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:
BUILDING PERMIT
A permit issued pursuant to §
215-4 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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
FEE SCHEDULE
The schedule of fees established from time to time by the
Village Board pursuant to the Fee Law of the Village of Fairport.
OPERATING PERMIT
A permit issued pursuant to §
215-11 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting
services for a property within the Village shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Village
shall be identified and addressed in accordance with the following
procedures. Removal or repair of buildings in business, industrial
and residential sections that, from any cause, may now be or shall
hereafter become dangerous or unsafe to the public shall take place
as follows:
A. The Code Enforcement Officer shall do an inspection
and report and shall so designate and placard the structure.
B. A notice shall be served on the owner or some one
of the owner's executors, legal representatives, agents, lessees or
any other person having a vested or contingent interest in same, either
personally or by registered mail, addressed to the last known address,
if any, of the owner or some one of the owner's executors, legal representatives,
agents, lessees or other person having a vested or contingent interest
in same, as shown by the records of the Receiver of Taxes and/or in
the office of the County Clerk or County Register, containing a description
of the premises, a statement of the particulars in which the building
or structure is unsafe or dangerous and an order requiring same to
be made safe and secure or removed; and if such service is made by
registered mail, a copy of such notice shall be posted on the premises.
C. The notice shall state a time within which the person
served with such notice shall commence and complete the securing or
removal of buildings or structures.
D. In the event of neglect or refusal of the person served
with the notice to comply with the same, a survey shall be made by
an official of the Village and a practical builder, engineer or architect
to be named by the Board of Trustees and a practical builder, engineer
or architect appointed by the person notified as above, and in the
event of refusal or neglect of the person so notified to appoint such
surveyor, the two surveyors named shall make the survey and report.
The notice shall state that in the event the building or other structure
shall be reported unsafe or dangerous under such survey, an application
will be made at a special term of the Supreme Court in the judicial
district in which the property is located not less than five days
nor more than 10 days thereafter for an order determining the building
or other structure to be a public nuisance and directing that it shall
be repaired and secured or taken down and removed.
E. The Code Enforcement Officer shall post a signed copy
of the report of the survey on the building; and the Village Board
shall provide for the compensation of the surveyors.
F. All costs and expenses incurred by the Village in
connection with the proceedings to remove or secure said building
or structure, including the cost of actually removing said building
or structure, shall be assessed against the land on which said building
or structure is located and shall be collected in the same manner
as Village taxes are collected.
Notwithstanding any other provision hereof,
for any lot in the Village of Fairport zoned for residential purposes:
A. Residents may have two twenty-pound liquefied petroleum
gas cylinders on such lot for use in gas grills used in outdoor-type
cooking or any other recreational-type use.
B. Residents may have no more than two cylinders for
a combined total weight not to exceed 150 pounds, but only in those
areas not served by natural gas. This type of installation may be
used for indoor appliances.
C. The possession and installation of any cylinder under Subsection
A or
B above must meet the standards of the New York State Uniform Fire Prevention and Building Code, and Section 58 of the National Fire Prevention Codes.
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 §
215-16, 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.
Pursuant to Chapter
240, Fees, of the Code of the Village of Fairport, the Village Board from time to time may establish fees and set them forth in a fee schedule. The fees set forth in, or determined in accordance with, such fee schedule or amendments thereto shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy/certificates of compliance, 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 Village Board may, by resolution, authorize
the Mayor of the Village to enter into an agreement, in the name of
the 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.