[HISTORY: Adopted by the Board of Trustees of the Village of Fair
Haven 11-9-2006 by L.L. No. 2-2006[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 68.
Manufactured homes — See Ch. 91.
Sheds — See Ch. 117.
Zoning — See Ch. 150,
[1]
Editor's Note: This local law also superseded former Ch. 46,
Building Construction and Fire Prevention, adopted 5-6-1985 by L.L. No. 3-1985
(Ch. 5 of the 1970 Code), as amended.
This chapter shall be known as a "Local Law Providing for the Administration
and Enforcement of the New York State Uniform Fire Prevention and Building
Code."
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
Village. 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:
A permit issued pursuant to § 46-5 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 § 46-8B of this chapter.
The Code Enforcement Officer appointed pursuant to § 46-4B of this chapter.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 46-16A 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 § 46-4D of this chapter.
A permit issued pursuant to § 46-11 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
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 § 46-7 of this chapter.
A certificate issued pursuant to § 46-8D of this chapter.
The New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
The Village of Fair Haven.
A.
The office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, 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, temporary certificates and operating permits,
and to include in building permits, certificates of occupancy, temporary certificates
and operating permits such terms and conditions as the Code Enforcement Officer
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be
made prior to the issuance of certificates of occupancy, 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 Board of Trustees of this
Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village'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;
and
(11)
To exercise all other powers and fulfill all other duties
conferred upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by motion
of the Board of Trustees. The Code Enforcement Officer 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, and the Code Enforcement
Officer shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable
to serve as such for any reason, an individual shall be appointed by motion
of the Board of Trustees 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.
D.
One or more inspectors may be appointed by motion of
the Board of Trustees to act under the supervision and direction of the Code
Enforcement Officer and to assist the Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter. 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.
E.
The compensation for the Code Enforcement Officer and
inspectors shall be fixed from time to time by the Board of Trustees of this
Village.
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 Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
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 144 square feet (13.38
square meters);
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
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;
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5)
Construction of retaining walls, unless such walls support
a surcharge or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(10)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(11)
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
(12)
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.
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 Code Enforcement Officer. 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
Code Enforcement Officer deems sufficient to permit a determination by the
Code Enforcement Officer 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)
The Tax Map number and the street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(5)
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 septic system, the location of the intended
work, and the distances between the buildings and structures and the lot lines.
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(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, 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.
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 and Energy Code. The
Code Enforcement Officer shall issue a building permit if the proposed work
is in compliance with the applicable requirements of the Uniform Code and
Energy 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 performed 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 Code Enforcement Officer of
any change occurring during the course of the work. The building permit shall
contain such a directive. If the Code Enforcement Officer 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. 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 Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the
Code Enforcement Officer 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 violates the Uniform Code or the Energy
Code, the Code Enforcement Officer shall revoke the building permit or suspend
the building permit 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.
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.
A.
Authority to issue. The Code Enforcement Officer is authorized
to issue stop-work orders pursuant to this section. The Code Enforcement Officer
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 § 46-16, 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 required. A certificate of
occupancy 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. The Code Enforcement
Officer shall issue a certificate of occupancy 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 Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer 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 Code Enforcement Officer, at the expense
of the applicant for the certificate of occupancy, shall be provided to the
Code Enforcement Officer 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 Code Enforcement Officer issuing
the certificate of occupancy and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer 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 Code Enforcement Officer issue a temporary certificate unless the Code
Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement
Officer 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 and the Energy Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer 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 Code Enforcement Officer within such period of time as shall be specified
by the Code Enforcement Officer, the Code Enforcement Officer shall revoke
or suspend such certificate.
The chief of any fire department providing fire-fighting services for
a property within this Village shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage, fuel-burning
appliance, chimney or gas vent.
[Amended 7-12-2007 by L.L. No. 3-2007]
The Board of Trustees for the Village of Fair Haven shall have the following
enforcement alternatives available to it in the event a building shall be
reported unsafe or dangerous in such survey;
A.
In addition to any other penalties imposed or other available
remedies available to the Village, the Board of Trustees may conduct a hearing
to determine whether such violation constitutes a significant public health
or safety issue. Such hearing shall be on a minimum of 10 days notice to the
owner, which notice may be served personally or by certified mail, return
receipt requested, to the last known address of the owner as shown on the
last completed tax roll.
(1)
Such notice shall specify the date, time and place of
the hearing, the purpose of the hearing, the nature of the alleged violation,
that the owner may be present and participate in the hearing individually
and/or through counsel, the fact that if the Village does determine that there
is a significant health, safety or welfare issue, that it may enter the property
to clean up the violation, and that all costs so incurred, including legal
expenses, which will 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 4 of the Village Law for the levy and collection of a special ad valorem
levy.
(2)
The Board of Trustees shall conduct a hearing on the
date and time indicated in the notice and shall make findings of fact. Based
on such findings, the Board of Trustees shall determine whether any remedial
action is required.
(3)
The Board of Trustees shall notify the owner of its decision
in the same manner as the notice of hearing. If no corrective action is taken
within 10 days of such notice being either mailed or personally served upon
the owner, then the Board of Trustees may authorize entry onto the property
to do such remediation work or removal of the building and may charge all
costs so incurred, including legal expenses, as a tax against the land.
B.
In addition to all other penalties and remedies available
to the Village under this section, the Village shall have the authority, upon
resolution, to make an application at a special term of the Supreme Court
in the judicial district in which such property is located for an order determining
the building to be a public nuisance, directing that it shall be repaired,
secured or demolished and removed by either the owner or the Village and imposing
a fine of $200 per day for each day the property remains in violation. In
the event the Village is authorized to secure or demolish the building, the
costs so incurred, including legal expenses, shall be a tax against the land
on which such building is located in the same manner as provided in Article
4 of the Village Law for the levy and collection of a special ad valorem levy.
C.
The hearing process outlined in this section is not an
administrative remedy that must be exhausted before proceeding to Supreme
Court. The Board of Trustees for the Village of Fair Haven shall have the
discretion to determine which enforcement alternative is appropriate under
the circumstances of each case, and shall have the discretion to determine
whether to pursue more than one enforcement alternative.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the
activities or using the categories of buildings listed below:
(a)
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;
(b)
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;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose
a substantial potential hazard to public safety, as determined by resolution
adopted by the Board of Trustees of this Village.
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 Code Enforcement Officer. Such application shall include
such information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If the Code
Enforcement Officer 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 Code
Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer 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 of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer 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 Code Enforcement Officer
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 Code Enforcement Officer, payment
of the applicable fee, and approval of such application by the Code Enforcement
Officer.
F.
Revocation or suspension of operating permits. If the
Code Enforcement Officer 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 Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer 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. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection 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.
(1)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure occupied as
a dormitory if OFPC performs firesafety and property maintenance inspections
of such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The 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, 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 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 § 46-16, 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.
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, 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 Code Enforcement Officer shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 46-14, Recordkeeping of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to
the Secretary of State, on behalf of this Village, on a form prescribed by
the Secretary of State, a report of the activities of this Village relative
to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer 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 Village is required
to maintain, excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Village in connection with administration
and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer 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, or this chapter. Upon finding that any such condition
or activity exists, the Code Enforcement Officer shall issue a compliance
order. The compliance order shall be in writing; be dated and signed by the
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 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 or by regular mail. The 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 Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any violation
of the Uniform 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 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 Code Enforcement Officer 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 Village.
D.
Injunctive relief. An action or proceeding may be instituted
in the name of this Village, 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 Code Enforcement Officer 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 Village, 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 Board of Trustees of this Village.
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 § 46-7, 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 § 46-7, 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 fee schedule shall be established by resolution of the Board of Trustees
of this Village. 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 Code Enforcement Officer described in or contemplated
by this chapter.
The Board of Trustees of this Village may, by resolution, authorize
the Supervisor of this Village to enter into an agreement, in the name of
this Village, 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.
