Council Chambers

Tonawanda, New York

January 22, 2008

 

A Regular Meeting of the Common Council

 

Present:  Council President Zeisz

Present Councilmembers:  Perkins, Waterhouse, Kossow, Davis

 

Pledge of Allegiance led by Council President Zeisz

 

Prayer led by Council President Zeisz

 

COMMUNICATIONS FROM THE MAYOR

 

A letter to Thomas Stryker, 225 Wheeler Street, reappointing him to the Civil Service Commission, term to expire May 31, 2014.

 

A letter to Henry Hoffman, Chairman of the Planning Board, requesting him to meet with the Downtown Merchants and to assign a representative to attend the bi-weekly Spaulding Fibre Steering Group.

 

A letter from the New York State DEC regarding Roblin Steel.

 

A letter from National Fuel regarding the Conservation Incentive Program of New York.

            Ordered filed

 

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

            December Activity Report of the Fire Department

December minutes of the Planning & Zoning Board

            Yearly Activity Report of the Fire Department

            2007 General Fund and Sewer Fund Budget Reports as of 12/31/07

                        Referred to the Committee of the Whole

                           Ordered filed

 

A Notice of Public Hearing from the Board of Appeals being held on Monday, January 28, 2008, for a variance request to allow a one ton dump truck to be parked in the yard at 14 Harriet Street.

            Referred to the Committee of the Whole

           

A letter from John and Sally Sherman, 30 Milton Street, requesting the use of Shelter #1 at Veteran’s Park for Wyatt’s Walk on May 3, 2008.

            Referred to the City Clerk

 

A letter from Ride for Roswell requesting the use of various streets of the City for their 2008 Ride for Roswell being held on Saturday, June 28, 2008.

            Referred to the City Clerk

 

A letter from SonRays Ministries, Inc. requesting to hold their 18th Annual Walk for Life on June 12, 2008.

            Referred to the City Clerk

 

A letter from City Attorney Ronald C. Trabucco, reappointing David G. Jay, Esq. To the position of Deputy City Attorney, effective January 1, 2008.

            Referred to the Committee of the Whole

 

A letter to 4th Ward Councilmember Rick Davis from the NYSDEC regarding the Town of Tonawanda landfill.

            Referred to the Committee of the Whole

An announcement from the Civil Service Commission regarding the Open Competitive and Promotional Examination for Account Clerk-Typist being given on February 23, 2008.

            Referred to the Committee of the Whole

                        Ordered filed

MOTIONS AND RESOLUTIONS

 

25.       By Councilmember Waterhouse                              seconded by Councilmember Perkins

            Resolved, that the bills be allowed as audited and the City Clerk be authorized to draw warrants on the Treasurer for the various amounts.

 

Councilmember Davis – I’d just like to congratulate Mr. Waterhouse on sponsoring his first resolution. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

26.       By the Council                                                              seconded by the Council

Resolved, that the 2007 General Fund Budget be amended to account for various Salary line expenditures realized and charged to the 2007 Fiscal Year.

 

Account                                                           

1210.100        Mayor                + $ 1,835 due to non-union salary increase

1325.100            Treasurer           +         55 due to non-union salary increase

1355.100            Assessor           +    1,180 due to non union salary increase

1410.100        City Clerk      +    1,870 due to non-union salary increase 

1420.100        City Attorney             +       350 due to non-union salary increase 

1432.100        Civil Service   +         55 due to non-union salary increase

1440.100            Engineering         -   (3,475) actual less than budget (Asst Engineer)

3120.100        Police Dept.      +     5,820  OT in excess of budget 

3410.100        Fire Dept.      +    42,760   OT/comp time in excess of budget                                                                                          new hire to Academy in August

3610.100            Plumbing Bd.      +         290   due to non-union salary increase

3620.100        Bldg. Insp.       +      1,070   due to non-union salary increase              3621.100        Plumb. Insp.       -     (1,370)   actual less than budget

5010.100            DPW/Office     +       1,550  due to non-union salary increase 

5110.100            Hghwy/Brdgs     -   (13,550)  actual less than budget

5142.100            Snow/Ice Rem  +       9,275  snow plowing in excess of budget

6510.100        Vets Serv.      +          700  due to non-union salary increase

7020.100             Recreation          -      (9,900)  actual less than budget                       

7320.100        Youth Board     -         (640)  actual less than budget) 

          (Dir/Sec replaced 2 mths. later)

7621.100        Sr Citizen Ctr          +                5  due to non-union salary increase

8120.100        Sewers                -    (10,300)  actual less than budget

8160.100            Grbg/Trash         -    (43,000)  actual less than budget 

1989.461            Contingency       +      15,420 to cover all of the above

 

NET BUDGET EFFECT            -$0-                                                    

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

27.       By the Council                                                  seconded by the Council

Resolved, that the 2007 General Fund Budget be amended to account for the New York State License Plate Reader Grant received/expended in 2007.

 

Expense 3120.208            NYS License Plate Reader Grant            +19,900

Revenue 3390             Police Equipment Reimbursement            +19,900

 

NET BUDGET EFFECT            -$0-                                                    

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

 

28.       By the Council                                                              seconded by the Council

            Whereas, it was resolved on September 4, 2007, that the Main Street Beautification Project be awarded to Mark Cerron, Inc., in the amount of $483,497.90, now, therefore be it

            Resolved, that the contract be amended for an additional $42,168.05 for work associated with blacktop installation in front of the curb, saw cut and blacktop behind the sidewalks and reconstruction of three catch basins.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

29.       By the Council                                                              seconded by the Council

            Whereas, the City’s Water Plant and Sewer Plant are no longer operational and are no longer necessary; and

            Whereas, the City has determined that it is in its best interest to re-develop this site; and

            Whereas, the City has solicited Requests for Proposal to re-develop the site; and

            Whereas, Woodbridge Contracting Group, Inc. has submitted a Proposal to construct luxury apartment condominiums on the site; now, therefore be it

            Resolved, that Woodbridge Contracting Group, Inc., its successors and/or assigns, is hereby appointed as the designated developer for the re-development of the City’s Water Plant/Sewer Plant site including the construction of luxury apartment condominiums in accordance with its Proposal; and be it further

            Resolved, that Mayor Ronald J. Pilozzi is hereby authorized and directed to negotiate a Developer’s Agreement between the City and Woodbridge setting forth the terms and conditions of construction and re-development; and be it further

Resolved, that the Developer’s Agreement shall be completed within sixty days or the designation may be rescinded by this Common Council.

 

Councilmember Davis – I would just like to thank Mr. Boyle for trying to take on a project of this magnitude.  The City hasn’t seen something like this since the RiverEdge town homes went up in that same area. Under the current proposal, what Mr. Boyle is presenting is 60 condominium units that will bring approximately ten to twelve million dollars back on our assessment rolls and about a quarter of a million dollars on our City tax roles once the project is completed.  Again, I would like to commend Mr. Boyle and I look forward to working with him as we get an agreement, and then moving forward on the this project.           

 

Council President Zeisz – I’d also like to point out, one of the things that, and this is very long term, but one of the things that will probably almost definitely have to happen is that we’ll have to address the traffic assuming that this project does come to fruition, and that will probably have something to do with the way the road used to go right into Bouck Street.  There will probably be an adjustment to the driveway where they will actually be a road that would lead right back there and then the current drive way would probably be closed off to traffic other than for the police.  So, that’s just a side note and I also look forward to working with Mr. Boyle and that will commence very shortly.  

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

30.       By the Council                                                              seconded by the Council

            Resolved, that the following certificates of insurance and bonds for plumbers be filed and a license be issued for said plumbers to do business in the City of  Tonawanda.  They are:  H&M Plumbing & Mechanical Contracting, Inc., (David J. Morrison); J.A. Brundage – The Drain Doctor, Inc. (John A. Brundage); T-Mark Plumbing (Jeffrey H. Miller).

               

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

31.       By the Council                                                              seconded by the Council

            Resolved, that the City of Tonawanda Code, Chapter 14, entitled Building and Building Regulations, Articles 1-4, shall be amended to read as follows:

 


 

Chapter 14  BUILDINGS AND BUILDING REGULATIONS*

 

*Cross references: Contractors, § 18-191 et seq.; environment, ch. 26; floods, ch. 34; solid waste, ch. 50; waste generated by contractors, § 50-44; streets, sidewalks and other public places, ch. 54; subdivisions, ch. 58; utilities, ch. 66; vegetation, ch. 70; protection of trees during construction operations or moving of buildings, § 70-73; waterways, ch. 78; zoning, ch. 82; swimming pools, § 82-411 et seq.

State law references: General authority to regulate building and construction, General City Law § 20(12), (35).

 

ARTICLE 1.  IN GENERAL

 

Secs. 14-1--14-30.  Reserved.

 

ARTICLE 2. ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE

 

DIVISION 1. PURPOSE AND INTENT

 

14-31. This ordinance 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 ordinance 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 ordinance, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this ordinance.

 

14-32. The city hereby adopts the New York State Uniform Fire Prevention and Building Code, and all amendments hereafter enacted, as the building code for the city.

 

Secs. 14-33--14-40.  Reserved.

 

DIVISION 2. DEFINITIONS

 

14-41.  Unless otherwise expressly stated, the following words and terms shall, for the purposes of this chapter, have the meanings shown in this section.

 

      (a)“Building Inspector” shall mean the Building Inspector appointed pursuant to section 14-52 of this ordinance.  “Building Inspector” shall also include anyone designated by the Building Inspector to perform any or all of his duties.

 

      (b) “Building Permit” shall mean a permit issued pursuant to Division 4 of this ordinance. The term “Building Permit” shall also include a Building Permit, which is renewed, amended or extended pursuant to any provision of this ordinance.

 

      (c) “Certificate of Compliance” shall mean a certificate issued pursuant to Division 7 of this ordinance.

 

      (d) “Certificate of Occupancy” shall mean a certificate issued pursuant to Division -7 of this ordinance.

 

      (e) “City” shall mean the City of Tonawanda.

 

      (f) “Code Enforcement Personnel” shall include the Building Inspector, Fire Chief, Plumbing Inspector and all Inspectors appointed to perform such duties.

 

      (g) “Compliance Order” shall mean an order issued by the Building Inspector pursuant to section 14-191 of this ordinance.

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

 

      (i) “Fire Chief” shall mean the Fire Chief of the City of Tonawanda.  “Fire Chief” shall also include anyone designated by the Fire Chief to perform any or all of his duties.

 

      (j) “Inspector” shall mean an inspector designated by the Building Inspector or the Fire Chief.

 

      (k) “Operating Permit” shall mean a permit issued pursuant to Division 10 of this ordinance. The term “Operating Permit” shall also include an Operating Permit, which is renewed, amended or extended pursuant to any provision of this ordinance.

 

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

 

      (m) “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.

 

      (n) “Plumbing Inspector” shall mean the Plumbing Inspector of the City of Tonawanda.  “Plumbing Inspector” shall also include anyone designated by the Plumbing Inspector to perform any or all of his duties.

 

      (o) “Plumbing Permit” shall mean a permit issued pursuant to Division 4 of this ordinance. The term “Plumbing Permit” shall also include a Plumbing Permit, which is renewed, amended or extended pursuant to any provision of this ordinance.

 

      (p) “Stop Work Order” shall mean an order issued pursuant to Division 6 of this ordinance.

 

      (q) “Temporary Certificate” shall mean a certificate issued pursuant to section 14-114 of this ordinance.

 

      (r) “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.

 

Secs. 14-42--14-50.  Reserved.

 

DIVISION 3. INSPECTORS

 

14-51.  The office of The Building Inspector is hereby created. The Building Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this ordinance. The Building Inspector shall have the following powers and duties:

 

      (a) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance and Temporary Certificates, 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 and Temporary Certificates, and to include in Building Permits, Certificates of Occupancy, Certificates of Compliance, and Temporary Certificates such terms and conditions as the Building Inspector may determine to be appropriate;

 

      (c) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance and Temporary Certificates, property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this ordinance;

 

      (d) to issue Stop Work Orders;

     

      (e) to review and investigate complaints;

      (f) to issue orders pursuant to Division 15 of this ordinance;

 

      (g) to maintain records;

 

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

 

      (i) to pursue administrative enforcement actions and proceedings;

 

      (j) 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 ordinance, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this ordinance; and

 

      (k) to exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this ordinance.

 

14-52.  The Building Inspector shall be appointed by The Common Council in compliance with Civil Service Law. The Building Inspector 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 Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated there under.

 

14-53.  In the event that the Building Inspector is unable to serve as such for any reason, the City Engineer shall serve as Acting Building Inspector. The Acting Building Inspector shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Building Inspector by this ordinance.

 

14-54. One or more Inspectors may be appointed by the Building Inspector to act under the supervision and direction of the Building Inspector and to assist the Building Inspector in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspector by this ordinance. 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 there under.

 

14-55. The office of The Fire Chief is hereby created. The Fire Chief shall administer and enforce all the provisions of the Uniform Code relating to fire prevention and property maintenance and this ordinance. The Fire Chief shall have the following powers and duties:

 

      (a) to receive, review, and approve or disapprove applications for Operating Permits, and the plans, specifications and construction documents submitted with such applications;

 

      (b) upon approval of such applications, to issue Operating Permits, and to include in Operating Permits such terms and conditions as the Fire Chief may determine to be appropriate;

 

      (c) to conduct inspections, inspections to be made prior to the issuance of Operating Permits, fire and property maintenance inspections at intervals consistent with this ordinance, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this ordinance;

 

      (d) to review and investigate complaints;

 

      (e) to issue orders pursuant to Division 15 of this ordinance;

 

      (f) to maintain records;

 

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

 

      (h) to pursue administrative enforcement actions and proceedings;

 

      (i) 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 ordinance, or to abate or correct conditions not in compliance with the Uniform Code or this ordinance; and

 

      (j) to exercise all other powers and fulfill all other duties conferred upon the Fire Chief by this ordinance.

 

14-56. One or more Inspectors may be appointed by the Fire Chief to act under the supervision and direction of the Fire Chief and to assist the Fire Chief in the exercise of the powers and fulfillment of the duties conferred upon the Fire Chief by this ordinance. 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 there under.

 

14-57. The office of The Plumbing Inspector is hereby created. The Plumbing Inspector shall administer and enforce all the provisions of the Uniform Code relating to The Plumbing Code of The State of New York and the Energy Code. The Plumbing Inspector shall have the following powers and duties:

 

      (a) to receive, review, and approve or disapprove applications for Plumbing Permits, and the plans, specifications and construction documents submitted with such applications;

 

      (b) upon approval of such applications, to issue Plumbing Permits, and to include in Plumbing Permits, such terms and conditions as the Plumbing Inspector may determine to be appropriate;

 

      (c) to conduct plumbing inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance and Temporary Certificates, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this ordinance;

 

      (d) to issue Stop Work Orders;

 

      (e) to review and investigate complaints;

 

(f) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this       ordinance;

 

      (g) to maintain records;

 

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

 

      (i) to pursue administrative enforcement actions and proceedings;

 

      (j) 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 ordinance, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this ordinance; and

 

      (k) to exercise all other powers and fulfill all other duties conferred upon the Plumbing Inspector by this ordinance.

 

14-58.  The compensation for the Building Inspector, Fire Chief, Plumbing Inspector and all other inspectors shall be fixed from time to time by the Common Council of this City.

 

Secs. 14-59--14-70.  Reserved.

 

DIVISION 4. PERMITS.

 

14-71. Building or Plumbing Permits Required. Except as otherwise provided in subdivision (a) of this section, a Building Permit and or a Plumbing 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 and or Plumbing Permit is required without first having obtained a Building Permit from the Building Inspector or a Plumbing Permit from the Plumbing Inspector or both if required.

 

      (a) Exemptions. No Building Permit or Plumbing 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 a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 18 inches and are installed entirely above ground;

 

      (3) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

 

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

 

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

 

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

 

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

 

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

 

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

 

      (10) repairs, provided that such repairs do not involve (i) the removal or cutting away of a load bearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time, or (v) the removal and/or installation of exterior siding or roofing on more than 50% of the exterior surface with any 12 month period, or (vi) the ,installation, repair or replacement of any underground storm sewer, sanitary sewer or water supply piping.

 

14-72.  Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a Building Permit or Plumbing 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.

 

14-73.  Applications for Building Permits and Plumbing Permits. Applications for a Building Permit or a Plumbing Permit shall be made in writing on a form provided by or otherwise acceptable to the Building Inspector or the Plumbing Inspector. The owner of the property where the work is to be performed or an authorized agent of the owner shall sign the application. Plumbing permits must be signed by the property owner or a City of Tonawanda licensed plumber.  The application shall include such information, as the Building Inspector or Plumbing Inspector deems sufficient to permit a determination by the Building Inspector or Plumbing Inspector 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:

     

      (a) a description of the proposed work;

 

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

 

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

 

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

 

      (e) at least 2 sets of construction documents (drawings and/or specifications) which (1) define the scope of the proposed work; (2) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (3) indicate with sufficient clarity and detail the nature and extent of the work proposed; (4) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (5) 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.

 

14-74.  Construction documents. Construction documents will not be accepted as part of an application for a Building Permit or Plumbing Permit unless they satisfy the requirements set forth in paragraph (e) of section 14-73 of this section. Construction documents which are accepted as part of the application for a Building Permit or Plumbing Permit shall be marked as accepted by the Building Inspector or Plumbing Inspector in writing or by stamp. The Building Inspector or Plumbing Inspector shall retain one set of the accepted construction documents, 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 or Plumbing Permit will be issued. Work shall not be commenced until and unless a Building Permit or Plumbing Permit is issued.

 

14-75.  Issuance of Building Permits or Plumbing Permits. An application for a Building Permit or Plumbing Permit shall be examined within 60 days from the date of submission of the completed application to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Building Inspector or Plumbing Inspector shall issue a Building Permit or Plumbing Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. If the proposed work is in anyway not in compliance with the applicable requirements of the Uniform Code and Energy Code then written notice shall be given to the applicant citing the deficiencies that must be corrected.

 

14-76. Building Permits and Plumbing Permits to be displayed. Building Permits and Plumbing Permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

14-77. 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 or Plumbing Permit. The Building Permit or Plumbing Permit shall contain such a directive. The Permit Holder shall immediately notify the Building Inspector or Plumbing Inspector of any change occurring during the course of the work. The Building Permit or Plumbing Permit shall contain such a directive. If the Building Inspector or Plumbing Inspector determines that such change warrants a new or amended Building Permit or Plumbing Permit, such change shall not be made until and unless a new or amended Building Permit or Plumbing Permit reflecting such change is issued.

 

14-78. Time limits. Building Permits and Plumbing Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits and Plumbing Permits shall expire 24 months after the date of issuance. A Building Permit or Plumbing 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 Building Inspector.

 

14-79. Revocation or suspension of Building Permits and Plumbing Permits. If the Building Inspector or Plumbing Inspector determines that a Building Permit or Plumbing Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit or Plumbing Permit was issued violates the Uniform Code or the Energy Code, the Building Inspector or Plumbing Inspector shall revoke the Building Permit or Plumbing Permit or suspend the Building Permit or Plumbing 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.

 

14-80. Fee. The fee specified in or determined in accordance with the provisions set forth in section 30-121 of The Code of The City of Tonawanda must be paid before the issuance of a Building Permit or Plumbing Permit, of an amended Building Permit or Plumbing Permit, or for renewal of a Building Permit or Plumbing Permit.

 

Secs. 14-81--14-90.  Reserved.

 

DIVISION 5. CONSTRUCTION INSPECTIONS.

 

14-91. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector, the Plumbing Inspector or by an Inspector authorized by the Building Inspector or Plumbing Inspector to perform such inspection. The Permit Holder shall notify the Building Inspector when any element of work described in section 14-92 is ready for inspection.

 

14-92. Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

 

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

 

      (b) footing and foundation;

 

      (c) preparation for concrete slab;

 

      (d) framing;

 

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

 

      (f) fire resistant construction;

 

      (g) fire resistant penetrations;

 

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

 

      (i) Energy Code compliance; and

 

      (j) a final inspection after all work authorized by the Building Permit has been completed.

 

14-93. 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.

 

Secs. 14-94--14-100.  Reserved.

 

DIVISION 6. STOP WORK ORDERS.

 

14-101. Authority to issue. The Building Inspector or Plumbing Inspector are authorized to issue Stop Work Orders pursuant to this section. The Building Inspector or Plumbing Inspector shall issue a Stop Work Order to halt:

   

      (a) any work that is determined by the Building Inspector or Plumbing Inspector 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 or Plumbing Permit is required, and without regard to whether a Building Permit or Plumbing Permit has or has not been issued for such work, or

 

      (b) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector or Plumbing Inspector, without regard to whether such work is or is not work for which a Building Permit or Plumbing Permit is required, and without regard to whether a Building Permit or Plumbing Permit has or has not been issued for such work, or

 

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

 

14-102. Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Building Inspector or Plumbing Inspector, (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.

 

14-103. Service of Stop Work Orders. The Building Inspector or Plumbing Inspector 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 Building Inspector or Plumbing Inspector 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.

 

14-104. 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.

 

 

 

14-105. 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 Division 15 of this ordinance or under any other applicable ordinance 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.

 

Secs. 14-106--14-110.  Reserved.

 

DIVISION 7. CERTIFICATES OF OCCUPANCY / CERTIFICATES OF COMPLIANCE

 

14-111. Certificate required. A Certificate of Occupancy / Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy.

 

14-112. Issuance of Certificates of Occupancy / Certificate of Compliance. The Building Inspector shall issue a Certificate of Occupancy / Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Building Inspector or an Inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy / Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the Certificate of Occupancy / Certificate of Compliance, shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy / Certificate of Compliance:

 

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

 

      (b) flood hazard certifications.

 

14-113. Contents of Certificates of Occupancy / Certificate of Compliance. A Certificate of Occupancy / Certificate of Compliance shall contain the following information:

 

      (a) the Building Permit number, if any;

 

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

 

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

 

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

 

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

 

      (f) the type of construction of the structure;

 

      (g) the assembly occupant load of the structure, if any;

 

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

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

 

      (j) the signature of the Building Inspector issuing the Certificate of Occupancy / Certificate of Compliance and the date of issuance.

 

14-114. Temporary Certificate. The Building Inspector 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 Building Inspector issue a Temporary Certificate unless the Building Inspector 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 Building Inspector 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 Building Inspector and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

 

14-115. Revocation or suspension of certificates. If the Building Inspector determines that a Certificate of Occupancy / Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate.

 

Secs. 14-116--14-120.  Reserved.

 

DIVISION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.

 

14-121. The chief of any fire department providing fire fighting services for a property within this City shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.

 

Secs. 14-121--14-130.  Reserved.

 

DIVISION 9. UNSAFE BUILDING AND STRUCTURES

 

14-131. Unsafe structures and equipment in this City shall be identified and addressed in accordance with the procedures established by Chapter 14, Article 6 of the Code of The City of Tonawanda, as now in effect or as hereafter amended from time to time.

 

Secs. 14-132--14-140.  Reserved.

 

DIVISION 10. OPERATING PERMITS.

 

14-141. Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below:

 

      (a) 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;

 

      (b) 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;

      (c) use of pyrotechnic devices in assembly occupancies;

 

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

 

      (e) 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.

 

14-142. Any person who proposes to undertake any activity or to operate any type of building listed in this Division 10 shall be required to obtain an Operating Permit prior to commencing such activity or operation.

 

14-143. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Fire Chief. Such application shall include such information as the Fire Chief deems sufficient to permit a determination by the Fire Chief that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Fire Chief 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 Fire Chief, at the expense of the applicant.

 

14-144. Inspections. The Fire Chief or an Inspector authorized by the Fire Chief shall inspect the subject premises prior to the issuance of an Operating Permit.

 

14-145. 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 Fire Chief may require a separate Operating Permit for each such activity, or the Fire Chief may, in his or her discretion, issue a single Operating Permit to apply to all such activities.

14-146. Duration of Operating Permits. Operating Permits shall remain in effect until reissued, renewed, revoked, or suspended.

 

14-147. Revocation or suspension of Operating Permits. If the Fire Chief 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.

 

Secs. 14-148--14-150.  Reserved.

 

DIVISION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS

 

14-151. Inspections required. The Fire Chief shall perform fire safety and property maintenance inspections of buildings and structures at the following intervals:

 

      (a) 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.

 

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

 

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

 

14-152. 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 Fire Chief at any time upon:

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

 

      (b) receipt by the Fire Chief of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

 

      (c) receipt by the Fire Chief of any other information, reasonably believed by the Fire Chief 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.

 

14-153. OFPC Inspections. Nothing in this section or in any other provision of this ordinance 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.

 

14-154. Fees. Fees for inspections required by Division 11 shall be collected as established in Section 30-129.

 

Secs. 14-155--14-160.  Reserved.

 

DIVISION 12. COMPLAINTS

 

14-161. The Building Inspector, Fire Chief or Plumbing Inspector 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 ordinance, or any other 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 Building Inspector, Fire Chief or Plumbing Inspector may deem to be 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 ordinance;

 

      (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.

 

Secs. 14-162--14-170.  Reserved.

 

DIVISION 13. RECORD KEEPING.

 

14-171. The Building Inspector, Fire Chief or Plumbing Inspector shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:

 

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

 

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

 

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

 

      (d) all inspections and tests performed;

 

      (e) all statements and reports issued;

 

      (f) all complaints received;

 

      (g) all investigations conducted;

 

      (h) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this ordinance, including; and

 

      (i) all fees charged and collected.

 

      (j) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation.

 

Secs. 14-172--14-180.  Reserved.

 

DIVISION 14. PROGRAM REVIEW AND REPORTING

 

14-181. The Building Inspector shall annually submit to Common Council of this City a written report and summary of all business conducted by the Building Inspector and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this ordinance and a report and summary of all appeals or litigation pending or concluded.

 

14-182. The Building Inspector 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.

 

14-183. The Building Inspector 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. 

 

Secs. 14-184--14-190.  Reserved.

 

DIVISION 15: VIOLATIONS

 

14-191. Compliance Orders. The Building Inspector, Fire Chief or Plumbing Inspector are 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 ordinance. Upon finding that any such condition or activity exists, the Building Inspector, Fire Chief or Plumbing Inspector shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Building Inspector, Fire Chief or Plumbing Inspector; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this ordinance; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this ordinance which is/are violated by the specified condition or activity; (5) specify the period of time which the Building Inspector, Fire Chief or Plumbing Inspector deems to be reasonably necessary for achieving compliance; (6) direct that compliance 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 Building Inspector 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 Building Inspector, Fire Chief or Plumbing Inspector 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 mentioned in this sentence shall not affect the efficacy of the Compliance Order.

 

14-192. Appearance Tickets. The Building Inspector, Fire Chief or Plumbing Inspector and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

 

14-193. Penalties.  In addition to those penalties proscribed by State law, Any person who shall willfully fail to comply with a written order of the building inspector and/or fire chief or his designee within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor and subcontractor, plumber or construction superintendent, or their agents, or any other persons taking part or assisting in the construction or use of any building, who shall violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the building inspector and/or fire marshal made hereunder, or any person who shall violate any of the provisions of this article, the New York State Uniform Fire Prevention and Building Code or any rules or regulations adopted pursuant to this article, or who shall violate or fail to comply with any order made hereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder, in addition to any other penalties provided for in this article, shall severally for each and every such violation be punished as provided in section 1-7. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violation or defects within a reasonable time. When not otherwise specified, each day that the prohibited condition or violation continues shall constitute a separate offense. The imposition of any such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.

 

14-194. 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 ordinance, or any term or condition of any Building Permit, Certificate of Occupancy, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Building Inspector, Fire Chief or Plumbing Inspector pursuant to any provision of this ordinance. 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 ordinance, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this ordinance, 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.

 

14-195. 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 ordinance, in any other section of this ordinance, 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 ordinance, in any other section of this ordinance, 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 381 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 381 of the Executive Law.

 

Secs. 14-196--14-200.  Reserved.

DIVISION 16: FEES

 

14-201. A fee schedule 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, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Building Inspector described in or contemplated by this ordinance.

 

Secs. 14-202--14-210.  Reserved.

 

DIVISION 18. PARTIAL INVALIDITY

 

14-211. If any section of this ordinance 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 ordinance.

 

Secs. 14-212--14-220.  Reserved.

 

DIVISION 19. EFFECTIVE DATE

 

14-221 This ordinance shall take effect

 

Secs. 14-222--14-230.  Reserved.

 

ARTICLE 3.  ELECTRICAL STANDARDS

 

DIVISION 1.  GENERALLY

 

Sec. 14-231.  Penalties.

      (a)  Any person who shall violate any of the provisions of the code adopted by this article, or who fails to comply therewith, or who shall violate or fail to comply with any order made hereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder or any certificate or permit issued hereunder, or who shall fail to comply with such an order as affirmed by the common council or by a court of competent jurisdiction within the time fixed therein, shall severally, for each and every such violation and noncompliance respectively, be punished as provided in section 1-7. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time as determined by the building inspector. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

 

      (b)  The application of the penalty in subsection (a) of this section shall not be held to prevent the enforced removal of prohibited conditions.

 

Sec. 14-232.  Disclaimer of liability.  This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring, devices, appliances or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the city or the state board of fire underwriters be deemed to have assumed any such liability by reason of any inspection made pursuant to this article.

 

Sec. 14-233.  National Electrical Code adopted. There are hereby adopted by the common council, for the purpose of prescribing regulations governing conditions hazardous to life and property from electricity, the standards of that certain codes known as the National Electrical Code and National Electrical Safety Code as referenced in the New York State Uniform Fire Prevention and Building Code.

 

Secs. 14-234--14-250.  Reserved.

 

DIVISION 2.  ADMINISTRATION AND ENFORCEMENT

 

Sec. 14-251.  Generally.  The electrical code shall be enforced by and be operated under the supervision of the building inspector.

 

Sec. 14-252.  Inspectors.

 

                (a)   The building inspector may detail such members of the building department as inspectors as shall from time to time be necessary. The building inspector shall accept the assistance of the city electrician and the inspectors of the state board of fire underwriters when such assistance is available.

 

      (b)  The chief inspector and each of the duly appointed inspectors of the state board of fire underwriters are hereby authorized and deputized as agents of the city to make inspections and reinspections of all electrical installations and to approve or disapprove such installations.

 

      (c)  The cost or expense of such inspections and reinspections by the chief inspector and inspectors of the state board of fire underwriters shall not be a charge against the city unless the common council shall authorize payment therefore.

 

Sec. 14-253.  Inspections generally; certificate of compliance. The chief inspector of the state board of fire underwriters shall report, in writing, to the city building inspector all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code and of all local laws and ordinances and the building code as referred to in this article insofar as any of such provisions apply to electrical wiring. The inspector shall make inspections and reinspections of electrical installations in and on properties in the city upon the written request of an authorized official of this city or as provided in this article. The inspectors are authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in and on properties within the city where they deem it necessary for the protection of life and property. In the event of an emergency, it is the duty of the inspectors to make electrical inspections upon the oral request of an official or officers of the city and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. The chief inspector shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this article. The chief inspector shall direct that a copy of the certificate of compliance be sent to the building inspector of this city.

 

Sec. 14-254.  Application for inspection; connection of power supply. It shall be a violation of this article for any person to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties in the city until an application for inspection has been filed with the state board of fire underwriters. It shall be a violation of this article for a person to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to the issuance of a temporary certificate or a certificate of compliance by the state board of fire underwriters.

 

Secs. 14-255--14-260.  Reserved.

 

 

 

 

 

ARTICLE 4.  PLUMBING

 

DIVISION 1. PURPOSE AND INTENT

 

14-261.  This Article provides for the administration and enforcement of the licensing of and regulations regulating to the business of plumbing in the City of Tonawanda. This Article is adopted pursuant to Article 4 of General City Law of the State of New York entitled Plumbing and Drainage.  Except as otherwise provided in this Article any person engaged in the business of plumbing in this City, is subject to the provisions of Article 4 of General City Law of The State of New York and of this Article.

 

DIVISION 2. DEFINITIONS

 

14-262. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Article, have the meanings shown in this section.

 

      (a) “Certificate of Competency” shall mean a certificate issued by the plumbing board that the applicant has satisfied all of the requirements of the plumbing board relating to the issuance of said certificate.

 

      (b) “City” Shall mean The City of Tonawanda

 

      (c) “Employing Plumber” shall mean a person, partnership, corporation or any entity which complies with the requirements of a Master Plumber and who shall have under his direct employment persons performing the work of a plumber.

      (d) “Journeyman Plumber” shall mean any person, qualified under this article, who customarily performs the work of installing plumbing and drainage under the employment and direction of a master plumber and who holds a current City Journeyman Plumbers License.

 

      (e) “Master Plumber” shall mean any person, firm or corporation, qualified under this article, engaging in, or about to engage in, the business of installing plumbing or plumbing systems and who holds a current City Master Plumbers License.

 

      (f) “Plumbing Board” Shall mean The Examining Board of Plumbers of The City of   Tonawanda

 

DIVISION 3. LICENSING OF PLUMBERS

 

14-263. Master Plumbing License

 

      (a) All master plumbing licenses so issued by the City Clerk shall be for one year from the 1st day of January in each year and may be renewed within thirty days preceding expiration. No persons holding such license issued by the City Clerk shall continue in the business or calling of a plumber or plumbing in the City of Tonawanda as employing or master plumber, after the expiration of his license. Every such employing or master plumber shall appear in person and register with the City Clerk, his name and address at the time such license is issued to him.

      (b) No such license shall be issued until the applicant shall have furnished a surety company bond in the amount of $5,000.00 conditioned to indemnify the City of and from all damage and loss resulting from or in any way caused by or connected with the improper, illegal or negligent work or omission of said applicant or by his failure to comply with these rules and regulations or with the Articles of the City or his failure to properly safeguard his work.

 

      (c) No such license shall be issued until the applicant shall have furnished a certificate of liability insurance in the amount of $1,00,000.00/$1,000,000.00 naming the City of Tonawanda as an additional insured, copy of said surety bond and certificate of insurance to be filed with application for license.

 

      (d) Any master plumbing license not renewed by April 1st of the year following the issuance of the license shall be considered abandoned and a new certificate of competency will be required before a new license is issued.

 

      (e) Each master plumber shall be responsible for violation of these rules by his employees.

 

      (f) No master plumber shall allow his name to be used by any other person or party, either for the purpose of obtaining permits or doing any work under his license.

 

      (g) All applicants for a master plumbers license must complete an application furnished by the plumbing board.  Applicants must be able to prove 10 years of experience in the plumbing trade.

 

      (h) No master plumbing license shall be issued to any persons or firms unless a certificate of competency, issued by the Plumbing Board, is on file in the City Clerk’s office.

 

14-264. Journeyman Plumbing License

 

      (a) All journeyman-plumbing licenses so issued by the City Clerk shall be for one year from the 1st day of January in each year and may be renewed within thirty days preceding such expiration. No persons holding such license issued by the City Clerk shall continue to work as a journeyman plumber in the City, after the expiration of his license. Every such journeyman plumber shall appear in person and register with the City Clerk, his name and address at the time such license is issued to him.

 

      (b) Any journeyman-plumbing license not renewed by April 1st of the year following the issuance of the license shall be considered abandoned and a new certificate of competency will be required before a new license is issued.

 

      (c) No journeyman plumber shall allow his name to be used by any other person or party for the purpose of doing any work under his license.

 

      (d) All applicants for a journeyman plumbers license must complete an application furnished by the Plumbing Board.  Applicants must be able to prove 4 years of experience in the plumbing trade under the supervision of a master or employing plumber.

 

      (e) No license shall be issued to any persons or firms unless a certificate of competency, issued by the plumbing board, is on file in the City Clerk’s Office.

 

      (f) For a period of one year from the effective date of this article, a certificate of competency may be issued to a journeyman plumber, without first passing the required journeyman plumber’s exam, who currently possess a valid journeyman plumber’s license from another municipality within the State of New York that requires an examination for a license.

 

DIVISION 4. LICENSE REQUIRED

 

14-265. Master or Journeyman Plumber’s License Required.

 

      (a) It shall be unlawful for any person, be he a master plumber or an employing plumber, to engage in the business of installing sanitary plumbing, storm water plumbing or water supply plumbing or to install sanitary plumbing, storm water plumbing or water supply plumbing for compensation or hire until such person shall have made application for and shall have received a certificate of competency from the plumbing board and a master plumbers license from the City Clerk which, authorizes him to engage in such business or to install such sanitary plumbing, storm water plumbing or water supply plumbing in accordance with the provisions of this article. 

 

      (b) It shall be unlawful for any person to engage in the work as a journeyman plumber until such person shall have made application for and shall have received a certificate of competency from the plumbing board and a journeyman plumbers license from the City Clerk which, authorizes him to engage in such work as a journeyman plumber in accordance with the provisions of this article.

      (c) It shall be unlawful for any master plumber to engage in the work of plumbing in the City unless the master plumber or a journeyman plumber in his employment is present on the site whenever plumbing work is being performed.

 

DIVISION 5. COMPLIANCE WITH ALL APPLICABLE LAWS

 

14-266  It shall be the duty of all licensed plumbers to comply with all Articles relating to the construction of buildings or other structures and to the construction of streets or sidewalk pavements and with all laws or Articles pertaining to or regulating the activities engaged in.

 

DIVISION 6. PENALTIES

 

14-267 Penalties

     

      (a) Except as stated in this article, violations of this article are punishable as provided in section 1-7.

 

      (b) Any master or journeyman plumber’s license or certificate of competency may be revoked by the plumbing board for repeated violations of any Article relating to the installation of plumbing, the construction of buildings, the use of streets or the replacing of streets, sidewalks or parkways, or any other Article relating to the work performed by such licensed plumber. Such revocation may be in addition to any fine imposed for violating this article.

 

DIVISION 7. FEES

 

14-268  The fee for a Master Plumber’s license or a Journeyman Plumber’s license or for any renewal thereof shall be as established in Section 30-130.

 

Secs. 14-269--14-300.  Reserved.

 

This ends the current requested ordinance update.  The following pages are the state law, which requires that we have this program in place.

 

TITLE 19 (NYCRR)

 

CHAPTER XXXII - DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION

 

PART 1203 - UNIFORM CODE: MINIMUM STANDARDS FOR ADMINISTRATION  AND ENFORCEMENT

 

Effective January 1, 2007

 

1203.1 Introduction. Section 381 of the Executive Law directs the Secretary of State to promulgate rules and regulations for administration of the Uniform Fire Prevention and Building Code (Uniform Code). These rules and regulations are to address the nature and quality of enforcement and are the subject of this Part.  

 

1203.2 Program for administration and enforcement.

 

(a) Every city, village, town, and county, charged under subdivision 2 of section 381 of the Executive Law with administration and enforcement of the Uniform Code shall provide for such administration and enforcement by local law, ordinance or other appropriate regulation. Any such instrument or combination thereof shall include the features described in section 1203.3 of this Part.

  

(b) Every state agency accountable under section 1201.2(d) of this Title for administration and enforcement of the Uniform Code shall provide for such administration and enforcement in accordance with Part 1204 of this Title.

  

(c) Every agency accountable under section 1201.2 of this Title for administration and enforcement of the Uniform Code and not otherwise included in subdivisions (a) and (b) of this section shall provide for such administration and enforcement in regulation. Any such regulation shall include the features described in section 1203.3 of this Part.

 

(d) Every government or agency thereof charged with administration and enforcement of the Uniform Code shall exercise its powers in due and proper manner so as to extend to the public protection from the hazards of fire and inadequate building construction.

 

(e) (1) Where a government or agency charged with or accountable for administration and enforcement of the Uniform Code relies upon the contracted-for services of an individual, partnership, business corporation or similar firm for the principal part of an administration and enforcement program, it shall satisfy itself that any such provider has qualifications comparable to those of an individual who has met the requirements of Part 434 of this Title.  (2) No agreement shall be made by which building permits, certificates, orders or appearance tickets related to administration and enforcement of the Uniform Code are issued by other than public officers.

 

(f) The persons, offices, departments, agencies or combinations thereof authorized and responsible for administration and enforcement of the Uniform Code, or any portion thereof, shall be clearly identified.

  

1203.3 Minimum features of a program for administration and enforcement of the Uniform Code. A program for administration and enforcement of the Uniform Code shall, include all features described in subdivisions (a) through (j) of this section. A government or agency charged with or accountable for administration and enforcement of the code must provide for each of the listed features through legislation or other appropriate means.

 

(a) Building permits.

 

(1) Building permits shall be required for work which must conform to the Uniform Code. A government or agency charged with or accountable for administration and enforcement of the Uniform Code may exempt from the requirement for a permit the categories of work listed in subparagraphs (i) through (xii) of this paragraph. An exemption from the requirement to obtain a permit shall not be deemed an authorization for work to be performed in violation of the Uniform Code. The following categories of work may be excluded from the requirement for a building permit:

 

(i) construction or installation of one story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88m2);

 

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

 

(iii) installation of swimming pools associated with a 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; 

 

(iv) installation of fences which are not part of an enclosure surrounding a swimming pool;

  

(v) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

   

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

  

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

(viii) installation of partitions or movable cases less than 5'-9" in height; (ix) painting, wallpapering, tiling, carpeting, or other similar finish work;

 

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

 

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

 

(xii) repairs, provided that such repairs do not involve:

 

(a) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component;

 

(b) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;

 

(c) the enlargement, alteration, replacement or relocation of any building system;

 

(d) the removal from service of all or part of a fire protection system for any period of time.

  

(2) An application for a building permit shall request sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code and shall require submission of the following information and documentation:

  

(i) a description of the proposed work;

  

(ii) the tax map number and the street address;

 

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

 

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

 

(v) at least 2 sets of construction documents (drawings and/or specifications) that define the scope of the proposed work.

   

(3) Construction documents shall not be accepted as part of an application for a building permit unless such documents:

 

(i) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

 

(ii) indicate with sufficient clarity and detail the nature and extent of the work proposed;

 

(iii) substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code.

  

(iv) where applicable, include a site plan that shows any existing and proposed 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 structures and the lot lines.

  

(4) Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code. Provisions shall be made for construction documents accepted as part of a permit application to be so marked in writing or by stamp. One set of accepted construction documents shall be retained by the government or agency charged with or accountable for administration and enforcement of the code. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement official. 

 

(5) A building permit shall contain a statement directing that all work shall be performed in accordance with the construction documents submitted and accepted as part of the application. In addition, a permit shall include the directive that the government or agency responsible for enforcement of the code shall be notified immediately in the event of changes occurring during construction. 

 

(6) Building permits shall be issued with a specific expiration date. A local government or agency responsible for enforcement of the Uniform Code may provide that a permit shall become invalid unless the work authorized is commenced within a specified period following issuance.

 

(7) When a building permit has been issued in error because of incorrect, inaccurate or incomplete information, or the work for which the permit was issued violates the Uniform Code, such permit shall be revoked or suspended until such time as the permit holder demonstrates that all work completed and all work proposed shall be in compliance with applicable provisions of the code. 

 

(8) Building permits shall be required to be visibly displayed at the work site and to remain visible until the project has been completed.

 

(b) Construction inspections. 

 

(1) Permitted work shall be required to remain accessible and exposed until inspected and accepted by the government or agency enforcing the Uniform Code. Permit holders shall be required to notify the government or agency when construction work is ready for inspection.

  

(2) Provisions shall be made for inspection of the following elements of the construction process, where applicable:

 

(i) work site prior to the issuance of a permit; (ii) footing and foundation; (iii) preparation for concrete slab; (iv) framing; (v) building systems, including underground and rough-in; (vi) fire resistant construction; (vii) fire resistant penetrations; (viii) solid fuel burning heating appliances, chimneys, flues or gas vents; (ix) energy code compliance; and (x) a final inspection after all work authorized by the building permit has been completed.

  

(3) 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. Construction work not in compliance with code provisions shall be required to remain exposed until it has been brought into compliance with the code, been reinspected, and been found satisfactory as completed.

 

(c) Stop work orders. Stop work orders shall be used to halt work that is determined to be contrary to provisions of the Uniform Code, or is being conducted in a dangerous or unsafe manner, or is being performed without obtaining a required permit. A stop work order shall state the reason for its issuance and the conditions which must be satisfied before work will be permitted to resume.

  

(d) Certificates of occupancy; certificates of compliance.

 

(1) A certificate of occupancy or a certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy or a certificate of compliance.

  

(2) Issuance of a certificate of occupancy or a certificate of compliance shall be preceded by an inspection of the building, structure or work. Where applicable, a written statement of structural observations and/or a final report of special inspections, prepared in accordance with the provisions of the Uniform Code, must be received prior to the issuance of the certificate. Also, where applicable, flood hazard certifications, prepared in accordance with the provisions of the Uniform Code must be received prior to the issuance of the certificate. A certificate of occupancy or certificate of compliance shall contain the following information:

 

(i) the building permit number, if any; (ii) the date of issuance of the permit, if any; (iii) the name, address and tax map number of the property; (iv) if the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued; (v) the use and occupancy classification of the structure; (vi) the type of construction of the structure; (vii) the assembly occupant load of the structure, if any; (viii) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (ix) any special conditions imposed in connection with the issuance of the building permit; and (x) the signature of the official issuing the certificate and the date of issuance.

 

(3) Temporary occupancy. A certificate allowing temporary occupancy of a structure may not be issued prior to the completion of the work which is the subject of a building permit unless the structure or portions thereof may be occupied safely, any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and all required means of egress from the structure have been provided. The effectiveness of a temporary certificate shall be limited to a specified period of time during which the permit holder shall undertake to bring the structure into full compliance with applicable provisions of the Uniform Code.

 

(4) A certificate of occupancy or certificate of compliance issued in error or on the basis of incorrect information shall be suspended or revoked if the relevant deficiencies are not corrected within a specified period of time.

 

(e) Notification regarding fire or explosion. Procedures shall be established for the chief of any fire department providing fire fighting services for a property to notify the code enforcement official of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.

  

(f) Procedures regarding unsafe structures and equipment. Procedures shall be established for identifying and addressing unsafe structures and equipment.

  

(g) Operating permits.

 

(1) Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

 

(i) 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), of the Fire Code of New York State (see 19 NYCRR Part 1225); (ii) 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; (iii) use of pyrotechnic devices in assembly occupancies; (iv) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and  (v) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the government or agency charged with or accountable for administration and enforcement of the Uniform Code.

 

(2) Parties who propose to undertake the types of activities or operate the types of buildings listed in paragraph (1) of this subdivision shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required. 

 

(3) An inspection of the premises shall be conducted prior to the issuance of an operating permit. 

 

(4) A single operating permit may apply to more than one hazardous activity.

(5) Operating permits may remain in effect until reissued, renewed or revoked or may be issued for a specified period of time consistent with local conditions.

 

(6) Where activities do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended.

 

(h) Fire safety and property maintenance inspections. Provisions shall be made for:

 

(1) fire safety and property maintenance inspections of buildings which contain an area of public assembly at intervals not to exceed one year; 

 

(2) fire safety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at intervals consistent with local conditions, but in no event shall such intervals exceed one year for dormitory buildings and three years for all other buildings.

 

(i) Procedure for complaints. Procedures shall be established for addressing bona fide complaints which assert that conditions or activities fail to comply with the Uniform Code or with local laws, ordinances or regulations adopted for administration and enforcement of the Uniform Code. The process for responding to such complaints shall include, when appropriate, provisions for inspection of the conditions and/or activities alleged to be in violation of the code or the laws and/or regulations adopted for administration and enforcement of the code. 

 

(j) Record keeping. A system of records of the features and activities specified in subdivisions (a) through (i) of this section and of fees charged and collected, if any, shall be established and maintained.

  

1203.4 Program review and reporting. (a) Every city, village, town, and county, charged under subdivision 2 of section 381 of the Executive Law with administration and enforcement of the Uniform Code shall annually submit to the Secretary of State, on a form prescribed by the Secretary, a report of its activities relative to administration and enforcement of the Uniform Code.  (b)  Upon request of the Department of State, every municipality or other agency subject to this Part shall provide from the records and related materials it is required to maintain excerpts, summaries, tabulations, statistics and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code.  Failure to produce the requested materials shall permit an inference that the minimum standards of this Part have not been met.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

32.       By Council President Zeisz                                     seconded by Councilmember Davis

            Resolved, that in recognition and compliance with the “New York State Open Meetings Law”, this Common Council will meet in Executive Session in the Common Council Chambers for the purpose of pending exempt City business, and further be it

            Resolved, that upon conclusion of the above stated business matters, the meeting shall again be open to the general public.  The reason for the Executive Session is to discuss the lawsuit of MacDonald vs. City of Tonawanda.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

 

Nancy Paschen, 5 Main Street – I would like to know, that meeting that you’re going to have with the Council with the Canal Fest director, can anybody attend that meeting?

 

Council President Zeisz – Yes, it’s an open meeting.

 

Nancy Paschen – Also, I have another question.  Two weeks ago some lady was up here mentioning the fact that she would like to buy some property and I was wondering if you people worked on that at all. 

 

Mayor Pilozzi – I received the correspondence and a phone call from that young lady.  She has changed her mind.  She’s no longer interested, at least this year.  She seems to think it’s too late to get everything in place.

 

Nancy Paschen – That’s true.  It’s going to take more than three months. 

 

Council President Zeisz - But just a point of information, I do think that there’s going to be interest on the Council to move ahead and sell that property because of it’s location along the creek.  I think we’d like to continue to rid the City of property that’s not bringing in any money.  So, I think it’s very possible the Council may move ahead to auction that property.   

 

Dennis Boyle, Woodbridge Contract Group – I was looking over my 2006 agenda before I circularly filed them and it was 11 months, almost to the date tonight, when we made the answer and presentation of our firm’s response to your great City’s RFP.  And as the old saying goes, “we’ve come a long way baby”.  My firm looks forward with much enthusiasm to this project and not for selfish reasons.  I think that this project will bring great recognition to the City of Tonawanda.  It’s my firm’s belief that it’s time that the City of Tonawanda is known for more than just a location on a map between the City of Buffalo and Niagara Falls.  I think that your City with it’s historic values, it’s beautiful location to the River, has a tremendous amount to offer the people of Western New York and in my opinion, in a lot of cases, much more than the other two cities.  Not to mention the added revenue as Councilman Davis stated. I hope this will stir additional re-development in other areas of the City.  I would like to take an opportunity to thank the ladies and gentlemen of the Common Council for their time and effort.  There are several people on the Council and officers of this great City that I really do think deserve special recognition for their diligence in keeping this project on the forefront of the town’s agenda.  In working with many cities for development such as that, I have a sense of how council people, supervisors of towns, etc. really feel and I have to sincerely believe through their input that it’s more than just a position.  These people on the Council, ladies and gentlemen, truly have the true heart of this City at stake and that is recognized by their effort, their thoughts in going into the process, not quickly judging or jumping to a decision but clearly thinking out, what is in the best interest for the City and the City’s people.  I’d like to give special recognition to those several people now.  The Honorable Mayor Ron Pilozzi, Common Council President Carl Zeisz, Common Councilmember of the 4th Ward, Mr. Richard Davis, and the City Corporate Council Attorney Ron Trabucco.  I think the City people owe a great deal of gratitude to everybody on the Common Council, but special recognition for those people.  Again, I’d like to thank you for this opportunity and more important, I’d like to thank the people of this great City for this opportunity and look forward to a very strong, close working relationship. 

 

COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Councilmember Kossow – I truly look forward to working with Mr. Boyle in the future, wish him the best, and I know we didn’t move quickly enough, as quickly as everyone wanted to, but at least now we’re going forward so that’s a good sign.  Also, I’d just like to recognize the events in the last couple of weeks, in receiving the $2.5 million for the Restore New York Grant.  Again, to Mayor Pilozzi, Don Witkowski, everyone that was involved in that project in getting that grant secured.  It’s going to go a long way in to further demolition and get us that much closer to the redevelopment of Spaulding Fibre.  So again, that and also the $1.1 million that we got through Senator Schumer and Senator Clinton, that’s a lot of money that we are able to put toward that project so I look forward to the next year and hopefully, we can get the same contractor we had previously to continue on the demolition of that project. 

 

Councilmember Waterhouse – First of all, I’d like to thank our City Engineer, Jason LaMonaco, for an update he sent me for the Benton Street Project.  Its nice to have something that I can print out and have in my file in case someone calls with a question.  I just want to say that publicly.  Second of all, when I was on afternoons, I stopped in the Senior Citizen Center and toured that and I met with Doreen Harris and it was just a wonderful experience.  Going through and seeing how everything that the Senior Center does for this City.  And lastly, our next meeting on February 5th, I’m sorry to say I will not be able to attend that meeting.  I will be having surgery that day but I should be back on my feet shortly. 

 

Councilmember Davis – I’d just like to thank Mr. Boyle for the kind words that he spoke.  I had the pleasure of sitting down with the new owner of the Hinds Street Plaza last week.  He has done considerable number of updates to that plaza.  The façade and the Orange Food Convenient Store just opened up the other day.  There are three vacant storefronts. He does plan on, hopefully by the end of the year, filing those storefronts with some businesses.  I’d like to welcome him to the City of Tonawanda and commend him on his efforts and wish him the best of luck moving forward with that plaza.  Like Jim mentioned, it was a nice one-two punch last week between the Restore New York and the Federal appropriation.  I’d just like to thank everybody on the Steering Committee, and especially Assemblyman Schimminger for doing all the leg work and the Assembly for the Restore New York Grant, and for the Federal appropriation, Senators Clinton and Schumer and Congresswoman Slaughter, for all their help.  Granted, it will take down what’s above ground, but there is at least a million dollars worth of concrete that will need to come out of there.  Plus in the summer the DEC will be policing their Record of Decision based on the amount of contamination that’s on that site.  So we might be a few years away from having a “shovel-ready”, clean site.  But, we are definitely a lot better than we were six months ago.  And lastly, DEC announced the testing of sump pumps along the landfill.  I’d like to commend them on a positive step forward in dealing with the residents concerns up there; however, the soil testing of the residents properties needs to occur one way, shape, or form, to ensure that none of this stuff was dumped on their properties or has migrated.  Again, I’d like to thank the DEC for agreeing to test sumps. 

 

Mayor Pilozzi – Councilman Davis mentioned the one-two punch.  Actually New York State added punch number three today.  As was mentioned by Councilman Davis, we received $1.146 million from Senators Schumer and Clinton for our Spaulding Fibre Project.  You add that to the $2.5 million from New York State from Restore New York Program and you’re darn close to what we need to knock down everything aboveground.  But in addition to that, that was told today that we’re going to get an additional $179,222.00 from New York State for aid and assistance for municipalities.  Hopefully, when you look at that big picture, we’re moving forward, we’re charging ahead, and the big one is Spaulding Fibre. In my book, it’s been the number one item on my radar screen only because it releases us from the shackles of an industrial past and gives us an opportunity to look forward, something this community hasn’t done, hasn’t been afforded in a long, long time, and you couple that with Mr. Boyle’s project, there’s nothing but brightness ahead for the City of Tonawanda, and I look forward to working with Mr. Boyle on that project.  Obviously, we need to put all the legal language together and I believe we have 60 days to do that.  I look forward to working with you Mr. Boyle on that project, along with our City Attorney Ron Trabucco.  So, there are a lot of bright things happening.  Just a little bit more on this $2.5 million Restore New York.  I would be afraid to thank individuals tonight because I sent letters out to most of the, if not all the State and Local representatives who have participated, especially in the bi-weekly Steering Committee meetings, but it was a “we” effort.  There was just an untold amount of time that we put into that particular submission and this time it worked and we got the maximum amount we could get.  So thanks and kudos go out to everybody that had anything to do with the $2.5 million Restore New York Grant.  There was an article today in the Buffalo News about Ives Pond and I’m here to tell you it’s cold enough for ice skating so if anybody wants to go over there and avail themselves of the facility, it’s time to do it.  We were very tentative about not doing it until we could be assured that there would be enough cold weather, a stretch of cold weather to freeze that over.  So it looks like we got it and it looks like it’s going to be here for a while.  Special thanks also go out to Texas Roadhouse and Professional Firefighters here in the City of Tonawanda.  Last week there was a fundraising event on Wednesday for Muscular Dystrophy. They put me in jail for a little bit and I noticed that the Professional Firefighters of this community got involved also. We, along with a number of other organizations, raised $40,000 that is supposed to stay in this area for Jerry’s Kids, so that’s always a nice thing.  In addition to the Hinds Street Plaza, we’re looking also forward to, and I talked to Councilman Davis tonight about another new business coming to the City of Tonawanda.  It’s called Awnings Plus.  Actually there’s two businesses there and they’ve done just a tremendous job of taking the Skill Buick building and turning it into just an absolutely stunning operation.  I believe there’s going to be a grand opening there some time at the end of February, early March, so I look forward to that too.   

 

Council President Zeisz – And I too look forward to working with Mr. Boyle and his company and I very much appreciate the fact that they have an interest in developing here in the City of Tonawanda.  As far as the Spaulding Project, I couldn’t even possibly begin to mention the people that have worked on this project because I think it’s important to remember this project didn’t start last year or two years ago.  I sat on this Council in the early 90’s when Spaulding finally said, “that’s enough, we’re gone, we’re out of here”.  In 1995 I sat in that back room and fought with the attorney from Spaulding to get a lousy $25,000 in taxes out of them because at that time they really felt they were walking away. They didn’t feel any need to make any kind of commitment to us. And then we went through a number of years where they were held up in bankruptcy and our hands were tied to do anything.  Now in recent years, things have started to change.  Going back, all the way to Mayor Roth and then to Mayor Gallagher, they both played a large part to pull some funds together for the project and then that’s continued with Mayor Pilozzi and member of the Council, members of Erie County.  It’s just been one of those things that when you sit here long enough, it’s gratifying to see a point come when you can see some daylight, where you can finally say to yourself, “this might really happen”.  I remember years ago looking at the Junior High when I was a kid thinking, there’s no way, that thing’s gonna sit there our entire life and look like a dump and then, you know eventually when I got on the Council and the Council started to work on it and the Mayor’sOffice, it finally came to fruition.  And Spaulding, in a much bigger way, is very similar.  At least now we can start to see some daylight that the project is going to move to the point where it can be developed.  I think that over the course of this year and next year, you’re going to see a lot more of this.  We have a better opportunity now with Spaulding, we’re moving ahead with the water plant. We’re gonna move ahead with the development up on Little League Drive, assuming everything falls into place, and we also want to pick up on an old theme that we had a few years ago that kind of got side tracked because we had a huge financial problem, and that would be to put a golf course on the Wales Landfill.  That was something that we had looked to do a number of years ago. Some type of executive style course on the Landfill to provide another source of recreation for our residents.  So I think there’s a lot of things happening and I look forward to these coming to fruition.  I have nothing further, thanks to everyone for coming tonight.  Have a good trip home and God bless you.      

 

ADJOURNMENT

 

33.       By Councilmember Kossow                                               seconded by Councilmember Davis

            Resolved, that this Common Council adjourn until February 5, 2008.  

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

 

Return to CITY OF TONAWANDA web page