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 the Village of Geneseo. 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:
BUILDING PERMIT
A permit issued pursuant to §
61-4 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 §
61-10 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
Includes 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 Codes including the Fire Code,
Building Code, Residential Code, Existing Building Code, Plumbing
Code, Mechanical Code, Fuel Gas Code, Property Maintenance Code and
the Energy Code as currently in effect and as hereafter amended from
time to time.
[Amended 5-28-2009 by L.L. No. 2-2009]
The Chief or his/her designee 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, gas vent or any electric service.
Unsafe structures and equipment in the Village
of Geneseo shall be identified and addressed in accordance with the
following:
A. A building or structure or part thereof which is an
imminent danger to the life and safety of the public as a result of
a fire or explosion is hereby declared to be a public nuisance.
B. Whenever the Fire Prevention Code 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 Fire Prevention Code 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.
C. The Fire Prevention Code 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.
D. Except for the owner, no person shall enter premises
which have been ordered vacated unless authorized to perform inspections,
repairs or to demolish and remove such building or structure or part
thereof.
E. All costs and expenses incurred by the Village of
Geneseo 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 expenses 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 be and constitute a lien upon such land. If
the owner shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
collect such assessment or to foreclose such lien. As an alternative
to the maintenance of any such action, the Fire Prevention Code inspector
may file a certificate of the actual expenses incurred as aforesaid,
together with a statement identifying the property in connection with
which the expenses were incurred and the owner thereof, with the assessor,
who shall, in the preparation of the next assessment roll, assess
such amount upon such property. Such amount shall be included in the
levy against such manner, by the same proceedings, at the same time
and under the same penalties as are provided by law for the collection
and enforcement of real property taxes in the Village of Geneseo.
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 §
61-15 (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 Village Board of Trustees. 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, firesafety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this chapter.
The Village Board of Geneseo may, by resolution,
authorize the Mayor of Geneseo to enter into an agreement, in the
name of the 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.