[Adopted 10-16-1997 by Ord. No. 97-21 as
Ch. 8.04 of the 1997 Municipal Code; amended in its entirety 2-1-2007 by Ord. No.
2007-002[1]]
[1]
Editor's Note: Prior amendments to this article
included ordinances of 2-9-1984 and 2-28-2985, and Ord. Nos. 86-1,
89-10 and 2004-009.
The purpose of this article is to provide for
the administration and enforcement in the City of Canandaigua of the
provisions of Fire Code and Property Maintenance Code of New York
State, as may be amended from time to time.
A.
The Fire Department of the City of Canandaigua is
hereby designated as the agency responsible for the administration
and enforcement of the Fire Code and Property Maintenance Code of
New York State, as may be amended from time to time within the City
of Canandaigua; the Fire Chief is hereby designated as Fire Marshal.
B.
The Fire Marshal is hereby authorized to detail or
assign any or all of his subordinates as Inspectors as he shall from
time to time deem necessary. The Fire Marshal shall recommend to the
Director of Public Safety the employment of technical inspectors whenever
he deems it necessary or appropriate.
A.
Uniform Code references.
(1)
Whenever the word "municipality" is used in the New
York State Uniform Fire Prevention and Building Code, it shall mean
the City of Canandaigua, New York.
(2)
Whenever the term "Corporation Counsel" is used in
the New York State Uniform Fire Prevention and Building Code, it shall
mean the Corporation Counsel of the City of Canandaigua.
(3)
Wherever the words "Code Enforcement Officer" are
used in the Fire Code and Property Maintenance Code of New York State
they shall mean the Fire Chief or his designated Fire Department Inspector.
B.
OUTDOOR FURNACE
Terms defined. As used in this article, the following
terms shall have the meanings indicated:
Any equipment, device or apparatus which is installed, affixed,
or situated outdoors, or within an accessory structure, for the primary
purpose of combustion of solid fuel to produce heat or energy to be
used as a component of a heating system providing heat to any interior
space or water source other than within the structure wherein it is
located.
[Added 2-1-2007 by Ord. No. 2007-004; amended 2-7-2008 by Ord. No. 2007-031]
A.
The Fire Chief of the City of Canandaigua may adopt
rules and regulations for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code. Such rules
and regulations shall not conflict with the New York State Uniform
Fire Prevention and Building Code, this article, or any other provision
of law.
B.
The Fire Chief shall publish all rules and regulations
at least 30 days prior to the effective date thereof in the newspaper
officially designated by the City of Canandaigua.
A.
Any person who proposes to undertake any activity or to operate any type of building listed below in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
[Amended 3-5-2020 by L.L. No. 2020-002; 11-5-2020 by Ord. No. 2020-003; 4-7-2022 by L.L. No. 2022-002]
(1)
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
Tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, Combustible Dust-Producing Operations; facilities
where the operation produces combustible dust;
(b)
Chapter 24, Flammable Finishes; operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c)
Chapter 25, Fruit and Crop Ripening; operating a fruit- or crop-ripening
facility or conducting a fruit-ripening process using ethylene gas;
(d)
Chapter 26, Fumigation and Insecticidal Fogging; conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(e)
Chapter 31, Tents, Temporary Special Event Structures, and Other
Membrane Structures; operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
(f)
Chapter 32, High-Piled Combustible Storage; high-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter 34, Tire Rebuilding and Tire Storage; operating a facility
that stores in excess of 2,500 cubic feet of scrap tires or tire by-products
or operating a tire rebuilding plant;
(h)
Chapter 35, Welding and Other Hot Work; performing public exhibitions
and demonstrations where hot work is conducted, use of hot work, welding,
or cutting equipment, inside or on a structure, except an operating
permit is not required where work is conducted under the authorization
of a building permit or where performed by the occupant of a detached
one- or two-family dwelling;
(i)
Chapter 40, Sugarhouse Alternative Activity Provisions; conducting
an alternative activity at a sugarhouse;
(j)
Chapter 56, Explosives and Fireworks; possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270;
(k)
Section 307, Open Burning, Recreational Fires and Portable Outdoor
Fireplaces; conducting open burning, not including recreational fires
and portable outdoor fireplaces;
(l)
Section 308, Open Flames; removing paint with a torch, or using
open flames, fire, and burning in connection with assembly areas or
educational occupancies; and
(m)
Section 319, Mobile Food Preparation Vehicles; operating a mobile
food preparation vehicle in accordance with the permitting requirements
established by the City, as now in effect or as hereafter amended
from time to time.
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS.
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by City Council; and
(9)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by City
Council.
(10)
Parking garages. All parking garages as defined herein shall
be subject to condition assessments.
(a)
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
For the purposes of this section, the following definitions
apply:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report.
The conditions identified as "unsafe" in Section 304.1.1,
Section 305.1.1, and Section 306.1.1 of the New York Property Maintenance
Code, as amended.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
(b)
Condition assessments: general requirements. The owner or operator
of each parking garage shall cause such parking garage to undergo
an initial condition assessment as described in Subsection A(27)(c)
of this section, periodic condition assessments as described in Subsection
A(27)(d) of this section, and such additional condition assessments
as may be required under Subsection A(27)(e) of this section. Each
condition assessment shall be conducted by or under the direct supervision
of a professional engineer. A written report of each condition assessment
shall be prepared, and provided to the Code Enforcement Officer, in
accordance with the requirements of Subsection A(27)(f) of this section.
Before performing a condition assessment (other than the initial condition
assessment) of a parking garage, the responsible professional engineer
for such condition assessment shall review all available previous
condition assessment reports for such parking garage.
(c)
Initial condition assessment. Each parking garage shall undergo
an initial condition assessment as follows:
[1]
Parking garages constructed on or after August 29, 2018, shall
undergo an initial condition assessment following construction and
prior to a certificate of occupancy or certificate of compliance being
issued for the structure;
[2]
Parking garages constructed prior to August 29, 2018, shall
undergo an initial condition assessment as follows:
[a]
If originally constructed prior to January 1, 1984,
then prior to October 1, 2019;
[b]
If originally constructed between January 1, 1984,
and December 31, 2002, then prior to October 1, 2020; and
[c]
If originally constructed between January 1, 2003,
and August 29, 2018, then prior to October 1, 2021.
[3]
Any parking garage constructed prior to the effective date of the
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this subsection.
(d)
Periodic condition assessments. Following the initial condition
assessment of a parking garage, such parking garage shall undergo
periodic condition assessments at intervals not to exceed the lesser
of:
(e)
Additional condition assessments.
[1]
If the latest condition assessment report for a parking garage
includes a recommendation by the responsible professional engineer
that an additional condition assessment of such parking garage, or
any portion of such parking garage, be performed before the date by
which the next periodic condition assessment would be required under
Subsection A(27)(d) of this section, the Code Enforcement Officer
shall require the owner or operator of such parking garage to cause
such parking garage (or, if applicable, the portion of such parking
garage identified by the responsible professional engineer) to undergo
an additional condition assessment no later than the date recommended
in such condition assessment report.
[2]
If the Code Enforcement Officer becomes aware of any new or
increased deterioration which, in the judgment of the Code Enforcement
Officer, indicates that an additional condition assessment of the
entire parking garage, or of the portion of the parking garage affected
by such new or increased deterioration, should be performed before
the date by which the next periodic condition assessment would be
required under Subsection A(27)(d) of this section, the Code Enforcement
Officer shall require the owner or operator of such parking garage
to cause such parking garage (or, if applicable, the portion of the
parking garage affected by such new or increased deterioration) to
undergo an additional condition assessment no later than the date
determined by the Code Enforcement Officer to be appropriate.
(f)
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Code Enforcement Officer within such time
period as fixed by the Code Enforcement Officer. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
[1]
An evaluation and description of the extent of deterioration
and conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
[2]
An evaluation and description of the extent of deterioration
and conditions that cause deterioration that, in the opinion of the
responsible professional engineer, should be remedied immediately
to prevent an unsafe condition or unsafe structure;
[3]
An evaluation and description of the unsafe conditions;
[4]
An evaluation and description of the problems associated with
the deterioration, conditions that cause deterioration, and unsafe
conditions;
[5]
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
[6]
An evaluation and description of the risks associated with not
addressing the deterioration, conditions that cause deterioration,
and unsafe conditions;
[7]
The responsible professional engineer's recommendation regarding
preventative maintenance;
[8]
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or she
reviewed all previously prepared condition assessment reports available
for such parking garage, and considered the information in the previously
prepared reports while performing the current condition assessment
and while preparing the current report; and
[9]
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age, maintenance
history, structural condition, construction materials, frequency and
intensity of use, location, exposure to the elements, and any other
factors deemed relevant by the responsible professional engineer in
his or her professional judgment.
(g)
The Code Enforcement Officer shall review each condition assessment
report. The Code Enforcement Officer shall take such enforcement action
or actions in response to the information in such condition assessment
report as may be necessary or appropriate to protect the public from
the hazards that may result from the conditions described in such
report. In particular, but not by way of limitation, the Code Enforcement
Officer shall, by order to remedy or such other means of enforcement
as the Code Enforcement Officer may deem appropriate, require the
owner or operator of the parking garage to repair or otherwise remedy
all deterioration, all conditions that cause deterioration, and all
unsafe conditions identified in such condition assessment report pursuant
to Subsection A(27)(f)[2] and [3] of this section. All repairs and
remedies shall comply with the applicable provisions of the Uniform
Code. Nothing in this subsection shall limit or impair the right of
the Code Enforcement Officer to take any other enforcement action,
including but not limited to suspension or revocation of a parking
garage's operating permit, as may be necessary or appropriate in response
to the information in a condition assessment report.
(h)
The Code Enforcement Officer shall retain all condition assessment
reports for the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment of
a parking garage, and who provides the Code Enforcement Officer with
a written statement attesting to the fact that he or she has been
so engaged, the Code Enforcement Officer shall make the previously
prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The
Code Enforcement Officer shall be permitted to require the owner or
operator of the subject parking garage to pay all costs and expenses
associated with making such previously prepared condition assessment
reports (or copies thereof) available to the professional engineer.
(i)
Nothing in this subsection shall limit or impair the right or
the obligation of the Code Enforcement Officer:
[1]
To perform such construction inspections as are required by
the stricter of the Uniform Code or this chapter;
[2]
To perform such periodic fire safety and property maintenance
inspections as are required by the Uniform Code or this chapter; and/or
[3]
To take such enforcement action or actions as may be necessary
or appropriate to respond to any condition that comes to the attention
of the Code Enforcement Officer by means of his or her own inspections
or observations, by means of a complaint, or by any other means other
than a condition assessment or a report of a condition assessment.
(j)
The use of the term "responsible professional engineer" in this
subsection shall not be construed as limiting the professional responsibility
or liability of any professional engineer, or of any other licensed
professional, who participates in the preparation of a condition assessment
without being the responsible professional engineer for such condition
assessment.
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 Officer/Fire Marshal.
Such application shall include such information as the Code Enforcement
Officer/Fire Marshal deems sufficient to permit a determination by
the Code Enforcement Officer/Fire Marshal that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer/Fire Marshal 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 Officer/Fire
Marshal, at the expense of the applicant.
C.
Inspections. The Fire Marshal or an Inspector authorized
by the Code Enforcement Officer or Fire Marshal shall inspect the
subject premises prior to the issuance of an operating permit. Such
inspections shall be performed either in person or remotely. Remote
inspections in lieu of in-person inspections may be performed when,
at the discretion of the Code Enforcement Officer or an Inspector
authorized by the Code Enforcement Officer, the remote inspection
can be performed to the same level and quality as an in-person inspection
and the remote inspection shows to the satisfaction of the Code Enforcement
Officer or Inspector authorized by the Code Enforcement Officer that
the premises conform to the applicable requirements of the Uniform
Code and the code enforcement program. Should a remote inspection
not afford the City sufficient information to make a determination,
an in-person inspection shall be performed. After inspection, the
premises shall be noted as satisfactory and the operating permit shall
be issued, or the operating permit holder shall be notified as to
the manner in which the premises fail to comply with either or both
of the Uniform Code and the code enforcement program, including a
citation to the specific provision or provisions that have not been
met.
[Amended 4-7-2022 by L.L. No. 2022-002]
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 Officer/Fire Marshal may require a separate operating permit for each such activity, or the Code Enforcement Officer/Fire Marshal may, in his or her discretion, issue a single operating permit to apply to all such activities. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.
E.
Duration of operating permits.
[Amended 4-7-2022 by L.L. No. 2022-002]
(1)
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)
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 Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If
the Code Enforcement Officer/Fire Marshal 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; or when there has been misrepresentation
or falsification of material facts in connection with the permit application
or a condition of the permit.
G.
Fee. The fee as set by resolution of the City Council
must be paid at the time of submission of an application for an operating
permit, for an amended operating permit, or for reissue or renewal
of an operating permit.
H.
I.
Location of permits. Permits shall be kept on property
or premises covered by the permit or carried by the permit holder.
[Added 2-1-2007 by Ord. No. 2007-004]
No person shall install, use, or maintain an
outdoor furnace in the City of Canandaigua.
A.
The Fire Marshal or a designated Inspector shall conduct
periodic inspections for compliance with the provisions of the New
York State Uniform Fire Prevention and Building Code. Such inspections
shall be made at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures which contain an assembly area shall be performed
at least once every 12 months.
[Amended 4-7-2022 by L.L. No. 2022-002]
(2)
At least once every 12 months for public and private
schools and colleges, including any buildings of such schools or colleges
containing classrooms, dormitories, fraternities, sororities, laboratories,
physical education, dining, or recreational facilities.
[Amended 4-7-2022 by L.L. No. 2022-002]
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this subsection, shall be performed at least once every 36 months.
B.
Inspections permitted.
(1)
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 Officer/Fire Marshal or an Inspector designated by the Code Enforcement Officer/Fire Marshal at any time upon:
(a)
The request of the owner of the property to
be inspected or an authorized agent of such owner;
(b)
Receipt by the Code Enforcement Officer/Fire
Marshal of a written statement alleging that conditions or activities
failing to comply with the Uniform Code or Energy Code exist; or
(c)
Receipt by the Code Enforcement Officer/Fire
Marshal of any other information, reasonably believed by the Code
Enforcement Officer/Fire Marshal 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;
C.
If entrance to make an inspection is refused or cannot
be obtained, the Fire Chief may apply for a warrant to make an inspection
to any court of competent jurisdiction.
D.
OFPC inspections.
[Added 4-7-2022 by L.L. No. 2022-002]
(1)
Nothing in this section or in any other provision of this article
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.
(2)
Notwithstanding any other provision of this section to the contrary,
in the event that inspections are performed by OFPC and not the Code
Enforcement Officer or designated Inspector:
(a)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in § 714-30A(1) or (2) if OFPC performs firesafety and property maintenance inspections of such multiple dwelling; and
(b)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in § 714-30A(1) or (2) if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy.
E.
Remote inspections. At the discretion of the Code Enforcement Officer
or Inspector authorized to perform firesafety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized Inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized Inspector that the premises conform to the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized Inspector sufficient information to make a determination,
an in-person inspection shall be performed.
[Added 4-7-2022 by L.L.
No. 2022-002]
A.
The fee for inspections for compliance with the requirements
of this article and for fire inspections in places of public assembly
with respect to the Fire Code of New York State shall be set by resolution
of the City Council.
B.
Bills for fire inspection fees shall be sent to the
owner of record of the inspected property, as reflected in the office
of the Tax Assessor. The responsibility for payment of the bill shall
rest with the owner of record. Failure to pay the fee shall result
in imposition and foreclosure of a lien on the property. Unpaid inspection
fees shall become and be a lien upon the real property and shall be
added to and become a part of the taxes next to be assessed and levied
upon such property and shall bear interest at the same rate as taxes
and shall be collected and enforced by the same officer and in the
same manner as taxes.
C.
All inspection
fees must be paid prior to or at the time each inspection is performed
pursuant to this section. This subsection shall not apply to inspections
performed by OFPC.
[Added 4-7-2022 by L.L. No. 2022-002]
A.
A person owning (including a land contract vendor
or vendee), operating, occupying or maintaining property or premises
within the scope of the New York State Uniform Fire Prevention and
Building Code or this article shall comply with all the provisions
of the State Fire Prevention Code, this article, and all orders, notices,
rules, regulations or determinations issued in connection therewith.
B.
Whenever the Fire Department finds that there has
been a violation of the State Fire Prevention Code, this article,
or any rule or regulation adopted pursuant to this article, a violation
order shall be issued to the person or persons responsible.
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 may be served: by personal service;
by mailing by registered or certified mail; or by posting a copy thereof
in a conspicuous place on the premises, and by mailing a copy thereof
to the premises on the same day as posted, enclosed in a postpaid
wrapper addressed to the person responsible at the last known address
of such person.
E.
In case of owner (including a land contract vendor
or vendee), lessor, occupant or the agent of any of them shall fail,
neglect or refuse to remove, eliminate or abate the violation within
the time specified in the violation order, a request to take appropriate
legal action shall be made to Corporation Counsel of the City of Canandaigua.
A.
Failure to comply with any provision of the New York
State Uniform Fire Prevention and Building Code, this article, rules
or regulations adopted pursuant to this article, or a violation order
shall be deemed a violation and the violator shall be liable for a
fine of not more than $1,000 per day of violation, or imprisonment
not exceeding one year, or both.
B.
An action or proceeding in the name of the City of
Canandaigua may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of the New York State Uniform Fire Prevention and
Building Code, this article, rule or regulation adopted pursuant to
this article, or a violation order, or to vacate the occupancy or
building in the case of imminent danger to life or property. Such
remedy shall be in addition to penalties otherwise prescribed by law.
A.
A building or structure or part thereof, which is
an imminent danger to life and safety of the public as a result of
a fire or explosion is hereby declared to be a public nuisance.
B.
Whenever the Fire Chief finds a building or structure,
or part thereof, to be an imminent danger to life and safety of the
public as a result of a fire or explosion, the Fire Chief 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 Chief 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 premises which have been ordered vacated unless authorized to
perform inspections, repairs, or to demolish and remove such building
or structure, or part thereof.
D.
All costs and expenses incurred by the City of Canandaigua
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 expenses 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 be, and constitute a lien upon such land. If
the owner shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
collect such assessment of any such action, the Fire Department may
file a certificate of the actual expenses incurred as aforesaid, together
with a statement identifying the property in connection with which
the expenses were incurred, and the owner thereof, with the Assessor,
who shall in the preparation of the next assessment roll assess such
amount upon such property. Such amount shall be included in the levy
against such property, 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 City of Canandaigua.
[Added 8-7-2008 by L.L. No. 3-2008]
A.
Open burning inside Canandaigua City limits:
(1)
No open burning is allowed inside the City limits of Canandaigua except as authorized in Subsection A(2) below. All exceptions require approval by the Fire Chief and issuance of a valid burn permit by the Fire Department. The permit fee shall be the same amount as the fire inspection fee established by resolution of the City Council.
(2)
Exceptions.
(a)
Permits may be obtained for cooking fires that
require pits, i.e., pig roasts and recreational bonfires. These permits
will be for one-time use or special events.
(b)
A permit is not required for established barbecue
grills, portable cooking appliances, commercial outdoor fire pits,
ceramic or clay fire pots and similar devices.
(3)
Complaints. Open burning that will be offensive or
objectionable to a reasonable person because of smoke or odor emissions,
or when atmospheric conditions or local circumstances make such fires
hazardous, shall be prohibited. Upon notice by the Fire Department,
all fires must be immediately extinguished.
B.
General regulations for open burning permits. Anyone
with a valid open burning permit shall follow the regulations listed
below.
(1)
Safety guidelines.
(a)
A minimum distance of 50 feet shall be maintained
between any fire and any structure or combustible material.
(b)
Debris piles should be no larger than eight
feet wide and six feet high.
(c)
Debris material shall be no larger than four
inches in diameter.
(d)
Burning shall not be permitted during windy
conditions or when expected winds will exceed 10 miles per hour. The
permittee shall check the weather forecast to avoid burning during
high winds or extremely dry conditions.
(e)
All fires must be constantly attended by a competent
adult having extinguishing equipment ready to use. All fires must
be completely extinguished prior to the attendant leaving.
(f)
The permittee shall always have an adequate
water supply, a rake and a shovel available.
(g)
The open burning permit must be on site at all
times.
(2)
Prohibited materials. No person shall burn any of
the following materials:
