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HomeMy WebLinkAbout20210722 3 Orenda Springs Area Variance Notice of Violation City of Saratoga Springs =: ,���- NOTICE OF VIOLATION AND ORDER TO REMEDY BUILDING DEPARTMENT CODE AND ZONING ENFORCEMENT FIRE DEPARTMENT Patrick Cogan,Asst.Blc�glnspector John Donnelly, Code Administrator Aaron Dyer,Batt. Chief Duane Miller,Asst.Blc�g Inspector Julian Fonseca, Code Enforcement Technician Mark Bellantoni,Lt Jeanna Fritz,Asst.Blc�g Inspector Matther Derway,Lt John Barney,Asst.Blc�g&Const.Inspector Name of Person/Entity: Gregorio Morales Registered Agent: Gregorio Morales Location of Violation: 3 Orenda Springs, Saratoga Springs, New York 12866 Location of Person/Entity: 3 Orenda Springs, Saratoga Springs, New York 12866 Date of Observation: 10/9/2020 Tax Parcel Number: 190.12-4-2 Please note the following violations(s) of either: Title 19 of the New York State Code Rules and Regulations; Executive Law § 382; 2017 NYS Code Supplement; the Multiple Residence Law; and/or the Saratoga Springs City Code exist as outlined below: 1. IN VIOLATION OF: Saratoga Springs Code & Charter CODE: SSC&C CHAPTER: 118 SECTION: 4 Buildin�permits. A. Building permits required. Except as otherwise provided in Subsection B of this section,a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Department. DESCRIPTION OF THE VIOLATION: The owner of the premises and/or registered agent is violating the Saratoga Springs City Code by failing to ensure the structure(s) located at the above cited property has been erected and/or altered with the benefit of an official building permit and/or demolition permit, and the corresponding inspection schedule. TO MEET COMPLIANCE: The owner of the premises and/or registered agent must immediately cease all construction activity governed by the Uniform Building Code of New York State. Once the review process of your demolition and/or building permit is complete, approved, and issued,then and only then may construction activity resume. Be advised,the location of the carport may violate the side setbacl<s required in your UR-1 Zoned property. Be advised,the deck constructed in your backyard invalidates the protective barrier required by your pool Certificate of Compliance/Occupancy. Due to this construction the Certificate of Compliance/Occupancy for the pool is invalid and thereby revoked. It is required that all use of the pool cease and the barrier be restored accordingly. Z. IN VIOLATION OF: 2020 Property Maintenance Code of New York State CODE: 2020 PMCNYS CHAPTER: 302, 303 SECTION: 302.2 Enclosures, 303.2.1 Compliance DESCRIPTION OF THE VIOLATION: The owner of the premises and/or registered agent is violating the Property Maintenance Code of New York State by failing to ensure the pool/spa located at the above cited address is maintained with an appropriate barrier to provide protection against potential drowning and near drowning by restricting access. TO MEET COMPLIANCE: The owner of the premises and/or registered agent must immediately cease and desist all use of the swimming pool at the above cited address.The Certificate of Compliance/Occupancy is invalidated and thereby revoked until such a time as a building permit has been issued and corresponding inspection schedule completed for the abutting decl<. Until the new Certificate of Compliance/Occupancy is received,the pool must be closed with a code compliant device or a temporary barrier installed or to protection against potential drowning and/or near drowning. ALL COMPLIANCE WITH THIS ORDER TO REMEDY VIOLATIONS OF THE STATE CODE IS REQUIRED BY November 9, 2020, WHICH IS 30 DAYS AFTER THE DATE OF THIS ORDER IF THE PERSON OR ENTITY SERVED WITH THIS ORDER TO REMEDY FAILS TO COMPLY IN FULL WITH THIS ORDER TO REMEDY WITHIN THE 30 DAY PERIOD, THAT PERSON AND/OR ENTITY WILL BE SUBJECT TO A FINE OF NOT MORE THAN $1,000.00 DOLLARS PER DAY OF ViOLAT�ON, OR iMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH. Hearing and appeal fi-om cited violations of the New York State Code Rules and Regulations may be made pursuant to the Executive Law of the State of New York, Article 18, Section 381(� by contacting: N.Y.S.Dept.of State,Codes Division,One Commerce Plaza,99 Washington Ave., Suite 1160,Albany,NY 12231 518-474-4073 Dated: October 9, 2020 � ��� aaa ohn T. Donnelly III, de AdministratoN Department of Public Safety, City of Saratoga Springs 474 Broadway, Second Floor Saratoga Springs, New York 12866 Phone: (518) 587-3550 Ext. 2632 Fax: (518) 587-3282 Email: john.donnelly@saratoga-springs.org