[HISTORY: Adopted by the Town Board of the Town of Hamlin 12-11-2006 by L.L. No.
11-2006 (Ch. 51 of the 1987 Code). Amendments noted
where applicable.]
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:
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.
A certificate issued pursuant to § 220-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 220-3B of this chapter.
[Amended 8-2-2011 by L.L.
No. 4-2011]
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 220-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 220-3D of this chapter.
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.
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]
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]
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 220-6 of this chapter.
A certificate issued pursuant to § 220-7D of this chapter.
The Town of Hamlin.
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]
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
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]
A.
The Office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review and approve or disapprove applications for building
permits, certificates of occupancy, temporary certificates and operating
permits, and the plans, specifications and construction documents
submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, temporary certificates and operating permits, and to
include in building permits, certificates of occupancy, temporary
certificates and operating permits such terms and conditions as the
Code Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, temporary certificates
and operating permits, firesafety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all
other inspections required or permitted under any provision of this
chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's Attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this chapter;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Town
Board of the Town of Hamlin to serve as Acting Code Enforcement Officer.
The Acting Code Enforcement Officer shall, during the term of his
or her appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Office by this chapter.
D.
One or more inspectors may be appointed by the Town Board of the
Town of Hamlin to act under the supervision and direction of the Code
Enforcement Officer and to assist the Code Enforcement Officer in
the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer by this chapter. Each inspector
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel,
and each inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Town Board of the Town of
Hamlin.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including but not limited to the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.[1]
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Installation of swings and other playground equipment associated
with one- or two-family dwelling or multiple single-family dwellings
(townhouses);[2]
(2)
Installation of swimming pools associated with a one-or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;[3]
(3)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(5)
Installation of window awnings supported by an exterior wall of a
one-or two-family dwelling or multiple single-family dwellings (townhouses);
(6)
Installation of partitions or movable cases less than five feet nine
inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(8)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(9)
Replacement of any equipment, provided that the replacement does
not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(10)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition, or
portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the rearrangement
of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any building
system; or
(d)
The removal from service of all or part of a fire protection system
for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Application for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or by
an authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing and
proposed buildings and structures on the site, the location of any
existing or proposed well or septic system, the location of the intended
work, and the distances between the buildings and structures and the
lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process require an inspection to be made (where applicable):
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work;
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired or has been suspended or revoked.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the stop-work
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
affected by the stop-work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 220-15 (Enforcement; penalties for offenses) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy required. A certificate of occupancy shall
be required for any work which is the subject of a building permit
and for all structures, buildings or portions thereof which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy.
B.
Issuance of certificates of occupancy. The Code Enforcement Officer
shall issue a certificate of occupancy if the work which was the subject
of the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
if the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy. In addition,
where applicable, the following documents, prepared in accordance
with the provisions of the Uniform Code by such person or persons
as may be designated by or otherwise acceptable to the Code Enforcement
Officer, at the expense of the applicant for the certificate of occupancy,
shall be provided to the Code Enforcement Officer prior to the issuance
of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate of occupancy
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy and the date of issuance.
D.
Temporary certificate.
(1)
The
Code Enforcement Officer shall be permitted to issue a temporary certificate
allowing the temporary occupancy of a building or structure, or a
portion thereof, prior to completion of the work which is the subject
of a building permit. However, in no event shall the Code Enforcement
Officer issue a temporary certificate unless the Code Enforcement
Officer determines that:
(a)
The building or structure, or the portion thereof covered by the
temporary certificate, may be occupied safely;
(b)
Any fire- and smoke-detecting or fire protection equipment which
has been installed is operational; and
(c)
All required means of egress from the building or structure have
been provided.
(2)
The
Code Enforcement Officer may include in a temporary certificate such
terms and conditions as he or she deems necessary or appropriate to
ensure safety or to further the purposes and intent of the Uniform
Code. A temporary certificate shall be effective for a period of time,
not to exceed six months, which shall be determined by the Code Enforcement
Officer and specified in the temporary certificate. During the specified
period of effectiveness of the temporary certificate, the permit holder
shall undertake to bring the building or structure into full compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy or a temporary
certificate was issued in error because of incorrect, inaccurate or
incomplete information, and if the relevant deficiencies are not corrected
to the satisfaction of the Code Enforcement Officer within such period
of time as shall be specified by the Code Enforcement Officer, the
Code Enforcement Officer shall revoke or suspend such certificate.
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.
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.
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.
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.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication titled "Fire Code of New York State"
and incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but not limited to
commercial and industrial operations which produce combustible dust
as a by-product, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board of this Town.
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. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer 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, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
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 may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed three years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. 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 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.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
B.
Inspections permitted. 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 or an inspector designated by the Code Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Code Enforcement Office of any other information,
reasonably believed by the Code Enforcement Officer 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; provided,
however, that nothing in this subsection shall be construed as permitting
an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter 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.
Notwithstanding any other provision of this section to the contrary,
the Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of:
(1)
A building or structure which contains an area of public assembly
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(2)
A building or structure occupied as a dormitory if OFPC performs
firesafety and property maintenance inspections of such building or
structure at least once every 12 months;
(4)
A nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
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.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, temporary certificates,
stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Town Board of the Town of Hamlin a written report and summary of all business conducted by the Code Enforcement Officer and inspectors, including a report and summary of all transactions and activities described in § 220-13 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials this Town is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Town in connection
with administration and enforcement of the Uniform Code.
A.
Compliance orders. 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 be in writing;
be dated and signed by the Code Enforcement Officer; specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
chapter; 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; specify the period of time which the Code Enforcement
Officer deems to be reasonably necessary for achieving compliance;
direct that compliance be achieved within the specified period of
time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time. 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 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 certified mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Civil penalties. In addition to those penalties proscribed by state
law, any person who violates any provisions of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building
permit, certificate of occupancy, 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.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Town, 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,
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 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.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 220-6 (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 § 220-6 (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 § 381 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 § 381 of the Executive Law.
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.