[HISTORY: Adopted by the Town Board of the
Town of Canandaigua 10-17-2006 by L.L. No. 10-2006 (Ch. 40 of the 1977
Code). Amendments noted where applicable.
A.
The office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer (CEO) shall administer and enforce all
provisions of the State Uniform Code, the State Energy Code and this
chapter. The CEO shall have the following powers and duties:
(1)
To receive, review and approve or disapprove applications
for building permits, certificates of compliance, certificates of
occupancy, temporary certificates and operating permits, and the plans,
specifications and construction documents submitted with such applications;
and
(2)
Upon approval of such applications, to issue building
permits, certificates of compliance, certificates of occupancy, 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 CEO may determine
to be appropriate; and
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy or 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 insure fees are collected as set by the Town Board.
(9)
To pursue administrative enforcement actions and proceedings.
(10)
In consultation with the Town Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and the Codes of the Town of Canandaigua,
or to abate or correct conditions not in compliance with these codes
and this chapter.
(11)
To exercise all other powers and fulfill all other
duties conferred upon the CEO by this chapter.
(12)
To issue appearance tickets.
B.
The CEO shall be appointed by the Town Board. The
CEO 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 training and continued
education and training to maintain certification as the State of New
York shall require for code enforcement personnel, and the CEO shall
obtain certification from the State Fire Administrator pursuant to
the Executive Law and the regulations promulgated thereunder.
C.
In the event that the CEO 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 CEO shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the CEO by this chapter.
D.
One or more Assistant Code Enforcement Officers may
be appointed by the Town Board to act under the supervision and direction
of the CEO and to assist the CEO in the exercise of the powers and
fulfillment of the duties conferred upon the CEO by this chapter.
Each Assistant CEO 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 Assistant CEO shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
E.
The compensation for the CEO and Assistant CEOs shall
be fixed from time to time by the Town Board.
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 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 CEO.
B.
Exemptions. No building permit shall be required for work in any of the following categories, unless the limits contained in Chapter 202 of the Town Code specify otherwise:
(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 do not require the use of electricity for filtration
purposes and are designed for a water depth of less than 24 inches
and are installed entirely above ground;
(3)
Construction of landscaping retaining walls unless
such walls support a surcharge or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion picture, television
and theater stage sets and scenery;
(5)
Installation of window awnings supported by an exterior
wall of a one- or two- family dwelling or multiple single-family dwellings
(townhouses);
(6)
Installation of partitions or movable cases less than
five feet nine inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(8)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(9)
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
(10)
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.
(11)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 50
square feet.
[Added 4-8-2013 by L.L. No. 2-2013]
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. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the CEO. 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 CEO deems sufficient to permit a determination
by the CEO 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 proposed work;
(2)
Proof of ownership of the premises where the work
is to be performed;
(3)
The Tax Map number and the street address of the premises
where the work is to be performed;
(4)
The occupancy classification of any affected building
or structure;
(5)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(6)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect
or licensed professional engineer where so required by the Education
Law;
(c)
Indicate with sufficient clarity and detail the nature
and extent of the work proposed;
(d)
Substantiate that the proposed work will comply with
the Uniform Code and the Energy Code; and
(e)
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 on-site wastewater treatment system,
the location of the intended work and the distances between the buildings
and structures and the lot lines.
(7)
Provide proof of compliance with New York State Workers
Compensation Law.
E.
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(6) above in this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the CEO in writing or by stamp. One set of the accepted construction documents shall be retained by the CEO, 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 CEO and CEO Assistants. 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 begin until and unless a building permit is issued.
F.
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, the Energy Code and the Town Code. The CEO shall issue a building
permit only if the proposed work is in compliance with the applicable
requirements of the Uniform Code, the Energy Code and the Town Code.
G.
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.
H.
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 CEO of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the CEO 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.
I.
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.
The date of issuance of a building permit shall be the date the Code
Enforcement Officer approves and signs the building permit and associated
building permit application. A building permit which has become invalid
or which has expired pursuant to this chapter may be replaced upon
application by the permit holder, payment of the applicable fee, and
approval of the new application by the CEO. Where warranted by the
CEO, a time extension for a building permit may be granted for a period
of up to one additional year.
[Amended 3-20-2017 by L.L. No. 5-2017]
J.
Revocation or suspension of building permits. If the
CEO 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 violated the Uniform Code,
the Energy Code, or the Town Code, the CEO shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
A.
Work to remain accessible and exposed. All work shall remain accessible and exposed until inspected and accepted by the CEO. The permit holder shall notify the CEO when any element of work described in Subsection C below is ready for inspection. Said notification shall be no less than 24 hours in advance of a scheduled inspection.
B.
Inspection and re-inspections. When the permit holder or their designee has notified the CEO of any element of work described in Subsection C below is ready for inspection and the CEO finds that the element of work is not ready for inspection, another inspection must be rescheduled with the CEO. Anytime after the first failed inspection of any of the elements listed in Subsection C below occurs, then a reinspection fee may be charged for each subsequent failed inspection before either a certificate of occupancy or a certificate of compliance is issued by the CEO. The fees for reinspection shall be established by the Town Board in the Town's Fee Schedule and may be amended from time to time.
C.
Elements of work to be inspected. The following elements
of the construction process, shall be inspected, where applicable,
including but not limited to,:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation, including drainage requirements;
(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;
(10)
Town Code compliance; and
(11)
A final inspection within 10 business days after all
work authorized by the Building Department has been completed.
D.
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, the Energy Code, or the Town Code. Work
not in compliance with any applicable provisions of the Uniform Code,
the Energy Code, or the Town Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code, the Energy Code, or the Town Code, reinspected
and found satisfactory as completed.
A.
Authority to issue. The CEO is authorized to issue
stop-work orders pursuant to this section. The CEO may issue a stop-work
order to halt:
(1)
Any work that is determined by the CEO to be contrary
to any applicable provision of the Uniform Code, the Energy Code,
or the Town 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 CEO, 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.
C.
Service of stop-work orders. The CEO 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. The CEO 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
person taking part or assisting in work affected by the stop-work
order personally or by registered mail, provided, however, that failure
to serve any person mentioned in this section 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 § 92-13, 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.
Certificates of occupancy/certificates of compliance.
A certificate of occupancy/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/certificate of compliance.
B.
Issuance of certificates of occupancy/certificates
of compliance. The CEO shall issue a certificate of occupancy/certificate
of compliance if the work which was the subject of the building permit
issued was completed in accordance with all applicable provisions
of the Uniform Code, the Energy Code and the Town 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, the Energy
Code and the Town Code. The CEO or an Assistant CEO shall inspect
the building, structure or work prior to the issuance of a certificate
of occupancy/certificate of compliance. In addition, where applicable,
the following documents, prepared in accordance with the provisions
of the Uniform Code, the Energy Code and the Town Code, by such person
or persons as may be designated by or otherwise acceptable to the
CEO, at the expense of the applicant for the certificate of occupancy/certificate
of compliance, shall be provided to the CEO prior to the issuance
of the certificate of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates
of compliance. A certificate of occupancy/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 CEO issuing the certificate of
occupancy/certificate of compliance and the date of issuance.
D.
Temporary certificate.
(1)
The CEO 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 CEO issue a temporary
certificate unless the CEO determines:
(a)
That the building or structure, or the portion thereof
covered by the temporary certificate may be occupied safely;
(b)
That any fire- and smoke-detecting or fire-protection
equipment which has been installed is operational; and
(c)
That all required means of egress from the building
or structure have been provided.
(2)
The CEO may include in a temporary certificate such
terms and conditions as he or 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 six months, which shall be determined by the CEO and
specified in the temporary certificate. 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, the Energy Code
and the Town Code.
E.
Revocation or suspension of certificates. If the CEO
determines that a certificate of occupancy/certificate of compliance
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 CEO within such period
of time as shall be specified by the CEO, the CEO shall revoke or
suspend such certificate.
The chief of any fire department providing fire-fighting
services for a property located within the Town of Canandaigua shall
promptly notify the CEO of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent, and fire or suppression
safety equipment.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Local Law Number 2 of 1976, and more commonly known as Chapter 88, Buildings, Unsafe, of the Code of the Town of Canandaigua, as now in effect or as hereinafter amended from time to time.
A.
Operation permits required. Any person who proposes
to undertake any activity or to operate any type of building listed
in this subsection shall be required to obtain an operating permit
prior to commencing such activity or operation. Operating permits
shall be required for conducting the activities or using the categories
of buildings listed below:
(1)
Manufacturing, storing or handling hazardous materials
in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2),
2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code
of New York State" and incorporated by reference in 19 NYCRR, Section
1225.1;
(2)
Hazardous processes and activities, including but
not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may
pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the CEO. Such application shall include
information as the CEO deems sufficient to permit a determination
by the CEO that quantities, materials, and activities conform to the
requirements of the Uniform Code. If the CEO determines that tests
or reports are necessary to verify conformance, such tests or reports
shall be performed or provided by such person or persons as may be
designated by or otherwise acceptable to the CEO, at the expense of
the applicant.
C.
Inspections. The CEO or Assistant CEO shall inspect
the subject premises prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A above herein, is to be conducted at a location, the CEO may require a separate operating permit for each such activity, or the CEO may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the CEO to be consistent with local conditions. The effective period
of each operating permit shall be specified in the operating permit.
An operating permit may be reissued or renewed upon application to
the CEO, payment of the applicable fee, and approval of such application
by the CEO.
F.
Revocation or suspension of operating permits. If
the CEO determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
CEO or an Assistant CEO at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months;
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months;
B.
Inspections permitted.
(1)
In addition to the inspections required by Subsection A above herein, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the CEO at any time upon:
(a)
The request of the owner of the property to be inspected
or an authorized agent of such owner;
(b)
Receipt by the CEO of a written statement alleging
that conditions or activities failing to comply with the Uniform Code,
the Energy Code or the Town Code exist; or
(c)
Receipt by the CEO of any other information reasonably
believed by the CEO to be reliable, giving rise to reasonable cause
to believe that conditions or activities failing to comply with the
Uniform Code, the Energy Code or the Town Code exist.
(2)
Provided further, however, that nothing in this section
shall be construed as permitting an inspection under any circumstances
under which a court order or warrant permitting such inspection is
required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any
other provision of this chapter shall supersede, limit or impair the
powers, duties and responsibilities of the New York State Office of
Fire Prevention and Control (OFPC) and the New York State Fire Administrator
under Executive Law, § 156-e and Education Law, § 807-b,
notwithstanding any other provision of this section to the contrary.
D.
Upon completing a fire prevention and safety inspection,
the Town of Canandaigua Code Enforcement Officer shall serve, by regular,
first-class mail, a written invoice for the inspection fee upon the
owner of the property inspected and, if the property is not owner-occupied,
the occupant or any person having the control of any such property.
If the owner does not occupy the subject property, the owner shall
be so served at the current address on file in the Town of Canandaigua
Tax Collector's Office.
E.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-14 of this chapter must be paid prior to issuance of the fire and safety inspection report. This section shall not apply to inspections performed by OFPC. In the event the Town Clerk does not receive full payment of the inspection fee within 30 days of the date such invoice is mailed, the inspection fee or balance thereof, plus a service charge of 50% of the unpaid balance may be added to cover the cost of supervision and administration by the CEO and Town Supervisor. Said fee shall be charged and assessed against the owner, tenant or occupant of the property that was the subject to the inspection. The inspection fee and service charge, so assessed, shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town taxes and charges.
The CEO shall review and investigate written,
documented, signed 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, the Energy Code or the Town Code. The process for responding
to a complaint shall include such of the following steps as the CEO
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 § 92-13 of this chapter;
C.
If appropriate, issuing a stop-work order; and
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.
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;
(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 CEO shall annually submit to the Town Board a written report and summary of all business conducted by the CEO, including a report and summary of all transactions and activities described in § 92-11, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The CEO shall annually submit to the Secretary of
State, on behalf of the Town of Canandaigua, 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 and
the Energy Code.
C.
The CEO 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 activities of this Town in connection with administration
and enforcement of the Uniform Code and the Energy Code.
A.
Compliance orders. The CEO 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, the Town Code or this chapter.
Upon finding that any such condition or activity exists, the CEO shall
issue a compliance order. The compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the CEO;
(3)
Specify the condition or activity that violates the
Uniform Code, the Energy Code, the Town Code;
(4)
Specify the provision or provisions of the Uniform
Code, the Energy Code or the Town Code which is/are violated by the
specific condition or activity;
(5)
Specify the period of time which the CEO deems to
be reasonably necessary for achieving compliance;
(6)
Direct that compliance be achieved within the specified
period of time; and
(7)
State that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time. The CEO shall cause the compliance order, or a copy
thereof, to be served on the owner of the affected property personally
or by registered mail. The CEO 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 registered 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 CEO and Assistant CEOs are
authorized to issue appearance tickets for any violation of the Uniform
Code or the Town Code.
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, the Town Code, or any term or condition 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 CEO pursuant to any provision of this
chapter shall be liable for a civil penalty of not more than $250
for each day or part thereof during which such violation exists or
continues. The civil penalties provided by this section shall be recoverable
in an action instituted in the name of the Town of Canandaigua.
[Amended 7-16-2018 by L.L. No. 4-2018]
D.
Criminal fines or imprisonment.
(1)
Any person who shall violate any provisions of this
chapter or of any stop-work order issued hereunder, shall be guilty
of an offense punishable by a fine not to exceed $250 or by imprisonment
for not more than 15 days, or both such fine and imprisonment.
(2)
In addition to the above penalty, the Town may institute
an action to prevent, restrain, correct or abate any such violation
or enforce any provision of this chapter.
E.
Injunctive relief. An action or proceeding may be
instituted in the name of the Town of Canandaigua, 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 or the Town Code, or any term or condition of any building
permit, certificate of occupancy/certificate of compliance, temporary
certificate, stop-work order, operating permit, compliance order or
other order obtained under the Uniform Code, the Energy Code or the
Town Code, an action or proceeding may be commenced in the name of
the Town of Canandaigua, 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 subdivision shall be commenced without the appropriate authorization
from the Town Board.
F.
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 § 92-4, 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 § 92-4, 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 Section (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 Section (2) of § 382 of the Executive Law.
[Amended 7-17-2007 by L.L. No. 8-2007]
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, reinspections of construction,
certificates of occupancy/certificates of compliance, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of the CEO described in or contemplated by this
chapter.
The Town Board may, by resolution, authorize
the Town Supervisor to enter into an agreement, in the name of the
Town of Canandaigua, 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, the Town Code or any other applicable law.
