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. This chapter is
adopted pursuant to Section 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 §
61-4 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.
CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to §
61-7B of this chapter certifying that the structure or permit described: 1) conforms substantially to the approved plans and specifications filed in the office of the Code Enforcement Officer; and 2) appears to substantially comply with the New York State Uniform Fire Prevention and Building Code.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to §
61-7B of this chapter certifying that the structure or permit described: 1) conforms substantially to the approved plans and specifications filed in the office of the Code Enforcement Officer; 2) the structure appears to substantially comply with the New York State Uniform Fire Prevention and Building Code; and 3) the structure or portion of the structure subject to the certificate is suitable for the purpose or purposes for which it is to be used or occupied.
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 §
61-10 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
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.
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 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 the Town
of Naples shall be identified and addressed in accordance with the
Property Maintenance Code of New York State Sections 108 and 109 and
Fire Code of New York State, Section 110.
[Added 3-7-2017 by L.L.
No. 1-2017]
A. In the event that the Code Enforcement Officer determines that any building or structure is uninhabitable or may not be safely occupied, the Code Enforcement Officer, prior to posting the building or structure as such, except as provided in Subsection
F hereof in case of immediate hazard, shall serve the owner(s) and occupant(s) with a notice of that determination.
B. Contents of notice. Said notice shall state:
(1) The name(s) of the owner of record of the property and the name(s),
if known, of the person(s) in occupancy, as appears from available
records.
(2) The address and Tax Map identification number of the premises.
(3) That the premises is uninhabitable and/or may not be safely occupied.
(4) A recitation of the facts creating the condition(s) making the premises
uninhabitable or not safely occupied, together with an itemization
of the Code section(s) which are being violated.
(5) That a hearing may be requested within 10 days after receipt of the
notice upon the issue of whether the building or structure is uninhabitable
and/or may not be safely occupied.
(6) That the request for a hearing must be in writing and contain:
(a)
The name, address and telephone number of the person requesting
the hearing.
(b)
The interest in the property (owner, occupant, agent, etc.)
of the person requesting the hearing.
(c)
The address of the subject property.
(d)
That a hearing is requested on the issue of whether the property
is uninhabitable or may not be safely occupied.
(7) That the hearing request must be served upon the Town Clerk of the
Town of Naples within 10 days of receipt of the notice from the Code
Enforcement Officer.
C. Service of notice. Service of said notice shall be made upon the
owner(s) and any occupant(s) pursuant to the applicable provisions
of Article 3 of the Civil Practice Law and Rules of the State of New
York.
D. Request for hearing. Within 10 days of service upon the owner(s)
and/or person(s) in occupancy of the building or structure of such
notice, the owner(s) and/or occupants or any other person(s) deeming
himself aggrieved by notice of determination that the building or
structure is uninhabitable and/or may not be safely occupied may request
a hearing.
E. Hearing.
(1) Upon receiving a request for a hearing, the Town Clerk shall forthwith
notify the Code Enforcement Officer and the Town Supervisor that a
request for a hearing has been filed. The Town Supervisor shall designate
a hearing committee to hear and determine the matter and shall inform
the Code Enforcement Officer of the identity of the members of the
hearing committee so designated. The hearing committee shall consist
of two current members of the Town Board. The Code Enforcement Officer
shall inform the person requesting the hearing of the date and place
of the hearing not less than five days prior to the date of the hearing.
(2) At such hearing the Code Enforcement Officer shall present such evidence
as is relevant to the issues of whether the building or structure
is uninhabitable or may not be occupied. The hearing applicant may
likewise present relevant evidence with respect to such issues.
(3) The hearing committee shall, upon the presentation of relevant evidence,
determine whether the building or structure is uninhabitable or may
not be safely occupied. The hearing committee shall promptly issue
a report of the contentions of the parties, the findings of fact and
its determination and provide a copy thereof to the person requesting
the hearing and his attorney, if any; the Code Enforcement Officer;
and the Town Clerk.
(4) Any person aggrieved by the decision of the hearing committee may
appeal said decision directly to the Supreme Court of the State of
New York, pursuant to Article 78 of the Civil Practice Law and Rules.
Such a proceeding shall not stay further action pursuant to this chapter
unless a court of competent jurisdiction so orders.
F. Emergency procedures. Notwithstanding the provision of Subsection
A hereof with respect to prior notice and hearing, whenever the conditions described in Subsection
A of this section constitute such an imminent danger that the building or structure must be posted forthwith or within less than the designated period, and, if the Code Enforcement Officer so determines, the Code Enforcement Officer shall post the building or structure without prior notice. The term "imminent danger" shall be applied as it is defined in the Uniform Code promulgated by the Department of State of the State of New York. In such event, notice shall be given to the owner and occupants, if any, within seven days thereafter, in accordance with the provisions of Subsections
B and
C hereof, with the provisions of Subsections
D and
E being applicable with respect to said posting.
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 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 §
61-15, 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 fee schedule shall be established by resolution
of the Town Board of the Town of Naples. 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 compliance, certificates
of occupancy, temporary certificates, operating permits, firesafety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this chapter.
The Town Board of the Town of Naples may, by
resolution, authorize the Town Supervisor to enter into an agreement,
in the name of the Town, with other governments to carry out the terms
of this chapter, provided that such agreement does not violate any
provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.