A fee schedule for activities requiring a permit or subject
to inspection hereunder shall be established by resolution of the
Board of Trustees. 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 a permit, certificate of occupancy or temporary certificate, or
any renewal or amendment thereof, fire safety and property maintenance
inspections, and other actions of the Code Enforcement Officer described
in or contemplated by this chapter.
A.
Dangerous and unsafe structures. A structure may be determined to
be dangerous or unsafe when any one of the following conditions exist:
(1)
Any part of the structure has been damaged (e.g., by fire, wind,
neglect or vandalism) to such an extent as to be a hazard to the safety
or health of the inhabitants of the Village.
(2)
Any part of the structure is in danger of collapse.
(3)
The structure or part thereof remains unoccupied for a period of
one year and, because of damage or destruction to windows, doors,
other portals or other physical deterioration, constitutes a hazard
to safety of health.
(4)
The structure or part thereof constitutes or creates a fire hazard
due to lack of proper maintenance, repair, construction or supervision.
B.
Boarding of windows, doors and portals.
(1)
Any structure or part thereof damaged by fire or natural hazard or
that has damaged windows, doors or other portals must immediately
be protected by temporary enclosures for a period of time not to exceed
30 calendar days. Thereafter, the window, door or other portal must
be completely and permanently restored.
(2)
In all other instances where windows, doors or other portals have
been subject to damage or destruction (e.g., by accidents or vandalism),
immediate temporary enclosures will only be permitted for a period
of time not to exceed 10 days (exclusive of weekends and holidays).
Thereafter, the window, door or other portal shall be permanently
restored.
C.
Inspection; report and order to repair or demolish.
(1)
The Code Enforcement Official shall inspect or cause to be inspected
any structure or part thereof reported as being a dangerous or unsafe
structure and shall provide written report to the Board of Trustees
of the findings, together with recommendations as to the demolition
or repair of the structure.
(2)
The Board of Trustees thereafter, by resolution, may declare the
structure a dangerous or unsafe structure and order its demolition
or repair. Demolition or repair shall begin within 15 days of receipt
by the record owner or authorized agent of a true copy of the order
of the Board of Trustees. Service of said order shall be by certified
mail, return receipt requested, personal service or such other means
as reasonably designed to ensure receipt by the intended recipient.
Said demolition or repair shall be completed within 60 days of receipt
of said order.
D.
Failure to comply; assessment of costs.
(1)
Sixty days after the service of the order to demolish or repair upon
the owner, the Code Enforcement Official shall schedule an inspection
of the property to ensure compliance with said order. If the owner
has failed to comply with the order of the Board of Trustees to demolish
or repair, the Village may make application to the State Supreme Court
for an order declaring the structure or part thereof to be a public
nuisance and directing its demolition or repair in accordance with
the order of the Trustees. Application to the Court shall be made
within 120 days after inspection reveals noncompliance by the owner.
(2)
All expenses incurred by the Village in demolishing or repairing
a dangerous or unsafe structure shall be a charge against the property
and shall be added to the next taxes assessed against the property
if not paid within 30 days after notice of said charge.
E.
Unfinished structures.
(1)
The Code Enforcement Official shall inspect or cause to be inspected
any structure or part thereof which qualifies hereunder as unfinished
and shall make written report thereof to the Board of Trustees of
the findings, together with his recommendations.
(2)
The Board of Trustees thereafter may, by resolution, order the demolition
of a structure or completion thereof under such terms as the Board
of Trustees may direct. The order shall be served upon the owner by
certified mail, return receipt requested, by personal service or such
other means as reasonably designed to ensure receipt by the intended
recipient. Full compliance, except where otherwise directed by the
Board of Trustees order, shall be had within 60 days of receipt thereof.
(3)
In the event of the refusal or failure of the record owner to comply
with the completion order of the Village Board, the record owner shall
be subject to a fine in an amount not to exceed $250 per day until
full compliance with said order is certified by the Code Enforcement
Official.
A.
Inspections required. Fire safety 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)
Fire safety and property maintenance inspections of structures which
contain an area of public assembly shall be performed at least once
every 12 months.
(2)
Fire safety and property maintenance inspections of structures being
occupied as dormitories shall be performed at least once every 36
months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or A(2) of this section, and all mixed use and nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or A(2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety 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 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 any applicable requirement 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.
Office of Fire Prevention and Control 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 fire safety and property maintenance inspections of any
structure:
(1)
Which contains an area of public assembly if OFPC performs fire safety
and property maintenance inspections of such structure at least once
every 12 months;
(2)
Occupied as a dormitory if OFPC performs fire safety and property
maintenance inspections of such structure at least once every 12 months;
(4)
Which is a mixed use or nonresidential building, structure, use or occupancy not included in Subsection A(1) or A(2) of this section if OFPC performs fire safety 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, this chapter or any other applicable
requirements. 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 this article;
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.
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 requirement, without regard to whether
such work is or is not work for which a permit is required, and without
regard to whether a 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 permit is required,
and without regard to whether a permit has or has not been issued
for such work; or
(3)
Any work for which a permit is required which is being performed
without the required permit, or under a permit that has become invalid,
has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall:
(1)
Be in writing;
(2)
Be dated and signed by the Code Enforcement Officer;
(3)
State the reason or reasons for issuance;
(4)
If applicable, state the conditions which must be satisfied before
the approved work will be permitted to resume; and
(5)
Indicate the fee (the amount of which shall be established from time
to time by the Board of Trustees) to lift or rescind the stop-work
order.
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, by registered mail or other means
reasonably calculated to ensure receipt by the intended recipient.
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, by
registered mail or other means reasonably designed to ensure receipt
by the intended recipient; 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.
Resumption of work; payment of fee. No work of any kind shall be
performed on any structure subject to a stop-work order until all
conditions of said stop-work order are satisfied, the Code Enforcement
Officer grants written permission to resume the approved work, and
the fee specified in the stop-work order is paid.
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 structure or premises in violation of the Uniform Code or
other applicable requirement. Upon finding that any such condition
or activity exists, the Code Enforcement Officer shall issue a compliance
order consistent with, and contain all of the information required
by, 19 NYCRR 1203.5, as such regulation may be from time to time amended.
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property
personally, by certified mail or other means reasonably calculated
to ensure receipt by the intended recipient within 10 days of the
date of said order. 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
in the same manner as provided herein; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the compliance order.
The Code Enforcement Officer, each inspector, the Supervisor
of the Department of Public Works or Fire Chief are authorized to
issue appearance tickets for any violation of any applicable requirement,
requiring the recipient thereof to appear in Village Court to respond
to such alleged violation. If an incumbent Fire Chief does not possess
the necessary qualifications to act as a Code Enforcement Official,
another qualified individual recommended by the Fire Chief shall be
designated by resolution of the Village Board.
In addition to those penalties proscribed by state law or elsewhere
in this chapter, any person who violates any applicable requirement,
shall be liable to a civil penalty of not more than $500 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 the Village in a court of competent jurisdiction.
An action or proceeding may be instituted in the name of the
Village, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any applicable
requirement. In particular, but not by way of limitation, where the
construction or use of a structure is in violation of any provision
of any applicable requirement, an action or proceeding may be commenced
in the name of the Village, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
demolition of the 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
Village Board of Trustees.
All graffiti or defacement shall be removed from a structure
or part thereof within five days after receipt by the owner of written
notice to remove, issued by the Code Enforcement Official.
No remedy or penalty specified in this chapter shall be the
exclusive remedy or remedy available to address any violation described
herein, and each remedy or penalty specified herein shall be in addition
to, and not in substitution for or limitation of, the other remedies
or penalties specified in 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 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 Section 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.
