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 §
70-4 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 §
70-10 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.
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 this 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 following
procedures:
A. Emergency work or demolition.
(1) In the case that there shall be, in the opinion of
the Code Enforcement Officer, actual and immediate danger of the falling
of a building or structure so as to endanger public safety, life or
property or actual or immediate menace to health or public welfare
as a result of the conditions present in or about a building or structure,
the Code Enforcement Officer shall cause the necessary work or demolition
and removal to be done to render such building or structure safe.
(2) When emergency work or demolition and removal is to
be performed under this section, the Code Enforcement Officer shall
cause the owner thereof to be served personally or by registered and
certified mail, return receipt requested, and if served by registered
and certified mail, return receipt requested, shall post on the premises
a notice to comply containing a description of the premises, a statement
of facts in which the structure is unsafe or dangerous and orders
and directions to correct the conditions which constitute an emergency
within a specified period not to exceed three days from actual or
constructive receipt of the notice.
(3) In the event that the emergency does not permit any
delay, the Village and/or its designees shall correct or demolish
and remove the building or structure and notice shall state that the
Village has corrected or demolished and removed the emergency condition.
(4) In each case, the notice shall state that the corrective
and/or demolition and removal costs of the emergency will be assessed
against the owner's property pursuant to the provisions of this chapter.
B. Demolition and removal or repair by owner.
(1) Upon the making of a written report by the Code Enforcement
Officer that the building or structure is unsafe or dangerous to the
public, the Code Enforcement Officer shall serve a notice upon the
owner and all other persons having an interest in such property or
structure as appearing in the real property records at the Jefferson
County Clerk's Office, either personally or by registered and certified
mail, return receipt requested, addressed to their last known addresses
as shown by the records of the Town Assessor and/or in the office
of the County Clerk, containing a description of the premises, a statement
of particulars in which the building or structure is unsafe or dangerous
and an order of the Code Enforcement Officer requiring the same to
be repaired or demolished and removed. If such service is made by
registered and certified mail, return receipt requested, the notice
shall also be posted on the premises.
(2) Such owner so served shall commence the repair or
demolition and removal of such building or structure within 30 days
after service of such notice, and shall complete the same within the
time specified in such notice.
(3) At any time prior to the expiration of 30 days following service of the notice provided in Subsection
B(1), the owner may request a hearing before the Village Board of Trustees to consider the validity of the determination made by the Code Enforcement Officer.
(4) At the hearing, the owner, the Village and any other
interested parties may present witnesses and any other proof relating
to the matter, and all parties may appear in person or with their
attorneys.
(5) Within five days of the conclusion of the hearing,
the Village Board of Trustees shall make a determination, in writing,
and a copy of the same shall be served either personally or by registered
and certified mail, return receipt requested, to all parties who appear
therein.
(6) The determination shall state whether the original
report is sustained, modified, or reversed. If reversed, no further
proceeding shall be held.
(7) If the original report is sustained, in whole or in
part, the Village Board of Trustees shall also include an order directing
the owner to proceed in accordance therewith and shall further specify
that unless the work is commenced within 10 days after service and
completed within a reasonable time thereafter, which the Village Board
of Trustees shall designate, the penalties hereinafter provided shall
be invoked.
(8) The notice from the Code Enforcement Officer under Subsection
B(1) of this section shall be filed in the office of the Jefferson County Clerk, in the same manner as the notice of pendency, pursuant to Article 65 of the Civil Practice Law and Rules. Such a notice so filed shall be effective for a period of one year from the date of filing. However, said notice may be vacated upon the order of a judge or justice of a court of record or upon the consensus of the Village Attorney.
C. Removal or repair by Village; recovery of costs.
(1) Upon notification that the owner of an unsafe building
or structure has failed or refused to repair or demolish and remove
the unsafe building or structure within the time specified in the
final order, the Code Enforcement Officer shall report the same to
the Village Mayor. The Village Mayor may direct that the Village shall
cause the repair or demolition and removal of the unsafe building.
The Village, in its discretion, may undertake to do the authorized
work with its own personnel or hire a private contractor to complete
said work. After the work has been completed, the Code Enforcement
Officer shall file with the Village Finance Officer a verified statement
of all of the direct costs of the same, together with a charge of
$2,000, in addition thereto, as reimbursement to the Village for administrating,
supervising and handling said work. Said administrative surcharge
of $2,000 shall be added to the direct cost, whether Village personnel
or a private contractor was used to do the subject work.
(2) Upon receipt of the verified statement, the Village
Finance Officer shall direct that the amount thereof, including the
charges added thereto, shall constitute a lien against the premises
and direct that the same shall be added to the next assessment roll
of general Village taxes and shall be collected and enforced in the
same manner, by the same proceedings, at the same time, and under
the same penalties as the general Village tax and as a part thereof.
In addition thereto, interest shall run thereon from the date of filing
the verified statement to the date of actual payment at 1% per month.
(3) Notwithstanding any provision herein to the contrary,
the Village may, at its election, institute suit against the owner
of the premises for the direct costs, together with a surcharge of
$2,000, in addition thereto, as compensation to the Village for administering,
supervising and handling said work and enter judgment thereon against
the owner personally for the aforesaid amount. The imposition and
collection of any fine or penalty hereinafter prescribed shall not
bar the right of the Village to collect the costs of the demolition
and removal or repair of any unsafe building or structure as herein
prescribed.
D. Transfer of title. The transfer of title by the owner
of premises upon which an unsafe building or structure is located
shall be no defense to any proceedings under this chapter.
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 §
70-15, 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 Board of Trustees of the Village of Clayton. 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 Board of Trustees 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.