§ 52-1Statement of purpose.
§ 52-2Administrative official designated.
§ 52-3Inspection and report.
§ 52-4Compliance required; violation orders.
§ 52-5Removal of dangerous buildings; costs.
§ 52-6Open burning on balconies of multiple dwellings.
§ 52-7Prosecution as violation; enforcement by injunction.
This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Village of Manlius, New York, and shall establish powers, duties and responsibilities in connection therewith.
There is hereby created in the village an official position of Fire Inspector, the number of which shall from time to time be determined by resolution of the Village Board. The position of Fire Inspector shall be filled pursuant to the provisions of Article 4 of the Village Law.
It shall be the duty of the Building Inspector and the Fire Inspector to enforce the provisions of the New York State Uniform Fire Prevention and Building Code within the village.
The Fire Inspector shall conduct inspections of all areas of public assembly, as defined in Part 606 of Title 9 of the New York Codes, Rules and Regulations, at least once each calendar year for the purpose of determining compliance with the fire-safety requirements of the Uniform Code.
The Fire Inspector shall conduct periodic inspections of all other buildings, including all nonresidential occupancies and multiple dwellings, for compliance with the provisions of the Uniform Code. Such inspection may be made at any reasonable time.
The Fire Inspector shall conduct an inspection of a building or dwelling unit for the purpose of determining compliance with the Uniform Code at any other time in regards to a bona fide complaint as to conditions or activities allegedly failing to comply with the Uniform Code.
In the event that entrance to the premises for the purpose of inspection is refused or cannot be obtained, the Fire Inspector may apply to the Village Justice for a warrant to make an inspection.
The Fire Inspector shall prepare and maintain a written report of the results of each inspection and a record of all fees charged and collected in relation thereto. In the event that the Fire Inspector deems that a violation of the Uniform Code exists, he shall submit a duplicate original of his report to the Building Inspector. Such report shall be verified at the request of the Building Inspector.
Any person owning, operating, occupying or maintaining property or premises within the scope of the New York State Uniform Fire Prevention and Building Code or this chapter shall comply with all the provisions of the New York State Uniform Fire Prevention and Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
Whenever the Fire Inspector determines that there has been a violation of the New York State Uniform Fire Prevention and Building Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued by the Building Inspector to the person or persons responsible.
Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.
Violation orders shall be served either by personal service or by mailing, by certified mail, and by posting a copy thereof in a conspicuous place on the subject premises.
In the event that the violation has not been remedied upon the date when time for appeal has expired, the Building Inspector shall commence enforcement proceedings as hereinafter provided.
Whenever the Fire Inspector finds a building or structure, or part thereof, to be an imminent danger to the life and safety of the public as a result of a fire or explosion, the Building Inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
The Fire Inspector may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. Except for the owner, no person shall enter a premises which has been ordered vacated unless authorized to perform inspections or repairs or to demolish and remove such building or structure or part thereof.
All costs and expenses incurred by the village in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expense shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall constitute a lien upon the subject real property. In the event that the owner shall fail to pay for such expense within 10 days after the bill is presented or posted, action may be commenced to collect such assessment or to foreclose such lien. As an alternative to the maintaining of such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid with the Village Clerk-Treasurer, together with a statement identifying the property in connection with which the expenses were incurred. The Village Clerk-Treasurer shall present the certificate to the Board of Trustees, which may order the addition of such amount to the next tax roll of the village. Such amount shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the village.
It shall be unlawful to have open burning produced by the use of barbecues, gas grills, stoves or the like on, above or below balconies or porches of multiple dwellings.
The foregoing restriction shall be made a part of all leases and other rental agreements hereafter made for space in multiple dwellings located within the Village of Manlius.
A violation of the New York State Uniform Fire Prevention and Building Code or of this chapter shall be deemed to be a violation within the meaning of the Penal Law. Each day that such violation continues shall constitute a separate violation.
The provisions of the New York State Uniform Fire Prevention and Building Code and this chapter may be enforced by injunction.
The Building Inspector is hereby empowered to commence prosecution as a violation for violation of the New York State Uniform Fire Prevention and Building Code and of this chapter in the Village Court. Should the Building Inspector determine that enforcement of the New York State Uniform Fire Prevention and Building Code and this chapter will be more effective by injunction than by prosecution, the Building Inspector shall make request for such action to the Village Board.