[HISTORY: Adopted by the Town Board of the Town of Brant; Art. I,
at time of adoption of Code (see Ch. 1, General Provisions, Art. I.) Amendments
noted where applicable.]
There is hereby designated in the Town of Brant a public official, to
be known as the "Enforcement Officer," who shall be appointed by the Supervisor
with the approval of the Town Board of the Town of Brant at a compensation
to be fixed by it.
Except as otherwise specifically provided by law, ordinance, rule or
regulation or except as herein otherwise provided, the Code Enforcement Officer
shall administer and enforce all of the provisions of the New York State Uniform
Fire Prevention and Building Code and other laws, ordinances, rules and regulations
applicable to plans, specifications or permits for the construction, alteration
and repair of buildings and structures and the installation and use of materials
and equipment therein and to the location, use and occupancy thereof.
The Town Board may, after public notice and publication at least five
days prior to the effective date thereof in a newspaper of general circulation
within the town, adopt such further procedural/administrative rules and regulations
as the Board deems reasonable to carry out the provisions of this Article.
The Enforcement Officer may make recommendations to the Town Board to adopt,
amend or repeal such rules and regulations as they may relate to the efficient
administration and enforcement of the provisions of the Uniform Code. Such
rules and regulations shall not conflict with the Uniform Code, this Article
or any other provision of law.
A.
There is hereby designated in the Town of Brant a public
official to be known as the "Code Enforcement Officer," who shall be appointed
by the Supervisor with the approval of the Town Board, at a compensation to
be fixed by it.
B.
In the absence of the Enforcement Officer or in the case
of his inability to act for any reason, the Supervisor shall have the power
to act on behalf of the Enforcement Officer and to exercise all the powers
conferred upon him by this Article.
C.
Except as otherwise specifically provided by law, ordinance,
rule or regulation or except as herein otherwise provided, the Enforcement
Officer shall administer and enforce all of the provisions of the New York
State Uniform Fire Prevention and Building Code, any regulations promulgated
thereunder and any promulgated pursuant to this Article.
The Supervisor, with the approval of the Town Board, may appoint one
inspector, or more, as the need may appear, to act under the supervision and
direction of the Code Enforcement Officer and to exercise any portion of the
powers and duties of the Code Enforcement Officer as he may direct. The compensation
of such inspectors shall be fixed by the Town Board.
The fire coordinator, Code Enforcement Officer or any employee of the
fire coordinator's office directly involved in code enforcement shall
not engage in any activity inconsistent with his duties or with the interests
of the Building Department, nor shall be, during the term of his employment,
be engaged, directly or indirectly, in any building business, in the furnishing
of labor, materials, supplies or appliances for, or the supervision of, the
construction, alteration, demolition or maintenance of a building or the preparation
of plans or specifications thereof within the County of Erie, except that
this provision shall not prohibit any employee from engaging in any such activities
in connection with the construction of a building or structure owned by him
for his own personal use and occupancy or for the use and occupancy of members
of his immediate family and not constructed for sale.
A.
Where practical difficulties or unnecessary hardship
may result from enforcement of the strict letter of any provision of the New
York State Uniform Fire Prevention and Building Code, applications for variances
consistent with the spirit of the code may be made to the regional Board of
Review in accordance with Part 440 of the New York Codes, Rules and Regulations,
entitled "Uniform Code: Board of Review," as promulgated by the New York Department
of State. The Code Enforcement Officer shall maintain a copy of such rules
and regulations for public inspection and shall obtain and retain a copy of
all decisions rendered by the Board of Review pertaining to matters affecting
the Town of Brant.
B.
Where practical difficulties or unnecessary hardship
may result from enforcement of the strict letter of any provision of this
Article or any rule or regulation hereunder, which provision is not also required
by the New York State Uniform Fire Prevention and Building Code, applications
for variances consistent with the spirit of such law, rule or regulation may
be made to the Town Zoning Board of Appeals.
A.
Except as hereinafter provided, no person, firm, corporation,
association or partnership shall commence the construction, enlargement, alteration,
improvement, removal or demolition of any building or structure or any portion
thereof or install a solid-fuel-burning heating apparatus, chimney or flue
in any dwelling unit, without first having obtained a permit from the Code
Enforcement Officer.
B.
No permit shall be required for:
(1)
Necessary repairs which do not materially affect structural
features.
(2)
Alterations to existing buildings, provided that the
alterations:
(a)
Cost less than $10,000.
(b)
Do not materially affect structural features.
(c)
Do not affect firesafety features, such as smoke detectors,
sprinklers, required fire separations and exits.
(d)
Do not involve the installation or extension of electrical
systems.
(e)
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys and flues.
(3)
Small, noncommercial structures not intended for use
by one or more persons as quarters for living, sleeping. eating or cooking;
for example, a small storage building.
C.
The application for a building permit and its accompanying
documents shall contain sufficient information to Permit a determination that
the intended work accords with the requirements of the Uniform Code.
D.
The form of the permit and application therefor shall
be prescribed by resolution of the Town of Brant Town Board. The application
shall be signed by the owner, or his authorized agent, of the building or
work and shall contain at least the following:
(1)
The name and address of the owner.
(2)
Identification and/or a description of the land on which
the work is to be done.
(3)
A description of the use or occupancy of the land or
existing or proposed building.
(4)
A description of the proposed work.
(5)
The estimated cost of the proposed work.
(6)
A statement that the work shall be performed in compliance
with the Uniform Code and applicable state and local laws, ordinances and
regulations.
(7)
The required fee.
E.
Such application shall be accompanied by such documents,
drawings, plans, including a plot plan, and specifications as the applicant
shall deem adequate and appropriate for compliance with this Article or as
the Code Enforcement Officer may require as being necessary or appropriate,
in his judgment. The applicant may confer with the Code Enforcement Officer
in advance of submitting his application to discuss the Code Enforcement Officer's
requirements for the same.
F.
Any plans, including a plot plan, or specifications which
comprise a portion of the application, whether or not submitted subsequently
upon requirement by the Code Enforcement Officer, shall be stamped with the
seal of an architect or professional engineer or land surveyor licensed in
this state and shall, in all respects, comply with § 7209 of the
Education Law of the State of New York, as the same may be amended from time
to time.
G.
The applicant shall notify the Code Enforcement Officer
of any changes in the information contained in the application during the
period for which the permit is in effect. A permit will be issued when the
application has been determined to be complete and when the proposed work
is determined to conform to the requirements of the Uniform Code. The authority
conferred by such permit may be limited by conditions, if any, contained therein.
H.
A building permit issued pursuant to this Article shall
be prominently displayed on the property or premises to which it pertains.
I.
A building permit issued pursuant to this Article may
be suspended or revoked if it is determined that the work to which it pertains
is not proceeding in conformance with the Uniform Code or with any condition
attached to such permit or if there has been misrepresentation or falsification
of a material fact in connection with the application for the permit.
J.
A building permit issued pursuant to this Article shall
expire one year from the date of issuance or upon the issuance of a certificate
of occupancy (other than a temporary certificate of occupancy), whichever
occurs first. The permit may, upon written request, be renewed for successive
one-year periods, provided that:
K.
There shall be no dumping from site to site without permission.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been issued
by the Code Enforcement Officer.
B.
No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance of a building
permit, shall be occupied or used for more than 30 days after the completion
of the alteration or work unless a certificate of occupancy shall have been
issued.
C.
No change shall be made in the occupancy of an existing
building unless a certificate of occupancy authorizing such change shall have
been issued.
D.
When, after final inspection, it is found that the proposed
work has been completed in accordance with the applicable laws, ordinances,
rules or regulations and also in accordance with the application, the Code
Enforcement Officer shall issue a certificate of occupancy. If it is found
the proposed work has not been properly completed, the Code Enforcement Officer
shall not issue a certificate of occupancy and shall order the work completed
in conformity with the building permit and in conformity with the applicable
building regulations.
E.
A certificate of occupancy shall be issued, where appropriate,
within 30 days after written application therefor is made.
F.
The certificate of occupancy shall acknowledge that the
work has been completed and that the proposed use and occupancy is in conformity
with the provisions of the applicable laws, ordinances, rules and regulations
and shall specify the use or uses and the extent therefor to which the building
or structure or its several parts may be put to use.
G.
Upon request, the Code Enforcement Officer may issue
a temporary certificate of occupancy for a building or structure or part thereof
before the entire work covered by the building permit shall have been completed,
provided that such portions as have been completed may be occupied safely
without endangering life or the public health and welfare. A temporary certificate
of occupancy shall remain effective for a period not exceeding three months
from its date of issuance. For good cause, the Code Enforcement Officer may
allow a maximum of two extensions for periods not exceeding three months each.
A.
Work for which a building permit has been issued under
this Article shall be inspected for approval prior to enclosing or covering
any portion thereof and upon completion of each stage of construction, including
but not limited to building location, site preparation, excavation, foundation,
framing, superstructure, electrical, plumbing and heating and air conditioning.
It shall be the responsibility of the owner, applicant or his agent to inform
the Code Enforcement Officer that the work is ready for inspection and to
schedule such inspection.
B.
Exceptions.
(1)
Existing buildings not subject to inspection under Subsection
A of this section shall be subject to periodic inspections for compliance
with the Uniform Code in accordance with the following schedule:
(a)
All areas of public assembly as defined in the Uniform
Code, all buildings or structures containing areas of public assembly and
the common areas of multiple dwellings: every six months.
(b)
All buildings or structures open to the general public:
every 12 months.
(c)
All other buildings: every 24 months.
(2)
Notwithstanding any requirement of this subsection to
the contrary, no regular, periodic inspections of occupied dwelling units
shall be required; provided, however, that this shall not be a limitation
on inspections conducted at the invitation of the occupant or where conditions
on the premises threaten or present a hazard to public health, safety or welfare.
A.
The inspectors required by § 69-10 of this
Article must be performed by the Code Enforcement Officer or inspectors appointed
by the Town Board to assist him. The Code Enforcement Officer is authorized
to order, in writing, the correction of any condition in violation of the
Uniform Code found in, on or about any building. Such orders shall be served
in person upon a responsible party or his authorized agent or by registered
mail sent to the address of a responsible party set forth in any relevant
application for a permit or in any relevant certificate. The order shall set
forth the time within which the condition must be corrected. A responsible
party who fails to correct the condition within the specified time shall be
subject to a penalty as set forth in § 69-15 of this Article.
B.
A person subject to inspection under § 69-10
may be required by the Code Enforcement Officer to have such inspection performed
at his own cost and expense by a competent inspector acceptable to the Code
Enforcement Officer. Such inspector may be a registered architect, licensed
professional engineer, other certified code enforcement officer or other person
whose experience and training has been demonstrated to the satisfaction of
the Code Enforcement Officer. Such inspector shall certify the results of
this inspection to the Code Enforcement Officer. Any person required by the
Code Enforcement Officer to have an inspection performed at his own cost and
expense shall not be assessed the fees otherwise prescribed by the Town Board.
A.
Any and all areas of public assembly shall be inspected
at least once each calendar year for the purpose of determining compliance
with the firesafety requirements of the code. Said inspections shall be completed
by the enforcement official prior to the date established thereon by resolutions
of the Town Board adopted on or before June 30 of each year.
B.
All dwelling units in a building consisting of more than
two such units and the common areas of such building, such as halls, foyers,
staircases, etc., shall be inspected for the purpose of determining compliance
with the firesafety requirements of the code at least once in each odd-ending
calendar year (e.g., 1991). Said inspections shall be completed by the enforcement
official prior to the date established thereon by resolution of the Town Board
adopted on or before June 30 of each year.
C.
All other buildings, uses and occupancies, other than
public assembly and dwelling units, shall be inspected once in each even-ending
calendar year (e.g. 1990). Said inspections shall be completed by the enforcement
official prior to the date established thereon by resolution of the Town Board
adopted on or before June 30 of each year.
D.
An inspection of building or dwelling unit shall be performed
at any other time upon:
A.
The Code Enforcement Officer shall keep permanent official
records of all transactions and activities conducted by him, including all
applications received, plans approved, permits and certificates issued, fees
charged and collected, inspection reports, all rules and regulations promulgated
by the municipality and notices and orders issued. All such reports shall
be public information and open to public inspection during normal business
hours.
B.
The Code Enforcement Officer shall annually submit to
the Town Board of the Town of Brant a written report of all buusiness conducted.
A.
Whenever the Code Enforcement Officer has reasonable
grounds to believe that work on any building or structure is proceeding without
a permit or is otherwise in violation of the provisions of any applicable
law, code, ordinance or regulation or is not in conformity with any of the
provisions of the application, plans or specifications on the basis of which
a permit was issued or is being conducted in an unsafe and dangerous manner,
he shall notify either the owner of the property or the owner's agent
or the person, firm or corporation performing the work to immediately suspend
all work. In such instance, any and all persons shall immediately suspend
all related activities until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form prescribed
by the Code Enforcement Officer and shall state the reasons of the stop-work
order, together with the date of issuance. The stop-work order shall bear
the signature of the Code Enforcement Officer or that of an assistant and
shall be prominently posted at the work site.
A.
Any person who shall willfully fail to comply with a
written order of the Code Enforcement Officer and/or Fire Marshal within the
time fixed for compliance herewith and any owner, builder, architect, tenant,
contractor, subcontractor, plumber, construction superintendent or their agents,
or any other person taking the part of assisting in the construction or use
of any building, who shall violate any of the applicable provisions of this
Article or any lawful order, notice, directive, permit or certificate of the
Code Enforcement Officer and/or Fire Marshal made thereunder or in addition
to any other penalties provided for in this Article, any person who shall
violate any of the provisions of this Article, the Uniform Code, any rules
or regulations adopted pursuant to this Article or who shall violate or fail
to comply with any order made thereunder or who shall build in violation of
any detailed statement of specifications or plans submitted and approved thereunder
shall, severally, for each and every such violation, be guilty of a misdemeanor
punishable by a fine of not less than $50 nor more than $250 or by imprisonment
for not more than 30 days, or by both fine and imprisonment. The imposition
of one penalty for any violation shall not excuse the violation nor permit
it to continue, and all such persons shall be required to correct or remedy
such violation or defects within a reasonable time; and, when not otherwise
specified, each day that the prohibited condition(s) or violation continues
shall constitute a separate offense. The imposition of any such penalty shall
not be held to prohibit the enforced removal of prohibited conditions by any
appropriate remedy, including immediate application for any injunction.
B.
An action or proceeding in the name of
the Town of Brant, New York, may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation of any provision
of the Uniform Code, this Article, any rule or regulation adopted pursuant
to this Article or a violation order or to vacate the occupancy or building
in the case of imminent danger to life or property. Such remedy shall be in
addition to penalties otherwise prescribed by law.
