[HISTORY: Adopted by the Board of Trustees
of the Village of Lake Success 5-4-1942; amended in its entirety 11-13-2006 by L.L. No.
10-2006. Subsequent 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 Village. This chapter
is adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, other state law,
or other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 42-4 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 § 42-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 42-3B of this chapter.
The Superintendent of the Building Department.
An order issued by the Code Enforcement Officer pursuant to § 42-17A 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 § 42-3D of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
A permit issued pursuant to § 42-6 of this chapter. The term "public assembly permit" shall also include a public assembly permit which is renewed, amended or extended pursuant to any provision of this chapter.
An order issued pursuant to § 42-6 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 Lake Success.
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 completion
and public assembly 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 completion and
public assembly permits, and to include in building permits, certificates
of occupancy/certificates of completion and public assembly 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 completion and public assembly 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 Mayor with the consent of 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 Mayor with the consent of 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 Mayor
with the consent of 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.
E.
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Board of Trustees
of this Village.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer. All work authorized by a duly issued building permit shall be performed only on weekdays from 8:00 a.m. to 5:00 p. m. and shall be strictly prohibited on weekends and federal holidays.
[Amended 12-14-2020 by L.L. No. 2-2021]
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 partitions or movable cases less than
five feet nine inches in height;
(3)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(4)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(5)
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
(6)
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. In the event that the proposed
work involves the demolition of a building or structure without a
plan for the construction of a new building or structure, such description
shall include a site plan depicting the restoration of the property
and the disconnection of all utilities, private wells and on-site
septic systems.
[Amended 12-14-2015 by L.L. No. 4-2015]
(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.
(6)
Any additional documents required by the Code Enforcement
Officer to determine that the proposed work will comply with the Uniform
Code and the Energy Code.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a
building permit shall be examined to ascertain whether the proposed
work is in compliance with the applicable requirements of the Uniform
Code and Energy Code. The Code Enforcement Officer shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits
shall be visibly displayed at the work site and shall remain visible
until the authorized work has been completed.
H.
Work to be performed in accordance with construction
documents. All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Code Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Officer determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
I.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. Building permits shall expire 12 months after
the date of issuance. A building permit which has become invalid or
which has expired pursuant to this subsection may be renewed upon
application by the permit holder, payment of the applicable fee, and
approval of the application by the Code Enforcement Officer, but in
no event shall such permit extend beyond two years from the date of
issuance.
J.
Revocation or suspension of building permits. If the
Code Enforcement Officer determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code or the Energy Code, the Code Enforcement Officer shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that all work then completed
is in compliance with all applicable provisions of the Uniform Code
and the Energy Code and all work then proposed to be performed shall
be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 42-18, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
E.
The Code Enforcement Officer may retain, at the expense
of the owner of the property, an architect or engineer to inspect
the work, or a portion thereof, for compliance with the regulations
of the Village or the New York State Uniform Fire Prevention and Building
Code during the course of construction or after construction has been
completed and prior to the issuance of a certificate of occupancy/certificate
of completion.
A.
Authority to issue. The Code Enforcement Officer is
authorized to issue stop-work orders pursuant to this section. The
Code Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code or Energy Code, without regard to whether such work is or is
not work for which a building permit is required, and without regard
to whether a building permit has or has not been issued for such work;
or
(2)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Code Enforcement Officer, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under
a building permit that has become invalid, has expired, or has been
suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall
be in writing, be dated and signed by the Code Enforcement Officer,
state the reason or reasons for issuance, and if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Code Enforcement
Officer shall cause the stop-work order, or a copy thereof, to be
served on the owner of the affected property (and, if the owner is
not the permit holder, on the permit holder) personally or by certified
mail. The Code Enforcement Officer shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 42-17, 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 completion
required. A certificate of occupancy/certificate of completion 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 completion.
B.
Issuance of certificates of occupancy/certificates
of completion. The Code Enforcement Officer shall issue a certificate
of occupancy/certificate of completion 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 completion. 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 completion, shall be provided
to the Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of completion:
(1)
A written statement of structural observations and/or
a final report of special inspections;
(2)
Electrical certification;
(3)
Final survey;
(4)
Flood hazard certifications; and
(5)
A certification from the architect or engineer of
record, duly licensed to practice in the State of New York, stating
that the work performed was done under its general supervision and
control and that based upon observations and knowledge the building
was constructed and/or altered in accordance with the approved filed
plans and the regulations of the Village and the New York State Uniform
Fire Prevention and Building Code.
C.
Contents of certificates of occupancy/certificates
of completion. A certificate of occupancy/certificate of completion
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 completion
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy/certificate
of completion 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 completion and the date
of issuance.
D.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy/certificate
of completion was issued in error because of incorrect, inaccurate
or incomplete information, and if the relevant deficiencies are not
corrected to the satisfaction of the Code Enforcement Officer within
such period of time as shall be specified by the Code Enforcement
Officer, the Code Enforcement Officer shall revoke or suspend such
certificate.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
No person shall engage in the business of plumbing
or as an electrician within the Village until registering with the
Board of Trustees. Any applicant for registration must submit documentary
proof that he/she is a duly licensed plumber or electrician in Nassau
County.
[Added 10-13-2009 by L.L. No. 4-2009]
A.
There is an inherent danger in the installation and use of electrical
energy. This section is enacted to regulate the inspection of installation
and alteration of wiring of electric light, heat or power and signal
systems operating on 50 volts or more in all real property within
the Village of Lake Success, and to allow inspections by outside certified
electrical inspection services.
B.
Electrical inspections shall be made by an approved inspection agency
and shall be done so with the intent that such approval be in the
interests of public safety and in accordance with the latest addition
of the New York State Fire Prevention and Building Code, the National
Electrical Code, NFPA, the Nassau County Fire Marshal's office, LIPA
Red Book standards and all applicable promulgated codes.
C.
The Superintendent of Buildings shall approve an inspection agency
upon the submission of evidence acceptable to the Superintendent that
such agency's Chief Electrical Inspector and electrical inspectors
possess the following qualifications:
(1)
The Chief Electrical Inspector must:
(a)
Meet two or more of the following requirements:
[1]
Be an electrician who satisfies the minimum requirements for
a master electrician's license in Nassau County, with a minimum of
seven years' field experience working for or as a licensed electrician.
[2]
Hold certifications and certificates in the field of electrical
inspections from the International Association of Electrical Inspectors
for one- and two-family dwellings, general and plan review, or equal,
as determined by the Superintendent of Buildings for the Village of
Lake Success.
[3]
Be a New York State licensed professional engineer with at least
five years of field experience in the supervision and design of electrical
installations.
(b)
Hold a certificate of competency, or equal, as determined by
the Superintendent of Buildings for the Village of Lake Success, from
a nationally recognized and accredited electrical inspection testing
agency or organization.
(2)
Electrical inspectors must meet two or more of the following requirements:
(a)
Be a New York State licensed professional engineer with two
years' experience in the electrical industry.
(b)
Be an electrician that satisfies the minimum requirements for
a master electrician's license in Nassau County, or has worked for
a licensed master electrician for at least three years.
(c)
Holds certifications from the International Association of Electrical
Inspectors in one- and two-family dwellings, general or equal, as
determined by the Superintendent of Buildings for the Village of Lake
Success.
D.
A Chief Electrical Inspector must be an officer of the Inspection
Agency and must have a supervisory position to all inspectors. If
the designated Chief Electrical Inspector leaves such inspection agency,
all inspections will be suspended until another approved designee
meets the qualifications and is approved by the Superintendent of
Buildings.
E.
Electrical inspectors must report to the Chief Electrical Inspector.
F.
Neither the Chief Electrical Inspector nor any electrical inspector(s)
may hold an active electrician's license or other accreditation which
may be determined as conflicting with the interest and independence
of the approved inspection agency as it relates to an unbiased ability
to serve the public interest. Any such license/accreditation shall
be made inactive while the inspector is employed by the inspection
agency.
G.
The Chief Electrical Inspector and electrical inspectors shall belong
to a nationally recognized and chartered trade association with continuing
education course and certification programs. Proof of membership and
continuing education for each inspector shall be submitted annually
to the Superintendent of Buildings.
H.
Any inspections of Village facilities and buildings shall be performed
by the inspection agency without charge to the Village.
I.
Insurance.
(1)
An approved inspection agency must maintain:
(a)
General liability for electrical inspections: $3,000,000 per
occurrence.
(b)
Excess general liability for electrical inspections: $7,000,000
per occurrence.
(c)
Total general liability: $10,000,000.
(d)
Professional liability: $3,000,000 per occurrence.
(e)
Automobile liability: $1,000,000.
(f)
Workers' compensation and disability: statutory requirements.
(2)
The Village of Lake Success must be named as certificate holder and
as additional insured on all polices with a fifteen-day notice of
cancellation.
J.
Should the requirements above not be met at any time, the inspection
agency shall immediately cease performing inspections. Before resuming
inspections, it shall be subject to a hearing to determine if it complies
with the requirements to continue as an approved inspection agency.
A.
Inspections; certificates.
(1)
It shall be the duty of the owner of the building
to supply the Code Enforcement Officer with a certificate of inspection
from the elevator manufacturer, insurance company, recognized elevator
maintenance company or a recognized testing agency. The required
inspection and testing shall be made at intervals as follows:
(2)
The certificate shall indicate that the above equipment
is in proper working order and complies with the regulations of the
New York State Building Construction Code and the American National
Standard Safety Code.
(3)
All passenger elevators required to be inspected as
above shall have mirrors installed in the rear of each cab so as to
make the interior thereof visible prior to entering such elevator.
B.
Enforcement.
(1)
If the owner fails to supply the certificates as required,
the Code Enforcement Officer may have said equipment inspected. The
fee for such inspection shall be at the level fixed from time to time
by resolution of the Board of Trustees. Such fee shall be paid by
the owner of the building.
(2)
In the event that an elevator, escalator or dumbwaiter
is not inspected as required herein or in the event that such equipment
is inspected and the Code Enforcement Officer determines that said
equipment is not in good working condition, then the Code Enforcement
Officer shall have the power to issue a written order requiring the
owner to cease the use of said equipment until such time as said equipment
is inspected or until such time as the equipment is in good working
condition, as the case may be.
A.
Definitions; declaration of nuisance.
(1)
UNSAFE BUILDING OR STRUCTURE
(a)
(b)
(c)
(d)
(e)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes the following:
Any building, shed, fence, wall or other structure
which is dangerous to the public health because of its condition,
and which may cause or aid in the spread of disease or injury to the
health of the occupants of it or neighboring structures.
Any building, shed, fence, wall or other structure
which, because of faulty construction, age, lack of proper repair
or any other cause, is especially liable to fire and constitutes or
creates a fire hazard.
Any building, shed, fence, wall or other structure
which, by reason of faulty construction or any other cause, is liable
to cause injury or damage by collapsing or by a collapse or fall of
any part of such structure.
Any building, shed or other structure which,
because of its condition or because of lack of doors or windows, is
available to and frequented by malefactors or disorderly persons who
are not lawful occupants of such structure.
Declaration of nuisance. Any such dangerous
building in the Village is hereby declared to be a nuisance.
B.
Removal or repair. Any building or part of a building,
shed, fence, wall or other structure that, from any cause, may now
be or shall at any time hereafter become dangerous or unsafe shall
be taken down and removed or made safe and secure.
C.
Record and notice. Should the Code Enforcement Officer
become advised, either upon his own observation or upon receipt of
a report, that all or any part of a building, shed, fence, wall or
other structure is unsafe or dangerous, he shall make a written report
of such condition to the Board of Trustees, who shall serve written
notice upon the owner to appear before it and show cause why such
building, shed, fence, wall or structure should not be torn down or
made safe. The Board of Trustees, after such hearing and upon advice
from the Code Enforcement Officer, shall have full authority to order
such building, shed, fence, wall or other structure demolished, altered
or repaired or otherwise made safe and secure, and the owner, upon
receipt of such determination by the Board of Trustees, shall immediately
proceed to effect such demolition, alteration or repairs, and he shall
file an application, drawings and specifications with the Code Enforcement
Officer showing in detail the work to be done.
D.
Action upon noncompliance by owner; costs to become
lien. In the event that the owner fails to comply with the order of
the Board of Trustees within the time limit specified by the Board
of Trustees, then the Village shall take whatever action it deems
necessary to make such building, shed, fence, wall or other structure
safe and secure, and the cost of such action shall be paid by the
owner to the Village upon demand, or such amount shall become a lien
on the property.
A.
Public assembly permits required. Public assembly permits shall be required for buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain a public assembly permit prior to commencing such activity or operation.
B.
Applications for public assembly permits. An application
for a public assembly permit shall be in writing on a form provided
by or otherwise acceptable to the Code Enforcement Officer.
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 a public assembly permit.
D.
Duration of public assembly permits. Public assembly
permits shall remain in effect until reissued, renewed, revoked, or
suspended.
E.
Revocation or suspension of public assembly permits.
If the Code Enforcement Officer determines that any activity or building
for which a public assembly permit was issued does not comply with
any applicable provisions of the Uniform Code, such public assembly
permit shall be revoked or suspended.
F.
Fee. The fee specified in or determined in accordance
with the provisions set forth in the fee schedule must be paid at
the time submission of an application for a public assembly permit,
for an amended public assembly permit, or for reissue or renewal of
a public assembly permit.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Code Enforcement Officer or an inspector designated by the Code Enforcement
Officer at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any
other provision of this chapter shall supersede, limit or impair the
powers, duties and responsibilities of the New York State Office of
Fire Prevention and Control ("OFPC") and the New York State Fire Administrator
under Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Code Enforcement Officer shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other local law or regulation adopted for
administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the
following steps as the Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 42-17, 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 completion, stop-work orders, and public assembly permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All other features and activities specified in or contemplated by §§ 42-4 through 8, inclusive, of this chapter; and
(9)
All fees charged and collected.
B.
All such records shall be public records open for
public inspection during normal business hours. All plans and records
pertaining to buildings or structures, or appurtenances thereto, shall
be retained for at least the minimum time period so required by state
law and regulation.
A.
The Code Enforcement Officer shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 42-15, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit
to the Secretary of State, on behalf of this Village, on a form prescribed
by the Secretary of State, a report of the activities of this Village
relative to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of
the New York State Department of State, provide to the New York State
Department of State, from the records and related materials this Village
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Village
in connection with administration and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is
authorized to order, in writing, the remedying of any condition or
activity found to exist in, on or about any building, structure, or
premises in violation of the Uniform Code, the Energy Code, or this
chapter. Upon finding that any such condition or activity exists,
the Code Enforcement Officer shall issue a compliance order. The compliance
order shall be in writing; be dated and signed by the Code Enforcement
Officer; specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter; specify the provision or provisions
of the Uniform Code, the Energy Code, or this chapter which is/are
violated by the specified condition or activity; specify the period
of time which the Code Enforcement Officer deems to be reasonably
necessary for achieving compliance; direct that compliance be achieved
within the specified period of time; and state that an action or proceeding
to compel compliance may be instituted if compliance is not achieved
within the specified period of time. The Code Enforcement Officer
shall cause the compliance order, or a copy thereof, to be served
on the owner of the affected property personally or by certified mail.
The Code Enforcement Officer shall be permitted, but not required,
to cause the compliance order, or a copy thereof, to be served on
any builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work being performed at the affected property personally
or by certified mail; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code or this chapter, or any term or condition of
any building permit, certificate of occupancy/certificate of completion,
stop-work order, public assembly 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 less than $2,000,
nor more than $10,000, 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.
[Amended 11-18-2021 by L.L. No. 13-2021]
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 completion, stop-work order, public assembly
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 § 42-6, 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 § 42-6, 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 § 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.
[Amended 12-12-2022 by L.L. No. 5-2022]
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, certificates
of occupancy/certificates of completion, public assembly permits,
fire safety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
B.
Where an
application is made for approval or authorization of an activity after
the activity already has commenced or has been completed, the fee
for the application shall be three times the fee specified in the
fee schedule established by the Board of Trustees.
The Board of Trustees 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, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.
