STATE OF NEW YORK COUNTY OF OSWEGO CITY OF OSWEGO DEPARTMENT OF CODE ENFORCEMENT In the Matter of Violations of Chapter 83 of the Code of the City of Oswego and provisions of the New York State Fire Prevention and Building Code involving COMPLAINT #: 19-0456 PONTIAC NURSING HOME, LLC ORDER ON CONSENT 303 East River Road, Oswego, New York, Respondent, FINDINGS OF FACT 1, The City of Oswego and its Department of Code Enforcement (the City or DCE) is responsible for the administration and enforcement of Chapter 83 of the Code of the City of Oswego (the Code), as well as the provisions of the New York State Fire Prevention and Building Code, as well as the 2015 ICC Property Maintenance Code (Property Maintenance Code), and all applicable provision of the Official Compilation of Codes, Rules, and Regulations of the State of New York (NYCRR), promulgated pursuant thereto. 2. Pontiac Nursing Home, LLC (Respondent or Pontiac) is a limited liability company organized and existing under the laws of the State of New York and is located within the jurisdictional boundaries of the City in Oswego County, New York. 3. Pontiac owns a New York State licenses nursing home commonly known as the Pontiac Nursing Home (Facility) located at 303 East River Road, City of Oswego, County of Oswego, New York, 4. Chapter 83 enumerates conditions which make a building or structure dangerous based upon certain defects, including without limitation the following defects set out in §83-1: B. Those which, exclusive of the foundations, show 33% or more of damage ot deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering. C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. D. Those which have been damaged by fire, wind, or other causes s0 as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City of Oswego.E. Those which have become or are so dilapidated, decayed, unsafe or insanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living herein. F. Those buildings and structures, occupied or unoccupied, having light, air, water, electrical, hot water, and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein. G. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, fire escapes or other means of communication. H. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. 1. Those which, because of their condition, are unsafe, insanitary, or dangerous to the health, morals, safety or general welfare of the people of this City, J. Those buildings existing in violation of any provision of the Building Code of this City or any provisions of any ordinances relating to the prevention of fire or of other ordinances of this City or law of the State of New York now or hereafier adopted. 5. The City has declared the Facility a dangerous building in accordance with Chapter 83 of the Code. 6. Section 304.7 of the Property Maintenance Code requires the roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure, Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manger that creates a public nuisance. The Facility is in violation of Section 304.7, 7. Section 603.3 of the Property Maintenance Code requires clearances to combustible materials shall be maintained. The Facility is in violation of Section 603.3. 8. Section 605.1 of the Property Maintenance Code requires all electrical equipment, wiring and applications to be property installed and maintained in a safe and approved manner. The Facility is in violation of Section 605.1 9. Chapter 280 of the Code prohibits the storage of junk vehicles on property located within the City. ‘The Facility is in violation of Chapter 280 of the Code. RESPONDENT'S VIOLATIONS 10. Respondent has repeatedly and continuously violated the provisions of the Code, and the Property Maintenance Code up to and including the date of this Order.11. On or about March 8, 2019, the City served a Notice of Violations (NOV) on the Respondent. 12. On or about March 8, 2019, the DCE served an Order to Remedy (NOR) on the Respondent, 13. The Code provides for a civil penalty of up to $1,000 per day for each violation of the applicable provisions of the Code. 14. Respondent affirmatively waives the right to a hearing on this matter as provided by law, consents to the issuing and entering of this Order without further notice, and agrees to be bound by the provisions, terms, and conditions contained herein, ORDER NOW, having considered this matter and being duly advised, 1T Is ORDERED THAT: I. COMPLIANCE. Respondent shall comply with the provisions, terms, and conditions set forth in this Order. Respondent's failure to comply with any provision of this Order shall constitute a default and a violation of this Order. IL SCHEDULE FOR COMPLIANCE. Respondent shall fully comply with the Schedule for Compliance set forth as Schedule A to this Order. IM. CIVIL PENALTIES, @. Penalty. For the violations set forth herein, Respondent is hereby assessed and is liable for a civil penalty in the amount of Five Thousand dollars ($ 5,000.00). Respondent shall Properly execute this Consent Order and return the Order and a cashier's check, certified check, or money order made payable to the "City of Oswego” and mail both to City of Oswego, Kevin Caraccioli, City Attomey, 13 West Oneida Street, Oswego, New York 13126 b. Suspended Penalty. Respondent is further assessed a suspended penalty of ‘Twenty Thousand dollars ($20,000.00) to guaranty compliance with the provisions, terms, and conditions of this Order including Schedule of Compliance. ‘The suspended penalty to guaranty compliance shall become due and payable within fifteen calendar days after Respondent receives written notice from the City of Oswego that Respondent remains in violation of this Order and that Respondent failed to cure the deficiency and/or violation after being provided written notice and ten (10) days to cure the violation. Failure to pay any penalty in accordance with this paragraph shall constitute a violation of this Order and may result in the assessment of additional penalties, including without limitation an order directing the Facility to be vacated immediately. c. Violations of Milestone Due Dates. If Respondent fails to comply with any of the milestone due dates contained in the Schedule for Compliance at Schedule A to this Order or with any of the milestone duc dates established under approved schedules submitted under the ‘Schedule for Compliance, Respondents shall be in violation of this Order and shall be liable for a stipulated penalty for each day that each such failure continues, in the amounts set forth: