[HISTORY: Adopted by the Board of Trustees of the Village of North
Syracuse 8-9-2007 by L.L. No. 4-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 94.
Fire prevention — See Ch. 115.
Subdivision of land — See Ch. 205.
Zoning — See Ch. 240.
[1]
Editor's Note: This local law also superseded former Ch. 91,
Building Construction and Fire Prevention Code Administration, adopted 11-9-2006
by L.L. No. 2-2006.
A.
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.
B.
This chapter shall be known as the "New York State Uniform
Fire Prevention and Building Code and the State Energy Conservation Construction
Code."
As used in this chapter, the following terms shall have the meanings
indicated:
A permit issued pursuant to § 91-4 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.
A certificate issued pursuant to § 91-8B of this chapter.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 91-16A 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 § 91-3D of this chapter.
A permit issued pursuant to § 91-11 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, association, or any other legal
or commercial entity of any kind or description.
An order issued pursuant to § 91-7 of this chapter.
A certificate issued pursuant to § 91-8D 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 North Syracuse.
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/certificates of compliance,
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/certificates of compliance, 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 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/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 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 the
Board of Trustees of this Village. 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 the Board
of Trustees of this Village 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 the Board
of Trustees of this Village 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. Inspectors shall have the following powers and duties:
(1)
To report to the Code Enforcement Officer all violations
of or deviations from or omissions of the electrical provisions of the New
York State Uniform Fire Prevention and Building Code and the Municipal Code.
The inspector shall make inspections and reinspections of electrical installations
in and on properties in the Village upon the written request of the Code Enforcement
Officer or Fire Marshal as herein provided.
(2)
To make inspections and reinspections of electrical wiring
installations, devices, appliances and equipment in and on properties within
the Village where the inspector deems it necessary for the protection of life
and property, with the exception of single-family dwellings. He shall inspect
single-family dwellings only upon request of the Fire Marshal.
(3)
In the event of an emergency, it is the duty of the inspector
to make electrical inspections upon the oral request of an official or officer
of the Village.
(4)
To furnish written reports to the proper officials of
the Village and owners and/or lessees of property where defective electrical
installations and equipment are found upon inspection.
(5)
Authorize the issuing of a certificate of compliance
when electrical installations and equipment are in conformity with the New
York State Uniform Fire Prevention and Building Code or with the Code of this
Village, and shall direct that a copy of the certificate of compliance be
sent to the Code Enforcement Officer.
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.
F.
No officer or employee of the Codes Enforcement Office
of this Village shall engage in any activity inconsistent with his or her
duties or with the interests of the Codes Enforcement office, nor shall such
officer or employee, during the term of his or her employment, be engaged
directly or indirectly in any building business, in the furnishing of labor,
materials or appliances for the construction, alteration or maintenance of
a building or the preparation of plans or specifications thereof within the
Village, excepting only that this provision shall not prohibit any employee
from such activities in connection with the construction of a building or
structure owned by him or her and not constructed for sale.
G.
No official or employee of the Codes Enforcement Office
of this Village shall, while acting pursuant to the provisions of this chapter,
be personally liable for any damage that may accrue to persons or property
as the result of any act required or permitted in the discharge of his or
her official duties, provided that such acts are performed in good faith and
without gross negligence.
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)
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 are designed for a water depth of less than 24 inches and are installed
entirely above ground;
(3)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(4)
Installation of partitions or movable cases less than
five feet nine inches in height;
(5)
Painting, wallpapering, tiling, carpeting or other similar
finish work;
(6)
Installation of listed portable electrical, plumbing,
ventilation or cooling equipment or appliances;
(7)
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
(8)
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 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 C of this section is ready for inspection.
B.
Any building official, upon showing of proper credentials
and in the discharge of his or her duties, may enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere with or
prevent such entry.
C.
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;
(10)
A final inspection after all work authorized by the building
permit 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
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.
Private inspection agencies are hereby authorized and
deputized as agents of the Village to conduct electrical inspections and reinspections
of all electrical installations and to report evidence of compliance with
or violations of the National Electric Code to the Code Enforcement Officer
after approval and filing of the following with the Code Enforcement Officer.
In no event shall any inspection or reinspection bear any cost or charge against
the Village.
B.
Private inspection agencies shall submit to the Code
Enforcement Officer the following:
(1)
A certificate of professional liability insurance indemnifying
the Village to the limit of at least $1,000,000 in the event of mistake or
negligent inspection or certification.
(2)
A certificate of insurance establishing that the agency
has in place general liability insurance, automobile insurance, umbrella liability,
workmens' compensation and such other insurance in such amounts as the
Village Board may from time to time specify. The Village is to be an additional
named insured on such policy.
(3)
A completed information application on the forms provided
by the Code Enforcement Officer that shall indicate the proposed inspector's
name, address, telephone number, place of business and business telephone
number and shall include an affidavit certifying that the proposed inspector
does not have any interest in a retailer or wholesaler of electrical equipment
or that he or she will not engage in the provision of labor or materials for
the installation of electrical wiring or equipment in the Village, except
in his or her own residence, and qualifications which make him or her suitable
to conduct inspections of electrical wiring and equipment.
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 real property (and, if the owner is not the permit holder,
on the permit holder) personally, by regular mail, by registered mail, by
certified mail or by any combination thereof. 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 registered
mail or 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 § 91-16, 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/certificates of compliance
required. 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 Code Enforcement Officer shall issue a certificate of occupancy/certificate
of compliance 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/certificate of compliance. 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/certificate
of compliance, shall be provided to the Code Enforcement Officer prior to
the issuance of the certificate of occupancy/certificate of compliance:
C.
Contents of certificate of occupancy/certificate 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 Code Enforcement Officer issuing
the certificate of occupancy/certificate of compliance, 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/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 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.
F.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 91-17, Fees, of this chapter must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.
G.
Tests. Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform to
the requirements of this Code or other applicable building laws, ordinances,
rules or regulations, the Code Enforcement Officer may require the same to
be subjected to tests in order to furnish proof of such compliance.
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.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter 94 of the Village of North Syracuse Code, as now in effect or as hereafter amended.
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 Table 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 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)
Uses 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 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 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 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.
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 the 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 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 § 91-16, 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/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 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 transaction and activities described in § 91-14, 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 the 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.
(1)
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:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
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;
(e)
Specify the period of time which the Code Enforcement
officer deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified
period of time; and
(g)
State that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified period
of time.
(2)
The Code Enforcement Officer shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected property
personally, by regular mail, by registered mail, by certified mail or by any
combination thereof. 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, by regular mail,
by registered mail, by certified mail or by any combination thereof; 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 is 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/certificate of compliance, 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
for a civil penalty of not more than $250 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/certificate of compliance,
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 § 91-7, 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 § 91-7, 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.
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, certificate of
occupancy/certificate 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.
B.
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50% of the
fee paid, provided that no construction has been commenced. If construction
work has started and the application is not approved, the fee(s) paid shall
not be refunded.
The Board of this Village may, by resolution, authorize the Mayor 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,
19 NYCRR Part 1203, or any other applicable law.
