[Amended 9-20-2021 by L.L. No. 4-2021]
A. 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 the Village of Irvington, as well as the Zoning Code of the
Village of Irvington. 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 this chapter. No building or structure
or part thereof shall hereafter be moved, erected, constructed, reconstructed,
demolished, extended or altered except in conformity with the provisions
herein contained.
B. The Village Board hereby adopts the New York State Uniform Fire Prevention
and Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code), and all subsequent amendments
thereto.
C. The NYStretch Energy Code 2020, published by the New York State Energy
Research and Development Authority, and all subsequent amendments
thereto, shall be applicable to all new construction, substantial
renovations, alterations and additions, as required by the Energy
Code, in the Village of Irvington.
Throughout this chapter, the following terms shall have the
meanings indicated:
BUILDING
See definition in §
224-3 of the Code of the Village of Irvington.
BUILDING PERMIT
A permit issued pursuant to §
95-4. The term "building permit" shall also include a building permit that 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 §
95-8. The term "operating permit" shall also include an operating permit that 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.
STRUCTURE
See definition in §
224-3 of the Code of the Village of Irvington.
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 New York State Uniform Fire Prevention and Building Code (the
"Uniform Code") includes Part 1220 (Residential Code), Part 1221 (Building
Code), Part 1222 (Plumbing Code), Part 1223 (Mechanical Code), Part
1224 (Fuel Gas Code), Part 1226 (Property Maintenance Code), and Part
1227 (Existing Building Code), of Title 19 of the NYCRR.
[Amended 10-15-2012 by L.L. No. 6-2013]
The Code Enforcement Officer shall review and investigate complaints that allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, Chapter
224, Zoning, any other chapter of the Code of the Village of Irvington, any building permit, special permit, variance, site development plan approval or other approval or permit issued by the Planning Board. 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 §
95-12, Violations; penalties for offenses.
C. If appropriate, issuing a stop-work order.
D. If a violation that 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 Board of Trustees of the Village. Such fee schedule may thereafter be amended from time to time by the Board of Trustees by resolution in Chapter
114 of the Code of the Village of Irvington. 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 or certificates of compliance, 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 Board of Trustees of the Village may, by resolution, authorize
the Village Administrator of the Village to enter into an agreement,
in the name of the 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.
This chapter shall not be construed to hold the Village responsible
for any damage to persons or property by reason of the inspection
or reinspection authorized herein or failure to inspect or reinspect
or any permit or certificate issued as herein provided.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State.