which it is responsible, pursuant to the State Environmental Quality Review Act (SEQRA); and

Whereas, the Common Council of the City of Lockport has duly considered the Full Environmental Assessment Form, the proposed Project in its entirety, and the criteria for determining significance set forth in 6 N.Y.C.R.R. 617.7 (c) of the SEQRA regulations, and such other information deemed appropriate; and

Whereas the Common Council has identified the relevant areas of environmental concern, has taken a hard look at these areas, and has made a reasoned elaboration of the basis for its determination, now, therefore, be it

Resolved, by the Common Council of the City of Lockport as follows:

1. The Common Council declares that the proposed Historic Preservation of the
Flight of Five Locks on the Erie Canal will not result in any large and important impacts, and therefore, the approval of the Project does not include the potential for any significant adverse environmental impacts. Accordingly, the Common Council issued the attached negative declaration under SEQRA for the Project.

2. The reasons for the decision are stated in the attached negative declaration.

3. This resolution shall be effective immediately.

Seconded by Alderman Alexander and adopted. Ayes 6.

By Alderman Kibler:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman Schrader and adopted. Ayes 6.

060408.7
By Alderman Lombardi:
Resolved, that the following local law be and the same is hereby adopted:

City of Lockport

Local Law No. 3 of the year 2008

A Local Law providing for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code Chapter 66: Building construction administration.

Be it enacted by the Common Council of the City of Lockport, New York, as follows:

SECTION 1. PURPOSE AND INTENT

This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this City. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures and premises, regardless of use or occupancy, are subject to the provisions of this local law.

SECTION 2. DEFINITIONS

In this Local Law:

“Building Permit” shall mean a permit issued pursuant to section 4 of this local law. The term “Building Permit” shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law.

“Certificate of Occupancy/”Certificate of Completion” shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law.

“Certificate of Compliance” shall mean a certificate issued upon completion of an inspection for an existing building to show that it complies with all building codes and zoning ordinances.

“City” shall mean the City of Lockport.

“Code Enforcement Officer” shall mean the Code Enforcement Officer/Chief Building Inspector appointed pursuant to subdivision (b) section 3 of this local law.

“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.

“Compliance Order” shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law.

“Energy Code” shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 3 of this local law.

“Operating Permit” shall mean a permit issued pursuant to section 10 of this local law. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law.

“Permit Holder” shall mean the Person to whom a Building Permit has been issued.

“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

“Stop Work Order” shall mean an order issued pursuant to section 6 of this local law.

“Temporary Certificate” shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law.

“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTIONS

(a) The office of Code Enforcement Officer is hereby created. The 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:

(1) to receive, review and approve or disapprove applications for Building Permits, Certificates of Occupancy/Certificates of Completion, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications;

(2) upon approval of such applications, to issue Building Permits Certificates of Occupancy/Certificates of Completion, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy/Certificates of Completion, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3) to conduct construction inspections, inspections to be made prior to the issuance of Certificate of Occupancy/Certificate of Completion, Temporary Certificates 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 local law;

(4) to issue Stop Work Orders;

(5) to review and investigate complaints;

(6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law;

(7) to maintain records;

(8) to collect fees as set by the Common Council of this City;

(9) to pursue administrative enforcement actions and proceedings;

(10) in consultation with this City’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and

(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law.

(b) The Code Enforcement Officer shall be appointed by the Mayor. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

(c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Mayor 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 Inspectors may be appointed by the Mayor 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 Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

(e) No Code Enforcement Officer or employee to the Department of Building Inspection shall engage in any activity inconsistent with his duties or those of the Building Department, nor shall he be engaged directly or indirectly in any occupation regulated by this chapter in the supervision of, the construction, alteration, demolition or maintenance of any building or other structure regulated hereunder or the preparation of plans or specifications for any such structures or buildings or the furnishing of any hazardous substances, materials or devices within the area regulated hereunder; provided, however, that this provision shall not prohibit any officer or employee from engaging in any such activities in connection with the construction of a building or structure owned by him for his own personal use and occupancy or for the use and occupancy of members of his immediate family and not constructed for sale.

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

SECTION 4. BUILDING PERMITS

(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 obtain a Building Permit from the Code Enforcement Officer.

(b) Exemptions: No Building Permit shall be required for work in any of the following categories:

(1) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(2) installation of swimming pools associated with one-or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above-ground;

(3) construction of temporary motion picture, television and theater stage sets and scenery;

(4) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(5) installation of partitions or movable cases less than 5'9" in height;

(6) painting, wallpapering, tiling, carpeting or other similar finish work;

(7) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(8) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications.

(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:

(1) a description of the proposed work;

(2) the tax map number and/or the street address of the premises where the work is to be performed;

(3) the occupancy classification of any affected building or structure;

(4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

(5) at least 2 sets of construction documents (drawings and/or specifications) which (I) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.

(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 a 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 6 months following the date of issuance. Building Permits shall expire 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 the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, in accurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or 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 section 16 (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.

SECTION 5. CONSTRUCTION INSPECTIONS

(a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an 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:

(1) work site prior to the issuance of a Building Permit;

(2) footing and foundation;

(3) preparation for concrete slab;

(4) framing;

(5) building systems, including underground and rough-in;

(6) fire resistant construction;

(7) fire resistant penetrations;

(8) solid fuel burning heating appliances, chimneys, flues or gas vents;

(9) Energy Code compliance; and
(10) a final inspection after all work authorized by the Building Permit has been completed.

(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 section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.

SECTION 6. STOP WORK ORDERS

(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:

(1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or

(2) any work that is being conducted in a dangerous or unsafe manner in
the opinion of the Code Enforcement Officer, without regard to whether such work is nor is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or

(3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked.

(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 15 (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.

SECTION 7. CERTIFICATES OF OCCUPANCY/CERTIFICATES OF COMPLETION

(a) Certificates of Occupancy/Certificates of Completion required. A Certificate of Occupancy/Certificate of Completion 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 Completion.

(b) Issuance of Certificates of Occupancy/Certificates of Completion. The Code Enforcement Officer shall issue a Certificate of Occupancy/Certificate of Completion 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 an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy/Certificate of Completion. 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 Completion, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy/Certificate of Completion:

(1) a written statement of structural observations and/or a final report of special inspections, and

(2) flood hazard certifications.

(c) Contents of Certificates of Occupancy/Certificates of Completion. A Certificate of Occupancy/Certificate of Completion shall contain the following information:

(1) the Building Permit number, if any;

(2) the date of issuance of the Building Permit, if any;

(3) the name, address and tax map number of the property;

(4) if the Certificate of Occupancy/Certificate of Completion is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy/Certificate of Completion is issued;

(5) the use and occupancy classification of the structure;

(6) the type of construction of the structure;

(7) the assembly load of the structure, if any;

(8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

(9) any special conditions imposed in connection with the issuance of the Building Permit; and

(10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy/Certificate of Completion and the date of issuance.

(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 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 Energy Code.

(e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy/Certificate of Completion or a Temporary Certificate was issued in error because incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such a 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 Section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy/Certificate of Completion or for a Temporary Certificate.

SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION

The chief of any fire department providing fire fighting services for a property within this City shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.

SECTION 9. UNSAFE BUILDING AND STRUCTURES

Unsafe structures and equipment in this City shall be identified and addressed in accordance with Section 115 of the Building Code.

SECTION 10. OPERATING PERMITS

(a) Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below:

(1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled “Fire Code of New York State” and incorporated by reference in 19 NYCRR section 1225.1;

(2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening and waste handling;

(3) use of pyrotechnic devices in assembly occupancies;

(4) buildings containing one or more areas of public assembly with an occupancy load of 100 persons or more; and

(5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Common Council of this City.

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 an 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) 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.

(f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.

SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS

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

(1) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months.

(2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months.

(3) Fire Safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every thirty-six (36) months.

(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 an Inspector designated by the Code Enforcement Officer at any time upon:

(1) the request of the owner of the property to be inspected or an authorized agent of such owner;

(2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

(3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist;

provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

(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.

SECTION 12. COMPLAINTS

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem appropriate:

(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 15 (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.

(e) Upon determination of the Code Enforcement Officer that the violation that exists constitutes an emergency health or safety hazard, the Code Enforcement Officer may take whatever steps necessary to correct said violation. The actual cost of such abatement plus $250.00 for inspection and other additional costs in connection therewith, shall be billed to the property owner, a copy of which shall be forwarded to the City Treasurer by the Code Enforcement Officer. Thirty (30) days after the billing date, all unpaid charges will become and be a lien upon the property on which said violations were located and shall be added to and become part of the taxes next to be accessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall become collected and enforced by the same officer and in the same manner as tax levies and assessed against such property or the same may be collected by suit against the owner or owners in the name of the City.

SECTION 13. RECORD KEEPING

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

(1) all applications received, reviewed and approved or denied;

(2) all plans, specifications and construction documents approved;

(3) all Building Permits, Certificates of Occupancy/Certificates of Completion, Temporary Certificates, Stop Work Orders and Operating Permits issued;

(4) all inspections and tests performed;

(5) all statements and reports issued;

(6) all complaints received;

(7) all investigations conducted;

(8) all other features and activities specified in or contemplated by sections 4 through 12 inclusive of this local law including; and

(9) all fees charged and collected.

(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 the State law and regulation.

SECTION 14. PROGRAM REVIEW AND REPORTING

(a) The Code Enforcement Officer shall annually submit to the Common Council of this City a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending 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.
SECTION 15. VIOLATIONS

(a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) 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; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance to be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any Person mention in this sentence shall not affect the efficacy of the Compliance Order.

(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

(c) Penalties for Offenses. 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 Completion, 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 penalty of not more than $500 or imprisonment for a period not exceeding 30 days or both. Each day that a violation continues shall be deemed a separate offense and punishable as such.

(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 Completion, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this 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, Compliance Order 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 Common 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.

(f) Any person who, without a license therefor, shall engage in any occupation or activity which under this chapter requires a license, shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days or both.

(g) Whenever any person, firm or corporation shall be convicted for a second time of a violation of the code or this chapter, any license then held by such person, firm or corporation pursuant to this chapter shall be deemed revoked.

(h) Any person, firm or corporation convicted for a second time of a violation of the code or this chapter without a valid license shall be guilty of an offense punishable by a fine not exceeding $500 or imprisonment for a period not exceeding 30 days or both.

SECTION 16. FEES

A fee schedule pursuant to Section 20 shall be established by resolution of the Common Council of this City. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy/Certificates of Completion, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections and other actions of the Code Enforcement Officer described in or contemplated by this local law.

SECTION 17. PARKING LOTS

(a) Applications and plans.

(1) All applications for a building permit shall show the required off-street parking pursuant to the area requirements of the Zoning Ordinance of the City of Lockport. If off-street parking is not required, a statement to that effect shall be endorsed on said application by the Code Enforcement Officer.

(2) Parking areas and parking lots not included in an application for a building permit require an application to be filed accompanied by plans for a permit to construct same and shall show the layout and location of off-street parking and loading areas, layout of the individual parking spaces, type and thickness of pavement, landscaping, drainage, details, fences, barricades, drives, aprons, sidewalks, signs and public lighting.

(b) Restrictions.

(1) No part of any street right-of-way shall be included in a parking lot.

(2) Individual parking spaces shall be marked on the pavement when the lot is complete.

(3) Parking lots at all times shall be clean and orderly and free of rubbish and weeds and shall not be used for the storage of vehicles and materials of any description.
(c) Applicability.
The provisions of this Article will not apply to single-family dwellings in the R-1 and R-2 zoned Districts unless there exists an accessory use which requires more than a normal residential parking area.

(d) Paving.

Every parking lot shall be paved with the type material and thickness sufficient to support the loads to be imposed and with a surface not subject to excessive dusting.

(e) Drainage.

(1) All parking lots shall be so graded that storm water will flow
away from any building and will not drain upon abutting properties, sidewalks and pavements.

(2) Drainage for all parking lots shall be designed in accordance with standards and recommendations in the Storm Drainage Manual, published by the Erie and Niagara Counties Regional Planning Board, using the rational method and a minimum recurrent storm of 10 years and shall lead to an approved public outfall.

(3) All drainage pipes and appurtenances shall be installed by a licensed master plumber and only after receiving a permit from the Sr. Building Inspector and paying the prescribed fee.

(f) Barricades.

(1) Every parking space that abuts a property line shall be provided with a barricade to prevent the encroachment of vehicles over the property line.

(2) The following barricades are approved for use in parking lots in the
City of Lockport:

(a) The following, provided that they are located four feet from any property line and installed in accordance with Drawing No. 1 (Drawing No. 1 is on file in the office of the Building Inspector)

(1) City of Lockport standard concrete curb.
(2) Reinforced concrete bumper.
(3) Reinforced timber bumper.

(b) The following, provided that they are located two feet from any property line and installed in accordance with Drawing No. 1 (Drawing No. 1 is on file in the Office of the Building Inspector)

(1) Guardrail bumper.
(2) Welded four-inch pipe bumper.
(3) Pole and timber bumper.

(3) The color of all barricades shall be such that they contrast with the pavement and are readily discernible at all times of the day or night.

(4) Barricades other than the typical barricades listed above may be installed upon approval of the Code Enforcement Officer. A buffer zone, shrubs, fencing etc., shall be installed and maintained for privacy of adjoining properties.
(g) Aprons.

(1) All aprons installed on driveways connecting to a City street shall conform to the City of Lockport Engineering Department specifications available at the Engineering Department of the City of Lockport.

(2) All apron widths connecting to a City street or a state arterial shall be installed in accordance with approved plans and City and state laws, rules and regulations.

SECTION 18. SIDEWALKS

(a) General requirements.

(1) Sidewalks will be required along the entire street frontage of a lot or parcel that abuts a major collector or local street when the lot or parcel is developed and along the entire frontage of such other lots or parcels as the Planning Board or Common Council shall direct. Walks along City streets shall be located in accordance with Figure 1 (Figure 1 is on file in the office of Building Inspection). If the street is a state highway, the walks shall be located in accordance with the work permit issued therefor.

(2) The Planning Board, as part of the site plan approval, or the Common Council may waive the requirement for a street walk on a given parcel or development.

(3) Sidewalks need not be installed on new collector and local streets unless required by the Planning Board as part of an approved site plan or by the Common Council, in which event they shall be located in accordance with Figure 1 (Figure 1 is on file in the office of Building Inspection).

(4) Sidewalks shall be installed at the time of development along the entire street frontage of any lot or parcel abutting a collector or local street existing on the effective date of this chapter, unless waived by resolution of the Planning Board as part of the approved site plan or by the Common Council.

(5) “Site plan” as used in this chapter, shall mean the document and/or procedure as defined in the Zoning Ordinance (see Ch. 190, Zoning). The determination of whether a particular street is a major collector, arterial or local street shall be made by the Planning Board either as part of the site plan review or as a separate determination (See Subdivision Regulations; Chapter 162, Subdivision of Land.)

(b) Construction standards.

(1) Sidewalks shall be a minimum of four feet wide and a maximum of five feet wide in all residential areas. In all other areas, the sidewalk width shall be determined by the Planning Board.

(2) Elevation and grading.

(a) The elevation of the sidewalk shall be the curb elevation plus 1/4 inch to one foot for the distance measured from the curb line to the outer line of the sidewalk. Where no curb exists, the elevation of the crown of the street shall be used in place of the curb elevation. Drives shall be so graded that the portion occupying the space reserved for sidewalks shall meet the requirements for sidewalks.

(b) Where no grades have been established or where local conditions warrant a deviation from the foregoing, the Engineering Department shall establish lines and elevations.

(3) Within the street right-of-way where any sidewalk(s) and/or drives exist in the same block, additional sidewalk(s) and/or drives shall conform to those existing in such blocks or to the ruling of the Code Enforcement Officer.

(c) Maintenance of sidewalks and snow removal.

(1) The owner or occupant of any premises fronting or abutting on any street shall repair, keep and maintain the sidewalk of such premises free and clear of snow, ice, dirt and other obstructions. Any such owner or occupant shall be liable for any injury or damage by reason of omission, failure or negligence to repair, keep and maintain such sidewalk or to remove snow, ice or other obstructions therefrom.

(2) No person shall plow, shovel, sweep or pile snow, ice or other materials in or beyond the right-of-way of any street or public thoroughfare, or cause such to be done, so as to interfere with the safety and convenience of public travel.

SECTION 19. ELECTRICAL STANDARDS

(a) Conformance with standards.

All electrical installations, alterations and repairs of wiring for electrical, light, heat and power shall be made in conformity with the requirements of the edition of the National Electrical Code, published by the National Fire Protection Association, designated by order or regulation of the Code Enforcement Officer.

(b) Inspections.

(1) Any state-approved electrical inspection agency accepted by
the utility companies is hereby authorized and deputized as agent of the City of Lockport to make inspections and re-inspections of all electrical installations heretofore and hereafter described and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and re-inspections be a charge against the City of Lockport.

(2) It shall be the duty of the inspector to report in writing to the
Code Enforcement Officer, whose duty it shall be to enforce all the provisions of this chapter, all violations of or deviations from or omissions of the electrical provisions of the National Electric Code and all local laws, ordinances and the Building Code as referred to in this chapter, insofar as any of the same apply to electrical wiring.

(3) The inspector shall make inspections and re-inspections of electrical installations in and on properties in the City of Lockport upon the written request of an authorized official of the City of Lockport or as herein provided.

(4) The inspector is authorized to make inspections and re-inspections of electrical wiring installations, devices, appliances and equipment in and on properties within the City of Lockport where he deems it necessary for the protection of life and property.

(5) In the event of any emergency, the inspector shall make electrical inspections upon the oral request of an official or officer of the City of Lockport.

(6) The inspector shall furnish written reports to the proper officials of the City of Lockport and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection.

(7) The inspector shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this chapter, and he shall direct that copy of the certificate of compliance be sent to the City of Lockport to the attention of the Code Enforcement Officer.

(c) Applicability.
The provisions of this article shall not apply to the electrical installations in mines, ships, railway cars, automotive equipment or the installations or equipment employed by a railway, electrical or communication utility in the exercise of its function as a utility and located outdoors or in buildings exclusively for that purpose.

(d) Additional provisions.

This Article VIII, entitled “Electrical Standards” is a supplement to the Electrical Ordinance of the City of Lockport that was approved by Common Council and effective September 30, 1964, along with any additional amendments. For further information regarding electrical inspections, permits and other pertinent information, refer to Chapter 89, Electrical Standards.

SECTION 20. FEES

(a) Definitions.

For purposes of this article, the following definitions apply:

FLOOR AREA - The habitable floor, using exterior building dimensions, plus the floor area of any accessory structure, such as a garage, shed, tennis court, etc.

(b) Building permit fees.

The following fees shall be payable to the Department of Building Inspection before the issuance of a building permit, certificate of occupancy or home occupation:

(1) One-and two-family dwellings and additions.
(a) Six-hundred-fifty square feet or less $100.
(b) Each additional square foot $0.15.
(c) Extension of an active permit after 12 months will be 75% of the original permit fee.

(2) Multiple dwellings, including three or more dwelling units, townhouses, apartment buildings and additions.
(a) First five units: $0.15 per square foot.
(b) Next ten units: $50 each.
(c) Additional units $25 each.
(d) Extension of an active permit after 12 months will be 75% of the original permit fee.

(3) Detached buildings.

Detached residential storage buildings:
(a) One hundred forty-four square feet or less: $25.
(b) One hundred forty-four square feet to 360 square feet: $75.
(c) Extension of an active permit after 12 months will be 75% of the original permit fee.

Detached residential garage and carports:
(a) Three-hundred-sixty-one square feet or less: $75.
(b) Each additional square foot: $0.10.
(c) Extension of an active permit after 12 months will be 75% of the original permit fee.

(4) Residential alterations and repairs:
(a) Up to $500 of cost: $10.
(b) Over $500 up to $1,000 of cost: $25.
(c) For each $1,000 of cost over $1,000: $2.
(d) Extension of an active permit after 12 months will be 75% of the original permit fee.

(5) Swimming pools: $50.

(6) Solid -fuel-burning devices and/or chimneys: $50.

(7) Residential driveways:
(a) Not included with building permit: $25.
(b) Resurface driveway: $25.

(8) Miscellaneous structures/buildings (i.e. open porches and decks):
(a) One hundred forty-four square feet or less: $35.
(b) Over One hundred forty-four square feet: $50.
(c) Extension of an active permit after 12 months will be 75% of the original permit fee.

(9) Nonresidential buildings, including buildings and structures accessory thereto and additions:

(a) Zero to 1,000 square feet of floor space: $250.
(b) Over 1,000 square feet to 5,000 square feet of floor space: $0.25 per square foot.
(c) Five thousand square feet and over: $0.05 per square foot.
(d) Extension of an active permit after 12 months will be 75% of the original permit fee.

(10) Nonresidential alterations and repairs:
(a) Up to $500: $50.
(b) Over $500 up to $1,000: $100.
(c) For each $1,000 over $1,000: $2.
(d) Extension of an active permit after 12 months will be 75% of the original permit fee.

(11) Demolition of buildings:

(a) Residential:
(1) Up to 1,000 square feet: $50.
(2) Over 1,000 to 2,000 square feet: $75.
(3) Over 2,000 square feet: $100.
(4) Detached accessory structure: $25.
(5) Extension of an active permit after 12 months will be 75% of the original permit fee.

(b) Nonresidential:
(1) From zero to 5,000 cubic feet: $75.
(2) Five thousand one to 10,000 cubic feet: $100.
(3) Ten thousand one to 20,000 cubic feet: $125.
(4) Twenty thousand one to 50,000 cubic feet: $150.
(5) Fifty thousand one to 100,000 cubic feet: $175.
(6) One hundred thousand one to 200,000 cubic feet: $225.
(7) Two hundred thousand one to 500,000 cubic feet: $300.
(8) Over 500,000 cubic feet: $1,000.
(9) Extension of an active permit after 12 months will be 75% of the original permit fee.

(12) Fences: $10.
(a) Extension of an active permit after 12 months will be 75% of the original permit fee.

(13) Signs:
(a) Up to 100 square feet (each face): $50.
(b) Each additional 100 square feet (per face): $20.
(c) Alteration to or relocation of existing signs: $30.
(d) Temporary signs:
(1) Thirty-day permit: $50 plus $100 deposit (see Section 190-126A of the Zoning Ordinance)
(2) Thirty-day plus permit: $75.
(e) Extension of an active permit after 12 months will be 75% of the original permit fee.

(14) Plumbing fixtures:
(a) One to five: $50.
(b) Six to ten: $75.
(c) Eleven to 15: $125.
(d) Over 15: $200.
(e) Extension of an active permit after 12 months will be 75% of the original permit fee.

(15) Sewer laterals:
(a) First 100 feet: $50.
(b) For each additional 50 feet: $10.
(c) Extension of an active permit after 12 months will be 75% of the original permit fee.

(16) Water laterals:
(a) First 100 feet: $50.
(b) For each additional 50 feet: $10.
(c) Extension of an active permit after 12 months will be 75% of the original permit fee.

(17) Tanks:
(a) Aboveground: $0.05 per gallon.
(b) Underground $0.05 per gallon.
(c) Extension of an active permit after 12 months will be 75% of the original permit fee.

(18) Home Occupation application fee: $100.
(a) Annual fee: $100.

(19) Temporary building or trailers: $100.
(a) Extension of an active permit after 12 months will be 75% of the original permit fee.

(20) Certificates of compliance:
(a) Single family: $100.
(b) Two-family: $125.
(c) Multiple -family, each dwelling unit or sleeping room: $25 with a minimum fee of $150.
(d) Commercial, per tenant: $75 with a minimum fee of $250.
(e) Industrial, per tenant: $125 with a minimum fee of $500.
(f) Copy of any certificate $100.

(21) Recreation fees:
(a) Single-family dwelling or building lot: $50.
(b) Two-family dwelling: $75.
(c) Multiple- family (per unit): $35.
(d) Multiple-family development (per acre or portion thereof): $150.

(22) Parking Lot: $200.
(a) Resurface parking lot and/or resealing: $100.
(b) Extension of an active permit after 12 months will be 75% of the original permit fee.

SECTION 21. SWIMMING POOLS; EXCAVATIONS; DRAINAGE; CHIMNEYS

(a) Swimming Pools.

(1) No swimming pool, described as any pool capable of having water depth exceeding 18 inches, any part of which is below grade level, shall be installed unless there shall be erected and maintained a fence having a minimum height of four feet and a maximum height of six feet and so constructed as will not shut off light or air to any buildings, and such fence shall completely surround the area of the swimming pool but shall be not less than four feet from any edge of the swimming pool or placed on the lot line and the gate shall be self-closing and locked when the premises are not under the direct supervision of an adult.

(2) All latching and locking devices shall be a minimum of four feet above the base of the fence.

(3) The wall of the dwelling and/or its accessory buildings may act as an integral part of the fence, but any openings or doors, etc., shall be kept locked also while the premises are unsupervised by an adult.

(4) Aboveground pools. No swimming pool, as described in Subsection A above, all of which is above grade level, shall be installed or maintained unless either:

(a) The ladder, stairs or other access to the pool is capable of being removed and is removed when the pool is not being supervised by the owner thereof or a responsible adult. The word “removed” as used herein, in addition to its usual and customary meaning, shall mean railing and locking the ladder, stairs or other access in a position where the bottom thereof is at least as high as the top of the pool; or

(b) The ladder, stair or other access is completely enclosed by a fence, the minimum height of which shall be equal to the height of the pool, except that in no event shall the fence be higher than six feet. Any gate in the fence shall be closed and locked when the pool is not being supervised by the owner or a responsible adult thereof.

(5) No person shall discharge or cause to be discharged any water from a swimming pool over a public sidewalk or into a public street.

(b) Natural ponds, excavations, quarries and gravel pits.

Owners of property upon which ponds, excavations, quarries and gravel pits excavated or formed by natural causes exist shall be responsible for the posting of “no trespassing” signs.

(c) Yard drainage.

(1) Yards and areas must always be properly drained and connected to a storm sewer or other approved outfall. Where storm-or roof water connects to four-inch drain tile under curb or open gutter, there must be a four-inch T just inside of curb or gutter and a four-inch cast-iron pipe brought three inches above grade capped with a mushroom vent cap for overflow.

(2) The rear yard of all lots upon which a structure is to be constructed shall be drained either:

(a) by grading of the lot with one-percent grade pitching from the rear lot line toward the front property line, using the curb level or the crown of the road as the base level; or

(b) with an approved swale system that will direct all water to an approved outfall without spilling any on adjacent property and only after filing of an appropriate deed restriction to prevent the altering of the swales; or

(c) By a storm water drainage system designed to drain a minimum ten-year recurrent storm at such a rate that water will not enter the lowest architectural opening of a building on the lot. This system must be appropriate provisions for cleaning and maintenance.

(d) Chimney, gas vents and smoke pipes.

If a fire or related heating problem should occur, as referenced in the New York State Uniform Fire Prevention and Building Code Section 1163.9e, in any chimney, smokestack flue, gas vent, smoke-pipe or connector, then that item shall be inspected for safety or operation, unhealthful emission of smoke, structural and fire safety by the Code Enforcement Official or his designated representative before any further use. Any cost connected to this inspection shall be the responsibility of the property owner. If any equipment is found unsafe, the device shall be withdrawn from service until the necessary repairs have been made and the device reinspected.

SECTION 22. BUILDING CONTRACTORS

(a) License required; definitions.

(1) It shall be unlawful to engage in business in the City of Lockport as a building contractor without first having obtained a license therefor as hereinafter provided.

(2) As used in this Article, the following terms shall have the means indicated:

BUILDING CONTRACTOR - Includes anyone engaged in the business of cement or concrete contracting, either flat form or wall work, or as a masonry contractor or as a carpenter contractor or as a general building contractor and any person engaged in the construction, alteration or repair of buildings or other structures or sidewalks or street pavements or demolition of buildings or any other similar activity requiring a permit from the City of Lockport.

LICENSE REVOCATION BOARD - A Board that will meet periodically at the request of the Chief Building Inspector when he feels the need to remove or suspend a license from a person or corporation doing business within the City of Lockport. This Board shall consist of the Chief Building Inspector, one Council member, two contractors and one citizen, all appointed by the Mayor for two-year terms.

(b) License.

Any person desiring to engage in the contracting business shall make application for a license to the Building Inspector on a form prescribed by him. The application shall be signed and verified under oath by the applicant if an individual and by a duly authorized agent if a partnership or by a duly authorized officer of a corporation. The application shall contain the following information:

(1) If a person, the name, residence and business address of the applicant.

(2) If a partnership, the name, residence and business address of each partner.

(3) If a domestic corporation, the name and business address of the corporation, the name and residence address of the principal officer of the corporation; if a foreign corporation, the date it was authorized to do business in the State of New York, together with the names of the particular officers and local agents and their residence and business addresses.

(4) The number of years the applicant has engaged in the contracting business.

(5) The specific type of business or work performed by the applicant.

(6) The approximate number of persons to be employed by the applicant.

(7) Satisfactory evidence that employees of the applicant are covered by workmen’s compensation and disability insurance.

(8) Satisfactory evidence that the applicant is covered by general liability, personal injury and property damage insurance.

(9) Such other information as the Building Inspector may require.

(c) Issuance of license; fees.

The Building Inspector, upon satisfactory proof of the above requirements, shall issue a license. Any application so approved shall be issued by the Building Inspector upon payment to him of the fee required by this article.

(d) Duration; posting; renewal; duplicates; transferability; fees.
(1) All licenses shall expire each year on the 31st day of December.

(2) Each license issued shall be posted in a conspicuous place on the contracting establishment.

(3) Any license which has not been suspended or revoked may, upon the payment of a fee prescribed by this article, be renewed for an additional period of one year from its expiration upon the filing of an application for renewal on a form to be prescribed by the Building Inspector.

(4) A duplicate license may be issued for a lost, destroyed or mutilated license upon application therefor to the Building Inspector upon payment of the fee prescribed therefor by this section.

(5) No license shall be assignable or transferable.

(6) The fee for a license or for a renewal thereof to conduct a contracting business shall be $150.

(e) Compliance with regulations.

It shall be the duty of all building contractors to comply with all ordinances relating to the construction of buildings or other structures, to the construction of streets or sidewalk pavement and all laws or ordinances pertaining to or regulating the activities engaged in.

(f) Revocation of license.

Any building contractor’s license may be revoked by the License Board for repeated violations of any ordinance relating to the construction of buildings, building permits, the use of streets or the replacing of streets, sidewalks or parkways or any other ordinance relating to the work performed by such contractor. The Building Inspector shall also revoke any license upon the building contractor’s failure to keep insurance coverage in force. Such revocation may be in addition to any fine imposed for violating this article.

(g) Insurance.

No permit shall be issued for the construction of a building or structure in the City or for the repair or alteration of the interior or exterior of any building or structure unless a certificate or other proof is filed showing the contractor carried workmen’s compensation insurance and public liability with limits of at least $100,000 for each person. $300,000 for each accident or bodily injury liability and $10,000 on property damage liability.

(h) Penalties for offenses.

Any person, firm or corporation violating any provision of this article shall be guilty of a violation and subject to a fine not to exceed $250 or imprisonment for a period not exceeding 15 days or both.

SECTION 23. PARTIAL INVALIDITY

If any section of this local law shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

SECTION 24. EFFECTIVE DATE

This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

Seconded by Alderman Schrader. A roll call vote was taken which resulted as follows:

Alderman Alexander VOTING Y

Alderman Kibler VOTING Y

Alderman Lombardi VOTING Y

Alderman McKenzie VOTING Y

Alderman Pasceri VOTING Y

Alderman Schrader VOTING Y

The local law was thereupon declared duly adopted.

060408.8
By Alderman Alexander:

WHEREAS, the Lockport Union Station (Mark and Michele Davison) acquired the former Union Station in Lockport, New York and plan to apply for a Transportation Enhancement Program Grant and Environmental Protection Fund Grant to facilitate restoration of the same; and

WHEREAS, the above grants require the applicant to be a not-for-profit and the sponsor to be a municipality; and

WHEREAS, the Lockport Union Station has requested that the Greater Lockport Development Corporation act as applicant and the City of Lockport act as Sponsor subject to Corporation Counsel approval.

NOW THEREFORE BE IT

RESOLVED, the City of Lockport will act Sponsor and the Mayor be and is hereby authorized to execute applications for the above grants on behalf of the Lockport Union Station subject to legal counsel approval.

Seconded by Alderman Pasceri and adopted. Ayes 6.

060408.9
By Alderman Lombardi:
Resolved, that pursuant to their request, Emmanuel United Methodist Church is hereby granted permission to barricade Wakeman Place on July 23, 2008, from 1 p.m. until 8 p.m. for their annual block party subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured, and be it further
Resolved, that the Highways & Parks Department be and the same is hereby authorized and directed to deliver barricades to said area prior to the event.
Seconded by Alderman Kibler and adopted. Ayes 6.

060408.9A
By Alderman Alexander:
Resolved, that pursuant to their request, the United Neighborhood Watch Group be and the same is hereby granted permission to develop and maintain a garden, including the installation of benches, at City owned property commonly known as 169 Genesee St, Lockport, New York, and be it further
Resolved, that upon the request of the United Neighborhood Watch Group, the Highway and Parks Department is authorized and directed to install a sign (subject to approval of Alderman Alexander) recognizing the efforts of the UNWG and include language that the garden is open for use from sunrise to sunset, and be it further
Resolved, that the Lockport Police Department is directed to enforce said curfew.
Seconded by Alderman Lombardi and adopted. Ayes 6.

060408.9B
By Alderman Lombardi:
Resolved, that pursuant to their request, the Vietnam Veterans of America, Chapter 268, are hereby granted permission to conduct their annual Vigil at Veterans Park on June 14, 2008, from 12 noon to midnight subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured and adherence to established rules and regulations for City parks, and be it further
Resolved, that the Vietnam Veterans are granted permission to set up tents, a port-o-john, use the electricity in the Park, and park campers on the street, and be it further,
Resolved, that the Highways & Parks Department is authorized and directed to arrange to have the electricity at the Park operational for said dates and to deliver refuse containers and several picnic tables to the area prior to the event.
Seconded by Alderman Schrader and adopted. Ayes 6.

060408.9C
By Alderman Lombardi:
Resolved, that Lockport Community Services is hereby granted permission to conduct a Skate Jam on Saturday, July 5, 2008 from noon to 4:00 p.m. at the Railyard Skateboard Park in Outwater Park in conjunction with WLVL Independence Day activities. Said permission includes permission to vend food and skateboard items in the park subject to Lockport Community Services, Inc. obtaining a solicitors permit from the City Clerk, and be it further
Resolved, that the fee for a solicitors permit is hereby waived.
Seconded by Alderman Pasceri and adopted. Ayes 6.

060408.9D
By Alderman Lombardi:

MORATORIUM ON NEW SIGNS

WHEREAS, On June 2, 2008, the Planning Board passed a resolution requesting Common Council to amend Article XVII entitled Sign Regulations, and

WHEREAS, the Planning Board found that a complete review and revision of present Sign Regulation is necessary to promote and protect the public health, welfare and safety by updating regulations of existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types, and

WHEREAS, the updating of the Sign Regulations is intended to protect the property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas and provide a more enjoyable and pleasing community, and

WHEREAS, It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space and curb the deterioration of natural beauty and community environment, and

WHEREAS, the Planning Board found that a temporary Moratorium on new signs is in the public’s best interest and will promote and protect the public health, welfare and safety of its citizens if it is not more than 2 months in duration.

NOW, THEREFORE, IT IS HEREBY:

RESOLVED, that the Corporation Counsel in cooperation with the Planning Board and the Chief Building Inspector is hereby directed to prepare a new and revised Sign Ordinance, and be it further

RESOLVED, a Moratorium of 2 months is hereby enacted pending the adoption of a new Sign Ordinance, and be it further

RESOLVED, that all applicants are authorized to install a temporary vinyl sign in the window of their place of business in the interim.
Seconded by Alderman Kibler and adopted. Ayes 6.

060408.9E
By Alderman Kibler:
Resolved that, pursuant to their request, permission be and the same is hereby granted to Lockport New Beginnings, Inc. to hold a Community Day at Outwater Park on Saturday, August 23, 2008 from 9 a.m. to 8 p.m. subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured. Said permission includes permission to vend food and beverages and to conduct a Chivetta’s Chicken BBQ and is subject to Lockport New Beginnings, Inc. obtaining a solicitors permit from the City Clerk, and be it further
Resolved, that the fee for a solicitors permit is hereby waived.
Seconded by Alderman Pasceri and adopted. Ayes 6.

Conclusion of agenda.

060408.10 ADJOURNMENT

At 6:22 P.M. Alderman Lombardi moved the Common Council be adjourned until 6:00 P.M., Wednesday, June 18, 2008.
Seconded by Alderman Alexander and adopted. Ayes 6.




RICHARD P. MULLANEY
City Clerk






















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