[HISTORY: Adopted by the Town Board of the
Town of Pleasant Valley 8-15-2001 by L.L. No. 9-2001; amended in its entirety 4-9-2008 by L.L. No. 3-2008.
Subsequent amendments noted where applicable.]
This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town. This chapter is
adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, other state law,
or other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The Building Inspector appointed pursuant to § 39-3 of this chapter.
A permit issued pursuant to § 39-9 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 39-16B of this chapter.
The Zoning Administrator, Building Inspector and all inspectors.
Includes the Zoning Administrator, Building Inspector and
all inspectors.
An order issued by the Zoning Administrator pursuant to § 39-19A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 39-3 of this chapter.
A permit issued pursuant to Chapter 48, Fire Prevention, of the Code of the Town of Pleasant Valley. The term "operating permit" shall also include an operating permit which is renewed, amended or extended.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
An order issued pursuant to § 39-14 of this chapter.
A certificate issued pursuant to § 39-16D of this chapter.
The Town of Pleasant Valley.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Uniform Code shall be determined to include the New York State
Building Code, Fire Code, Residential Code, Property Maintenance Code,
Mechanical Code, Plumbing Code and Fuel Gas Code.
The Zoning Administrator appointed pursuant to § 39-3 of this chapter.
A.
The Town Board may appoint a Building Inspector and
a Zoning Administrator and one or more deputies as the need may appear.
Their compensation shall be fixed by the Town Board.
B.
The Zoning Administrator 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 enforcement personnel.
C.
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter, Chapter 48, Fire Prevention, and Chapter 98, Zoning.
D.
One or more Deputy Zoning Administrators, Deputy Building Inspectors, or Fire Inspectors may be appointed by the Town Board to act under the supervision and direction of the Zoning Administrator and to assist the Zoning Administrator in the exercise of the powers and fulfillment of the duties conferred upon the Zoning Administrator by this chapter, Chapter 48, Fire Prevention, and Chapter 98, Zoning. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
A.
The Building Inspector shall review applications and
recommend the issuance or denial of building permits or demolition
permits by the Zoning Administrator for the erection, alteration,
repair, removal or demolition of buildings or structures or parts
thereof and shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of ensuring compliance with laws, ordinances and regulations governing
such building construction.
B.
The Zoning Administrator, with the assistance of the
Building Inspector and inspectors, shall administer and enforce all
the provisions of the Uniform Code, the Energy Code and this chapter.
The Zoning Administrator 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 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, temporary
certificates and operating permits, and to include in building permits,
certificates of occupancy/certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Zoning Administrator
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy, certificates
of compliance, temporary certificates and operating permits, firesafety
and property maintenance inspections, inspections incidental to the
investigation of complaints, and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter;
(11)
To exercise all other powers and fulfill all other duties conferred upon the Zoning Administrator by this chapter and Chapter 48, Fire Prevention; and
(12)
Whenever necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances or regulations
covering building construction, to require the performance of tests
in the field by experienced professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies.
A.
The Zoning Administrator shall keep permanent official
records of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy, temporary
certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All other features and activities specified in or contemplated by this chapter and Chapter 48, Fire Prevention; and
(9)
All fees charged and collected.
B.
All such records shall be public records open for
public inspection during normal business hours. All plans and records
pertaining to buildings or structures, or appurtenances thereto, shall
be retained for at least the minimum time period so required by state
law and regulation.
A.
The Zoning Administrator shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Zoning Administrator and the inspectors, including a report and summary of all transactions and activities described in § 39-5, Records and reports, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Zoning Administrator shall annually submit to
the Secretary of State, on behalf of this Town, on a form prescribed
by the Secretary of State, a report of the activities of this Town
relative to administration and enforcement of the Uniform Code.
C.
The Zoning Administrator shall, upon request of the
New York State Department of State, provide to the New York State
Department of State, from the records and related materials this Town
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Town
in connection with administration and enforcement of the Uniform Code.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his/her duties,
the assistance and cooperation of law enforcement officials, Fire
Department and all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein and shall cooperate with and assist the Zoning
Administrator in the performance of his/her duties.
The Zoning Administrator, Building Inspector
or inspector, upon showing of the proper credentials and in the discharge
of his/her duties, may enter upon any building, structure or premises
at any reasonable hour, and no person shall interfere with or prevent
such entry.
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, conversion, change in use, 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 any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Zoning Administrator.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(2)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches
and are installed entirely above ground;
(3)
Construction of retaining walls, unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(4)
Installation of window awnings supported by a stationary
exterior wall of a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(5)
Installation of partitions or movable cases less than
five feet nine inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(7)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(8)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(9)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall,
partition, or portion thereof, or of any structural beam or load-bearing
component;
(b)
The removal or change of any required means of egress;
or the rearrangement of parts of a structure in a manner which affects
egress;
(c)
The enlargement, alteration, replacement or relocation
of any building system; or
(d)
The removal from service of all or part of a fire
protection system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
A.
Applications for building permits. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the Zoning Administrator. The application
shall be signed by the owner of the property where the work is to
be performed or by an authorized agent of the owner. The application
shall include such information as the Zoning Administrator deems sufficient
to permit a determination by the Zoning Administrator 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 land on which the proposed work
is to be done, together with a survey if required by the Building
Inspector.
(2)
A statement of the existing use of all parts of the
land and of the buildings and structures thereon.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the
applicant, proof of ownership and the names and addresses of their
responsible officers if any of them are corporations.
(5)
A brief description of the nature of the proposed
work and use.
(7)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations.
(8)
The actual shape, dimensions, radii, angles and area
of the lot.
(9)
The exact size and location on the lot of the building
or structure proposed or to be altered and other existing and proposed
buildings and structures on the same lot.
(10)
The dimensions of all yards in relation to the subject,
and the distances between the subject and other existing and proposed
buildings and structures on the same lot.
(11)
The location and design of proposed water supply and
sewage systems approved by the Dutchess County Department of Health.
(12)
A driveway permit from the Superintendent of Highways in accordance with Chapter 46 of this Code.
(13)
Proof of compliance with applicable workers' compensation
requirements.
(14)
The Tax Map number and the street address of the premises
where the work is to be performed.
(15)
The occupancy classification of any affected building
or structure.
(16)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code.
(17)
The Zoning Administrator may waive any of the above
requirements which are not applicable.
B.
Where such application is made by a person other than
the owner, it shall be accompanied by a statement of the owner or
applicant that the proposed work is authorized by the owner and that
the applicant is authorized to make such application.
C.
Each application for a building permit shall be accompanied
by at least two sets of construction documents (drawings and/or specifications),
including a plot plan showing the location and size of all proposed
new construction, the nature and character of the work to be performed
and the materials to be incorporated, distances from lot lines and,
where required by the Building Inspector, details of structural, mechanical
and electrical work, including computations, stress diagrams and other
essential technical data. Except for nonstructural repairs, at least
two sets of construction documents (drawings and/or specifications)
which: define the scope of the proposed work; are prepared by a New
York State registered architect or licensed professional engineer
where so required by the Education Law; indicate with sufficient clarity
and detail the nature and extent of the work proposed; substantiate
that the proposed work will comply with the Uniform Code and the Energy
Code; and, where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
(1)
Whenever the plans accompanying an application are
for a structure which, in the opinion of the Building Inspector, is
of complex design, the Building Inspector shall require the applicant
to file a statement, signed by a licensed architect or engineer, certifying
that the plans and specifications comply with the provisions of this
chapter in force on the date of the application. In such a case, the
Building Inspector may, in his/her discretion, employ a licensed architect
or engineer to examine the plans. In the event that the Building Inspector
employs a licensed architect or engineer under the provisions of this
subsection, the Building Inspector may rely upon the advice of such
architect or engineer as to whether such plans and specifications
comply with this chapter and the Building Code. All associated fees
for such professional advice shall be at the expense of the applicant.
(2)
Plans and specifications shall bear the signature
of the person responsible for the design of the drawings.
(3)
The Building Inspector may waive any of the above
requirements if deemed unnecessary.
D.
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 C of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Zoning Administrator in writing or by stamp. One set of the accepted construction documents shall be retained by the Zoning Administrator, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
E.
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Building
Inspector. Such amendments may also require approvals from other agencies.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and plans, specifications and
documents filed with the Zoning Administrator. He/she shall approve
or disapprove the application within a reasonable time and recommend
to the Zoning Administrator, in writing, the issuance or denial of
a building permit.
B.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, Town laws and ordinances, the Building Inspector shall
disapprove the same and shall recommend denial of the permit. In the
event that the permit is denied, the plans and specifications shall
be returned to the applicant. Upon request of the applicant, the Zoning
Administrator, in concurrence with the Building Inspector, shall cause
such disapproval, together with the reasons therefor, to be transmitted
to the applicant in writing.
A.
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.
B.
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances and regulations. All work
shall conform to the approved application, plans and specifications.
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 Zoning Administrator
of any change occurring during the course of the work. The building
permit shall contain such a directive. If the Zoning Administrator
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.
C.
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 Zoning Administrator.
The Zoning Administrator may revoke the building
permit or suspend the building permit issued in the following instances
until such time as the permit holder demonstrates that all work then
completed is in compliance with all applicable provisions of the Uniform
Code and the Energy Code and all work then proposed to be performed
shall be in compliance with all applicable provisions of the Uniform
Code and the Energy Code:
A.
Where there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
B.
Where the building permit was issued in error and
should not have been issued in accordance with the Uniformed Code,
the Energy Code, or other applicable law.
C.
Where the work performed under the building permit
is not being performed in accordance with the provisions of the approved
application, plans or specifications.
D.
Where the person to whom the building permit has been
issued fails or refuses to comply with a stop-work order.
A.
Authority to issue. The Code Enforcement Officer and/or
Zoning Administrator is authorized to issue stop-work orders pursuant
to this section. The Zoning Administrator 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
be in writing, be dated and signed by the Code Enforcement Officer,
state the reason or reasons for issuance, and, 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 certified
mail. The Code Enforcement Officer shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 39-19, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process 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)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
D.
Whenever there are reasonable grounds to believe that
any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
A.
Certificates of occupancy or certificates of compliance
required. 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.
B.
Issuance of certificates of occupancy or certificates
of compliance. The Zoning Administrator 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, 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 Zoning Administrator or an inspector authorized by the Zoning
Administrator shall inspect the building, structure or work prior
to the issuance of a certificate of occupancy. In addition, where
applicable, the following documents, prepared in accordance with the
provisions of the Uniform Code by such person or persons as may be
designated by or otherwise acceptable to the Zoning Administrator,
at the expense of the applicant for the certificate of occupancy,
shall be provided to the Zoning Administrator prior to the issuance
of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate
of occupancy shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable
to an entire structure, a description of that portion of the structure
for which the certificate of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the Zoning Administrator issuing
the certificate of occupancy and the date of issuance.
D.
Temporary certificate. The Zoning Administrator shall
be permitted to issue a temporary certificate allowing the temporary
occupancy of a building or structure, or a portion thereof, prior
to completion of the work which is the subject of a building permit.
However, in no event shall the Zoning Administrator issue a temporary
certificate unless the Zoning Administrator determines that the building
or structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, and
that all required means of egress from the building or structure have
been provided. The Zoning Administrator may include in a temporary
certificate such terms and conditions as he/she deems necessary or
appropriate to ensure safety or to further the purposes and intent
of the Uniform Code. A temporary certificate shall be effective for
a period of time, not to exceed 30 days, which shall be determined
by the Zoning Administrator and specified in the temporary certificate.
Such temporary certificate may be renewed for successive thirty-day
periods, not to exceed a total of 180 days. During the specified period
of effectiveness of the temporary certificate, the permit holder shall
undertake to bring the building or structure into full compliance
with all applicable provisions of the Uniform Code and the Energy
Code. The issuance of a temporary certificate shall not relieve the
obligation of the permit holder to renew the building permit that
would otherwise expire by its terms of the terms of this chapter.
E.
Revocation or suspension of certificates. If the Zoning
Administrator determines that a certificate of occupancy or a temporary
certificate was issued in error because of incorrect, inaccurate or
incomplete information, and if the relevant deficiencies are not corrected
to the satisfaction of the Zoning Administrator within such period
of time as shall be specified by the Zoning Administrator, the Zoning
Administrator shall revoke or suspend such certificate.
A.
Purpose. Unsafe buildings pose a threat to life and
property in the Town of Pleasant Valley (the "Town"). Buildings and
structures may become unsafe by reason of damage by fire, the elements,
age or general deterioration. Vacant buildings not properly secure
at doorways and windows also serve as an attractive nuisance for young
children who may be injured therein, as well as a point of congregation
by vagrants and transients. A dilapidated building may also serve
as a place of rodent infestation, thereby creating a health menace
to the community. It is the purpose of this section to provide for
the safety, health protection and general welfare of persons and property
in the Town by requiring that such unsafe buildings be repaired or
be demolished and removed.
B.
Investigation and report. When the Building Inspector,
in his/her own opinion, or upon receipt of information that a building
is or may become dangerous or unsafe to the general public; is open
at the doorways and windows, making it accessible to and an object
of attraction to minors under 18 years of age, as well as to vagrants
and other trespassers; is or may become a place of rodent infestation;
presents any other danger to the health, safety, morals and general
welfare of the public; or is unfit for the purposes for which it may
lawfully be used, he/she shall cause or make an inspection thereof
and report in writing to the Town Board of the Town of Pleasant Valley
his/her findings and recommendations in regard to its repair or its
demolition and removal.
C.
Town Board order. The Town Board shall thereafter
consider such report and by resolution determine, if in its opinion
the report so warrants, that such building is unsafe and dangerous
and order its repair if the same can be safely repaired or its demolition
and removal, and further order that a notice be served upon the persons
and in the manner provided herein.
D.
Notice; contents. The notice shall contain the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building
is unsafe or dangerous;
(3)
An order outlining the manner in which the building
is to be made safe and secure, or demolished and removed;
(4)
A statement that the securing or removal of such building
shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter, unless, for good cause shown,
such time shall be extended;
(5)
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing
shall be scheduled not less than five business days from the date
of service of the notice; and
(6)
A statement that, in the event of neglect or refusal
to comply with the order to secure or demolish and remove the building,
the Town Board is authorized to provide for its demolition and removal,
to assess all expenses thereof against the land on which it is located,
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
E.
Service of notice.
(1)
Said notice shall be served:
(a)
By personal service of a copy thereof upon the
owner, executor, administrator, agent, lessee, or any person having
a vested or contingent interest in such unsafe building as shown by
the records of the Town Tax Collector or of the County Clerk or, if
no such person can reasonably be found, by mailing such owner, by
registered mail, a copy of such notice, directed to his/her last known
address as shown by the above records; and
(b)
By personal service of a copy of such notice
upon any adult person residing in or occupying said premises if such
person can be reasonably found; and
(c)
By securely affixing a copy of such notice upon
the unsafe building.
(2)
A copy of the notice served as provided herein shall
be filed in the office of the County Clerk of the County of Dutchess.
F.
Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency as provided in Subsection H hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
G.
Assessment of expenses. All expenses incurred by the
Town in connection with the proceedings to repair and secure or demolish
and remove the unsafe building, including the cost of actually removing
such building, and all reasonable and necessary legal expenses incidental
thereto, shall, at the option of the Town Board, either:
(1)
Be assessed against the land on which such building
is located and shall be levied and collected in the same manner as
provided in Article 15 of the Town Law for the levy and collection
of a special ad valorem levy; or
(2)
Be collected by commencement of a special proceeding
against the owner of said unsafe or dangerous building or structure
pursuant to General Municipal Law § 78-b.
H.
Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Subsection G hereof.
I.
A demolition permit shall be required for the removal
of an unsafe building or structure or portion thereof.
J.
A building permit shall be required for the restoration
or replacement of an unsafe building or structure or portion thereof.
The Zoning Administrator or Code Enforcement
Officer shall review and investigate complaints which allege or assert
the existence of conditions or activities that fail to comply with
the Uniform Code, the Energy Code, this chapter, or any other local
law, ordinance or regulation adopted for administration and enforcement
of the Uniform Code or the Energy Code. The process for responding
to a complaint shall include such of the following steps as the Zoning
Administrator or 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 § 39-19, Enforcement; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
A.
Compliance orders. The Zoning Administrator or Code
Enforcement Officer are authorized to order, in writing, the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy
Code, or this chapter. Upon finding that any such condition or activity
exists, the Zoning Administrator or Code Enforcement Officer shall
issue a compliance order. The compliance order shall be in writing;
be dated and signed by the Zoning Administrator or Code Enforcement
Officer; specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter; specify the provision or provisions
of the Uniform Code, the Energy Code, or this chapter which is/are
violated by the specified condition or activity; specify the period
of time which the Zoning Administrator or Code Enforcement Officer
deems to be reasonably necessary for achieving compliance; direct
that compliance be achieved within the specified period of time; and
state that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property
personally or by certified mail. The Zoning Administrator or Code
Enforcement Officer shall be permitted, but not required, to cause
the compliance order, or a copy thereof, to be served on any builder,
architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by certified
mail; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Zoning Administrator and each
inspector are authorized to issue appearance tickets for any violation
of the Uniform Code, the Energy Code and this chapter.
C.
Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code or this chapter, or any term or condition of
any building permit, certificate of occupancy, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Zoning Administrator pursuant to any provision of this chapter,
shall be liable to a civil penalty of not more than $200 for each
day or part thereof during which such violation continues. The civil
penalties provided by this subsection shall be recoverable in an action
instituted in the name of this Town.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Town, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this chapter, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, operating permit,
compliance order, or other notice or order issued by the Zoning Administrator
pursuant to any provision of this chapter. In particular, but not
by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, this chapter, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this chapter, an action or proceeding may be commenced in the name
of this Town, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Town Board.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 39-14, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 39-14, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 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.
No building permit shall be issued until all relevant
costs and fees of the Town have been paid.
B.
A fee schedule shall be established by resolution
of the Town Board. Such fee schedule may thereafter be amended from
time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, temporary certificates, operating permits,
firesafety and property maintenance inspections, and other actions
of the Zoning Administrator described in or contemplated by this chapter.
C.
The fees for building permits shall be waived for
restoration or replacement of buildings destroyed by fire or acts
of God.
The Town Board of this Town may, by resolution,
authorize the Supervisor to enter into an agreement, in the name of
the Town of Pleasant Valley, with other governments to carry out the
terms of this chapter, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
