Town/Village of East Rochester, NY Article VII Administration and Enforcement

§ 193-39 Enforcement officer.

The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Building Inspector/Code Enforcement Officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. He shall be appointed by the Town/Village Board of Trustees and shall receive such compensation as the Town/Village Board of Trustees shall determine.

§ 193-40 Powers and duties of Building Inspector/Code Enforcement Officer.

A. It shall be the duty of the Building Inspector/Code Enforcement Officer or his duly authorized assistants to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. In the fulfillment of his duties, the Building Inspector/Code Enforcement Officer or his authorized assistants may enter any premises or building at a reasonable time to determine whether or not the same is in violation of this chapter.

B. Actions upon determination of violation.

(1) Where the Building Inspector/Code Enforcement Officer, in the course of his duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party, in writing, to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the Town/Village and the violator's rights of appeal.

(2) Additionally, the Building Inspector/Code Enforcement Officer shall have the authority to secure from the appropriate Town/Village officials (Town Justice) a stop order to constrain the continuance of the violation until the conditions of the violation have been remedied.

(3) On the serving of notice by the Building Inspector/Code Enforcement Officer to the owner of any violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.

C. The Building Inspector/Code Enforcement Officer shall maintain a permanent record of all matters considered and all actions taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Town/Village Board of Trustees, officials of the Town/Village and for public inspection. The records shall be maintained at the Town/Village offices and shall include at least the following:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Application file. An individual permanent file for each application for a permit provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents, maps and plans; notations regarding pertinent dates and fees; one copy of the resolution of the Zoning Board of Appeals in acting on the application; and the date the permit applied for was issued or denied by the Building Inspector/Code Enforcement Officer.

(2) Monthly report. The Building Inspector/Code Enforcement Officer shall prepare a monthly report for the Town/Village Board of Trustees. Said report shall cite all actions taken by the Building Inspector/Code Enforcement Officer, including all referrals made by him, all permits and certificates issued and denied, all complaints of violations received and all violations found by him and the action taken by him consequent thereon. A copy of this monthly report shall also be transmitted by the Building Inspector/Code Enforcement Officer to the Tax Assessor and Zoning Board of Appeals at the same time it is transmitted to the Town/Village Board of Trustees.

§ 193-41 Certificates and permits.

The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A building/use permit or special use permit shall be a prerequisite to the erection or structural alteration of a building, structure or use thereof. Building/Use and special use permits issued pursuant to this section shall expire in one year unless the project is completed. If the project is not initiated within six months, the permit issued shall be considered null and void. If the project is not completed within one year, the applicant may request an extension for a period of up to one year. Applicants shall justify the need for the proposed extension.

A. Building/Use permits. The Building Inspector/Code Enforcement Officer is hereby empowered to issue a building/use permit for any plans regarding the construction or structural alteration of any building or part of any building or the change in the use of any land or building or part thereof where he shall determine that such plans are not in violation of the provisions of this chapter.

B. Special use permits. Upon written notice of the Zoning Board of Appeals, the Building Inspector/Code Enforcement Officer is hereby empowered to issue a special use permit provided for by this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Certificates of occupancy.

(1) The Building Inspector/Code Enforcement Officer is hereby empowered to issue a certificate of occupancy or a conditional certificate of occupancy which shall certify that all provisions of this chapter have been complied with in respect to the location and use of the building, structure or premises in question, which certificate of occupancy must be obtained within 90 days prior to the occurrence of any of the following:

(a) Completion of a new structure.

(b) The occupancy of an existing structure which has been substantially structurally altered or moved or has had a change in proposed use.

(c) The transfer of title to a new owner of any two-family dwelling, mixed-occupancy dwelling containing one or more families or multiple dwelling.

(d) The transfer of title to a new owner of any commercial or industrial facility.

(e) The reoccupancy of an apartment dwelling which has been vacant for more than six months.

(f) A change of occupancy or use that would bring a dwelling under a different or additional classification of this chapter, Chapter 67, Building Construction and Fire Prevention, or other provisions of the Code of the Town/Village of East Rochester.

(g) The expiration or termination of a valid certificate of occupancy for a subject dwelling.

(2) No dwelling shall be occupied, in whole or in part, subsequent to the occurrence of any event enumerated in Subsection C(1)(a), (b), (c), (d), (e), (f) or (g) herein, unless the Building Inspector/Code Enforcement Officer has issued said certificate of occupancy or a conditional certificate of occupancy.

(3) Requirements waived.

(a) The Building Inspector/Code Enforcement Officer shall waive the requirements for a certificate of occupancy when title is transferred:

[1] By an executor or administrator in the administration or settlement of an estate.

[2] In lieu of foreclosure.

[3] By a court-appointed referee.

[4] By a trustee in bankruptcy.

[5] To or by an assignee for benefit of creditors.

[6] By the Monroe County Sheriff pursuant to a judicial sale.

[7] To a municipality as a result of tax foreclosure.

[8] Between husband and wife.

[9] To a person who had immediate, previous legal ownership, in whole or in part.

[10] Pursuant to the formation, reorganization or dissolution of a partnership or corporation.

[11] By a corporation to its shareholders.

[12] To the United States Department of Housing and Urban Development or to the Administrator of Urban Affairs.

(b) The Building Inspector/Code Enforcement Officer shall issue or deny the waiver within five business days of receipt of a written request.

§ 193-42 Application procedures.

A. Procedures for a building/use permit and site plan review.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) All applications for building/use permits shall be made to the Building Inspector/Code Enforcement Officer in the detail specified in § 193-43 of this chapter.

(2) Where the proposed use is for a single- or two-family residential use in a residential district, the Building Inspector/Code Enforcement Officer shall refer five copies of the application, including all plans, drawings and statements, to the Zoning Board of Appeals for architectural review. The Zoning Board of Appeals shall, within 45 days of said referral, consider the potential impact of such plans in accordance with the standards set forth in Chapter 4, Architectural Review, of the Code of the Town/Village of East Rochester and may approve, approve conditionally subject to specific modifications or disapprove any building/use permit application referred to the Board. Failure to act within the forty-five-day period shall constitute approval. The Building Inspector/Code Enforcement Officer shall issue a building/use permit for a proposed building/use following approval by the Zoning Board of Appeals, provided that the proposed building/use conforms in all respects to all other applicable laws and ordinances.

(3) Site plan review. When the application is for any use other than a single- or two-family dwelling in a residential district, the Building Inspector/Code Enforcement Officer shall refer seven copies of such plans, drawings and statements to the Zoning Board of Appeals for both architectural review in accordance with the standards set forth in Chapter 4, Architectural Review, and for site plan review. In addition, the Building Inspector/Code Enforcement Officer shall refer one copy to the Town/Village Engineer, when deemed necessary, for his review and recommendations and, where required by state law, seven copies to the Monroe County Department of Planning and shall provide the notice required by General Municipal Law § 239-nn to any adjacent municipality within 500 feet of the proposed site. The Zoning Board of Appeals shall determine that the proposed site plan and structures will compare favorably with community standards, other improvements and properly intended and planned appearance throughout any street or neighborhood area in the Town/Village.

(4) The Zoning Board of Appeals shall, within 62 days after receipt of said material, approve, disapprove or conditionally approve the proposed development, construction or change of use. In the event of disapproval from the Board, the reasons shall be stated clearly to the Building Inspector/Code Enforcement Officer in writing. The Building Inspector/Code Enforcement Officer shall deny a building/use permit for the proposed construction or use until such conditions as the disapproval is based upon have been corrected and written approval of the dissenting Board is obtained. The absence of a reply from the Board within the sixty-two-day period shall constitute an approval by such Board, and the Building Inspector/Code Enforcement Officer shall proceed on the basis of such approval.

(5) In the event of conditional approval, or if the Zoning Board of Appeals determines that a public hearing is warranted, the Zoning Board of Appeals shall schedule a public hearing, to be held within 62 days of the date the application was filed. Such public hearing shall be advertised in the official newspaper at least five days prior to the date of the hearing. The Zoning Board of Appeals shall approve or disapprove the final site plan within 62 days after the date of the public hearing.

(6) Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals acting with regard to architectural review in disapproving a building permit application and of the Building Inspector in denying such permit because of such disapproval may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decision is illegal, in whole or in part. Such proceeding must be commenced within 30 days after filing of the decision in the office of the Clerk of the Board.

B. Procedure for special use permits.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) All applications for special use permits shall be made to the Building Inspector/Code Enforcement Officer. The Building Inspector/Code Enforcement Officer, after determining that an application is in the proper form, shall transmit five copies of the application and all supporting documents to the Zoning Board of Appeals, one copy to the Town/Village Engineer and, where required by state law, seven copies to the Monroe County Department of Planning and shall provide the notice required by General Municipal Law § 239-nn to any adjacent municipality within 500 feet of the proposed site. The Zoning Board of Appeals shall request a written response and recommendations from these agencies within 30 days of said referral. The failure of any agency to reply within the thirty-day period shall be considered as an approval by the Zoning Board of Appeals.

(2) Within 62 days following the receipt of the application from the Building Inspector/Code Enforcement Officer, the Zoning Board of Appeals shall conduct a public hearing on the application. Within 62 days from the date of such hearing, the Zoning Board of Appeals shall, by resolution, either approve or disapprove the application. In approving an application, the Board may impose any modifications or conditions it deems necessary to conform to the goals and objectives of the Town/Village's Comprehensive Plan and to protect the health, safety or general welfare of the public.

(3) If an application is approved by the Zoning Board of Appeals, the Building Inspector/Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Board, and he shall issue the permit applied for in accordance with the conditions imposed by the Board.

(4) If any application is disapproved by the Zoning Board of Appeals, the reasons for such denial shall be set forth in the Board resolution, and a copy of such resolution shall be transmitted to the Building Inspector/Code Enforcement Officer. The Building Inspector/Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.

(5) The Building Inspector/Code Enforcement Officer shall transmit one copy of all approved and denied applications to the Town/Village Board of Trustees and one copy of all approved applications to the Tax Assessor.

(6) Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals acting with regard to architectural review in disapproving a building permit application and of the Building Inspector in denying such permit because of such disapproval may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decision is illegal, in whole or in part. Such proceeding must be commenced within 30 days after filing of the decision in the office of the Clerk of the Board.

C. Procedures for a certificate of occupancy.

(1) Following the completion of the construction, reconstruction or structural alteration of any building, the applicant shall notify the Building Inspector/Code Enforcement Officer stating that such construction has been completed. Within seven days of the receipt of this letter, the Building Inspector/Code Enforcement Officer shall make all necessary inspections of the completed structure to determine conformance with this chapter. A certificate of occupancy shall be issued only if the Building Inspector/Code Enforcement Officer finds that the construction and proposed use comply with all the requirements and provisions of this chapter. All certificates of occupancy shall state that the subject dwelling or building substantially conforms to the provisions of the New York State Uniform Fire Prevention and Building Code, the Town/Village Zoning and Maintenance Code, the New York State Multiple Residence Law and other provisions of the Town/Village Code, as applicable.

(2) A record shall be kept of all certificates of occupancy issued, and the original applications shall be kept on file in the same manner as applications for all permits.

(3) No owner, tenant or other person shall use or occupy any building or structure hereafter erected or altered, the use of which shall be changed after the passage of this chapter, without first obtaining a certificate of occupancy, provided that a certificate of occupancy, once granted, shall continue in effect as long as there is no change of use, regardless of any change in ownership, tenants or occupants.

(4) Any person desiring to change the use of his premises shall submit an application for a building/use permit to the Building Inspector/Code Enforcement Officer. Said application shall include a site plan that shall conform to the requirements of Subsection A of this section. The procedures in this section shall apply in consideration of a request for the issuance of a certificate of occupancy for a change in use, and the request shall be referred to the Zoning Board of Appeals for review and recommendation prior to issuance of a certificate of occupancy.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(5) The Building Inspector/Code Enforcement Officer, after determining that the off-street parking and/or loading facilities required by this chapter are not being maintained in full compliance, may forthwith revoke the certificate of occupancy issued for the building, structure or premises for which the off-street parking or loading facilities are required. The Building Inspector/Code Enforcement Officer may also revoke the certificate of occupancy if specific mandates of any one or more of the advisory boards of the Town/Village are not complied with.

(6) Conditional certificates of occupancy.

(a) The Building Inspector/Code Enforcement Officer, in his discretion, may issue a conditional certificate of occupancy within 90 days prior to the occurrence of any of the events enumerated in § 193-41C when occupancy or use of the building will not jeopardize life or property and:

[1] The subject dwelling is near substantial compliance with this section and all other applicable laws, ordinances and rules;

[2] The work required to bring the dwelling into full compliance is not essential to making the building habitable; and

[3] The owner of record, contract vendee or lessee has agreed with the Building Inspector/Code Enforcement Officer on a schedule of rehabilitation or demolition.

(b) A conditional certificate of occupancy shall state that the subject dwelling complies with the requirements of this Subsection C(6) and shall specify the purposes for which the building may be used in several parts. It shall also specify the date by which the owner of record must obtain a certificate of occupancy and warn that failure to obtain a certificate of occupancy by the date shall be sufficient cause for revoking the conditional certificate of occupancy without further notice. Time limitations in a conditional certificate of occupancy shall constitute amendments to time limitations imposed by prior notices and orders of the Building Inspector/Code Enforcement Officer.

(7) This chapter shall not be construed to hold the Town/Village of East Rochester responsible for any damage to person or property by reason of inspections made pursuant to an application for a certificate of occupancy or issuance or the failure to issue a certificate of occupancy.

(8) Notwithstanding the existence of a valid certificate of occupancy, the Building Inspector/Code Enforcement Officer, the Assistant Building Inspector/Code Enforcement Officer, the Fire Marshal, the Fire Safety Inspector, the Fire Chief or any Assistant Fire Chief may cause the subject building to be inspected as often as may be reasonably necessary for the purpose of ascertaining and causing to be corrected any violations of provisions of the laws, ordinances, rules and regulations which they enforce. Whenever any such violations are discovered, the Building Inspector/Code Enforcement Officer shall notify the owners of the property and shall provide 30 days, or a longer period of time if deemed appropriate, to correct the violation. If, after such period of time, the violations are not corrected, any existing certificate of occupancy shall become null and void, and the Building Inspector/Code Enforcement Officer shall notify the owners of the property that continued occupancy or use of the premises is illegal.

(9) Notwithstanding the provisions of § 89-7 of the Code, a fee in an amount set by resolution of the Town/Village Board of Trustees shall be charged and collected by the Building Inspector/Code Enforcement Officer at the time of application for a certificate of occupancy pertaining to existing premises.

§ 193-43 Application contents.

Each application for a building/use permit or special use permit shall include a site plan. The Building Inspector/Code Enforcement Officer shall specify the number of copies to be submitted. The application and supporting documents shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use of the building or premises. As a minimum, the application shall include the following information and plans for both before and after conditions and shall certify that the proposed improvements will meet or exceed the Town/Village's construction specifications:

A. The location, use, design and dimensions and height of each use and building.

B. Property boundaries, including the precise location of the center line of the road, dimensions, scale, North arrow, date, general location map and easements and deed restrictions, if applicable.

C. Physical features, including geodetic markings, existing swales, elevations, streams, wetlands and swamp areas, location of trees and a description of existing vegetation.

D. The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading and the distance to the nearest intersection.

E. The location and type of lighting to be provided.

F. The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.

G. The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.

H. Provision for water supply, sewage disposal, storm drainage and solid waste collection and disposal, including the location of dumpsters, if any.

I. A completed checklist certifying compliance with the foregoing and such other data and plans as may be specifically requested by the Building Inspector/Code Enforcement Officer to enable the Town/Village to properly consider the application.

J. The location of any existing or proposed outside storage and/or display areas.

§ 193-44 Fees.

A copy of the current fee schedule may be obtained from the Town/Village Clerk-Treasurer.[1]

[1] Editor's Note: See also Ch. 89, Fees, Art. I, Engineering Review Fees.