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 Town of Wheatfield. 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:
BUILDING PERMIT
A permit issued pursuant to §
69-4 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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
69-10 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Include 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.
TOWN
The Town of Wheatfield.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting
services for a property within this Town of Wheatfield shall promptly
notify the Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town
of Wheatfield shall be identified and addressed in accordance with
the procedures established by Local Law No. 2 of 1982, as now in effect
or as hereafter amended from time to time.
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 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 §
69-15, Violations; 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.
[Amended 3-20-2023 by L.L. No. 1-2023]
The Town Board intends to exercise its authority under § 10,
Subdivision 1(i) and (ii)a(6), a(11) and a(12); § 10, Subdivision
1(ii)d(3); and § 10, Subdivision 4(b), of the Municipal
Home Rule Law; § 268, Subdivision 1, of the Town Law and
any other applicable provision of law now or hereinafter enacted,
to supersede and/or expand upon the applicable provisions of § 268,
Subdivision 1 of the Town Law, and any other applicable or successor
law pertaining to the enforcement of local laws and ordinances in
order to impose a penalty and fine structure that best reflects the
needs of the community.
A. Any person or business entity who commits or permits any acts in
violation of a provision of this chapter or other applicable provision
of the state code shall be deemed to have committed an offense and
shall, upon conviction thereof, be subject to a fine or penalty of
not less than $250 and not more than $5,000 for a conviction of a
first offense; upon the conviction of a second offense, where the
offense occurred within two years of the commission of the first offense,
a fine or penalty of not less than $1,000 and not more than $10,000;
and a conviction of a third or subsequent offense, where the offense
occurred within five years of the commission of the first offense,
shall be deemed a misdemeanor punishable by a fine or penalty of not
less than $1,500 and not more than $15,000 or by imprisonment not
exceeding six months, or by both such fine and imprisonment. Each
day or part thereof such violation continues or is permitted to exist
shall constitute a separate offense punishable in like manner. Written
notice of a violation is not a prerequisite for the imposition of
such fine, penalty and/or punishment unless the subject of the prosecution
is the noncompliance with such notice.
B. Violation of §
69-4A or
G or §
69-7B or
D. Notwithstanding the provisions of §
69-15A, any person or business entity who is the owner or is in charge of property where a violation of §
69-4A or
G or §
69-7B or
D has been committed or exists or who commits an offense against the provisions of §
69-4A or
G or §
69-7B or
D or has control of the property and permits such offense to exist shall, upon conviction, be guilty of an offense, punishable by a fine or penalty of not less than $250 nor more than $5,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment upon a conviction of a first offense; upon a conviction of a second offense within a period of five years of the first conviction, a fine of not less than $1,000 nor more than $10,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense within a period of five years of the first and second conviction, a fine of not less than $1,500 nor more than $15,000 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. Each day, or part thereof, such violation continues following notification by the Town or service of a summons shall constitute a separate offense, punishable in like manner.
C. Violation of §
69-6F. Notwithstanding the provisions of §
69-15A, any person or business entity who is the owner or is in charge of property where a violation of §
69-6F has been committed or exists or who commits an offense against the provisions of §
69-6F or has control of the property and permits such offense to exist shall be guilty of a misdemeanor, punishable by a fine or penalty of not less than $500 nor more than $5,000 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment upon a conviction of a first offense; upon a conviction of a second offense, within a period of five years of the first conviction, a fine of not less than $1,000 nor more than $10,000 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense, within a period of five years of the first and second conviction, a fine of not less than $3,000 nor more than $15,000 or by imprisonment not exceeding 180 days, or by both such fine and imprisonment. Each day, or part thereof, such violation continues following notification by the Town or service of a summons shall constitute a separate offense, punishable in like manner.
D. The occurrence of personal injury. Notwithstanding any other provision of §
69-15 to the contrary, any person or business entity who owns or is in possession and/or control of a building or structure and knowingly permits or allows the building or structure to be occupied or utilized for any purpose without a valid building permit, certificate of permitted use, certificate of occupancy or other necessary Town approval having been issued shall be guilty of a misdemeanor in the event an occupant or any person suffers bodily injury or death in connection with such use and/or occupancy and, upon conviction thereof, shall be liable for a fine or penalty of not less than $2,000 and not more than $10,000 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment, and each day or part thereof such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner. Written notice of a violation is not a prerequisite for the imposition of such fine, penalty and/or punishment.
E. In addition to the criminal penalties set forth herein or in other
applicable laws, rules or regulations, the Town Attorney is authorized
to pursue civil and equitable relief, including but not limited to
compensatory actions; civil penalties of not more than $200 per day
or any part thereof; an action to compel compliance with or to restrain
by injunction the violation of this chapter; and other remedies which
in the opinion of the Town Attorney may seem necessary and proper.
Such civil and equitable relief may be sought in a court of competent
jurisdiction or from a duly appointed hearing officer whenever permitted
by law. Any civil monetary penalty awarded may be added to the tax
bill of the property where the violation has occurred and shall be
collected in the same manner.
F. Compliance orders.
(1) 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, the 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:
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2) 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 certified/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.
G. Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
H. 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 §
69-6, Stop-work orders, 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 §
69-6, Stop-work orders, 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.
I. No oversight or dereliction of duty on the part of the Town shall
serve to legalize the maintenance, erection, construction, alteration,
modification, razing, or removal of a building or structure, or the
use and/or occupancy of any property, building or structure which
does not conform to the provisions of this chapter or other applicable
local, state and/or federal law, rule, ordinance or regulation.
J. Civil 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, operating permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision
of this chapter, shall be liable to a civil penalty of not more than
$200 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 this Town of Wheatfield.
K. Injunctive relief. An action or proceeding may be instituted in the
name of this Town of Wheatfield, 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, 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 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, the Energy Code, this chapter,
or any stop-work order, compliance order or other order obtained under
the Uniform Code, the Energy Code or this chapter, an action or proceeding
may be commenced in the name of this Town of Wheatfield, 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 of this
Town of Wheatfield.
The Town Board of this Town of Wheatfield may,
by resolution, authorize the Supervisor of this Town of Wheatfield
to enter into an agreement, in the name of this Town of Wheatfield,
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.