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:
BUILDING PERMIT
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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
OPERATING PERMIT
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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
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 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.
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 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.