[HISTORY: Adopted by the Village Board of the Village of
Webster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-12-2023 by L.L. No. 3-2023[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Administration and Enforcement, adopted 3-13-1989 by L.L. No. 2-1989, as amended.
This article shall be known as the "Village of Webster New York
State Uniform Fire Prevention and Building Code (the Uniform Code)
and the State Energy Conservation Construction Code (the Energy Code)
Administration and Enforcement Law."
It is the intent of this article to provide 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 Village. This article
is adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, the Energy Code,
other state law, or other section of this article, all buildings,
structures, and premises, regardless of use or occupancy, are subject
to the provisions this article.
As used in this article, the following terms shall have the
meanings indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A Code Enforcement Officer.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this article.
A document issued by the Village stating that work was done,
but not necessarily in compliance with approved construction documents
and the Codes.
A document issued by the Village stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by, the Village,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
The Code Enforcement Officer appointed pursuant to § 30-6 of this article.
Includes the Code Enforcement Officer and all inspectors.
The current Uniform Code and Energy Code and as they may
be amended.
The current New York State Energy Conservation Construction
Code adopted pursuant to Article 11 of the Energy Law and as it may
be amended.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225 and as it may be amended.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to § 30-6 of this article.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 46-6 of this Code. The term "operating permit" shall also includes an operating permit which is renewed, amended, or extended pursuant to any provision of this article.
An order issued by the Code Enforcement Officer pursuant to § 30-19A of this article.
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.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226 and as it may be amended.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220 and as it may be amended.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant § 30-14 of this article.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Structures include buildings, walls, fences, billboards, poster
panels and pools 24 inches deep or more.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 30-16D of this article.
The Town of Webster.
The current New York State Uniform Fire Prevention and Building
Code Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted
pursuant to Article 18 of the Executive Law and as it may be amended.
The Village of Webster.
The Village Board of Trustees of the Village of Webster hereby
adopts the New York State Uniform Fire Prevention and Building Code
(the Uniform Code), the State Energy Conservation Code (the Energy
Code), and all subsequent amendments thereto.
The Building Inspector, Deputy Building Inspector, Fire Marshal,
Deputy Fire Marshal, Code Enforcement Officer, and Superintendent
of Public Works are code enforcement officials as defined in the Uniform
Code.
A.
The Board of Trustees of the Village of Webster does hereby establish
the office to be known as the "office of the Code Enforcement Officer"
within the Department of Public Works. The office shall be occupied
by a Building Inspector or Acting Building Inspector, and a Deputy
Building Inspector and/or one, or several, inspectors as determined
by the Board of Trustees. The Code Enforcement Officer shall administer
and enforce all the provisions of the Uniform Code, the Energy Code,
and this article. 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, certificates of compliance, temporary
certificates of occupancy, 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, certificates of compliance, certificates of completion,
temporary certificates of occupancy, and operating permits, and to
include 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 to certificates of occupancy, certificates of compliance,
certificates of completion, temporary certificates of occupancy, and
operating permits; fire safety and property maintenance inspections;
inspections incidental to the investigation of complaints; and all
other inspections required or permitted under any provision of this
article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's Attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
article;
(11)
Specific powers and duties of Building Inspector and Fire Marshal.
(a)
Building Inspector. Except as otherwise provided by law, ordinance,
rule or regulation, the Building Inspector shall administer and enforce
all provisions of laws, codes, ordinances, rules, regulations and
orders applicable to the location, design, materials, construction,
alteration, repair, equipment, maintenance, use, occupancy, removal
and demolition of buildings, structures and appurtenances thereof
not specifically delegated as responsibilities of the Fire Marshal.
(b)
Fire Marshal. Except as otherwise provided by law, ordinance, rule or regulation, the Fire Marshal shall administer and enforce all laws, codes, ordinances, rules, regulations and orders applicable to fire prevention and fire safety under Chapter 46, Fire Prevention. The Fire Marshal for the Town of Webster shall also act as the Fire Marshal for the Village.
(c)
Joint responsibilities on Uniform Code. The Building Inspector
and the Fire Marshal shall jointly administer and enforce those provisions
of the Uniform Code dealing with building construction related to
fire prevention and fire safety.
(12)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B.
The Code Enforcement Officer shall be appointed by the Village Board
of Trustees, as a Building Inspector, or any such title created in
the future, subject to the provisions of the New York State Civil
Service Law. The Code Enforcement Officer shall possess background
experience related to building construction or fire prevention and
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 Eforcement personnel,
and the Code Enforcement Officer shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, another individual shall be appointed by the
Village Board of Trustees, subject to the provisions of New York State
Civil Service Law, to serve as Acting Code Enforcement Officer. The
Acting Code Enforcement Officer shall, during the term of their appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this article.
D.
One or more inspectors may be appointed by the Village Board of Trustees,
subject to the provisions of New York State Civil Service Law, 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 article. 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 Department of State pursuant to the Executive
Law and the regulations promulgated thereunder. Notwithstanding the
above, the Village Board of Trustees shall appoint the Town Fire Marshal
as an inspector who shall report to the Superintendent of Public Works
for all matters within the Village.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Village Board of Trustees
of this Village.
The Building Inspector may request and shall receive, so far
as may be necessary in the discharge of the Building Inspector's
duties, the assistance and cooperation of all other municipal officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
A.
The provisions of the Uniform Code relating to maintenance, housekeeping
and behavior regulations so as to protect life and property against
the hazards of fire, explosion and the release of toxic gases arising
from the storage, handling or use of combustible or hazardous substances,
materials or devices shall apply equally to new and existing buildings
and conditions.
B.
The Building Inspector and/or Fire Marshal, as may be appropriate,
shall have the authority to permit the continuance of existing conditions
not in strict compliance with the terms of this article where the
exceptions do not constitute a distinct hazard to life or property.
A.
Whenever the Building Inspector or Fire Marshal shall disapprove
an application or refuse to grant a permit applied for or when it
is claimed that the provisions of the Uniform Code do not apply or
that the intent and meaning of this article have been misconstrued
or misinterpreted, the person affected may appeal from the decision
of the Building Inspector or Fire Marshal to the State Fire Prevention
and Building Code Council of the New York State Executive Law.
B.
The procedures set forth herein for appeals shall not prohibit the
Building Inspector or Fire Marshal from immediately removing a hazard
or ordering the immediate closing of a building or premises until
a violation of this article has been corrected when such hazard or
the existence of such violation constitutes a distinct hazard to life
or public safety.
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 in in accordance with the New York State Fire Code. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Village.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction of temporary sets and scenery associated with motion-picture,
television, and theater uses;
(2)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3)
Installation of partitions or movable cases less than five feet nine
inches in height;
(4)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(5)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(6)
Repairs, provided that the work does not have an impact on fire and
life safety, such as i) any part of the structural system; ii) the
required means of egress; or iii) the fire-protection system or the
removal from service of any part of the 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 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 location, nature, extent, and scope of the proposed
work;
(2)
The Tax Map number and the street address of any affected building
or structure;
(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 i) describe the location, nature, extent, and scope of the proposed
work; ii) show that the proposed work will conform to the applicable
provisions of the Codes; iii) show the location, construction, size,
and character of all portions of the means of egress; iv) show a representation
of the building thermal envelope; v) show structural information including
but not limited to braced wall designs, the size, section, and relative
locations of structural members, design loads, and other pertinent
structural information; vi) show the proposed structural, electrical,
plumbing, mechanical, fire-protection, and other service systems of
the building; vii) include a written statement indicating compliance
with the Energy Code; viii) include a site plan, drawn to scale and
drawn in accordance with an accurate boundary survey, showing the
size and location of new construction and existing structures and
appurtenances on the site, distances from lot lines, the established
street grades and the proposed finished grades, and, as applicable,
flood hazard areas, floodways, and design flood elevations; and ix)
evidence that the documents were prepared by a licensed and registered
architect in accordance with Article 147 of the New York State Education
Law or a licensed and registered professional engineer in accordance
with Article 145 of the New York State Education Law and practice
guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
E.
The aforementioned requirements of this section may be waived by
the Code Enforcement Officer where it appears that strict application
of this section would create an undue hardship and where it further
appears that the strict application of this section would not result
in a violation by the applicant of any of the other sections of this
article or of any other local law, rule or regulation.
F.
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, or in the case of electronic media, an electronic marking. 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 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.
G.
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. All permits issued shall include
a list of required inspections.
H.
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.
I.
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.
J.
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.
K.
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 1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and 2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
A.
The Building Inspector and/or Fire Marshal, as may be appropriate,
shall review or cause to be reviewed applications for permits, together
with the plans, specifications and documents filed therewith.
B.
Upon the payment of the required fee and upon satisfactory proof
being given that the applicant is in compliance with the applicable
provisions, rules and regulations of this article, a permit may be
issued by and bear the name and signature of the Building Inspector
or Fire Marshal, as may be appropriate.
C.
Any permit granted hereunder shall be limited only to the activity
authorized on said permit, and its continued validity shall be subject
to the conditions set forth in said permit.
D.
Any permit granted hereunder shall not be transferable except when
transfer is approved by the appropriate official, and any change in
the activity, size, extent or type of operation, location, ownership,
or use shall require a new permit.
E.
Permits shall continue until revoked as provided for herein or for
a period of time designated at the time of issuance. An extension
of the permit time period may be granted, provided that satisfactory
justification can be shown for failure to start or complete the work
or activity authorized within the required time period.
F.
Any application for or acceptance of any permit issued or requested
pursuant to this article constitutes agreement and consent by the
person making application or accepting the permit to allow the Building
Inspector and/or Fire Marshal to enter upon the premises at any and/or
during reasonable/normal working hours to conduct inspections as required
by this article. Refusal to allow the Building Inspector or Fire Marshal
to conduct said inspections of the premises and their records related
to such permit or required to be maintained by this article shall
constitute sufficient justification for the summary and immediate
revocation or suspension of said permit. In addition, should the Building
Inspector or Fire Marshal deem it necessary, either may make an application
to any court of competent jurisdiction to obtain a warrant authorizing
an inspection of the premises in question.
G.
Consolidated permits. When more than one permit is required by the
Fire Marshal for the same property or premises, a single permit may
be issued listing all materials or operations covered. Revocation
or suspension as set forth herein of a portion or portions of such
consolidated permit for specific hazardous materials or operations
may, at the sole discretion of the Fire Marshal, be sufficient cause
to revoke or suspend the other permitted activities.
Any approval issued by any Village official under this article, any zoning variance, any subdivision approval granted under Chapter 137, Subdivision of Land, and any other permit of any kind which is approved under this article shall expire if the construction or use permitted by such approval, variance or permit is not begun within six months after the granting of the approval, variance or permit. The recipient of any such approval, permit or variance may apply to the board or official who issued the approval, permit or variance for an extension of up to six months in which to begin construction. This section shall apply to all permits, approvals and variances granted before the effective date of this article or hereafter.
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 A of this section is ready for inspection.
Notification to the Code Enforcement Officer shall not be less than
48 hours prior to the requested inspection time. Failure to request
a required inspection shall be cause for rejection of the work or
an order to expose the work for inspection.
A.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, 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)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(a)
Inspections of the installation of any solid-fuel-burning heating
appliances and associated chimneys and flues shall be conducted by
the Fire Marshal. No person shall use or permit the use of any solid-fuel-burning
appliance, chimney or flue which has been installed, constructed,
reconstructed, repaired or altered or which has been subjected to
a chimney fire unless and until said appliance, chimney or flue has
been inspected by the Fire Marshal and a certificate of compliance
issued by the Fire Marshal. Failure to comply with these provisions
is a violation of this article and is grounds for ordering that the
premises be vacated;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factory-manufactured
buildings and manufactured homes;
(11)
Any other inspection required to ensure compliance with the
New York State Uniform Fire Prevention and Building Code (the Uniform
Code), the State Energy Conservation Construction Code (the Energy
Code), or any local law; and
(12)
A final inspection after all work authorized by the building
permit has been completed.
B.
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination
concerning the work, then an in-person inspection shall be performed.
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 the manner in which the work fails to comply with
the Uniform Code or Energy Code, including a citation to the specific
code provision or provisions that have not been met. 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.
D.
Upon written complaint of any person, duly affirmed under penalty
of perjury, alleging a violation of this article or of the Uniform
Code, the Code Enforcement Officer shall investigate the complaint
and make written report to the complainant, the owner of the property,
the Mayor, and the Village Board.
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; or
(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.
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, and 4) if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
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 registered mail or 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
registered mail or certified mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the stop-work order. The stop-work order shall bear the
signature of the Code Enforcement Officer and shall be prominently
posted at the work site.
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, or assisting in the work shall immediately
cease all work which is the subject of the stop-work order, other
than work expressly authorized by the Code Enforcement Officer to
correct the reason for issuing 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 § 30-19 of this article 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.
Fire safety inspections shall be conducted on a regular schedule
by the Fire Marshal. All areas of public assembly shall be inspected
at least once each year. Multiple dwellings and all nonresidential
occupancies shall be inspected at least once every two years. Dwellings
shall be inspected only upon bona fide complaints or upon the request
of the owner or occupant.
B.
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 article,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. Should entrance
to inspect be refused or permission to enter be unable to be obtained,
application may be made for a warrant to make such inspection to any
court of competent jurisdiction.
C.
The process for responding to a complaint shall include such of the
following steps as the Code Enforcement Officer may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection.
(2)
If a violation is found to exist, providing the owner of the 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 § 30-19 of this article.
(a)
Notices of violation shall be in writing, shall identify the
property or premises, shall specify the violation and remedial action
to be taken, and shall provide a reasonable time limit for compliance.
(b)
Notices of violation may be served by personal service, by mailing
by registered or certified mail, by posting a copy thereof in a conspicuous
place on the premises and by mailing a copy thereof to the premises
on the same day as posted, enclosed in a postpaid wrapper addressed
to the person responsible.
(c)
In case the owner, lessor, occupant, or the agent of any of
them shall fail, neglect, or refuse to remove, eliminate, or abate
the violation within the time specified in the notices of violation,
an appearance ticket will be issued by the Code Enforcement Officer
or inspector.
(3)
If appropriate, issuing a stop-work order.
D.
If a violation was found to exist that is abated or corrected, the
Code Enforcement Officer shall perform an inspection to ensure that
the violation has been abated or corrected, and shall prepare a final
written report reflecting such abatement or correction, which report
shall be filed with the complaint.
A.
A certificate of occupancy or certificate of compliance 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 or certificate of compliance.
B.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance 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,
that 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 or certificate
of compliance. 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 or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications, where applicable;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory-manufactured
buildings and/or manufactured homes.
C.
A certificate of occupancy or certificate of compliance 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/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance 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 Building Inspector issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
D.
The Code Enforcement Officer shall be permitted to issue a temporary
certificate of occupancy 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 of occupancy
unless the Code Enforcement Officer determines 1) that the building
or structure, or the portion thereof covered by the temporary certificate
of occupancy, may be occupied safely, 2) that any required fire and
life safety components, such as fire-protection equipment and fire,
smoke, carbon monoxide, and heat detectors and alarms are installed
and operational, and 3) that all required means of egress from the
structure have been provided. The Code Enforcement Officer may include
in a temporary certificate of occupancy such terms and conditions
as he or she deems necessary or appropriate to ensure the health and
safety of the persons occupying and using the building or structure
and/or performing further construction work in the building or structure.
A temporary certificate of occupancy 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
of occupancy. During the specified period of effectiveness of the
temporary certificate of occupancy, 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.
Certificates of occupancy for multiple-family dwellings or commercial
or industrial buildings.
(1)
A certificate of occupancy for a multiple-family dwelling or a commercial
or industrial building shall expire upon the first to occur of the
following:
(a)
Change in use;
(b)
Sale or transfer of title, other than a sale or transfer that
is:
[1]
A transfer of a fee simple interest to a person or persons who
held a fee simple interest in the real property (whether as a joint
tenant, a tenant in common or otherwise) immediately before the transfer;
or
[2]
A transfer is to a person or persons related by blood, marriage
or adoption to the transferor or to one or more of the transferors
or to a person or entity where 50% or more of the beneficial interest
in such real property after the transfer is held by the transferor
or such related person or persons (as in the case of a transfer to
a trustee for the benefit of a minor or the transfer to a trust for
the benefit of the transferor); or
[3]
A transfer to a trustee in bankruptcy, a receiver, assignee,
or other officer of a court.
(c)
Reoccupying a building or portion thereof after it has remained
vacant or unoccupied for a period of 200 days;
(2)
Inspections and issuance of renewal certificates of occupancy for
a multiple-family dwelling or a commercial or industrial building
shall be governed by the standards described in the Property Maintenance
Code of New York State.
F.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, Certification
of Compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect 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.
G.
Certificates of completion. A certificate of completion may be issued
by the Village, following the request of a property owner and inspection
by the Code Enforcement Officer, to certify that work was completed
on or for a building or structure, but not necessarily completed in
compliance with approved construction documents or the Uniform Code
or Energy Code.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Fire
Marshal, Deputy Fire Marshal, or if not available, the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
A.
Purpose. Unsafe buildings pose a threat to the health and safety
of the residents of the Village of Webster. Buildings may become unsafe
by reason of fire, damage caused by other elements, age and/or general
deterioration. Vacant buildings that are not properly secured serve
as attractive nuisances for young children and provide a place for
older children and transients to congregate unsupervised. A dilapidated
building may also serve as a place of rodent or other infestation,
creating a health menace to the community. The outdoor storage, accumulation,
deposit, or placement of abandoned, junked, discarded, wholly or partially
dismantled or unlicensed or unregistered motor vehicles, rubbish,
debris, solid waste, appliances, machinery or equipment of any kind,
or garbage upon private property likewise threatens the health, safety
and welfare of the residents of the Village of Webster. It is the
purpose of this section to promote the public health, safety, and
general welfare of the residents of the Village of Webster by providing
for a procedure and process to deal with unsafe buildings by requiring
that they be either repaired or demolished and removed and to deal
with unsafe property by requiring that accumulated debris, junked
motor vehicles, appliances, machinery, garbage and solid waste be
removed.
B.
APPLIANCE
BUILDING
DEBRIS
EQUIPMENT
GARBAGE
JUNKED MOTOR VEHICLE
MACHINERY
SOLID WASTE
UNSAFE BUILDINGS AND STRUCTURES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
UNSAFE PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any device or piece of equipment designed for a
specific, normally domestic, task. Examples include, but are not limited
to, outdoor grills, stoves, washing machines, dryers, dishwashers,
refrigerators, freezers, cooktops and wood burning stoves.
Includes any building, structure or portion thereof used
for residential, business, agricultural, industrial, or other use.
Includes all materials resulting from the construction, excavation,
renovation, equipping, remodeling, repair or demolition of structures,
property or roads, as well as materials consisting of vegetation resulting
from land clearing and grubbing, utility line maintenance and seasonal
storm-related cleanup. Such materials shall include, but not be limited
to, bricks, concrete and other masonry material, soil, rock, wood,
wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation,
roofing shingles, asphalt pavement, glass, window frames, electrical
wiring and components, plastics, carpeting, foam padding, linoleum
or vinyl flooring, metals or combinations thereof which are incidental
to construction, excavation, renovation, equipping, remodeling, repair
or demolition. Notwithstanding the foregoing, materials that are being
used on the owner's premises for an ongoing improvement for which
a building permit is in effect shall not be deemed to be "debris,"
provided that, if stored outside, they are covered by tarps or the
equivalent to protect the materials from the weather.
Includes a tangible item that is functionally complete for
its intended purpose. Examples include, but are not limited to, hand
tools, electronics, furniture and tool boxes.
Includes all putrescible animal and vegetable waste resulting
from the growing, processing, marketing, and preparation of food items,
including containers in which packaged, and animal feces from household
pets.
Includes a motor vehicle which is wrecked, abandoned, dismantled
or partially dismantled and which is in such a deteriorated condition
that it cannot be legally operated upon the public highways without
substantial repairs. With respect to any motor vehicle not required
to be licensed or motor vehicles not usually used on public highways,
the fact that such motor vehicle has remained unused for six months
or more and is not in condition to be moved under its own power shall
be presumptive evidence that such motor vehicle is a junked motor
vehicle.
Includes any mechanical device used to perform a function
that is not a motor vehicle. Examples include, but are not limited
to, lawn mowers, snowblowers, plows, tractors, and implements.
Includes all putrescible and nonputrescible materials and
substances discarded or rejected as having served their original intended
use or as being spent, useless, worthless or in excess to the owner
at the time of such discard or rejection, including but not limited
to household and commercial garbage, industrial waste, rubbish, debris,
litter and ashes.
Buildings or other structures which have any of the following
defects:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of nonsupporting, enclosing or outside
walls or covering.
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind, snow load or other
causes so as to have become dangerous to the life, safety and general
welfare of the residents of the Village of Webster.
Those which have become or are so dilapidated, decayed, unsafe
or unsanitary that they are unfit for occupation by humans or animals
or for use for storage.
Those buildings intended or used for human occupation that are
inadequate to protect the health, safety and general welfare of human
residents living therein.
Those buildings that lack adequate facilities for ingress and
egress in case of fire or other emergency or those having insufficient
stairways, elevators, fire escapes or other means of escape.
Those which have parts thereof which are so attached that they
may fall and injure persons on the property or members of the general
public or cause damage to other property.
Those buildings and structures which violate the provisions
of the New York State Uniform Fire Prevention and Building Code, the
Zoning Law of the Village of Webster, the Property Maintenance Code
of New York State, the Building Code of New York State, the Fire Code
of New York State, the Residential Code of New York State, the Plumbing
Code of New York State, the Mechanical Code of New York State, the
Energy Code of New York State and any other applicable laws of the
State of New York, County of Monroe or Village of Webster.
Any building which remains vacant and unattended continuously
for a period of one year or longer, without adequate safeguards to
prevent unauthorized entry.
This Code provision shall be applicable to all properties in
the Village of Webster, whether existing at the time of the adoption
of this provision or constructed thereafter.
Includes a property upon which debris, garbage, junked motor
vehicles, machinery, appliances, rubbish and/or solid waste have been
allowed to accumulate to the extent that their presence constitutes
a hazard to public health by creating a hazardous condition for those
persons entering onto the property, whether by invitation or in response
to emergency calls, provides a habitat for rats and other undesirable
animals or creates an eyesore to the community.
C.
Notification of unsafe condition; demolition or reconstruction.
(1)
When a building has been damaged by a fire or explosion, it shall
be the obligation of the owner to notify the Code Enforcement Official
of such occurrence within 72 hours after such occurrence. Notwithstanding
this notification requirement, if the Code Enforcement Official has
already been notified of the damage, this notice provision shall be
waived.
(2)
If fire, explosion or other natural disaster or general neglect shall render the building so damaged as to be incapable of being occupied or used in accordance with the New York State Uniform Fire Prevention and Building Code and/or Chapter 175, Zoning, of the Code of the Village of Webster, the owner of such building shall also, within 72 hours after such occurrence or, in the case of a building that has become deteriorated by general neglect, within 72 hours after being notified by the Code Enforcement Official of the deterioration of the building into an unsafe condition, seal said building against access by unauthorized persons and shall clear the site of debris incident to the occurrence within two weeks after the occurrence.
(3)
Within 60 days after an occurrence as set forth in Subsection C(2) above, the owner shall notify the Code Enforcement Official in writing of his or her intent to either demolish the building and not rebuild or to rebuild the building. The owner shall have the right to request a sixty-day extension if the delay is caused by circumstances beyond his control, including but not limited to delay in settlement with his insurance company.
(4)
If the owner notifies the Code Enforcement Official of his intent
to demolish the building and not rebuild, the owner must commence
demolition within 30 days thereafter and demolition must be completed,
and all debris removed within 30 days thereafter (60 days after notice
of election to demolish).
(5)
If the owner notifies the Code Enforcement Official of his intent
to rebuild or reconstruct the building, application for a building
permit must be obtained within 60 days after notice of election to
rebuild. The owner shall have a total of six months to complete the
rebuilding or reconstruction of the building but shall have the right
to request an extension if necessary to finish the reconstruction;
provided, however, that during such period the building must remain
secured as to not present a hazard to the public. The Code Enforcement
Official shall grant an extension if it appears that rebuilding or
reconstruction is continuing and that during such rebuilding or reconstruction
the building is secured so as not to create a hazard to the public.
Any extension granted by the Code Enforcement Official shall not extend
beyond one year following the election to rebuild unless the consent
of the Village Board to a further extension is granted.
D.
Investigation and report.
(1)
Upon receipt of a report filed with the Code Enforcement Official in accordance with Subsection C above or when, in the opinion of the Code Enforcement Official or upon receipt of information from another source that a building or structure is or may be an unsafe building as defined in Subsection B hereof, the Code Enforcement Official shall cause or make an inspection of the same and report, in writing, to the Village Board of his findings and any recommendations in regard to the unsafe building or structure, its repair or demolition and removal. The Code Enforcement Official shall be required to identify himself to any reputed owner or occupant thereof. If in the opinion of the Code Enforcement Official an interior inspection is warranted, the Code Enforcement Official shall have the authority to obtain an administrative search warrant.
(2)
Upon receipt of a complaint from a person indicating that a property
may have been rendered an unsafe property due to the accumulation
of debris, junked cars, appliances, machinery, equipment, rubbish
and/or solid waste on a property or upon personal observation by the
Code Enforcement Official, the Code Enforcement Official shall be
required to identify himself to any reputed owner or occupant thereof.
If, following an inspection, the Code Enforcement Official believes
that the property is in violation, the Code Enforcement Official shall
serve or caused to be served notice, in person or by certified mail,
upon the owner or owner's agent and upon the occupant or lessee
of the property, if applicable. Said notice shall specify the name
of the owner, the address of the property where the violation exists,
the SBL number of the property, and a statement of the conditions
that exist on the property that make the property in violation of
this section and shall demand that the items which have resulted in
the violation be removed within 10 days following receipt of written
notice of violation. The Code Enforcement Official shall inspect the
property 10 days after the giving of written notice, as provided above,
and if violations have been corrected, the matter shall be deemed
closed. If the violations have not been corrected, the Code Enforcement
Official shall file a report to the Village Board.
E.
Village Board order. The Village Board shall review the report submitted
by the Code Enforcement Official and by resolution determine if, in
its opinion, based solely upon the report, it is indicated that the
building is an unsafe building or that the property is an unsafe property,
as defined herein, and, if it so finds, order that a hearing be held
before the Village Board to determine whether the building is an unsafe
building or the property is an unsafe property, as defined herein,
with notice to the owner of the building or property.
F.
Contents of notice; noncompliance.
(1)
The notice shall contain the following:
(a)
A description of the premises, including tax account number
and street address.
(b)
A statement of the particulars in which the building or property
is unsafe or dangerous.
(c)
An order outlining the manner in which the building is to be
made safe and secure, or demolished and removed, or the manner in
which the property is to be rendered safe.
(d)
A statement that the securing or removal of such building or
the removal of the debris, junked motor vehicles, rubbish, machinery,
appliances, equipment, and/or solid waste shall commence within 30
days following a further decision of the Village Board rendered following
the hearing specified hereafter and shall be completed within 60 days
thereafter, unless for good cause shown the Village Board shall extend
such time.
(e)
A date, time, and place for a hearing set by the Village Board
before the Village Board in relation to such dangerous or unsafe building,
or unsafe property which hearing shall be scheduled not less than
15 business days from the date of service of the notice.
(2)
The notice shall further state that, in the event of the refusal or neglect of the person so notified to comply with the order of the Village Board following the hearing, the Village Board may provide for the repairing and securing or demolition and removal of such building or the removal of the debris, junked motor vehicles, appliances, machinery, equipment, rubbish and/or solid waste either by Village employees or by contract and that the expenses of such repairing and securing or demolition and removal will be assessed back against the owner in accordance with Subsection L of this section.
(3)
As an alternative, the Village Board may, in its discretion, elect
to direct the Code Enforcement Official to apply to the Supreme Court
of the State of New York for an order directing that the building
be repaired and secured or demolished and removed or that the property
be cleaned up.
G.
Service of notice. Said notice shall be served personally upon the
owner as shown by the records of the Town of Webster Assessor or the
Monroe County Clerk's office. In the event that the reputed owner
is deceased, service shall be made upon the owner's executors,
legal representatives, agents, lessees, heirs or distributees, as
determined after review of Surrogate Court or other relevant records.
If no such person can be reasonably found, such notice shall be served
by mailing, both by regular and certified mail, addressed to the last
known address, if any, of the owner or the owner's executors,
legal representatives, agents, lessees, heirs or distributees. If
such notice is served by regular and certified mail, a copy of such
notice shall be posted on the premises.
H.
Filing of notices. A copy of the notice served as provided herein
shall be filed in the Monroe County Clerk's office in the same
manner as provided for in the case of a notice of pendency pursuant
to Article 65 of the Civil Practice Law and Rules of the State of
New York and shall have the same effect as the filing of a notice
of pendency as provided therein. A notice so filed shall be effective
for a period of one year from the date of filing; provided, however,
that it may be vacated upon an order of a judge or justice of a court
of record or upon the consent of the attorney for the Village. The
County Clerk shall mark such notice and record or docket thereof as
canceled of record upon the presentation and filing of such consent
or a certified copy of such order. In addition, a copy of said notice
shall be filed in the office of the Webster Village Clerk.
I.
Hearing, determination, and order.
(1)
At the time and place specified in the notice issued pursuant to Subsection F of this section, the Village Board shall conduct a hearing to review the report prepared by the Code Enforcement Official, the testimony of the Code Enforcement Official and such other evidence as the owner or Code Enforcement Official shall introduce having relevance to the proceedings. At such hearing, the owner, his executor, legal representative, agent, lessees, heirs, or distributees shall be entitled to introduce evidence to rebut the report submitted by the Code Enforcement Official and his testimony, including but not limited to the owner's own testimony, photographic evidence, reports of licensed building inspectors and other relevant evidence. In addition, the owner shall have the right to request the Village Board to personally visit the building and/or the property.
(2)
At the close of the hearing, the Village Board shall by resolution
affirm, modify, or rescind its initial decision and order. If the
initial order is affirmed or affirmed with modification, the Village
Board shall issue an order directing that the owner shall, within
30 days following the service upon the owner of the Village Board's
order following the hearing, commence with the repairing and securing
of the building or the demolition and removal of the building in accordance
with the order of the Village Board or in the case of an unsafe property
that the owner shall remove and dispose of the items that have rendered
the property unsafe and that such repairing and securing or demolition
and removal shall be completed within 60 days thereafter.
J.
Repair or demolition by Village.
(1)
If the owner shall fail to commence repairing and securing or demolishing and removing the building or cleaning up of the property within 30 days following service upon the owner of the order of the Village Board following the hearing or fails to complete said repairing and securing or demolition and removal or cleaning up of the property within 60 days thereafter, the Village Board may provide for the repairing and securing of the building or the demolition and removal of the building or cleaning up of the property by Village employees or by contract and that said expenses be assessed back against the owner in accordance with Subsection L hereof. Except in the case of an emergency as provided in Subsection K hereof, any contract for the repairing and securing or the demolition and removal of a building in excess of the monetary limits established in § 103 of the General Municipal Law shall be awarded by the Village Board through competitive bidding.
(2)
As an alternative, the Village Board may, in its discretion, elect
to direct the Code Enforcement Official to apply to the Supreme Court
of the State of New York for an order directing that the building
be repaired and secured or demolished and removed or that the property
be cleaned up and the items that render it unsafe be removed and disposed
of properly.
K.
Emergency actions. Where the Village Board determines that there is a clear and imminent danger to the life, safety or health of persons and/or property unless an unsafe building is immediately repaired and secured or demolished and removed or unless an unsafe property is immediately cleaned up with items rendering it unsafe removed, the Village Board may by resolution authorize the Code Enforcement Official to immediately cause the repair or demolition of such unsafe building and/or the cleaning up of the property and removal of the items that rendered the property unsafe. The expenses of any repair and securing or demolition and removal shall be a charge against the real property upon which such unsafe building is located and shall be assessed, levied, and collected as provided for in Subsection L hereof.
L.
Assessment and collection of Village's expenses. All expenses
incurred by the Village in connection with proceedings to compel the
repair and securing or demolition and removal of an unsafe building
and any cost of the actual repair and securing or demolition and removal
and the cost of cleaning up an unsafe property and removal of all
items that have caused the property to become unsafe shall be assessed
upon the real property upon which such unsafe building or the unsafe
property is located and shall be levied and collected in the same
manner as provided for in Article 5 of the Village Law for the levy
and collection of special ad valorem assessments.
A.
Orders to remedy.
(1)
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 article. An order to remedy shall be in writing;
shall be dated and signed by the Code Enforcement Officer; shall specify
the condition or activity that violates the Uniform Code, the Energy
Code, or this article; shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this article which is/are violated
by the specified condition or activity; and shall include a statement
substantially similar to the following: "The person or entity served
with this order to remedy must completely remedy each violation described
in this order to remedy by [specify date], which is 30 days after
the date of this order to remedy."
(2)
The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this article or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the order to
remedy, 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 registered
mail or certified mail within five days after the date of the order
to remedy; 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 or this article as described in Chapter 5 of this Code.
C.
Penalties. In addition to such other penalties as may be prescribed
by state law, any person who violates any provision of this article
or any term, condition, or provision of any building permit, certificate
of occupancy, certificate of compliance, temporary certificate, stop-work
order, operating permit or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this article shall
be punishable by a fine of not more than $250 per day of violation
or imprisonment not exceeding 15 days, or both.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, 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 article,
or any term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
article. 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 article, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this article, an action or proceeding may be commenced
in the name of this Village, 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 Board of Trustees of this Village.
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 § 30-14 (Stop-work orders) of this article, in any other section of this article, 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 § 30-14 (Stop-work orders) of this article, in any other section of this article, 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 § 382 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 § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board
of Trustees of this Village. 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, certificates of compliance, certificate
of completion, temporary certificates, operating permits, fire safety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this article.
Fees associated with the work of the Fire Marshal shall be charged
and collected based upon the schedule of fees adopted by the Webster
Town Board from time to time.
A.
The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
B.
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
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, certificates of
compliance, 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;
(8)
All fees charged and collected; and
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 monthly submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 30-22 of this article 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 Village, on a form prescribed by the Secretary
of State a report of the activities of this Village 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, true and complete copies of the records and related materials
this Village is required to maintain; true and complete copies of
such portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
This article shall not be construed to hold any Code Enforcement
Officer of the Village of Webster, or inspector, or the Village of
Webster responsible for any damages to persons or property by reason
of the inspection or reinspection authorized herein or failure to
inspect or reinspect as required by any permits under this article,
nor shall the Code Enforcement Officer or the Village be liable for
any damage to persons or property by reason of the Building Inspector's
and/or Fire Marshal's exercising their discretion as provided
in this article.
In the event that the provisions of this article shall be in
conflict with any other law, rule or regulation, the more stringent
provision shall govern.
