Amsterdam City Zoning Code
ARTICLE X
Administration and Enforcement
§ 250-71 Enforcing official; inspections.
A.
The Code Enforcement Officer shall administer and enforce all provisions of this chapter except where otherwise specifically provided herein. Whenever any permit or other approval is required herein, the same shall be applied for and shall be issued in the first instance from the Code Enforcement Officer in accordance with the requirements of this chapter and applicable City regulations governing building construction and the issuance of building permits.
B.
The Code Enforcement Officer and his duly authorized representatives shall have the right to enter upon, examine, inspect or cause to be entered, examined and inspected any building or property at any reasonable time for the purpose of carrying out his duties and to determine compliance with the provisions of this chapter. A written report of each such examination and inspection shall be prepared on an appropriate form and kept on file in the offices of the Code Enforcement Officer.
§ 250-72 Powers and duties of Code Enforcement Officer.
In addition to all other authority conferred by law and within this chapter, the Code Enforcement Officer shall have the following powers and duties with respect to this chapter:
A.
Issuance of building permits. No building or structure shall be erected, altered, reconstructed or enlarged until the Code Enforcement Officer has issued a building permit stating that the proposed use and structure comply fully with all applicable provisions of the chapter. More particularly, no building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Commission, except in strict conformity with the plans approved by said Commission; and no building permit shall be issued for any special use in any district where such use is subject to approval by the Planning Commission, unless and until such approval has been duly granted by said Commission.
B.
Issuance of certificates of occupancy. No use shall be established or land or structure occupied nor shall any existing use of land or structure be changed until the Code Enforcement Officer has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter. More particularly, no certificate of occupancy shall be issued for any special use of a building or of land requiring special permit approval by the Planning Commission unless and until such special permit or site the Planning Commission has granted plan approval. Every certificate of occupancy for which special permit or site plan approval has been granted or in connection with which a variance has been granted by the Zoning Board of Appeals shall contain a detailed statement of any condition to which the same is subject and include, by attachment, a copy of such Zoning Board of Appeals decision.
C.
Issuance of notices of violation. Whenever, in the opinion of the Code Enforcement Officer, after proper examination and inspection, a violation appears to exist with any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall serve a written notice upon the appropriate person responsible for such alleged violation. Such notices shall be served in accordance with the requirements of § 250-73 herein.
D.
Issuance of stop orders. Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure or any use of land is occurring either in violation of the provisions of this chapter, not in conformity with any application made, permit granted or other approval issued hereunder or in an unsafe or dangerous manner, the Code Enforcement Officer shall promptly notify the appropriate person responsible to suspend the work on any such building or structure or the use of any such land. Such persons shall forthwith suspend such activity until the stop order has been rescinded and shall be served upon the person whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction or premises in use and additionally sending a copy of the same by certified mail.
E.
Emergency action. If, in the opinion of the Code Enforcement Officer, a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety, morals or welfare of occupants of a building or to other persons, the Code Enforcement Officer may direct such violation immediately remedied or may take direct action on his own initiative to abate the hazard and danger. Any costs incurred by such action shall be paid for by the owner, occupant or person responsible for the violation. The Code Enforcement Officer shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken and is furthermore authorized to institute a suit, if necessary, against the person liable for such expense or place a lien against property in order to recover said costs.
§ 250-73 Notice of violations.
A notice of violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto shall inform the recipient of:
§ 250-74 Penalties for offenses.
[Amended 2-4-2025 by Ord. No. 2-2025]
Violation of any provision or requirement of this chapter or violation of any statement, plan application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine of not less than $100 and not more than $1,000 and/or incarceration for a maximum of 15 days shall be imposed for each offense, and each day that such violation continues shall constitute a separate offense. The owner, general agent or contractor of a building premises or part there of where such a violation has been committed or does exist and any agent, contractor, architect, building, corporation or other person who commits, takes part or assists in such violation shall be liable for such an offense. All such penalties shall be collectible by and in the name of the City; each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such initial notice and subsequent weekly notice shall be given, in writing, by the Building Inspector and shall be served by certified mail or personal service.
A.
Court action. The imposition of penalties herein prescribed shall not preclude the City or any person from instituting appropriate legal action or proceedings to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.
B.
Taxpayer action. If the Code Enforcement Officer fails or refuses to act upon or refer a violation of this chapter to the Corporation Counsel for legal action in accordance with the provisions contained herein within a ten-calendar-day period following written request by any taxpayer to so proceed, then any three or more taxpayers of the City of Amsterdam may institute appropriate legal action in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
C.
Individual action. Nothing contained herein shall in any way restrict the right of an aggrieved individual to institute an appropriate legal action or proceeding on his own behalf for equitable relief or for damages alleged to have been suffered as a result of the violation of this chapter.