[HISTORY: Adopted by the Board of Trustees
of the Village of Tivoli 2-21-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 98, Building Construction and Fire Prevention, adopted
7-1-1993 by L.L. No. 1-1993, as amended.
This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Village. This chapter
is adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, other state law,
or other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 98-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 98-7B of this chapter.
The Code Enforcement Official appointed pursuant to § 98-3B of this chapter and referred to as the Code Enforcement Official in any other chapter of the Village of Tivoli Code.
The Code Enforcement Official and all inspectors.
An order issued by the Code Enforcement Official pursuant to § 98-16A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 98-3D of this chapter.
A permit issued pursuant to § 98-11 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
A summons or any notice, mandate, order, appearance ticket,
or other process issued under any provision of the Tivoli Village
Code or any law or regulation of the State of New York.
[Added 4-17-2013 by L.L. No. 2-2013]
Includes any person holding title to a property, and includes
a mortgagee in possession, vendee in possession, assignee of rents,
receiver, executor, trustee, lessor, agent, or any other person directly
or indirectly in control of such property.
[Added 4-17-2013 by L.L. No. 2-2013]
An order issued pursuant to § 98-6 of this chapter.
A certificate issued pursuant to § 98-7E of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Tivoli.
A.
The office of Code Enforcement Official is hereby
created. The Code Enforcement Official shall administer and enforce
all the provisions of the Uniform Code, the Energy Code and this chapter.
The Code Enforcement Official shall have the following powers and
duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy/certificates of compliance, temporary
certificates and operating permits, and to include in building permits,
certificates of occupancy/certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Code Enforcement
Official may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy/certificates
of compliance, temporary certificates and operating permits, firesafety
and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Village Board of this
Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(13)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Official by this chapter.
B.
The Code Enforcement Official shall be appointed by
the Mayor with the approval of the Village Board. The Code Enforcement
Official shall possess background experience related to building construction
or fire prevention and shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training
and other training as the State of New York shall require for code
enforcement personnel, and the Code Enforcement Official shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Official is
unable to serve as such for any reason, an individual shall be appointed
by the Mayor, with the consent of the Village Board, to serve as Acting
Code Enforcement Official. The Village Zoning Enforcement Officer,
subject to appointment by the Mayor and consent of the Village Board,
may serve as Acting Code Enforcement Official. The Acting Code Enforcement
Official shall, during the term of his or her appointment, exercise
all powers and fulfill all duties conferred upon the Code Enforcement
Official by this chapter.
D.
One or more inspectors may be appointed by the Mayor,
with the approval of the Village Board, to act under the supervision
and direction of the Code Enforcement Official and to assist the Code
Enforcement Official in the exercise of the powers and fulfillment
of the duties conferred upon the Code Enforcement Official by this
chapter. Each inspector shall, within the time prescribed by law,
obtain such basic training, in-service training, advanced in-service
training and other training as the State of New York shall require
for code enforcement personnel, and each inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Official
and inspectors shall be fixed from time to time by the Village Board
of this Village.
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 Code Enforcement Official.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area is
less than 144 square feet (13.38 square meters);
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(4)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(5)
Installation of partitions or movable cases less than
five feet nine inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(7)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(8)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(9)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress; or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire protection system for any period of time.
C.
Agricultural buildings, as defined in the New York
State Uniform Fire Prevention and Building Code, will be required
to obtain a permit prior to construction but will otherwise be exempt
from the application of the Uniform Fire Prevention and Building Code.
D.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
E.
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Official. The application shall be signed by the owner of the property where the work is to be performed or by an authorized agent of the owner. The application shall include such information as the Code Enforcement Official deems sufficient to permit a determination by the Code Enforcement Official that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code and the requirements of Chapter 231 of the Tivoli Village Code. The application shall include or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code;
(5)
The valuation of the proposed work;
(6)
The full name and address of the owner and the applicant,
and the names and addresses of their responsible officers if any of
them are corporations; and
(7)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
(e)
A copy of a plot drawn to scale and accurately dimensioned and showing the location and size of all proposed new construction and all existing structures on the site, the nature of the work to be performed and the materials to be incorporated, distance from lot lines and such other information as may be required by the Code Enforcement Official to determine compliance with this chapter, Chapter 231 of the Village of Tivoli Code and other applicable regulations, including the requirements of the New York State Uniform Fire Prevention and Building Code and, where applicable, include a Planning Board-approved site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
F.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection E(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Official in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Official, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
G.
Issuance of building permits. An application for a
building permit shall be examined to ascertain whether the proposed
work is in compliance with the applicable requirements of the Uniform
Code and Energy Code. The Code Enforcement Official shall issue a
building permit if the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code.
H.
Refusal. If a building permit is refused, the Code
Enforcement Official shall state such refusal, in writing, with the
cause, and shall, within five working days, mail notice of such refusal
to the applicant at the address indicated on the application.
I.
Approvals. If the application requires a variance,
special permit approval or site plan approval, a building permit shall
be issued by the Code Enforcement Official only after written approval
has been received from the appropriate Board.
J.
Building permits to be displayed. Building permits
shall be visibly displayed at the work site so as to be readily seen
from adjacent thoroughfares, if possible, and shall remain visible
until the authorized work has been completed.
K.
Work to be performed in accordance with construction
documents. All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Code Enforcement
Official of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Official determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
L.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. Building permits shall expire 12 months after
the authorized work is commenced or 18 months after the date of issuance
of the building permit, whichever shall occur first. A building permit
which has become invalid or which has expired pursuant to this subsection
may be renewed upon application by the permit holder, payment of the
applicable fee, and approval of the application by the Code Enforcement
Official.
M.
Revocation or suspension of building permits. If the
Code Enforcement Official determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code or the Energy Code, or where the person to whom a building
permit has been issued fails or refuses to comply with a stop-work
order issued by the Code Enforcement Official, the Code Enforcement
Official shall revoke the building permit or suspend the building
permit until such time as the permit holder demonstrates that all
work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code and all work then proposed
to be performed shall be in compliance with all applicable provisions
of the Uniform Code and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Official or by an inspector authorized by the Code Enforcement Official. The permit holder shall notify the Code Enforcement Official when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Code Enforcement Official
is authorized to issue stop-work orders pursuant to this section.
The Code Enforcement Official shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement
Official to be contrary to any applicable provision of the Uniform
Code or Energy Code, without regard to whether such work is or is
not work for which a building permit is required, and without regard
to whether a building permit has or has not been issued for such work;
or
(2)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Code Enforcement Official, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under
a building permit that has become invalid, has expired, or has been
suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall
be in writing, be dated and signed by the Code Enforcement Official,
state the reason or reasons for issuance, and, if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Code Enforcement
Official shall cause the stop-work order, or a copy thereof, to be
served on the owner of the affected property (and, if the owner is
not the permit holder, on the permit holder) personally or by registered
mail or certified mail. The Code Enforcement Official shall be permitted,
but not required, to cause the stop-work 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 affected by the stop-work order,
personally or by registered mail or certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 98-16, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy/certificates of compliance
required. A certificate of occupancy/certificate of compliance shall
be required for any work which is the subject of a building permit
and for all structures, buildings, or portions thereof which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy/certificate of compliance.
A certificate of compliance is required for all building permits issued
for purposes other than those listed above.
B.
Issuance of certificates of occupancy/certificates of compliance. The Code Enforcement Official shall issue a certificate of occupancy/certificate of compliance if the requirements of Chapter 231 of the Village of Tivoli Code have been satisfied and the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Official or an inspector authorized by the Code Enforcement Official shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/certificate of compliance within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Official, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Code Enforcement Official prior to the issuance of the certificate of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates
of compliance. A certificate of occupancy/certificate of compliance
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy/certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the Code Enforcement Official issuing
the certificate of occupancy/certificate of compliance and the date
of issuance.
(11)
An affidavit of the registered architect or licensed
professional engineer who filed the original plans, of the registered
architect or licensed professional engineer who supervised the conduct
of the work or of the superintendent of construction who supervised
the work and who, by reason of his experience, is qualified to superintend
the work for which the certificate is sought. This affidavit shall
state that the approved plans of the structure for which a certificate
of occupancy is sought have been examined and that the structure has
been erected in accordance with approved plans and, as erected, complies
with all other laws governing building construction except insofar
as variations therefrom have been legally authorized. Such variations
shall be specified in the affidavit and for major projects documented
through the submission of an as-built drawing.
D.
Time limits. A certificate of occupancy/certificate of compliance shall be deemed to authorize and is required for both initial and continued occupancy and use of the building to which it applies and shall continue in effect as long as such building and use thereof is in full conformity with the provisions of this chapter and Chapter 231 of the Village of Tivoli Code and any requirements made pursuant thereto. On the serving of notice by the Code Enforcement Official and/or the Zoning Enforcement Officer of any violation of any of the provisions or requirements in respect to any structure or the use thereof, the certificate shall thereupon become null and void and a new certificate shall be required for any further use of such structure.
E.
Temporary certificate. The Code Enforcement Official
shall be permitted to issue a temporary certificate allowing the temporary
occupancy of a building or structure, or a portion thereof, prior
to completion of the work which is the subject of a building permit.
However, in no event shall the Code Enforcement Official issue a temporary
certificate unless the Code Enforcement Official determines that the
building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely, that any fire- and smoke-detecting
or fire protection equipment which has been installed is operational,
and that all required means of egress from the building or structure
have been provided. The Code Enforcement Official may include in a
temporary certificate such terms and conditions as he or she deems
necessary or appropriate to ensure safety or to further the purposes
and intent of the Uniform Code. A temporary certificate shall be effective
for a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Official and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
F.
Revocation or suspension of certificates. If the Code
Enforcement Official determines that a certificate of occupancy/certificate
of compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Official within such period of time as shall be specified by the Code
Enforcement Official, the Code Enforcement Official shall revoke or
suspend such certificate.
[Amended 4-17-2013 by L.L. No. 2-2013]
A.
Property owners and lessors, or their respective agents, of any multiple dwellings, non-owner-occupied residential property, or residential unit in a mixed-use building, shall file with Village, on the registration forms approved by the Code Enforcement Official, the information required by this section. The form shall be known as the "landlord registration statement" and shall be signed by the property owner under oath. Such form shall include the following, together with such other information as may be reasonably required by the Code Enforcement Official in connection with this Chapter 98:
(1)
The names and addresses of the property owner and lessor, and of the registered agent designated as required by Subsection C of this section, on any of whom process may be served;
(2)
A description of the property, by street and number or otherwise
and by tax lot and block identification, as will enable the Code Enforcement
Official to locate the same;
(3)
A certification that the property has a working smoke detector and
a working carbon dioxide detector, the permitted maximum occupancy
of each separate dwelling unit, if applicable, and whether each individual
sleeping unit has at least two fire exits; and
(4)
Such other appropriate information as may be requested, including
but not limited to the number of individual sleeping units contained
in each dwelling unit and the number and type of rooms, the number
of tenants or subtenants occupying each dwelling unit, together with
a schematic diagram showing the typical floor layout of the units
and rooms with appropriate designations and identification.
B.
The Code Enforcement Official shall maintain a record of registrations
and property maintenance inspections, but it is the property owner's
responsibility to ensure that his registrations are current.
C.
A property owner subject to registration under this section, and
who is not a natural person residing within Dutchess County, Columbia
County, Greene County or Ulster County or within 15 air miles of the
Village of Tivoli, shall appoint a natural person 18 years of age
or older as registered agent in the manner provided in this section.
(1)
In order that he/she shall be able to respond to an emergency at
the property in a timely manner, the natural person thus appointed
shall reside within Dutchess County, Columbia County, Greene County
or Ulster County or within 15 air miles of the Village of Tivoli.
The name, address, and telephone number of the registered agent shall
be filed with the Code Enforcement Official and shall be posted within
the rental premises in a conspicuous manner.
(2)
Whenever the ownership of a property subject to registration is transferred,
the new owner shall register within 30 days of the transfer. It shall
be the responsibility of the property owner to update all registration
information required to be filed pursuant to this chapter within 30
days following a change in previously filed information. The appointment
of a registered agent shall remain in full force and effect until
a new agent is registered as provided in this section.
(3)
Information required to be included in the landlord registration
statement shall be available to the public. The property owner of
a dwelling subject to registration shall be required to post a copy
of the Village trash and refuse regulations in a conspicuous location
in each occupied building. The Code Enforcement Official shall maintain
an index or other record of such registration information and shall
on a periodic basis provide updated copies of such information to
the Village Clerk and to the Village Fire Chief.
D.
A property owner who is required by this chapter to register his
or her property and who fails to do so or who provides incorrect or
incomplete information shall be guilty of a violation of this chapter,
which shall be punished by a fine not to exceed $500 per sleeping
unit. In lieu of instituting a criminal proceeding, the Code Enforcement
Officer may commence a civil proceeding and seek a civil penalty in
the amount not to exceed $500 per sleeping unit. A landlord registration
statement shall be deemed prima facie evidence of the statements therein
contained against the property owner or registered agent in any criminal
or civil prosecution instituted by the Village of Tivoli or any proper
prosecutorial agency having jurisdiction within the Village of Tivoli.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Code Enforcement Official of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe buildings, structures and equipment in
this Village shall be identified and addressed in accordance with
the procedures established by Local Law Number 1 of 2003, as now in
effect or as hereafter amended from time to time.[1]
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Table 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Board of Trustees of this Village.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Code Enforcement Official. Such application
shall include such information as the Code Enforcement Official deems
sufficient to permit a determination by the Code Enforcement Official
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Code Enforcement Official determines that
tests or reports are necessary to verify conformance, such tests or
reports shall be performed or provided by such person or persons as
may be designated by or otherwise acceptable to the Code Enforcement
Official, at the expense of the applicant.
C.
Inspections. The Code Enforcement Official or an inspector
authorized by the Code Enforcement Official shall inspect the subject
premises prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Official may require a separate operating permit for each such activity, or the Code Enforcement Official may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Code Enforcement Official to be consistent with local conditions.
The effective period of each operating permit shall be specified in
the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Official, payment of the
applicable fee, and approval of such application by the Code Enforcement
Official.
F.
Revocation or suspension of operating permits. If
the Code Enforcement Official determines that any activity or building
for which an operating permit was issued does not comply with any
applicable provision of the Uniform Code, such operating permit shall
be revoked or suspended.
A.
Inspections required.
[Amended 4-17-2013 by L.L. No. 2-2013]
(1)
Firesafety
and property maintenance inspections of buildings and structures shall
be performed by the Code Enforcement Official or an inspector designated
by the Code Enforcement Official at the following intervals:
(a)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(b)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(2)
Prior
to performing any inspection of private property pursuant to this
section, the Code Enforcement Official shall obtain permission for
such inspection from the property owner or his/her authorized agent
or representative. In the event that such owner or agent neglects
or refuses to allow inspection, either upon the initial scheduled
inspection or the scheduled reinspection, the inspector shall request
that the Village Attorney make application to a court of competent
jurisdiction for a search warrant.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Official or an inspector designated by the Code Enforcement Official at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Official of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Official of any other information, reasonably believed by the Code Enforcement Official to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any
other provision of this chapter shall supersede, limit or impair the
powers, duties and responsibilities of the New York State Office of
Fire Prevention and Control ("OFPC") and the New York State Fire Administrator
under Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Code Enforcement Official shall not perform firesafety
and property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(2)
The Code Enforcement Official shall not perform firesafety
and property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Code Enforcement Official shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Official shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Code Enforcement Official 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 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 Official may deem to be 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 § 98-16, Enforcement; penalties for offenses, 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 Official 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/certificates
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 Official shall annually submit to the Village Board of this Village a written report and summary of all business conducted by the Code Enforcement Official and the inspectors, including a report and summary of all transactions and activities described in § 98-14, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Official shall annually submit
to the Secretary of State, on behalf of this Village, on a form prescribed
by the Secretary of State, a report of the activities of this Village
relative to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Official 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
this Village is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
this Village in connection with administration and enforcement of
the Uniform Code.
[Amended 3-15-2023 by L.L. No. 1-2023]
A.
Compliance orders. Code enforcement personnel are 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, the Energy Code, this chapter, or Chapter 231 of the Village of Tivoli Code. Upon finding that any such condition or activity exists, code enforcement personnel shall issue a compliance order. The compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by code enforcement personnel;
(3)
Specify the nature and specific details of such condition or activity that allegedly violates the Uniform Code, the Energy Code, Chapter 231 of the Village of Tivoli Code, or this chapter;
(4)
Specify the period of time which code enforcement personnel deem
to be reasonably necessary for achieving compliance, which date shall
be not less than 30 calendar days from the date of service, or such
additional time as determined necessary by the Code Enforcement Official,
and direct that compliance be achieved within that specified period
of time; and
(5)
State that a criminal and/or civil action or proceeding to compel
compliance and/or to penalize the failure to comply may be instituted
if compliance is not achieved within the specified period, as such
failure to comply with a compliance order issued regarding violation
or conduct within the Village of Tivoli by an authorized official
thereof is a misdemeanor under this section punishable as such pursuant
to NYS General Municipal Law § 10, Subdivision 4(b).
B.
Service of compliance orders. Code enforcement personnel shall cause
the compliance order, or a copy thereof, to be served on the owner
of the property at issue, as determined by reference to the most recent
tax information maintained by the Assessor of the Town of Red Hook,
either personally or by registered mail or by certified mail in a
manner which substantially complies with NYS Civil Practice Laws and
Rules § 308. The. Code Enforcement Official shall be permitted,
but not required, to cause the compliance order, or a copy thereof,
to be served on any owner, lessee, tenant, occupant, architect, agent,
builder, contractor, subcontractor, construction superintendent, their
respective agents or employees, or any other person taking part or
assisting in work being performed at the subject property personally
or by registered mail or by certified mail in a manner which substantially
complies with NYS Civil Practice Laws and Rules § 308; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
C.
Appearance tickets. Pursuant to the provisions of this chapter and the Criminal Procedure Law§ 150.20, police officers, peace officers, as designated by Criminal Procedure Law § 2.10, and the code enforcement personnel of the Village of Tivoli, and the Zoning Enforcement Officer, along with any Acting or Deputy Zoning Enforcement Officers, as defined in Ch. 231 of this Code, are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in any court with jurisdiction over the Village of Tivoli, when such official has reasonable cause to believe a person has violated the Uniform Code, the Energy Code, or this chapter. The content of such appearance ticket and the method of prosecution thereunder shall be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.
D.
Emergency action. If, in the opinion of code enforcement personnel,
a violation exists which requires immediate action to avoid a direct
hazard or imminent danger to the health, safety, or welfare of the
occupants of a building or to other persons, code enforcement personnel
may direct that such violation be immediately remedied or may take
direct action on their own initiative, as necessary, to abate the
hazard. Any costs incurred by such action shall be recovered from
any owner, lessee, tenant, occupant, architect, agent, builder, contractor,
subcontractor, construction superintendent, their respective agents
or employees, or any other person culpable for the violation(s). The
Code Enforcement Official shall keep on file an affidavit stating
with fairness and accuracy the items of expense and date of execution
of action taken and is furthermore authorized to institute legal proceedings,
if necessary, against the person(s) liable for such expenses to recover
said costs.
E.
Penalties. In addition to those penalties prescribed by state law,
any person who violates any provision of the Uniform Code, the 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, compliance order, operating permit or other notice
or order issued by code enforcement personnel pursuant to any provision
of this chapter shall be punishable by a fine of not more than $1,000
or imprisonment for not more than one year, or both, with each day
or part thereof during which such violation continues constituting
a separate offense.
F.
Civil penalties. Any person who violates any provision of the Uniform
Code, the Energy Code, or this chapter may also or alternatively be
liable civilly for not more than $250 with each day or part thereof
during which such violation continues constituting a separate cause
of action, and such amount shall be recoverable against such person,
firm, or corporation in an action instituted at the direction of and
in the name of the Village of Tivoli.
G.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Tivoli, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violations of,
or to enforce any provisions of, the Uniform Code, the Energy Code,
this chapter, or any term or condition of any building permit, certificate
of occupancy/certificate of compliance, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order
issued by code enforcement personnel 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, the Energy Code, this chapter,
or any stop-work order, compliance order, or other order issued or
obtained under the Uniform Code, the Energy Code, or this chapter,
an action or proceeding may be commenced in the name of the Village
of Tivoli, in the Supreme Court or any other court having jurisdiction,
to obtain an order directing the removal of the building or structure
or an abatement of the conditions in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without appropriate authorization from the Board of Trustees of this
Village.
H.
Remedies not exclusive. No remedies or penalties specified in this section shall be the exclusive remedies or penalties available to address any violations described herein, 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 chapter, in § 98-6 of this Code, stop-work orders, compliance orders, as authorized herein, or in any other 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 chapter, in § 98-6 of this Code, stop-work orders, compliance orders, as authorized herein, or in any other 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 New York State 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 New York State Executive Law.
I.
Accountability. Any owner, lessee, tenant, occupant, architect, agent,
builder, contractor, subcontractor, construction superintendent, their
respective agents or employees, or any other person who violates or
is accessory to the violation of any provisions of this chapter, as
adopted or amended, or who fails to comply with any of the requirements
thereof, or who erects, constructs, alters, enlarges, converts or
moves or uses any building or uses any land in violation of any detailed
statement or plan submitted by him and approved under the provisions
of this chapter, as adopted, shall be guilty of a misdemeanor offense
punishable according to the provisions of this chapter.
A fee schedule shall be established by resolution
of the Village Board of this Village. Such 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, the issuance of building permits, amended building permits,
renewed building permits, certificates of occupancy/certificates of
compliance, temporary certificates, operating permits, firesafety
and property maintenance inspections, and other actions of the Code
Enforcement Official described in or contemplated by this chapter.
The Village Board of this Village may, by resolution,
authorize the Mayor of this Village to enter into an agreement, in
the name of this Village, with other governments to carry out the
terms of this chapter, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
