[Adopted 5-25-1943 as Section 136 of the Ordinances
of the Village of Ballston Spa]
[Amended 12-22-2003 by L.L. No. 4-2003]
It shall be the duty of the Building Inspector, or a certified code
compliance technician under the direction of the Building Inspector, to inspect
as often as may be necessary the public portions of all buildings within the
Village for the purpose of ascertaining and causing to be corrected any conditions
liable to cause fire or any violations of the provisions or intent of any
ordinance, law, rule or regulation of the Village or the State of New York
affecting fire hazard.
[Added 10-22-2001 by L.L. No. 4-2001]
A.
It shall be unlawful within the Village of Ballston Spa
for a person to burn materials outdoors without the consent of the Fire Chief,
Assistant Fire Chief, or Fire Code Officer. Said prohibition shall apply to
bonfires, controlled burns, leaves, rubbish, burning barrels or any other
open flames. Nothing contained herein shall preclude the preparation of food;
provided, however, that said cooking apparatus does not discharge inordinate
amounts of ash or cinders as to cause a public nuisance or danger.
B.
Should approval be granted for open burning by the Fire
Code Enforcement Officer, or Assistant Fire Chief, such open burning shall
comply with any requirements which the Fire Code Enforcement Officer, Fire
Chief or Assistant Fire Chief shall require.
A.
Whenever the Building Inspector finds, in any building
or upon any premises or other place, combustible or explosive matter or dangerous
accumulation of rubbish or unnecessary accumulation of wastepaper, boxes,
shavings or any other highly inflammable materials especially liable to fire
and which is so situated as to endanger property or any other hazardous condition
liable to cause fire or shall find obstructions to or on fire escapes, stairs,
passageways, doors or windows liable to interfere with the operations of the
Fire Department or egress of the occupants in case of fire, he/she shall order
the same to be removed or remedied, and such order shall forthwith be complied
with by the owner or occupants of such buildings or premises, subject to appeal
within 24 hours to the Mayor, who shall, within 10 days, review such order
and file his/her decision thereon, and, unless the order is revoked or modified,
it shall remain in full force and be obeyed by such owner or occupant.
[Amended 12-22-2003 by L.L. No. 4-2003]
B.
Any owner or occupant failing to comply with such order
within 10 days after said appeal shall have been determined or, if no appeal
is taken, then within 10 days after the service of the said order shall be
liable to a penalty as hereinafter stated.
C.
The service of any such order shall be made upon the
occupant of the premises to whom it is directed by either delivering a true
copy of the same to such occupant personally or by delivering the same to
and leaving it with any person in charge of the premises or, in case no person
is found on the premises, by affixing a copy thereof in a conspicuous place
on the door to the entrance to said premises. Whenever it may be necessary
to serve such order upon the owner of a premises, such order may be served
by delivering to and leaving with said person a true copy of said order or,
if such owner is absent from the jurisdiction of the officer making the order,
by mailing such copy to the owner's last known post office address.
[Amended 5-13-1996 by L.L. No. 1-1996]
Any person or persons, firm or corporation violating any of the provisions
of this article shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both.
