[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius 8-24-1982 by L.L. No. 4-1982. Amendments noted where
applicable.]
[Amended 11-11-1986 by L.L. No. 4-1986]
This chapter shall provide the basic method
for administration and enforcement of the New York State Uniform Fire
Prevention and Building Code in the Village of Manlius, New York,
and shall establish powers, duties and responsibilities in connection
therewith.
A.
There is hereby created in the Village an official
position of Fire Inspector, the number of which shall from time to
time be determined by resolution of the Village Board. The position
of Fire Inspector shall be filled pursuant to the provisions of Article
4 of the Village Law.
B.
It shall be the duty of the Building Inspector and
the Fire Inspector to enforce the provisions of the New York State
Uniform Fire Prevention and Building Code within the Village.
[Amended 11-11-1986 by L.L. No. 4-1986]
[Amended 11-11-1980 by L.L. No. 4-1986]
A.
The Fire Inspector shall conduct inspections of all
areas of public assembly, as defined in Part 606 of Title 9 of the
New York Codes, Rules and Regulations, at least once each calendar
year for the purpose of determining compliance with the fire-safety
requirements of the Uniform Code.
B.
The Fire Inspector shall conduct periodic inspections
of all other buildings, including all nonresidential occupancies and
multiple dwellings, for compliance with the provisions of the Uniform
Code. Such inspection may be made at any reasonable time.
C.
The Fire Inspector shall conduct an inspection of
a building or dwelling unit for the purpose of determining compliance
with the Uniform Code at any other time in regards to a bona fide
complaint as to conditions or activities allegedly failing to comply
with the Uniform Code.
D.
In the event that entrance to the premises for the
purpose of inspection is refused or cannot be obtained, the Fire Inspector
may apply to the Village Justice for a warrant to make an inspection.
E.
The Fire Inspector shall prepare and maintain a written
report of the results of each inspection and a record of all fees
charged and collected in relation thereto. In the event that the Fire
Inspector deems that a violation of the Uniform Code exists, he shall
submit a duplicate original of his report to the Building Inspector.
Such report shall be verified at the request of the Building Inspector.
A.
Any person owning, operating, occupying or maintaining
property or premises within the scope of the New York State Uniform
Fire Prevention and Building Code or this chapter shall comply with
all the provisions of the New York State Uniform Fire Prevention and
Building Code, this chapter and all orders, notices, rules, regulations
or determinations issued in connection therewith.
[Amended 11-11-1986 by L.L. No. 4-1986]
B.
Whenever the Fire Inspector determines that there
has been a violation of the New York State Uniform Fire Prevention
and Building Code, this chapter or any rule or regulation adopted
pursuant to this chapter, a violation order shall be issued by the
Building Inspector to the person or persons responsible.
[Amended 11-11-1986 by L.L. No. 4-1986]
C.
Violation orders shall be in writing, shall identify
the property or premises, shall specify the violation and remedial
action to be taken, shall provide a reasonable time limit for compliance
and shall state the time within which an appeal may be taken.
D.
Violation orders shall be served either by personal
service or by mailing, by certified mail, and by posting a copy thereof
in a conspicuous place on the subject premises.
E.
In the event that the violation has not been remedied
upon the date when time for appeal has expired, the Building Inspector
shall commence enforcement proceedings as hereinafter provided.
B.
Whenever the Fire Inspector finds a building or structure,
or part thereof, to be an imminent danger to the life and safety of
the public as a result of a fire or explosion, the Building Inspector
may cause it to be demolished and removed or may cause work to be
done in and about the building or structure as may be necessary to
remove the danger.
C.
The Fire Inspector may require the occupants of any
such building or structure, or part thereof, to vacate the premises
forthwith. No person shall use or occupy such building or structure,
or part thereof, until it is made safe. Except for the owner, no person
shall enter a premises which has been ordered vacated unless authorized
to perform inspections or repairs or to demolish and remove such building
or structure or part thereof.
D.
All costs and expenses incurred by the Village in
connection with any work done to remove the danger or in connection
with the demolition and removal of any such building or structure
shall be assessed against the land on which such building or structure
is located, and a bill for such expense shall be presented to the
owner of the property, or if the owner cannot be ascertained, then
such bill shall be posted in a conspicuous place on the premises.
Such assessment shall constitute a lien upon the subject real property.
In the event that the owner shall fail to pay for such expense within
10 days after the bill is presented or posted, action may be commenced
to collect such assessment or to foreclose such lien. As an alternative
to the maintaining of such action, the Building Inspector may file
a certificate of the actual expenses incurred as aforesaid with the
Village Clerk-Treasurer, together with a statement identifying the
property in connection with which the expenses were incurred. The
Village Clerk-Treasurer shall present the certificate to the Board
of Trustees, which may order the addition of such amount to the next
tax roll of the Village. Such amount shall constitute a lien and shall
be collected and enforced in the same manner, by the same proceedings,
at the same time and under the same penalties as is provided by law
for the collection and enforcement of real property taxes in the Village.
[Added 6-14-1988 by L.L. No. 5-1988[1]]
A.
It shall be unlawful to have open burning produced
by the use of barbecues, gas grills, stoves or the like on, above
or below balconies or porches of multiple dwellings.
B.
The foregoing restriction shall be made a part of
all leases and other rental agreements hereafter made for space in
multiple dwellings located within the Village of Manlius.
[Amended 11-11-1986 by L.L. No. 4-1986]
A.
A violation of the New York State Uniform Fire Prevention
and Building Code or of this chapter shall be deemed to be a violation
within the meaning of the Penal Law. Each day that such violation
continues shall constitute a separate violation.
B.
The provisions of the New York State Uniform Fire
Prevention and Building Code and this chapter may be enforced by injunction.
C.
The Building Inspector is hereby empowered to commence
prosecution as a violation for violation of the New York State Uniform
Fire Prevention and Building Code and of this chapter in the Village
Court. Should the Building Inspector determine that enforcement of
the New York State Uniform Fire Prevention and Building Code and this
chapter will be more effective by injunction than by prosecution,
the Building Inspector shall make request for such action to the Village
Board.
