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 this Village. 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 §
98-4 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.
CODE ENFORCEMENT OFFICIAL
The Code Enforcement Official appointed pursuant to §
98-3B of this chapter and referred to as the Code Enforcement Official in any other chapter of the Village of Tivoli Code.
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 §
98-11 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.
PROCESS
A summons or any notice, mandate, order, appearance ticket,
or other process issued under any provision of the Tivoli Village
Code or any law or regulation of the State of New York.
[Added 4-17-2013 by L.L. No. 2-2013]
PROPERTY OWNER
Includes any person holding title to a property, and includes
a mortgagee in possession, vendee in possession, assignee of rents,
receiver, executor, trustee, lessor, agent, or any other person directly
or indirectly in control of such property.
[Added 4-17-2013 by L.L. No. 2-2013]
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Amended 4-17-2013 by L.L. No. 2-2013]
A. Property owners and lessors, or their respective agents, of any multiple dwellings, non-owner-occupied residential property, or residential unit in a mixed-use building, shall file with Village, on the registration forms approved by the Code Enforcement Official, the information required by this section. The form shall be known as the "landlord registration statement" and shall be signed by the property owner under oath. Such form shall include the following, together with such other information as may be reasonably required by the Code Enforcement Official in connection with this Chapter
98:
(1) The names and addresses of the property owner and lessor, and of the registered agent designated as required by Subsection
C of this section, on any of whom process may be served;
(2) A description of the property, by street and number or otherwise
and by tax lot and block identification, as will enable the Code Enforcement
Official to locate the same;
(3) A certification that the property has a working smoke detector and
a working carbon dioxide detector, the permitted maximum occupancy
of each separate dwelling unit, if applicable, and whether each individual
sleeping unit has at least two fire exits; and
(4) Such other appropriate information as may be requested, including
but not limited to the number of individual sleeping units contained
in each dwelling unit and the number and type of rooms, the number
of tenants or subtenants occupying each dwelling unit, together with
a schematic diagram showing the typical floor layout of the units
and rooms with appropriate designations and identification.
B. The Code Enforcement Official shall maintain a record of registrations
and property maintenance inspections, but it is the property owner's
responsibility to ensure that his registrations are current.
C. A property owner subject to registration under this section, and
who is not a natural person residing within Dutchess County, Columbia
County, Greene County or Ulster County or within 15 air miles of the
Village of Tivoli, shall appoint a natural person 18 years of age
or older as registered agent in the manner provided in this section.
(1) In order that he/she shall be able to respond to an emergency at
the property in a timely manner, the natural person thus appointed
shall reside within Dutchess County, Columbia County, Greene County
or Ulster County or within 15 air miles of the Village of Tivoli.
The name, address, and telephone number of the registered agent shall
be filed with the Code Enforcement Official and shall be posted within
the rental premises in a conspicuous manner.
(2) Whenever the ownership of a property subject to registration is transferred,
the new owner shall register within 30 days of the transfer. It shall
be the responsibility of the property owner to update all registration
information required to be filed pursuant to this chapter within 30
days following a change in previously filed information. The appointment
of a registered agent shall remain in full force and effect until
a new agent is registered as provided in this section.
(3) Information required to be included in the landlord registration
statement shall be available to the public. The property owner of
a dwelling subject to registration shall be required to post a copy
of the Village trash and refuse regulations in a conspicuous location
in each occupied building. The Code Enforcement Official shall maintain
an index or other record of such registration information and shall
on a periodic basis provide updated copies of such information to
the Village Clerk and to the Village Fire Chief.
D. A property owner who is required by this chapter to register his
or her property and who fails to do so or who provides incorrect or
incomplete information shall be guilty of a violation of this chapter,
which shall be punished by a fine not to exceed $500 per sleeping
unit. In lieu of instituting a criminal proceeding, the Code Enforcement
Officer may commence a civil proceeding and seek a civil penalty in
the amount not to exceed $500 per sleeping unit. A landlord registration
statement shall be deemed prima facie evidence of the statements therein
contained against the property owner or registered agent in any criminal
or civil prosecution instituted by the Village of Tivoli or any proper
prosecutorial agency having jurisdiction within the Village of Tivoli.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Code Enforcement Official of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe buildings, structures and equipment in
this Village shall be identified and addressed in accordance with
the procedures established by Local Law Number 1 of 2003, as now in
effect or as hereafter amended from time to time.
The Code Enforcement Official 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 Official 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 §
98-16, 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.
[Amended 3-15-2023 by L.L. No. 1-2023]
A. Compliance orders. Code enforcement personnel are 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, this chapter, or Chapter
231 of the Village of Tivoli Code. Upon finding that any such condition or activity exists, code enforcement personnel shall issue a compliance order. The compliance order shall:
(2) Be dated and signed by code enforcement personnel;
(3) Specify the nature and specific details of such condition or activity that allegedly violates the Uniform Code, the Energy Code, Chapter
231 of the Village of Tivoli Code, or this chapter;
(4) Specify the period of time which code enforcement personnel deem
to be reasonably necessary for achieving compliance, which date shall
be not less than 30 calendar days from the date of service, or such
additional time as determined necessary by the Code Enforcement Official,
and direct that compliance be achieved within that specified period
of time; and
(5) State that a criminal and/or civil action or proceeding to compel
compliance and/or to penalize the failure to comply may be instituted
if compliance is not achieved within the specified period, as such
failure to comply with a compliance order issued regarding violation
or conduct within the Village of Tivoli by an authorized official
thereof is a misdemeanor under this section punishable as such pursuant
to NYS General Municipal Law § 10, Subdivision 4(b).
B. Service of compliance orders. Code enforcement personnel shall cause
the compliance order, or a copy thereof, to be served on the owner
of the property at issue, as determined by reference to the most recent
tax information maintained by the Assessor of the Town of Red Hook,
either personally or by registered mail or by certified mail in a
manner which substantially complies with NYS Civil Practice Laws and
Rules § 308. The. Code Enforcement Official shall be permitted,
but not required, to cause the compliance order, or a copy thereof,
to be served on any owner, lessee, tenant, occupant, architect, agent,
builder, contractor, subcontractor, construction superintendent, their
respective agents or employees, or any other person taking part or
assisting in work being performed at the subject property personally
or by registered mail or by certified mail in a manner which substantially
complies with NYS Civil Practice Laws and Rules § 308; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
C. Appearance tickets. Pursuant to the provisions of this chapter and the Criminal Procedure Law§ 150.20, police officers, peace officers, as designated by Criminal Procedure Law § 2.10, and the code enforcement personnel of the Village of Tivoli, and the Zoning Enforcement Officer, along with any Acting or Deputy Zoning Enforcement Officers, as defined in Ch.
231 of this Code, are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in any court with jurisdiction over the Village of Tivoli, when such official has reasonable cause to believe a person has violated the Uniform Code, the Energy Code, or this chapter. The content of such appearance ticket and the method of prosecution thereunder shall be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.
D. Emergency action. If, in the opinion of code enforcement personnel,
a violation exists which requires immediate action to avoid a direct
hazard or imminent danger to the health, safety, or welfare of the
occupants of a building or to other persons, code enforcement personnel
may direct that such violation be immediately remedied or may take
direct action on their own initiative, as necessary, to abate the
hazard. Any costs incurred by such action shall be recovered from
any owner, lessee, tenant, occupant, architect, agent, builder, contractor,
subcontractor, construction superintendent, their respective agents
or employees, or any other person culpable for the violation(s). The
Code Enforcement Official shall keep on file an affidavit stating
with fairness and accuracy the items of expense and date of execution
of action taken and is furthermore authorized to institute legal proceedings,
if necessary, against the person(s) liable for such expenses to recover
said costs.
E. Penalties. In addition to those penalties prescribed by state law,
any person who violates any provision of the Uniform Code, the Energy
Code, or this chapter, or any term or condition of any building permit,
certificate of occupancy/certificate of compliance, temporary certificate,
stop-work order, compliance order, operating permit or other notice
or order issued by code enforcement personnel pursuant to any provision
of this chapter shall be punishable by a fine of not more than $1,000
or imprisonment for not more than one year, or both, with each day
or part thereof during which such violation continues constituting
a separate offense.
F. Civil penalties. Any person who violates any provision of the Uniform
Code, the Energy Code, or this chapter may also or alternatively be
liable civilly for not more than $250 with each day or part thereof
during which such violation continues constituting a separate cause
of action, and such amount shall be recoverable against such person,
firm, or corporation in an action instituted at the direction of and
in the name of the Village of Tivoli.
G. Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Tivoli, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violations of,
or to enforce any provisions of, the Uniform Code, the Energy Code,
this chapter, or any term or condition of any building permit, certificate
of occupancy/certificate of compliance, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order
issued by code enforcement personnel 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 Uniform Code, the Energy Code, this chapter,
or any stop-work order, compliance order, or other order issued or
obtained under the Uniform Code, the Energy Code, or this chapter,
an action or proceeding may be commenced in the name of the Village
of Tivoli, in the Supreme Court or any other court having jurisdiction,
to obtain an order directing the removal of the building or structure
or an abatement of the conditions in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without appropriate authorization from the Board of Trustees of this
Village.
H. Remedies not exclusive. No remedies or penalties specified in this section shall be the exclusive remedies or penalties available to address any violations described herein, 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 chapter, in §
98-6 of this Code, stop-work orders, compliance orders, as authorized herein, or in any other 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 chapter, in §
98-6 of this Code, stop-work orders, compliance orders, as authorized herein, or in any other 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 New York State 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 New York State Executive Law.
I. Accountability. Any owner, lessee, tenant, occupant, architect, agent,
builder, contractor, subcontractor, construction superintendent, their
respective agents or employees, or any other person who violates or
is accessory to the violation of any provisions of this chapter, as
adopted or amended, or who fails to comply with any of the requirements
thereof, or who erects, constructs, alters, enlarges, converts or
moves or uses any building or uses any land in violation of any detailed
statement or plan submitted by him and approved under the provisions
of this chapter, as adopted, shall be guilty of a misdemeanor offense
punishable according to the provisions of this chapter.
A fee schedule shall be established by resolution
of the Village Board of this Village. 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 Official described in or contemplated by this chapter.
The Village Board of this Village may, by resolution,
authorize the Mayor of this Village to enter into an agreement, in
the name of this 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.