Schenectady City Zoning Code
ARTICLE XVII
Enforcement and Administration
§ 264-120 Enforcement.
The Building Inspector, the Zoning Officer, or their duly appointed representatives of the City of Schenectady are authorized and empowered to enforce the requirements of this chapter. The Zoning Officer shall cooperate with the Building Inspector to coordinate enforcement and inspection activities so as to achieve the greatest efficiency and avoid duplication of efforts.
§ 264-121 Building permits.
A.
No building or structure shall be erected, enlarged, structurally altered, demolished, moved or removed, wholly or partly, and no excavation for any building, structure or use shall be made without obtaining a building permit in accordance with the requirements of the City of Schenectady Building Code.
B.
Such building permit shall be issued only where the accompanying application, plans, drawings and specifications are in full conformity with the provisions of this chapter.
§ 264-122 Certificates of occupancy.
A.
It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, converted or enlarged, wholly or partly, in its use or structures, unless a certificate of occupancy shall have been issued by the Building Inspector in accordance with the requirements of the Building Code of the City of Schenectady.
B.
Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter.
§ 264-123 Inspections; right of entry.
The Building Inspector, the Zoning Officer or their duly appointed representatives are authorized to inspect and examine any building, structure, place or premises in the City of Schenectady to determine compliance with the provisions of this chapter. In performing such inspections, the Building Inspector, Zoning Officer or their duly appointed representatives shall have the right of entry.
§ 264-124 Certification by Zoning Officer.
[Amended 3-23-2009 by Ord. No. 2009-02]
Except as hereinafter provided, no building permit or certificate of occupancy involving new construction or expansion in bulk or floor area of any existing building or structure or the change in intensity of use of an existing building or structure shall be issued by any officer, department or employee of the City unless the application for such permit has been examined by the Zoning Officer and has affixed to it a certificate of the Zoning Officer indicating that the proposed building or structure complies with all the provisions of this chapter. Any building permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
§ 264-125 Liability.
A.
No officer, agent or employee of the City, including any member of the Planning Commission, Board of Zoning Appeals and Historic Districts Commission, shall be liable for any damages that may result to persons or property as a result of any act, decision or determination required or permitted under this chapter.
B.
Costs shall not be allowed against any such officer, agent or employee of the City, or Board or Commission, unless it shall be determined by a court of competent jurisdiction that such individual, Board or Commission acted with gross negligence or in bad faith or with malice in carrying out the powers and duties required or permitted in this chapter.
C.
Any suit brought against the City as a result of any act required or permitted in the implementation of this chapter shall be defended by the Corporation Counsel of the City until the final determination of the proceedings thereon.
§ 264-126 Fees.
A.
The City Council shall establish a schedule of fees for zoning amendments, special permits, appeals and variances and other matters pertaining to this chapter. The schedule of fees shall be available for public inspection in the office of the Building Inspector and Zoning Officer and may be amended only by the City Council. This schedule may be amended by resolution of the City Council.
B.
Until all applicable fees have been paid in full, no action shall be taken on any application or appeal. No fee shall be refunded except as may be authorized by the City Council in the establishment of a fee schedule.