[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 9-3-1974 by L.L. No. 3-1974. Amendments noted where applicable.]
This chapter is hereby entitled "Fire Hazard
Inspection and Removal Law of the Village of Ossining" and may be
so cited.
[Amended 8-3-1999 by L.L. No. 2-1999; 7-15-2015 by L.L. No. 5-2015]
A.
Upon referral by the Fire Chief of the Fire Department of the Village of Ossining or an Assistant or Deputy Fire Chief, or in response to a complaint based upon personal observation, or as otherwise may be required by law or regulation, the Building Inspector, Assistant Building Inspector and Code Enforcement Officer, or his or her authorized designee, or a certified fire inspector acting as agent of the Village, are hereby authorized and empowered, at any and all reasonable times and as often as necessary, to enter upon and inspect all premises which are classified under Chapter 270, Zoning, of the Village of Ossining as being located in districts denominated Multifamily Residence, Professional Office, General Business, Neighborhood Business, Central Business, Office-Research and Waterfront Development and all the interior streets, roadways, and driveways thereof to determine whether there exist any conditions therein conducive to danger from fire and whether there are obstructions to property, fire escapes, stairs, passageways, doors and windows which might impede the operations of the Fire Department or other emergency services personnel in the event of a fire or emergency and whether there are any conditions existing on said premises creating danger to life or property. If any owner, occupant or any other person in charge of a building or structure subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the building or structure where inspection is authorized, the Village may seek in a court of competent jurisdiction either an order that such owner, occupant or other person in charge cease and desist with such interference and allow the inspection to proceed or to obtain a warrant as provided by law.
[Amended 4-19-2017 by L.L. No. 3-2017]
B.
The Fire Chief or an Assistant Fire Chief, the Building Inspector
or his or her authorized designee or a certified fire inspector acting
as agent of the Village shall designate such areas at, on or near
any interior street, roadway or driveway which, if obstructed, by
the parking or placing of any motor vehicle or any physical object
or material will cause interference with the ingress and egress of
firefighting or other emergency equipment or which, if obstructed
in any way, will create a condition which is dangerous to life or
property. Such areas shall thereupon be marked with standard police
signs and/or such other markings deemed necessary and proper by the
Fire Chief or Assistant Fire Chief, or the Building Inspector or his
or her authorized designee or a certified fire inspector acting as
agent of the Village indicating that said area is a restricted fire
zone. The parking or placing of any motor vehicle or physical object
or material within any such restricted fire zone is hereby expressly
prohibited.
[Amended 7-15-2015 by L.L. No. 5-2015]
The Village of Ossining Building Inspector or his or her authorized
designee, or any police officer of the Ossining Police Department
shall issue a summons, appearance ticket or other accusatory instrument
as appropriate for the violation of this chapter to the owner or any
person operating or controlling any motor vehicle, physical object
or material parked or placed within any restricted fire zone as hereby
designated. Whenever any other violation of any of the provisions
of this chapter is found to exist, the Building Inspector shall issue
an order directed to the owner or occupant of the premises affected
to remove any dangerous materials or remedy any other hazardous conditions
as he or she may direct within a reasonable time frame for compliance
as may be deemed appropriate, but said time frame may not be more
than 24 hours and upon the failure or refusal of the person to whom
such order is directed duly to comply therewith, a summons, an appearance
ticket or similar accusatory instrument as appropriate shall be issued
to such person for such violation.
The service of any order hereunder may be made
upon the occupant of the premises to which it is directed, either
by delivering a copy of the same personally or by leaving it with
any person of suitable age and discretion in charge of such premises,
or if no such person is found upon the premises, by affixing a copy
thereof in a conspicuous place on the front door of said premises.
An order may be served upon the owner of such premises by delivering
to and leaving with him or her a copy thereof, or, if such owner is
absent from the Village, by mailing a copy to his or her last known
address.
[Amended 9-1-2021 by L.L. No. 9-2021]
It shall be unlawful for any person willfully
to refuse to permit an inspection as provided herein. The Board of
Trustees as part of its annual approval of the Village’s fee
schedule will include fees for the required fire inspection. Where
a fee has been incurred for the fire inspection as a result of an
inspection or missed appointment, within ten calendar days of that
inspection and/or missed appointment, the Building Inspector or designee
shall send to the owner, tenant, occupant or other person legally
in possession of the real property by certified mail, return receipt
requested, an invoice for the inspection/missed appointment pursuant
to the Village’s annual fee schedule. Payment is to be made
to the Village Treasurer no later than twenty calendar days after
the invoice has been sent out. Upon the failure of the owner, tenant,
occupant or other person legally responsible for the real property
to pay the aforementioned invoice, the Building Inspector or designee
shall certify the amount to the Village Treasurer. The amount so certified
shall thereupon become and be a lien upon the property and shall be
added to and become a part of the taxes next to be assessed and levied
on such property, to be collected and enforced in the same manner
as taxes.
It shall be unlawful for any person being the
owner or occupant, lessee or otherwise in charge or control of any
premises subject to an order made pursuant to this chapter, to fail
or refuse to comply with such order within the time specified therein
or to violate any of the provisions of this chapter.
[Amended 8-3-1999 by L.L. No. 2-1999; 9-16-2008 by L.L. No.
6-2008]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be subject to a minimum
fine of $100 and a maximum fine of $1,000 per offense or imprisonment
not exceeding 15 days, or both such fine and imprisonment.
