[HISTORY: Adopted by the Town Board of the Town of Inlet 10-10-2006
by L.L. No. 2-2006. Amendments noted where applicable.]
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
Town. 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 this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
A permit issued pursuant to § 77-4 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 § 77-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 77-3B of this chapter.
Includes the Code Enforcement Officer and all Inspectors.
An order issued by the Code Enforcement Officer pursuant to § 77-15A 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 § 77-3D of this chapter.
A permit issued pursuant to § 77-10 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.
Include 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 § 77-6 of this chapter.
A certificate issued pursuant to § 77-7D of this chapter.
The Town of Inlet.
The New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
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 application
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 or certificates of
compliance, temporary certificates and operating permits, fire safety 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 Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town'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
Town Board. 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 there under.
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 Town
Board 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 Town Board
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 there under.
E.
The compensation for the Code Enforcement Officer and
Inspectors shall be fixed from time to time by the Town Board of this Town.
A.
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.
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;
(2)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings where such pools
are designed for a water depth of less than 24 inches and are installed entirely
above ground;
(3)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(4)
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids, as defined in Chapter 34 of the Fire Code of New York State
(5)
Construction of temporary motion picture, television
and theater stage sets and scenery;
(6)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(7)
Installation of partitions or movable cases less than
5' 9" in height;
(8)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(9)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(10)
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
(11)
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.
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 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 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 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.
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.
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.
Building permits shall become invalid unless the authorized
work is commenced within 12 months following 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.
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 (1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy Code and
(2) 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 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.
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.
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.
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.
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.
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 registered 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 registered mail;
provided, however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the stop-work order.
D.
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.
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 § 77-15, 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.
A certificate of occupancy or 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 or certificate of compliance.
B.
The Code Enforcement Officer shall issue a certificate
of occupancy or 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, that the structure,
building or portion thereof that was converted from one use or occupancy classification
or subclassification to another complies with all applicable provisions of
the Uniform Code 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 or 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 or certificate
of compliance, shall be provided to the Code Enforcement Officer prior to
the issuance of the certificate of occupancy or certificate of compliance:
C.
A certificate of occupancy or 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 or certificate of compliance
is not applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or 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 or certificate of compliance and the date of
issuance.
D.
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 (1) that the building or structure, or the portion thereof covered
by the temporary certificate, may be occupied safely, (2) that any fire- and
smoke-detecting or fire protection equipment which has been installed is operational,
and (3) 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.
If the Code Enforcement Officer determines that a certificate
of occupancy, a 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.
The chief of any fire department providing fire fighting services for
a property within the Town of Inlet 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 Town shall be identified and
addressed in accordance with the following procedures:
A.
Investigation and report. The Code Enforcement Officer,
when in his own opinion or upon receipt of information that a building is
or may become dangerous or unsafe to the general public; is open at the doorways
and windows making it accessible to and an object of attraction to minors
under 18 years of age as well as to vagrants and other trespassers; is or
may become a place of rodent infestation; presents any other danger to the
health, safety, morals and general welfare of the public, or is unfit for
the purpose for which it may lawfully be used, shall cause or make an inspection
thereof and report in writing to the Town Board its findings and recommendations
in regard to its repair or demolition and removal.
B.
Order for repair or demolition. The Town Board shall
thereupon consider such report and by resolution determine, if in its opinion
the report so warrants, that such building is unsafe and dangerous and order
its repair if the same can be safely repaired or its demolition and removal,
and further order that an unsafe building notice be served upon the persons
and in the manner provided herein.
C.
Contents of notice. The unsafe building notice shall
contain:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building
is unsafe or dangerous;
(3)
A report outlining the manner in which the building is
to be made safe and secure or demolished and removed;
(4)
A statement that the securing or removal of such building
shall commence within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall be
extended;
(5)
A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than 10 business days from the date of service of the
notice; and
(6)
A statement that in the event of neglect or refusal to
comply with the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its demolition and removal, to assess all
expenses thereof against the owner and to institute a special proceeding to
collect the costs of demolition, including legal costs.
D.
Service of notice. The unsafe building notice shall be
personally served, or a copy thereof, upon the owner, executor, administrator,
agent, lessee, or any person having a vested interest or contingent interest
in such unsafe building as shown by the records of the Assessor or of the
County Clerk; or if no such person can be reasonably found, by mailing to
such owner by registered mail a copy of such notice directed to his last known
address as shown by the above records and by personal service of a copy of
such notice upon any adult person residing in or occupying such premises if
such person can be reasonably found. In either of the above cases, a copy
of such notice shall be affixed securely upon the unsafe building.
E.
Filing in office of County Clerk. A copy of the notice
served as provided herein shall be filed in the office of the Hamilton County
Clerk.
F.
Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in the case of an emergency as provided in Subsection H, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
G.
Recovery of cost. All expenses incurred by the Town in
connection with the proceedings to repair and secure or demolish and remove
the unsafe building, including the cost of actually removing such building,
and all reasonable and necessary legal expenses incidental thereto, shall
at the option of the Town Board, either:
(1)
Be assessed against the land on which such building is
located and shall be levied and collected in the same manner as provided for
the levy and collection of a special ad valorem levy; or
(2)
Commence a special proceeding against the owner of said
unsafe or dangerous building or structure pursuant to General Municipal Law
§ 78-b.
H.
Emergencies. Where it reasonably appears that there is a clear and imminent danger to life, safety, or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be recovered as provided in Subsection G hereof.
A.
Activities requiring operating permits.
(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 by-product, 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 Town Board of this Town.
B.
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.
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.
In any circumstance in which more than one activity listed in Subsection A(1) 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.
Operating permits shall remain in effect until reissued,
renewed, revoked, or suspended.
F.
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.
Fire safety 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)
Fire safety 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)
Fire safety and property maintenance inspections of buildings
or structures being occupied as dormitories shall be performed at least once
every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety 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:
(1)
The request of the owner of the property to be inspected
or an authorized agent of such owner;
(2)
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
(3)
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.
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.
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, ordinance, 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 § 77-15, 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 monthly submit to Town Board and Planning Board of this Town 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 § 77-13, 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 Town, on a form prescribed by the
Secretary of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
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 Town is required to
maintain, excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Town in connection with administration
and enforcement of the Uniform Code.
A.
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 (1) be in writing; (2) be dated and signed by the
Code Enforcement Officer; (3) specify the condition or activity that violates
the Uniform Code, the Energy Code, or this chapter; (4) 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; (5) specify the period
of time which the Code Enforcement Officer deems to be reasonably necessary
for achieving compliance; (6) direct that compliance be achieved within the
specified period of time; and (7) state that an action or proceeding to compel
compliance may be instituted if compliance is not achieved within the specified
period of time. The 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 registered 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 registered
mail; provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the compliance order.
B.
The Code Enforcement Officer and each Inspector are authorized
to issue appearance tickets for any violation of the Uniform Code.
C.
In addition to those penalties proscribed 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
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 Town.
D.
An action or proceeding may be instituted in the name
of this Town, 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, an
action or proceeding may be commenced in the name of this Town, 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 Town Board of this Town.
E.
No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 77-6, 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 § 77-6, 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 § 381 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 § 381 of the Executive Law.
A fee schedule shall be established by resolution of the Town Board
of this Town. 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, certificates
of compliance, temporary certificates, operating permits, fire safety and
property maintenance inspections, and other actions of the Code Enforcement
Officer described in or contemplated by this chapter.
The Town Board of this Town may, by resolution, authorize the Town Supervisor
of this Town to enter into an agreement, in the name of this Town, 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.
The provisions in existing Local Law No. 1 of 1976 (Unsafe Buildings)
and Local Law No. 2 of 1989 (Code Enforcement) are hereby repealed, and said
provisions are replaced by this chapter.