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 Town of Shandaken. 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 §
74-4 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.
CITY
The City of Shandaken.
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 §
74-10 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.
TOWN
The Town of Shandaken.
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 Shandaken 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 the Town of Shandaken shall be identified and addressed in accordance with the procedures set forth in the Town of Shandaken Codebook Chapter
65, now in effect or as hereafter amended.
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 §
74-15, 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 fee schedule shall be established by resolution
of the Town Board of the Town of Shandaken. 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 or 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.