[Adopted 3-6-2007 by L.L. No. 1-2007 (Ch.
108 of the 2003 Code)]
The purpose of this article is to establish
the procedure and means for the enforcement and administration of
the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) and of all codes, regulations, standards, ordinances
and other controls pertaining to the use, location, occupancy, design,
materials, construction, alteration, repair, equipment, removal and
demolition of all buildings and structures or facilities thereof in
the Town of Thompson, exclusive of the Village of Monticello, Sullivan
County, New York.
As used in this article, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 113-40 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
A certificate issued pursuant to § 113-43B of this article.
The Code Enforcement Officer appointed pursuant to § 113-39B of this article.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 113-51A of this article.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 113-39D of this article.
A permit issued pursuant to § 113-46 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 113-42 of this article.
A certificate issued pursuant to § 113-43D of this article.
The Town of Thompson.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
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 article.
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, temporary certificates
and operating permits, and the plans, specifications and construction
documents submitted with such applications, for the use, location,
alteration, removal, demolition, occupancy and maintenance of buildings,
structures or facilities thereof;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, temporary certificates and operating
permits, and to include in building permits, certificates of occupancy,
temporary certificates and operating permits such terms and conditions
as the Code Enforcement Officer may determine to be appropriate; or,
in the case of noncompliance with the governing code, regulation,
standard or ordinance, to refuse to issue a building permit, certificate
of occupancy, temporary certificate or operating permit and to give
written notice of such refusal and reasons therefor to the applicant;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy, temporary
certificates and operating permits, firesafety and property maintenance
inspections, inspections incidental to the investigation of complaints,
and all other inspections necessary to carry out his duties required
or permitted under any provision of this article;
(4)
When an infraction of the governing code, standard
or ordinance has been established, to serve the owner, lessee, agent
or contractor with a written notice of violation and to state the
required remedial action, and where remedial action has not resulted
from such notice, to report the same to the Town Board so that the
Board may institute proper legal steps for enforcement;
(5)
To issue stop-work orders;
(6)
To review and investigate complaints;
(8)
To maintain records;
(9)
To collect fees as set by the Town Board of this Town;
(10)
To have the right, in discharge of his duties
and upon showing his credentials, to enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere
with or prevent such entry;
(11)
In consultation with the Town's attorney, to
pursue such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this article, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this article; and
(12)
To exercise all other powers and fulfill all
other duties conferred upon the Code Enforcement Officer by this article.
B.
The Code Enforcement Officer shall be appointed by
the Town Board to serve at the pleasure of said Board at a compensation
to be fixed by the Board. The Code Enforcement Officer shall be a
person who shall have had a least three years' experience in the construction
field as an architect, building contractor, building inspector or
engineer and 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 Town Board 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 article.
D.
One or more inspectors may be appointed by the Town
Board to serve at the pleasure of said Board at a compensation to
be fixed by the Board, 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 article. 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 Building Inspector shall not engage in any activity
inconsistent with his duties for the Town, nor during the time of
his employment shall he be engaged, directly or indirectly, in any
building business, furnishing of labor, material or equipment for
the construction, alteration or maintenance of a building, or the
preparation of plans or specifications thereof, within the Town of
Thompson, except only that this provision shall not prohibit such
inspector from such activities in connection with the construction
of a building or structure owned by him.
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.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 144 square feet (13.38 square meters);
(2)
Installation of swings and other playground equipment
associated with one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
Installation of swimming pools associated with one-
or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches
and are installed entirely above the ground;
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5)
Construction of retaining walls, unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television
and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(10)
Installation of listed portable electrical,
plumbing, heating, ventilation or cooling equipment or appliances;
(11)
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
(12)
Ordinary nonstructural repairs, provided that
such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
road, 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 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;
(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.
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) 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 permit. 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 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. A building permit shall become void six
months from the date of issuance. The building permit may be renewed,
if substantial progress has been made since the date of issuance,
for one additional six-month period upon authorization of the Building
Inspector and upon payment of a fee as set by the Town Board. If the
additional six-month renewal expires and the structure is not completed,
a new application must be filed with the required fees in effect at
that time. For those structures which exceed 5,000 square feet where
substantial progress has been made since the date of the first permit
renewal, upon payment of a fee as set by the Town Board, the permit
may be extended for an additional six-month period. If the additional
six-month renewal expires and the structure is not completed, upon
application to the Town Board, the Town Board may authorize renewal
of the building permit for additional six-month periods, at the Board's
discretion, upon payment of a fee as set by the Town Board for each
six-month renewal.
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.
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 § 113-51, Enforcement; penalties for offenses, of this article 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 required. A certificate
of occupancy 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.
B.
Issuance of certificates of occupancy. The Code Enforcement
Officer shall issue a certificate of occupancy 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.
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, shall be provided to the Code Enforcement
Officer prior to the issuance of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate
of occupancy 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 is not applicable
to an entire structure, a description of that portion of the structure
for which the certificate of occupancy 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 and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer
shall be permitted to issue a temporary certificate allowing the temporary
occupancy of a building or structure, or a portion thereof, prior
to completion of the work which is the subject of a building permit.
However, in no event shall the Code Enforcement Officer issue a temporary
certificate unless the Code Enforcement Officer determines that the
building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely, that any fire- and smoke-detecting
or fire protection equipment which has been installed is operational,
and that all required means of egress from the building or structure
have been provided. The Code Enforcement Officer may include in a
temporary certificate such terms and conditions as he or she deems
necessary or appropriate to ensure safety or to further the purposes
and intent of the Uniform Code. A temporary certificate shall be effective
for a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy or
a temporary certificate 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 Town 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 shall be identified and addressed in accordance with the procedures established by Article I, Unsafe Buildings, of this chapter, and any subsequent amendments thereto, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Tables 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a by-product, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board of this Town.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Code Enforcement Officer. Such application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Code Enforcement Officer determines that
tests or reports are necessary to verify conformance, such tests or
reports shall be performed or provided by such person or persons as
may be designated by or otherwise acceptable to the Code Enforcement
Officer, at the expense of the applicant.
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 an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
remain in effect until reissued, renewed, revoked, or suspended.
F.
Revocation or suspension of operating permits. If
the Code Enforcement Officer determines that any activity or building
for which an operating permit was issued does not comply with any
applicable provision of the Uniform Code, such operating permit shall
be revoked or suspended.
G.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 113-52, Fees; term of permit; renewal, of this article must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating 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 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 article 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.
(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.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 113-52, Fees; term of permit; renewal, of this article must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
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 article, 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 § 113-51, Enforcement; penalties for offenses, of this article;
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, temporary
certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints of violations received and action taken,
if any;
(7)
All investigations conducted;
(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 submit monthly to the Town Board 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 § 113-49, Recordkeeping, of this article 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 the Town, on a form prescribed
by the Secretary of State, a report of the activities of the Town
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 the Town
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of the Town 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 article.
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 article; specify the provision or provisions
of the Uniform Code, the Energy Code, or this article 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.
(1)
The Town Board may designate process servers who shall be authorized
to serve appearance tickets for any violation of the Uniform Building
and Fire Prevention Code and Town Code at the specific request of
the Town Code Enforcement Officer to comply with the requirements
under Criminal Procedure Law § 150.20, Subdivision 3.
[Added 2-4-2014 by L.L. No. 1-2014]
(a)
An approved list of process servers shall be appointed by Town
Board resolution at any reorganizational meeting or any subsequent
meeting of the Board as is necessary and shall be compensated on a
per-diem basis for the cost of each service.
(b)
The Town Code Enforcement Officer shall be authorized to assign
the service of any appearance ticket for a violation of the Town Building
and Fire Prevention Code to any duly appointed process server.
C.
Penalties for offenses.
(1)
It shall be unlawful for any person to construct,
alter, repair, demolish, move, equip, use, occupy or maintain any
building, structure, sign or portion thereof in violation of any provision
of this article or fail in any manner to comply with a notice order
of the Code Enforcement Officer or inspector or to construct, alter
or use and occupy any building, structure or part thereof in a manner
not permitted by an approved building permit or certificate of occupancy.
(2)
Any person, having been served with a notice of violation,
who shall fail to comply with such notice within 30 days of such service
or within the time fixed by the Code Enforcement Officer for compliance,
whichever is greater, shall be punishable as follows: for a first
offense, by a fine of not more than $250 or imprisonment for not more
than 15 days, or both; for a second offense, by a fine of not more
than $500 or imprisonment for not more than 30 days, or both; and
for a third and each subsequent offense, by a fine of not more than
$1,000 or imprisonment for not more than one year, or both. Each day
that a violation continues shall be deemed a separate offense.
(3)
Appropriate actions and proceedings may be taken at
law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties prescribed.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of the Town, 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 article, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, operating permit,
compliance order, or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this article. 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 article, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this article, an action or proceeding may be commenced in the name
of the Town, 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
Town Board of the Town of Thompson.
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 § 113-42, Stop-work orders, of this article, in any other section of this article, 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 penalty specified in Subdivision 2 of § 382 of the Executive Law.
A.
Every application requiring both a building permit
and a certificate of occupancy shall be accompanied by the payment
of a fee as set forth by the Town Board.
B.
Such fees apply to all permits and are in addition
to any other fees provided for by the Town.
C.
If work is commenced prior to obtaining a building
permit, there shall be an inspection fee as set by the Town Board
in addition to the fees required by this section prior to the issuance
of a building permit. This section shall not relieve the owner of
any fines or penalties which may be applicable for a building with
a permit.
D.
Fees and fee categories may be established and changed
from time to time by resolution of the Town Board.
E.
Costs of engineering reviews and related expenses
required by the Town in connection with the review of an application
or for ascertaining compliance with this article may be charged to
the applicant.
F.
Additional or special inspections by the Code Enforcement
Officer deemed necessary by the Town or at the request of the applicant/owner,
due to extenuating circumstances caused by the applicant/owner, shall
be performed for a fee as set by the Town Board per inspection.
G.
Applications for a certificate of occupancy without
a building permit shall be accompanied by payment of a fee as set
by the Town Board.
H.
Administrative fee and charges. The Planning Board
and the Zoning Board of Appeals may assess special fees and charges
against an applicant as follows:
(1)
If an applicant shall have applied to the Planning
Board or the Zoning Board of Appeals and shall have received the relief
requested in whole or in part by the applicant and it is subsequently
determined that the applicant shall have violated all or part of the
terms of approval of such relief and an enforcement action shall have
been taken by the Code Enforcement Officer, including but not limited
to issuance of a stop-work order, summons, citation, or other lawful
action, which necessitates the applicant coming before such Board
seeking a modification, amendment, correction or other form of approval
so as to achieve compliance with this Code or of such prior approval
as modified or amended, then in such event:
(a)
Such applicant shall deposit with such Board
an amount not to exceed the sum of $5,000 together with an application
for modification, amendment, correction or other form of approval
of a prior approval by such Board, and such application shall set
forth in detail the nature of such violation, the manner in which
the violation occurred, the reasons why such modification, amendment,
correction or other form of approval was not sought prior to commission
of the violation, and the suggested manner of modification, amendment,
correction or other form of approval sought; and
(b)
The Planning Board shall consider the circumstances
related to such violation, the reasons for such violation and the
significance of such violation and impose a special fee of not less
than $1,000 nor more than $5,000 as a condition of reconsideration
of such application. The special fee shall be paid in addition to
any other application fees, professional fees, and other charges for
such application imposed in the same manner as if such application
were for an initial consideration of the applicant's request for relief.
All regular and special fees may be charged to such deposit. Any excess
remaining after all regular and special fees have been paid shall
be refunded to the applicant without interest.
(2)
In any case where an applicant shall have failed to
apply for an initial building permit as required by any chapter of
this Code, such Board shall impose a special fee equal to 1% of the
project cost or $1,000, whichever sum is greater, and no certificate
of occupancy shall be issued until the actual cost of such project
shall have been provided to the Building Department under oath, and
if such cost shall be greater than the estimate, any additional special
fee or other fee shall have been assessed and paid.
(3)
For the purposes of this Subsection H, the applicant also shall be deemed to have committed the violation if any person or officer of the applicant or any person hired by the applicant shall have been the responsible party in causing such violation.
(4)
In making any determination required by this Subsection H, such Board shall hold a hearing upon the same conditions as are required for a hearing on granting any approval authorized to be granted by such Board.
(5)
A fee schedule shall be established by resolution
of the Town Board. 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, temporary certificates, operating permits,
firesafety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
article.
The Town Board may, by resolution, authorize
the Supervisor of the Town to enter into an agreement, in the name
of the Town, with other governments to carry out the terms of this
article, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of NYCRR,
or any other applicable law.
