This chapter provides for the administration
and enforcement of the New York State Codes (Building Code, Energy
Conservation Construction Code, Fire Code, Fuel Gas Code, Mechanical
Code, Plumbing Code, Property Maintenance Code and Residential Code
of New York State) (hereinafter "the Codes") in the Village of Maybrook
("Village"). This chapter is enacted pursuant to § 10 of
the Municipal Home Rule Law. Except as otherwise provided in the Code,
other New York State law, or other section of this chapter, all buildings,
structures, and premises, regardless of use or occupancy, situated
in the Village are subject to the provisions of this chapter.
In this chapter, the following terms shall be
defined as set forth below:
BUILDING PERMIT
A permit issued pursuant to 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.
COMPLIANCE ORDER
This shall mean an order issued by the Code Enforcement Officer pursuant to §
99-15A of this chapter, including an order to remedy and notice of violation.
INSPECTOR
A Deputy Building Inspector or the Code Enforcement Officer
of the Village.
OPERATING PERMIT
A permit issued pursuant to §
99-10 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
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 that
owns, leases or otherwise occupies real property or who has contracted
with such owner, tenant or occupant of real property to provide construction
or demolition services in connection with such real property.
UNIFORM CODE or CODE
The New York State Building Code, Energy Conservation and
Construction Code, Fire Code, Fuel Gas Code, Mechanical Code, Plumbing
Code, Property Maintenance Code and Residential Code, as currently
in effect and as hereafter amended from time to time.
The Chief of the Fire Department providing fire-fighting
services for real property within the Village shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter
81 of the Code of the Village of Maybrook, as now in effect or as hereafter amended from time to time, and by applicable provisions of the Property Maintenance Code and the Fire Code of New York State.
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 Code, this chapter, or
any other chapter or regulation adopted by the Village for administration
and enforcement of the 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, serving 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 the Enforcement; penalties for offenses section of this chapter;
C. If appropriate, a stop-work order;
D. If a violation which is 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.
[Amended 3-23-2015 by L.L. No. 3-2015]
A. Compliance with orders.
(1) The Code Enforcement Officer is authorized to order in writing the
correction of any condition or activity found to exist in, on or about
any building, structure, or premises in violation of the Code and
this chapter. Upon finding that any such condition or activity exists,
the Code Enforcement Officer shall issue an order to remedy. The order
to remedy shall:
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Code or
this chapter;
(d)
Specify the provision or provisions of the Code and this chapter
which is/are violated by the specified condition or activity;
(e)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance, which shall
be fixed at 30 days following the date of the order to remedy, or
such lesser period of time which the Code Enforcement Officer, upon
supporting reasons set forth in writing, deems to be reasonably necessary
for achieving compliance;
(f)
Specify such date that compliance shall be achieved, which must
in any event be fully achieved and remedied within 30 days of the
date of the order;
(g)
Direct that compliance be achieved within the specified period
of time;
(h)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time; and
(i)
Contain a statement substantially similar to the following:
"NOTICE: Full compliance with this order to remedy is required
by [specify date], which is 30 days after the date of this order,
unless a different date is specified with supporting reasons therefor.
If the person or entity served with this order to remedy fails to
comply in full with this order to remedy within the thirty-day period,
or such other date as noted herein, that person or entity will be
subject to a fine of not more than $1,000 per day of violation, or
imprisonment not exceeding one year, or both."
(2) The Code Enforcement Officer shall cause the order to remedy, or
a copy thereof, to be served on the owner of the affected property,
personally or by registered mail or certified mail, within five days
of the date of the order. 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 or certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not impair the enforceability of the compliance order.
B. Appearance tickets. The Code Enforcement Officer and the Deputy Building
Inspector are authorized to issue appearance tickets for any violation
of this chapter and the Village Code.
C. Civil penalties. In addition to those penalties prescribed by State
law, any person who violates any provision of the Code or this chapter,
or any term or condition of any building permit, certificate of occupancy,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Code Enforcement Officer, 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 any action or proceeding
instituted in the name of the Village in the Village Court or Supreme
Court for violations prosecuted by the Code Enforcement Officer.
D. Injunctive relief. An action or proceeding in equity may be instituted
in the name of the Village, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Code or this chapter or any term
or condition of any building permit, certificate of occupancy, temporary
certificate, stop-work order, operating permit, order to remedy, 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 Code, this chapter, or any
stop-work order, order to remedy or other order obtained under the
Code or this chapter, an action or proceeding may be commenced in
the name of the Village, in the Supreme Court or in any other court
having jurisdiction, to obtain an order compelling the removal of
the building or structure or an abatement of the violations of such
provisions. No action or proceeding described in this subsection shall
be commenced without authorization by the Board of Trustees.
E. Any person, firm or corporation who or which violates any provision
of the Code or any rule or regulation of this chapter, or the terms
or conditions of any certificate of occupancy issued by the Building
Inspector, shall be liable to a fine of not more than $1,000 for each
day that the violation continues, or imprisonment not exceeding one
year, or both. Any corporation that is guilty of violating this chapter
or the Code may be subject to a fine equal to twice the amount of
profit that such corporation made arising from such violations, as
provided in § 80.10 of the Penal Law of the State of New
York.
F. Remedies not exclusive. The remedies and penalties specified in this
section shall not be the exclusive remedies or penalties available
to enforce compliance with the Code, 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 the stop-work orders section 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 the stop-work orders section 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.
G. Prohibited acts; penalties for offenses.
(1) It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, demolish, equip, use, occupy or maintain any
building or structure or portion thereof in violation of any provision
of this chapter or to fail to comply with a notice or order of the
Code Enforcement Officer or to conduct, alter, use or occupy any building
or structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
(2) In each offense against any of the provisions of the Code or this chapter, or any regulations made pursuant thereto, a failure to comply with a written notice or order of the Code Enforcement Officer within the time allowed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part in or assists in the commission of any such offense or who shall fail to comply with a written order or notice shall be guilty of a violation, punishable as provided in Chapter
1, General Provisions, Article
II, Penalties for Offenses, in addition to the other remedies provided in this chapter. Such fine may be imposed for each offense. Each day the violation continues after issuance of the notice of violation shall be a separate offense for which an additional fine may be imposed.
A person owning, operating, occupying or maintaining
real property within the jurisdiction of this chapter shall comply
with all applicable provisions of the Code, this chapter and all orders,
notices, rules, regulations and permits issued in connection therewith.
Any such violation shall be an offense.
A fee schedule shall be established by resolution
of the Board of Trustees, without a public hearing. Such fee schedule
may thereafter be amended from time to time by like resolution, without
a public hearing. 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, temporary certificates, operating permits; firesafety
and property maintenance inspections; and other actions of the Code
Enforcement Officer described in this chapter.
The Board of Trustees of the Village may, by
resolution, authorize the Mayor to enter into an agreement, in the
name of the Village, with other subdivisions of government to carry
out the terms of this chapter, provided that such agreement does not
violate any provision of the Code, Part 1203 of Title 19 of the NYCRR,
or any other applicable law.