The Code Enforcement Officer 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 chapter, or any other local law, 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 Code Enforcement Officer deems
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 § 54-19 of this chapter;
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.
A.
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
Code Enforcement Personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy/certificate
of compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
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.
A.
The Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 54-17 of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit
to the Secretary of State, on behalf of the Town, on a form prescribed
by the Secretary of State, a report of the activities of the Town
relative to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer 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 the Town
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of the Town in
connection with administration and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is
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, Energy Code, or this chapter. Upon
finding that any such condition or activity exists, the Code Enforcement
Officer shall issue a compliance order. The compliance order shall
be in writing; be dated and signed by the Code Enforcement Officer;
specify the condition or activity that violates the Uniform Code,
Energy Code, or this chapter; specify the provision or provisions
of the Uniform Code, Energy Code, or this chapter which is/are violated
by the specified condition or activity; specify the period of time
which the Code Enforcement Officer deems to be reasonably necessary
for achieving compliance; direct that compliance be achieved within
the specified period of time; and state that an action or proceeding
to compel compliance may be instituted if compliance is not achieved
within the specified period of time. The Code Enforcement Officer
shall cause the compliance order, or a copy thereof, to be served
on the owner of the affected property personally or by registered
mail. The Code Enforcement Officer 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 registered mail, provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Code.
C.
Civil penalties. In addition to those penalties provided
for by state law, any person who violates any provision of the Uniform
Code, Energy Code or this chapter, or any term or condition of any
building permit, certificate of occupancy/certificate of compliance,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Code Enforcement Officer pursuant to
any provision of this chapter, shall be liable for a civil penalty
of not more than $250 for each day or part thereof during which such
violation continues. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of the Town.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of the Town, 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, Energy Code, this
chapter, or any term or condition of any building permit, certificate
of occupancy and/or certificate of compliance, temporary certificate,
stop-work order, operating permit, compliance order, or other notice
or order issued by the Code Enforcement Officer pursuant to any provision
of this chapter. 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, Energy Code, this chapter, or
any stop-work order, compliance order or other order obtained under
the Uniform Code, Energy Code or this chapter, an action or proceeding
may be commenced in the name of the Town, 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 subsection shall be commenced without the appropriate
authorization from the Town Board.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 54-8 of this chapter, in any other section of this chapter, 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 § 54-8 of this chapter, in any other section of this chapter, 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 § 382 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 § 382 of the Executive Law.
F.
Responsibility for violations. A violation of this
chapter by any person, firm or corporation performing plumbing and/or
electrical work shall also be deemed a violation by the licensee,
the master plumber, the master electrician, the owner of the premises
on which such work is performed and the applicant for the plumbing
and/or electrical permit. A violation of this chapter by any person,
firm or corporation performing any other work covered by this chapter
shall also be deemed to be a violation by the applicant for the permit
and the owner of the premises on which such work is performed.
A.
A nonrefundable fee schedule shall be established
by resolution of the Town Board. Such nonrefundable 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, issuance of building, plumbing and/or electrical
permits, amended building, plumbing and/or electrical permits, renewed
building, plumbing, plumbing and/or electrical permits, certificates
of occupancy and/or certificate of compliance, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
B.
No building, plumbing and/or electrical permit shall
be issued until the nonrefundable fee(s) have been paid.
C.
Building permit fees shall be determined by the cost
of the proposed improvement, unless otherwise designated separately
in the fee schedule adopted by Town Board resolution. The value of
the improvement as determined by actual value of construction or estimated
value of construction shall be established by resolution of the Town
Board.
D.
In the event that work requiring a building, plumbing
and/or electrical permit is commenced prior to the issuance of the
permit, the fee for the permit shall be double the regular rate, or
the additional sum of $50, whichever is greater.
The Town Board may, by resolution, authorize
the Code Enforcement Officer to enter into an agreement, in the name
of the Town, with other governments to carry out the terms of this
chapter, provided that such agreement does not violate any provision
of the Uniform Code, Energy Code, Part 1203 of Title 19 of the NYCRR,
or any other applicable law.
A.
The provisions of this chapter shall be applicable
to all properties in the Town of Tonawanda, exclusive of the Village
of Kenmore.
B.
Any provision of this chapter and any amendment thereto
which regulates the granting, expiration or revocation of permits,
the construction of buildings or the use of the premises shall be
applicable whether the permit was issued or such construction commenced
before or after the effective date of this chapter or any amendment
thereto.
A.
Except as otherwise provided for by this chapter or
state law, any violation by a person, firm or corporation of any provision
of this chapter, as amended from time to time, shall be deemed a violation
punishable by the following:
(1)
First violation, a written warning;
(2)
Second violation within 12 months of the first violation,
a fine of $50;
(3)
Third violation within 12 months of the first violation,
a fine of $100;
(4)
Fourth violation within 12 months of the first violation,
a fine of $150; and
(5)
Each subsequent violation within 12 months of the
first violation, a fine of $250.
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
D.
The notice of violation shall state the date of the
violation, specific violation, fine imposed and date on which the
violator may appear in the Town of Tonawanda Justice Court to contest
the violation. The notice of violation shall be signed and affirmed
by the Code Enforcement Officer or his designee.
E.
If a penalty imposed pursuant to this section remains
unpaid for 30 days, the Town Board may authorize the Town Attorney
to commence legal action to collect such fine.
A.
Appropriate action and proceedings may be taken at
law or in equity to prevent unlawful construction or plumbing work
or to restrain, correct or abate a violation or to prevent illegal
occupancy of a building, structure or premises or to prevent an illegal
act, conduct, business or use in or about any premises, and these
remedies shall be in addition to penalties otherwise prescribed by
law.
B.
The imposition of the penalties herein prescribed
shall not preclude the Town Attorney from instituting an appropriate
action or proceeding to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion or maintenance of use
or to restrain, correct or abate a violation or to prevent the occupancy
of a building, structure or premises or to prevent an illegal act,
conduct, business or use in or about any premises.
