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 this chapter.
In this chapter:
BUILDING PERMIT
A permit issued pursuant to §
92-4 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.
CODE ENFORCEMENT PERSONNEL
The Code Enforcement Officer and all inspectors, as well
as any staff or delegates of the Code Enforcement Officer.
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 §
92-11 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
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.
TOWN
The Town of Poestenkill.
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 this Town shall be identified and addressed in accordance with the procedures established by Chapter
100 of the Code of the Town of Poestenkill, as now in effect or as hereafter amended from time to time.
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 §
92-16, Violations, 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 has heretofore been established by resolution
of the Town Board of this Town, which fee schedule may at any time
be amended 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 this Town may, by resolution, authorize the
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.