[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 6-4-2007 by L.L.
No. 11-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
105, Building Construction and Fire Prevention, adopted 1-5-1976 by
L.L. No. 1-1976 (Ch. 57 of the 1976 Code), as amended.
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code ("Uniform
Code") and the State Energy Conservation Construction Code ("Energy
Code") in the Village of Monticello. 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.
A.
Unless defined below or previously in this chapter or the context
otherwise requires, the terms and words used in this chapter shall
have the same meanings as those defined in the Uniform Code and the
Energy Code.
B.
BUILDING PERMIT
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
CODE ENFORCEMENT OFFICER
CODE ENFORCEMENT PERSONNEL
COMPLIANCE ORDER
ENERGY CODE
ENFORCEMENT OFFICER
OPERATING PERMIT
PERMIT HOLDER
PERSON
STOP-WORK ORDER
TEMPORARY CERTIFICATE
UNIFORM CODE
VILLAGE
As used in this chapter, these terms and words shall be defined as
follows:
A permit issued pursuant to § 105-4 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.
A certificate issued pursuant to § 105-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 105-3B of this chapter.
The Code Enforcement Officer and all Enforcement Officers.
An order issued by code enforcement personnel pursuant to § 105-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An Enforcement Officer appointed pursuant to § 105-3D of this chapter.
A permit issued pursuant to § 105-10 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.
The person to whom a building permit has been issued.
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 § 105-6 of this chapter.
A certificate issued pursuant to § 105-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Monticello.
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 chapter. 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/certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy/certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy/certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, firesafety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Village Manager.
In addition, the Village Manager may appoint more than one Code Enforcement
Officer, provided that sufficient funds are available in the Village
budget to support said appointment. The Code Enforcement Officer,
or Officers as the case may be, 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. The Code Enforcement Officer shall be required
to reside within the County of Sullivan.
[Amended 5-19-2008 by L.L. No. 4-2008; 12-6-2011 by L.L. No. 2-2012; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
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 Village
Manager 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 chapter.
D.
One or more Enforcement Officers may be appointed by the Village
Manager to act under the supervision and direction of the Code Enforcement
Officer(s) and to assist the Code Enforcement Officer(s) in the exercise
of the powers and fulfillment of the duties conferred upon the Code
Enforcement Officer(s) by this chapter. Each Enforcement Officer 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
Enforcement Officer shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
[Amended 5-19-2008 by L.L. No. 4-2008]
E.
It shall be the duty of the code enforcement personnel of the Village
of Monticello to inspect all signs in said Village and to give written
notice to the Village Manager of the conditions requiring repair or
signs requiring removal. In the event that the repairs to or removal
of signs as directed in the notice issued by the Village Manager is
not made within 30 days after the mailing of said notice, the Village
may remove such signs and charge the expense thereof to the owner
of the property where said sign is located.
F.
The code enforcement personnel may request and shall receive, so
far as may be necessary in the discharge of their duties, the assistance
and cooperation of the police and fire officers and all other municipal
officials exercising any jurisdiction over the construction, use or
occupancy of buildings or the installation of equipment therein.
G.
Where otherwise provided for by law, any Building Official, upon
showing of proper credentials and in the discharge of his or her duties,
may enter upon any building structure or premises at any reasonable
hour, and no person shall interfere with or prevent such entry.
H.
The compensation for the Code Enforcement Officer(s) and Enforcement
Officers shall be fixed from time to time by the Board of Trustees
of this Village.
[Amended 5-19-2008 by L.L. No. 4-2008]
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 toolsheds 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 a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with a 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 ground;
(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)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, 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) of 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 permits. 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 and this chapter.
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. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
J.
Revocation or suspension of building permits.
(1)
The Code Enforcement Official may revoke a building permit theretofore
issued and approved in the following instances:
(a)
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based; or
(b)
Where he finds that the building permit was issued in error
and should not have been issued in accordance with the applicable
law; or
(c)
Where he finds that the work performed under the permit is not
being prosecuted in accordance with the provisions of the application,
plans or specifications; or
(d)
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Code Enforcement
Official.
(2)
The Code Enforcement Officer shall revoke the building permit or
suspend the building permit until such time as the permit holder demonstrates
that:
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 Enforcement Officer 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.
D.
Tests. Whenever there are reasonable grounds to believe that any
material, construction, equipment or assembly does not conform to
the requirements of the applicable building laws, ordinances or regulations,
the Code Enforcement Official may require the same to be subjected
to tests in order to furnish proof of such compliance.
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.
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 § 105-15, Enforcement; penalties for offenses, of this chapter 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/certificates of compliance required. A
certificate of occupancy/certificate of compliance 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/certificate of compliance.
B.
Issuance of certificates of occupancy/certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy/certificate
of compliance 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 Enforcement Officer authorized by the Code Enforcement Officer
shall inspect the building, structure or work prior to the issuance
of a certificate of occupancy/certificate of compliance. 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, shall be provided to the
Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates of compliance.
A certificate of occupancy/certificate of compliance 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/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance 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/certificate of compliance and the date of issuance.
D.
Temporary certificates.
(1)
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:
(a)
The building or structure, or the portion thereof covered by the
temporary certificate, may be occupied safely;
(b)
Any fire- and smoke-detecting or fire-protection equipment which
has been installed is operational; and
(c)
All required means of egress from the building or structure have
been provided.
(2)
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.
(3)
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/certificate of
compliance 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.
F.
Neither a certificate of occupancy/certificate of compliance nor
a temporary certificate shall be issued until all taxes, fees, permit
fees and any other and all Village assessments, charges, fees, liens
and the like have been paid to the Village in full, or a tax installment
agreement is in effect and said agreement is paid and in compliance
to date.
The chief of any fire department providing firefighting 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 procedures as set forth in the Code of the Village of Monticello, Chapter 119, Buildings, Unsafe.
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;
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of this Village; and
(f)
All activities involving the placement of containers, bins or
other receptacles for the deposit by the public of articles of clothing,
shoes, books or other used material.
[Added 10-1-2013 by L.L.
No. 14-2013]
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 Enforcement Officer
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.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an Enforcement Officer 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 the 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 Enforcement Officer designated by the Code Enforcement Officer at any time upon: 1) the request of the owner of the property to be inspected or an authorized agent of such owner; 2) 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 3) 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 chapter 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.
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 § 105-15, 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.
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/certificates of compliance,
temporary certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(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 annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the Enforcement Officers, including a report and summary of all transactions and activities described in § 105-13, Recordkeeping, of this chapter 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 this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village 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 this Village is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Village in connection
with administration and enforcement of the Uniform Code.
A.
Compliance orders.
(1)
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 chapter. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform Code,
the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter which is/are violated by the specified condition
or activity;
(e)
Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period of
time; and
(g)
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
(2)
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 Enforcement
Officer are authorized to issue appearance tickets for any violation
of the Uniform Code, the Energy Code or this chapter.
C.
Penalties for offenses.
(1)
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building or structure or portion thereof in violation of any provisions
of this chapter, or to fail in any manner to comply with a notice,
directive or order of the Code Enforcement Official, or to construct,
alter or use and occupy any building or structure or part thereof
in a manner not permitted by an approved building permit or certificate
of occupancy.
(2)
Any person who shall fail to comply with a written order of the Code Enforcement Official within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Code Enforcement Official made thereunder, shall commit a violation of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello.
(3)
This section shall not apply to violations of the provisions of the
Multiple Residence Law punishable under § 304 of the Multiple
Residence Law of the State of New York.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
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, operating permit or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this chapter, shall
be liable to a civil penalty of not more than $1,000 for each day
or part thereof during which such violation continues. The civil penalties
provided by this subsection shall be recoverable in an action instituted
in the name of this Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village 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 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 the Code Enforcement
Officer 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 obtained under the Uniform Code, the Energy Code
or this chapter, an action or proceeding may be commenced in the name
of this Village 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
Village Manager of this Village.
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 § 105-6, Stop-work orders, of this chapter, in any other section of this 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 section, in § 105-6, Stop-work orders, of this chapter, in any other section of this 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 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 Executive Law.
F.
Abatement of violations. 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 those remedies shall be
in addition to the penalties and remedies described in the preceding
subsections.
G.
In addition to any and all of the foregoing enforcement remedies,
the Code Enforcement Officer, upon satisfactory evidence that Village
fees, liens, taxes, sewer or water charges or any other monies due
and owing to the Village remain unpaid in whole or part after coming
due for any property within the Village for which municipal approval
is sought, shall be prohibited from issuing any building permit, certificate
of occupancy, provide any inspection certification or other municipal
approvals of any kind unless and until all outstanding Village fees,
liens, taxes, water, sewer or other Village charges due and owing
the Village regarding said property have been paid in full or provided
for in an installment payment plan agreed to by the Village.
[Added 6-4-2013 by L.L.
No. 8-2013]
A fee schedule shall be established by resolution of the Board
of Trustees of this Village.[1] 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 of this Village may, by resolution, authorize
the Village Manager 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 NYCRR, or any other applicable law.