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
§ 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 §
220-4 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 §
220-10 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.
OPERATOR
Any person, persons or entity who has charge, care, custody
or control of a building and/or property, including a tenant or property
maintenance company.
[Added 10-28-2015 by L.L.
No. 7-2015]
OWNER
The person, persons, or entity shown to be the owner or owners
on the current assessment records; a mortgagee in possession, either
by commencement of a mortgage foreclosure action or otherwise; an
assignee of rents; a receiver; or an executor, administrator, trustee,
lessee, or any other person, firm or entity in control of the premises,
including an operator, as defined herein. Any such owner shall have
joint and several obligation for compliance with the provisions of
this chapter.
[Added 10-28-2015 by L.L.
No. 7-2015]
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes 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.
UNOCCUPIED
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by the Code Enforcement Officer. In determining
whether a building is unoccupied, the Code Enforcement Officer may
consider, among other things, the following: whether lawful residential
or business activity has ceased; the percentage of the overall square
footage of the occupied to unoccupied space or the overall number
of occupied or unoccupied units; whether the building is substantially
devoid of contents or the minimal value of personal property or fixtures
in the building; whether there is utility service to the building;
whether the premises is subject to a foreclosure action; the duration
of vacancy; and the presence or reoccurrence of code violations.
[Added 10-28-2015 by L.L.
No. 7-2015]
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
VACANT BUILDING
A building or portion of a building that is one or more of
the following: unoccupied and unsecured; unoccupied and secured by
other than normal means; unoccupied and an unsafe building as determined
by the Code Enforcement Officer; unoccupied and the Code Enforcement
Officer has issued an order or orders to correct code violations;
or unoccupied for a period of time over 30 calendar days.
[Added 10-28-2015 by L.L.
No. 7-2015]
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 this Town shall be identified and addressed in accordance with the procedures established by Chapter
231 of the Code of the Town of Hamlin, which chapter is known as the "Unsafe Building Law of the Town of Hamlin," as such law in now in effect and as hereafter amended from time to time.
[Added 10-28-2015 by L.L.
No. 7-2015]
A. Statement of purpose. The Town Board finds that vacant buildings
are unsightly, unsafe, and have a negative effect on the community,
and that many vacant buildings remain that way for years. The purpose
of this section is to establish a program for identifying and registering
vacant buildings, to set forth the responsibilities of owners and/or
operators of vacant buildings, and to speed the rehabilitation of
vacant buildings.
B. Vacant building registration.
(1)
The owner of a vacant building shall register with the Code
Enforcement Officer no later than 20 business days after any building
becomes a vacant building or not later than 10 business days after
being notified by the Code Enforcement Officer of the requirement
to register. The Code Enforcement Officer may identify vacant buildings
through a routine inspection process, as well as by notification from
residents, a neighborhood association or other community groups. Notice
will be served upon, or sent by mail to, the owner, any property maintenance
company maintaining the property, and the property address. Notice
will be deemed received upon personal delivery or five days after
service by first-class mail.
(2)
The registration shall be submitted on forms provided by the
Code Enforcement Officer and shall include the following information:
(a)
The street address and most-recent use of the vacant building.
(b)
The names, addresses, and telephone numbers of the owner or
owners. If an owner is a corporation, limited liability company, partnership
or other entity, the address for each director, manager or partner,
as the case may be. Each address shall include an actual street address
rather than a post office box reference.
(c)
A name, address and telephone number of a responsible individual
who can be reached at all times during business and nonbusiness hours.
The address must include an actual street address.
(d)
The name, address and telephone number of any property manager
and/or property maintenance company responsible for maintaining the
vacant building and the property. If a property manager is a corporation,
limited liability company, partnership or other entity, contact information
for a responsible natural person of behalf of the property manager.
(e)
A vacant building plan as described in Subsection
D of this section.
C. Property maintenance company registration.
(1)
Any person, corporation, limited liability company, partnership
or other entity responsible for maintaining a vacant building on behalf
of any owner shall register with the Code Enforcement Officer no later
than 20 business days after commencing such maintenance responsibilities
or not later than 10 business days after being notified by the Code
Enforcement Officer of the requirement to register. The registration
shall be submitted on forms provided by the Code Enforcement Officer
and shall include, for each and every vacant building being maintained,
the following information:
(a)
The street address of the vacant building.
(b)
The name, address, and telephone numbers of the registrant.
If a registrant is a corporation, limited liability company, partnership
or other entity, the address of each director, manager or partner,
as the case may be. The address must be an actual street address rather
than reference to a post office box.
(c)
A name, address and telephone number of a responsible natural
person of the registrant who can be reached at all times during business
and nonbusiness hours. The address shall be an actual street address
rather than reference to a post office box.
(d)
The name, address and telephone number of the owner of the vacant
building. If an owner is a corporation, limited liability company,
partnership or other entity, contact information for a responsible
natural person on behalf of the owner.
(2)
The registrant shall, on an ongoing basis, immediately advise the Code Enforcement Officer of any changes to the information provided pursuant to Subsection
C(1) of this section, including additions to and/or deletions from the vacant buildings being maintained by the registrant.
D. Vacant building plan. The owner shall submit a vacant building plan
that meets the approval of the Code Enforcement Officer and which
contains information addressing the following:
(1)
A plan for securing the vacant building and the premises.
(2)
A statement as to the procedure which will be followed to maintain
the vacant building and the property.
(3)
If the building is to be returned to occupancy, a rehabilitation
plan for the vacant building. The rehabilitation plan may not exceed
six months from the date of submission and shall include progress
benchmarks at least every two months, unless the Code Enforcement
Officer grants an extension for good reasons shown upon receipt of
a written statement from the owner detailing the reasons for the extension.
All repairs, renovation, improvements and alterations to the vacant
building must comply with all applicable building and zoning codes.
(4)
If the vacant building is to be demolished, a demolition plan
indicating the proposed time frame for demolition.
(5)
If the plan or timetable is revised in any way, the revisions
must be in writing and must meet the approval of the Code Enforcement
Officer.
(6)
The plan shall acknowledge that:
(a)
The owner will comply with all applicable laws and codes with
respect to the vacant building and the property; and
(b)
The owner will notify the Code Enforcement Officer of any transfer
of ownership within 15 days of transfer; and
(c)
That the vacant building and property will be maintained as provided in Subsection
F hereof.
E. Exemptions from registration. A vacant building which has suffered
fire damage or damage caused by extreme weather conditions will be
exempt from registration requirements for a period of 90 days after
the date of the fire or extreme weather event, provided that the owner
submits a request for exemption in writing to the Code Enforcement
Officer. The request shall include the following information:
(1)
The street address of the vacant building.
(2)
The reason for the exemption.
(3)
The names, addresses and telephone numbers of the owner or owners.
Each address shall be an actual street address rather than reference
to a post office box.
(4)
A statement of intent to repair and reoccupy the vacant building
in an expedient manner, or the intent to demolish the vacant building.
F. Vacant building and property maintenance.
(1)
The owner of a vacant building will take such steps and perform
such acts as may be required, from time to time, to ensure that the
vacant building and property remain safe and secure and do not present
a hazard to adjoining properties or the public. Owners are responsible
for maintaining vacant buildings so that they do not become unsafe.
(2)
The owner shall protect and maintain the exterior of a vacant
building as follows;
(a)
Exterior walls, including foundations, shall be maintained so
that water does not penetrate into basements, cellars, or other interior
areas. All exterior walls and foundations must be free of holes and
crevices.
(b)
Exterior doors, windows, skylights and similar openings shall
be maintained, secured and weathertight.
(c)
Exterior stairs, porches, entrance platforms, fire escapes and
the railings thereon shall be maintained in a safe and sound condition.
(d)
Roofs shall be maintained in a weathertight condition, either
with normal roofing material or other materials that are reasonably
visually compatible with the existing roofing material and not unsightly.
(e)
Roof drains, gutters and downspouts shall be maintained in good
repair and free from obstructions.
(f)
Exterior surfaces shall be maintained in good condition. Surfaces
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative. There
shall be no excessive flaking, peeling or chipping of any protective
coating.
(g)
The coverings for windows and doors with glass may not consist
of any substance sprayed onto the glass doors or windows. All enclosures
shall be properly fitted and be of such material and surface that
they are neither unsightly nor will materially detract from the general
appearance of the building or the neighborhood and, when possible,
shall be secured by normal means.
(h)
The covering for broken doors and cracked or broken windows
may consist of replacement glass, plexiglass, boards, plywood or similar
materials finished and maintained in a manner recommended and approved
by the Code Enforcement Officer. The materials will be designed and
of such color to blend in with the finish of the building.
(i)
Windows that are not cracked or broken may be covered with interior
blinds, curtains, shades, or decorative paper.
(3)
The owner will maintain the property as follows:
(a)
There shall be no accumulation of garbage, refuse or debris.
(b)
The property shall be maintained free of insects, vermin and
rodent infestation.
(c)
Junk vehicles, equipment, materials and personal property shall
not be stored on the property.
(d)
If the vacant building is to remain vacant for more than 30
days, all fuel gas, water, and utilities shall be disconnected at
the mains and water pipes drained and winterized. Prior to such disconnection,
the vacant building shall be heated to avoid freezing pipes; fuel
gas pipe systems shall be maintained gastight and in a safe and operating
condition; water pipes shall be maintained to avoid leaks and/or breakage.
(e)
Fuel tanks shall be maintained so as not to be a hazard or be
disconnected in a manner consistent with the Uniform Code.
(f)
Swimming pools shall be maintained in a clean and sanitary condition,
in good repair and properly fenced and secured.
(g)
Yards shall be trimmed and mowed, with the height of grass and
weeds being no more than 10 inches, and with all dead, damaged or
diseased trees or shrubs, or any portion thereof, removed or replaced.
G. Vacant building registration fees.
(1)
The owner of a vacant building shall pay an initial registration
fee of $100, which amount shall be payable upon registration.
(2)
In order to cover the cost to the Town of monitoring and inspecting
the vacant building, a renewal fee in the amount of $250 is due and
payable annually on the anniversary of the initial registration, until
the vacant building is properly demolished or rehabilitated.
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 §
220-15 (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 this Town. 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, 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 may, by resolution, authorize the
Code Enforcement Officer of this Town to enter into an agreement,
in the name of this 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.