Village of Brockport, NY Article I General Provisions

§ 36-1 Title; purpose; scope; definitions; applicability; enforcement.

A. This chapter shall be known as the "Minimum Housing and Buildings Code," as applicable to dwellings, buildings, multiple dwellings, dwelling units, premises, structures, land and equipment, and is herein referred to as the "Housing and Buildings Code" or "this chapter."

B. The purpose of this chapter is to protect the public health, safety and welfare in buildings used for dwelling and human occupation purposes as hereinafter provided and to prevent the existence of such conditions, factors or characteristics that can adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing and buildings standards, as follows:

(1) Establishing minimum standards for basic equipment, facilities, hazardous processes/activities and/or to eliminate issues that pose a substantial potential hazard to public safety, including but not limited to light, ventilation, space heating and electrical, for sanitation, safety from fire, for occupancy and space, use and location, exiting and means of egress, safe and sanitary maintenance, cooking equipment, and plumbing provisions in all dwellings, buildings, multiple dwellings, dwelling units, premises, structures, land and equipment now in existence and planned.

(2) Fixing the responsibilities of owners, operators and occupants of dwellings, buildings and multiple dwellings, dwelling units, rental units, premises and structures.

(3) Providing for administration, enforcement and penalties.

C. Definitions. For the purpose of this chapter, the following words and terms shall be defined as follows unless otherwise expressly provided:

BUILDING

Any roofed walled structure.

BUILDING PERMIT

A permit issued pursuant to § 36-2 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.

CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE

A certificate issued pursuant to §§ 36-5 through 36-8 of this chapter.

CODE

The local laws of the Village of Brockport.

CODE ENFORCEMENT INSPECTOR

Includes the Code Enforcement Officer and all Inspectors employed by the Village of Brockport who are certified by the State of New York either in the capacity of code enforcement officer, building inspector or fire marshal, and/or titled as assistant code enforcement officer, assistant building inspector, deputy fire marshal, or any combination thereof.

CODE ENFORCEMENT OFFICER

An officer employed by the Village of Brockport who is certified by the State of New York either in the capacity of code enforcement officer, building inspector, fire marshal, planning/zoning officer, peace officer, stormwater manager, floodplain administrator, or any combination thereof.

COMPLIANCE ORDER

A written order for the remediation of found violation(s), pursuant to Article III, § 36-27C, of this chapter.

DWELLING

To include one-family and two-family, multiple-family and/or mixed-use housekeeping structures, boardinghouses/rooming houses and apartment houses. The actual use and occupancy of a dwelling at the time of any applications for certificates or permits hereunder, registration, their renewal, or any compliance or complaint inspection(s) required to be made by the Code Enforcement Officer, regardless of any other classification of the property (whether for tax purposes or otherwise), shall determine whether and to what extent the dwelling is subject to the provisions of this chapter. (Types of dwellings are defined in § 58-2.)

DWELLING UNIT

One or more rooms arranged for use of one or more individuals living together as a single housekeeping unit, with living, sanitary and sleeping facilities.

ENERGY CODE

The New York State Energy Conservation Construction Code, which regulates design and construction of residential and commercial buildings for the effective use of energy.

NYCRR

The New York Code of Rules and Regulations.

OPERATING PERMIT

A permit issued pursuant to § 36-3 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.

OWNER

The person or entity in whose name the premises affected by an order issued in accordance with this chapter is recorded as the owner in the office of the local Assessor.

PLACARD/POSTING

A public notice placed on a building, structure, premises, dwelling, dwelling unit, equipment and/or land pursuant to Article I, § 36-15, of this chapter.

PROPERTY MANAGER

An adult, age 21 or older, who has been appointed by the owner of a property to perform the owner's responsibilities and respond to emergencies there. This person must live within 50 miles of said property and must possess knowledge of locations of gas and water valves, electrical panel boxes, furnaces, hot water heaters, and other equipment on the property. This person must possess keys or otherwise have access to all areas of the property.

RED TAG

See "placard/posting."

RESIDENTIAL RENTAL PROPERTY

(1) Shall mean:

(a) Any dwelling occupied by nonowners under verbal contract or written contract (lease) for agreed terms and monetary or in-kind payments and subject to agreed possessory conditions.

(b) Single-family houses (one dwelling unit with living, kitchen, sanitary and sleeping facilities), rented by absentee owners and/or owners/occupants to tenants.

(c) Multiples, so rented by absentee owners and/or owners/occupants to tenants, with two or more dwelling units, each with living, kitchen, sanitary and sleeping facilities, including doubles, triples, fours or more.

(d) Apartment houses, with each apartment being a dwelling unit so rented by absentee owners to tenants, with living, kitchen, sanitary and sleeping facilities.

(e) Boardinghouses and rooming houses with multiple sleeping rooms (up to 30 in number) serviced by common sanitary facilities.

(f) Mixed-use buildings containing one or more dwelling units.

(2) For purposes of this chapter, each sleeping room in a boardinghouse, furnished-room house, and rooming house is not deemed a dwelling unit as defined above.

(3) The definition of "residential rental property" supplements the existing Code definitions for families, apartment house, boardinghouse, furnished-room house, rooming house, dwelling (multiple), dwelling (two-family), dwelling unit, and unit (single-family dwelling).

STOP-WORK ORDER

A public notice placed on a building, structure, premises, dwelling unit, equipment and/or land pursuant to Article I, § 36-14, of this chapter, that work and/or a use is in noncompliance and shall cease.

SLEEPING SPACE

A room or part of a room that can be used, either on an occasional or permanent basis, for sleeping.

TENANT/RENTER

Any nonowner occupying a residential rental property.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code.

VILLAGE

The Village of Brockport.

D. Every portion of a building or premises used or intended to be used for human habitation shall comply with the provisions of this chapter, irrespective of when such building shall have been constructed, altered or repaired, except as hereinafter provided.

E. Application of the Uniform Code and the Energy Code. The Uniform Code and the Energy Code shall apply to one- and two-family dwellings, all residential rental property, multiple dwellings, boardinghouses, furnished-room houses, rooming houses, tourist homes, apartment houses or any other type of residential rental property, in addition to any commercial occupancies, such as but not limited to stores and shops for retail purposes, bars and restaurants, private or public business uses, industrial manufacturing and processes, storage and warehousing, and also to hotels and motels serving transient guests and rest homes, convalescent homes and nursing homes whereby sleeping accommodations are provided, hospitals, religious facilities and private schools, day cares and municipal buildings and equipment therein. Any alterations to buildings or changes of use therein which may be caused, directly or indirectly, by the enforcement of this chapter shall be done in accordance with applicable sections of the Uniform Code, Energy Code, and any other local, regional, state and/or federal laws, rules or regulations that may apply.

F. Conflict with other ordinances. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code(s) of this municipality, the County of Monroe or the State of New York, the provision which establishes the higher standard for the promotion and the protection of the safety and health of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of this municipality existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this chapter shall prevail, and such other ordinances or codes and articles are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.

G. Partial invalidity. If any section of this chapter shall be held unconstitutional, illegal, invalid, or otherwise unenforceable or in violation of state or local laws, the remainder of the chapter shall remain in full force and effect and be enforceable as such.

H. This chapter establishes minimum requirements for the initial and continued occupancy of all buildings used for human habitation and does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings, equipment or facilities, except as provided in this chapter.

I. Nothing in this chapter shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary.

J. Code Enforcement Officer.

(1) It shall be the duty and responsibility of the Code Enforcement Officer to enforce the provisions of the Housing and Buildings Code as herein provided. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and local law(s). The Code Enforcement Officer shall have the following powers and duties:

(a) To receive, review and approve or disapprove applications for building permits, operating permits, certificates of occupancy/certificates of compliance, conditional certificates of occupancy/certificates of compliance, residential rental property registrations, construction plans, specifications, construction documents and matters submitted as required with all such applications.

(b) To submit for review and approval by the Historic Preservation Board all building permit applications for structures designated as historic landmarks by the Historic Preservation Board or that are listed on the State or National Registry of Historic Places.

(c) Upon approval of such application(s), to issue building permits, operating permits, certificates of occupancy/certificates of compliance, conditional certificates of occupancy/certificates of compliance, residential rental registrations and operating permits, and to include in building permits, certificates of occupancy/certificates of compliance, conditional certificates of occupancy/certificates of compliance and residential rental registrations such terms and conditions as the Code Enforcement Officer may determine to be appropriate.

(d) To conduct inspections, including, without limitation, for construction, fire, fire hazards or explosion, housing, verification of use, property maintenance and any and all inspections to be made prior to the issuance of building permits, operating permits, certificates of occupancy/certificates of compliance, conditional certificates of occupancy, residential rental registrations, firesafety inspections and property maintenance inspections incidental to the investigation of complaints and all other inspections required or permitted under any provisions of any local laws and/or other codes, rules and/or regulations.

(e) To issue stop-work orders.

(f) To review and investigate complaints.

(g) To placard unsafe buildings or structures.

(h) To issue orders pursuant to Article II, § 36-18, of this chapter.

(i) To maintain records.

(j) To collect fee(s) as determined from time to time by resolution adopted by the Board of Trustees of the Village of Brockport as contained in the Village of Brockport Fee Schedule.

(k) To pursue administrative enforcement actions and proceedings.

(l) In consultation with the Village of Brockport Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and local laws or article/articles listed and/or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter and local laws.

(m) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.

(2) The Code Enforcement Officer shall be employed by the Village of Brockport. The Code Enforcement Officer shall possess background experience related to building construction and 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 Secretary of State.

(3) One or more inspectors may be employed by the Village of Brockport to act under the supervision and direction of the Code Enforcement Officer 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 chapter. 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 Secretary of State pursuant to the Executive Law § 381 (Part 1208[1]) and the regulations promulgated hereunder.

[1] Editor's Note: See 19 NYCRR Part 1208.

§ 36-2 Building permits.

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, the Energy Code and/or the Village of Brockport code(s), 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, gas appliances, chimneys or flues. 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. A specific list of building permits required is listed in the Village of Brockport Fee Schedule. Building permits shall be required for all exterior work on all properties designated as historic landmarks by the Historic Preservation Board or that are listed on the State or National Registry of Historic Places.

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 townhouses which are used for tool and storage sheds, playhouses or similar uses, provided that the gross floor area does not exceed 144 square feet (13.88 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 aboveground.

(4) Installation of fences which are not part of an enclosure surrounding a swimming pool or located in a front yard, per Chapter 6 of the Code.

(5) Construction of retaining walls, unless such walls support a surcharge or impound for Class I, II or IIIA liquids, as per the Uniform Code.

(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 townhouse.

(8) Installation of partitions or movable shelving or cases less than five feet nine inches in height.

(9) Painting, wallpapering, tiling, carpeting or other similar finish work.

(10) Installation of generally accepted, tested or recognized and listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances.

(11) Replacement of any equipment, provided that the replacement does not alter the equipment's generally accepted listing or render it inconsistent with the equipment's original specifications.

(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 an 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 or the local law(s) of the Village of Brockport.

D. Applications for building permits. Application 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 permit applicant and the owner of the property where the work is to be performed or by 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, the Energy Code and any local laws. 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 in accordance with the provisions of the Uniform Code.

(5) At least two sets of construction documents, drawings and/or specifications which:

(a) Define the scope of the proposed work.

(b) Shall be prepared by a New York State registered architect or licensed professional engineer when cost exceeds $20,000 and/or involves work affecting the structural integrity or public safety components of any portion of any buildings, as required by the New York State 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, Energy Code and local laws.

(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, easements, rights-of-way, above-grade or below-grade utilities and drainage swales, as well as the location of the intended work and the distances between all other buildings and structures and 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 § 36-2D(5) of this chapter. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer, and the Code Enforcement Officer shall retain one set of the accepted construction documents. Work shall not commence until and unless the Village of Brockport has issued a building permit.

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, Energy Code and local laws. The Code Enforcement Officer shall issue a building permit only if the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code and local laws.

G. Insurance/indemnification. The building permit application, and the issuance and/or renewal thereafter of any building permit, may be conditioned upon the provision by the owner of liability, fire and hazard insurance in amounts and with additional insured coverage naming the certificate holder as the Village and/or such indemnification as the Village of Brockport may require and workers' compensation coverage as applicable pursuant to General Municipal Law § 125. Permit holders are required to maintain applicable insurances throughout the life of the permit; the expense of such insurance and/or indemnification shall be borne by the owner. Failure of the owner to comply with this provision shall be a ground and/or basis for the denial, revocation or suspension of any building permit.

H. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

I. Work to be in accordance with approved 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 proposed change occurring during the course of the work. The building permit also shall contain such a directive. If the Code Enforcement Officer determines that a proposed 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.

J. Time limits. A building permit or amended building permit shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits or amended building permits shall expire 12 months after the date of issuance. Subject to approval by the Code Enforcement Officer, a building permit or amended building permit which, pursuant to this subsection, has become invalid or which has expired may be renewed upon application by the permit holder and payment of the applicable fee to the Village of Brockport.

K. 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, Energy Code or local laws, 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, Energy Code and/or local laws, and all further work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, Energy Code and local laws.

L. Fee(s); building permits. Initial issuance and/or renewals shall require fee payment specified in or determined in accordance with the provisions set forth as required by this chapter and shall be deposited with the Village of Brockport. Application fee(s) shall be determined by resolution adopted by the Board of Trustees as contained in the Village of Brockport Fee Schedule, which application fee(s) shall be equivalent whether for the initial issuance of building permits or for renewals thereof. Payment of fee(s) shall be required at the time of issuance of an initial building permit or renewal building permit. Fee(s) shall be determined, assessed, administered and enforced by the Code Enforcement Officer of the Village of Brockport. All fees associated with external plan review, special inspections, etc., shall be the responsibility of the applicant and shall be paid for at the time the building permit is issued.

M. Liability for damages. This section shall not be construed to hold the Village of Brockport responsible for any damages to persons or property by reason of the issuance of a building permit or inspections made pursuant to a building permit or the failure to make inspections pursuant to an application for a building permit or the issuance of or the failure to issue a building permit.

§ 36-3 Operating permits.

A. Operating permits required. Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

(1) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 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.

(2) 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.

(3) Use of pyrotechnic devices in assembly occupancies or locations.

(4) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more.

(5) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined and adopted by the Board of Trustees of the Village of Brockport.

B. Any person who proposes to undertake any activity or to operate any type of building listed in Subsection A of this section shall be required to obtain an operating permit prior to commencing or continuing such activity or operation. The eligibility of an owner for the issuance of an operating permit shall be subject to the owner being in full compliance with all applicable requirements of the Uniform Code, local laws and the codes of the Village of Brockport, specifically and without limitation, the Village of Brockport local laws and codes concerning certificates of occupancy, building permits and residential rental registrations.

C. Insurance/indemnification. The classification of any property or use hereunder as requiring an operating permit, and the issuance and/or renewal thereafter of any operating permit, may be conditioned upon the provision by the owner of liability, fire and hazard insurance in amounts and with additional insured coverage naming the certificate holder as the Village, and/or such indemnification as the Village of Brockport may require, and workers' compensation coverage as applicable pursuant to General Municipal Law § 125. Permit holders are required to maintain applicable insurances throughout the life of the permit; the expense of such insurance and/or indemnification shall be borne by the owner. Failure of the owner to comply with this provision shall be a ground and/or basis for the denial, revocation or suspension of any operating permit.

(1) The Code Enforcement Officer of the Village of Brockport shall classify properties in the Village as being subject to the requirements of this operating permit requirement. Each property classification under this chapter shall become a part of and be noted in any other permit or registration required for the property, as for example, on certificates of occupancy, on building permits, and on residential rental registrations. The applicant/owner shall be responsible for the expense of any professional or expert testing of the property for its anticipated use, occupancy or operation as the Code Enforcement Officer deems necessary (in his or her sole discretion) to classify the property as being subject to or exempt from the requirements of this chapter.

D. 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 all 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, Energy Code and/or local laws. 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 who is/are otherwise acceptable to, the Code Enforcement Officer, at the expense of the applicant.

(1) 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 sole discretion, issue a single operating permit to apply to all such activities.

(2) Duration of operating permits. Except as otherwise provided in the Village of Brockport Fee Schedule, operating permits shall be issued for one year in the case of any operating permit issued for a permanent use or for such lesser time periods for the occupancy, use or operation of a property deemed by the Code Enforcement Officer to be of a temporary nature, consistent with local conditions. The effective period of the operating permit shall be specified in the operating permit. Operating permits are renewable at the expiration of each permit period noted on the permit. It is the obligation of the owner to order a compliance inspection for the renewal of the operating permit at least 60 days prior to the expiration of the operating permit. Failure of the owner to do so shall be deemed a violation of this chapter and may subject the owner to the imposition of fines and penalties as are stated in this chapter or elsewhere and to general jurisdiction fines and penalties as are stated in the Code of the Village of Brockport. The failure of an owner to comply with the operating permit requirements of this chapter may subject the owner to the issuance by the Code Enforcement Officer of a temporary or permanent cease-and-desist order and/or a stop-work order or an order to vacate and discontinue the use of the property unless or until it again comes into compliance with the requirements of this chapter.

(3) The Code Enforcement Officer (or his/her authorized inspector) shall inspect the subject premises prior to the issuance of an operating permit. Should an owner (and/or agent, employee, authorized representative, or operator) decline consent to inspection(s) believed to be necessary by the Code Enforcement Officer (or his authorized inspector) for proper enforcement of this provision, the Code Enforcement Officer (or his authorized inspector, as the case may be) shall be authorized to apply for a search warrant pursuant to § 36-10A(2) of this chapter and such other legal requirements as may apply to permit such inspection(s).

(4) 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, Energy Code or any other state or local law that may apply (including, without limitation, certificate of occupancy/certificate of compliance requirements, building permit requirements, and residential rental registration requirements), such operating permit shall be revoked or suspended.

E. Fee(s); operating permits. Initial issuance and/or renewals shall require fee payment specified in or determined in accordance with the provisions set forth as required by this chapter and shall be deposited with the Village of Brockport. Application fee(s) shall be determined by resolution adopted by the Board of Trustees as contained in the Village of Brockport Fee Schedule, which application fee(s) shall be equivalent whether for the initial issuance of operating permits or for renewals thereof. Payment of fee(s) shall be required at the time of filing of an application for an operating permit or for renewal of an operating permit. Fee(s) shall be determined, assessed, administered and enforced by the Code Enforcement Officer of the Village of Brockport.

§ 36-4 Registration of residential rental properties.

A. Owners are required to register with the Code Enforcement Officer each rental building contained on each of their residential rental properties, as defined in § 36-1C above, on an annual basis

B. For purposes of registration, including renewals, owners of residential rental properties located within the Village shall complete and sign a rental registration application provided by the Code Enforcement Officer, which shall state and provide the following information:

(1) The name, physical address, telephone number(s), and e-mail address of each owner or principal of each owner. Post office boxes shall not be accepted as physical addresses.

(2) The address of each residential rental property (including boardinghouses and rooming houses), the number of dwelling units contained within each residential rental property, the number of tenants, and any other pertinent data sought by the Code Enforcement Officer.

(3) The name(s), physical address(es), telephone number(s) and e-mail address(es) of any local property manager(s) or agent(s) on behalf of the property owner(s), which shall be required in all cases where no property owner physically resides within 50 miles of the Village. Post office boxes shall not be accepted as physical addresses.

C. The rental registration application shall indicate an address for receipt of notices by mailing for purposes of this chapter and any other applicable laws or regulations.

D. In the event that changing circumstances would render the information in the rental registration inaccurate, the owner shall be responsible for updating such information within a period of 90 days.

E. The Code Enforcement Officer (or his authorized inspector) shall conduct such inspections as may be necessary to verify compliance with the provisions of the Uniform Code, Energy Code, or any other local, regional, state or federal laws, rules or regulations that may apply, including the rules of this section. The Code Enforcement Officer (or his authorized inspector) shall have 30 days after the filing of a rental registration application in which to schedule the first such compliance inspection in order to verify the correctness of the information stated in the application. Should an owner (and/or agent, employee, authorized representative, or operator) decline consent to inspection(s) believed to be necessary by the Code Enforcement Officer (or his authorized inspector) for proper enforcement of this provision, the Code Enforcement Officer (or his authorized inspector, as the case may be) shall be authorized to apply for a search warrant pursuant to § 36-10A(2) of this chapter, along with such other legal requirements as may apply, to permit such inspection(s). If the Code Enforcement Officer finds a discrepancy in the classification of the property, the Code Enforcement Officer shall issue a notice to the owner advising of the actual classification of the property.

F. Fee(s); rental registrations. New registrations and registration renewals shall require payment of a fee, which shall be determined by resolution of the Board of Trustees and contained in the Village of Brockport Fee Schedule. Payment of the fee shall be required at the time of filing of an application for a rental registration or registration renewal. Fees shall be assessed, administered and enforced by the Code Enforcement Officer of the Village of Brockport.

§ 36-5 Certificates of occupancy/certificates of compliance.

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, and accessory structures and equipment thereof, which are constructed, converted from one use or occupancy classification or subclassification to another, or have equipment installation or structural alterations. Permission to use or occupy or put into service a building, structure or portion thereof or equipment for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy/certificate of compliance. No building or portion thereof shall be occupied without a valid certificate of occupancy.

B. Certificates of occupancy/certificates of compliance for residential rental property will expire upon the sale or transfer of title to the premises, unless the certificate of occupancy/certificate of compliance has been issued no earlier than 60 days prior to transfer of title to the new owner. If a property is occupied at the time of title transfer and the certificate of occupancy/certificate of compliance will expire with the transfer, the new owner must, within 10 days, apply for a new certificate of occupancy/certificate of compliance in order to avoid vacating the property.

C. Any building or structure which has been vacant or which has had utilities disconnected in excess of nine consecutive months shall also require a new certificate of occupancy/certificate of compliance, and otherwise may not be used for any purpose.

D. 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 a building permit was completed in accordance with all applicable provisions of the Uniform Code, Energy Code and local laws, if applicable, and that the structure, building or portion thereof that was constructed or was converted from one use or occupancy classification or subclassification or had equipment installation or structural alterations complies with all applicable provisions of the Uniform Code, Energy Code and local laws. For purposes of § 36-5B of this chapter, the Code Enforcement Officer shall issue a current certificate of occupancy if the residential rental property, in its entirety, substantially conforms to the requirements of this Code, the Uniform Code, if applicable, and all other applicable laws, ordinances or rules. The Code Enforcement Officer (or his/her authorized inspector) is authorized to inspect the building, structure or work prior to the issuance of a certificate of occupancy/certificate of compliance. In addition, where applicable, documents or inspection(s) reports substantiating compliance can be prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer, and such documents or inspection report(s) will be at the expense of the permit holder or applicant prior to issuance of the certificate of occupancy/certificate of compliance.

E. Contents of certificates of occupancy/certificates of compliance. A certificate of occupancy/certificate of compliance shall contain the following information:

(1) A written statement of structural observations and/or a final report of special inspections.

(2) Flood hazard certifications.

(3) The building permit number, if any.

(4) The date of issuance of the building permit, if any.

(5) The name, address and Tax Map number of the property.

(6) 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.

(7) The use and occupancy classification of the structure.

(8) The type of construction of the structure.

(9) The assembly occupant load of the structure, if any.

(10) If an automatic fire sprinkler, fire-suppression system/systems or fire alarm/alarms are provided, a notation as to whether the automatic fire sprinklers and fire-suppression system/systems or fire alarm/alarms are required.

(11) Any special conditions imposed in connection with the issuance of the building permit.

(12) The signature of the Code Enforcement Officer issuing the certificate of occupancy and the date of issuance.

F. Whenever violations of the Housing and Buildings Code or Chapter 58, Zoning, of the Code, or any other applicable law, ordinance or rule are discovered, and those violations are such that the dwelling and/or any dwelling unit thereof is deemed a structure unfit for human habitation pursuant to § 36-15 of this chapter, the existing certificate of occupancy shall become null and void. In that case, the Code Enforcement Officer shall notify the registered owner(s) that the continued occupancy or use of the building is forbidden unless a conditional certificate of occupancy can be obtained as provided in § 36-7B of this chapter.

G. Notwithstanding the existence of a valid certificate of occupancy/certificate of compliance, the Code Enforcement Officer may cause the subject building to be inspected as often as may be necessary for the purpose of ascertaining and causing to be corrected any violations of the provisions of the laws, ordinances or rules which are enforced hereunder. Should an owner (and/or agent, employee, authorized representative, or operator) decline consent to inspection(s) believed to be necessary by the Code Enforcement Officer (or his/her authorized inspector) for the proper enforcement of this provision, the Code Enforcement Officer (or his/her authorized inspector, as the case may be) shall be authorized to apply for a search warrant pursuant to § 36-10A(2) and such other legal requirements as may apply to permit such inspection(s).

H. Revocation or suspension of certificates of occupancy/certificates of compliance. If the Code Enforcement Officer determines that a certificate of occupancy/certificate of compliance 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 of occupancy/certificate of compliance.

I. Fee(s); certificates of occupancy/certificates of compliance. Initial issuance shall require fee payment specified in or determined in accordance with the provisions set forth as required by this chapter and shall be deposited with the Village of Brockport. Application fee(s) shall be determined by resolution adopted by the Board of Trustees as contained in the Village of Brockport Fee Schedule. Payment of fee(s) shall be required at the time of filing of an application for a certificate of occupancy/certificate of compliance, and any assessed reinspection fees shall thereafter be paid prior to issuance of the certificate of occupancy/certificate of compliance. Fee(s) shall be assessed, administered and enforced by the Code Enforcement Officer of the Village of Brockport.

J. Liability for damages. This section shall not be construed to hold the Village of Brockport responsible for any damages to persons or property by reason of inspections made pursuant to an application for a certificate of occupancy/certificate of compliance or the failure to make inspections pursuant to an application for a certificate of occupancy/certificate of compliance or the issuance of or the failure to issue a certificate of occupancy/certificate of compliance.

§ 36-6 Residential rental property renewals of certificates of occupancy.

A. Where no changes of occupancy or use have occurred and where there is full compliance with the applicable provisions of § 36-4 of this chapter regarding the required registration of residential rental properties as well as full compliance with the laws, ordinances and rules specified in the certificate of occupancy and any other applicable laws, ordinances or rules, a certificate of occupancy for a residential rental property shall be issued and shall remain valid for a period of three years. For purposes of renewal, no later than 30 days prior to the expiration of a certificate of occupancy, it shall be the obligation of the owner to notify the Code Enforcement Officer in order to cause a new certificate of occupancy to be issued for the residential rental property for which the existing certificate of occupancy will expire. The Code Enforcement Officer (or his/her authorized inspector) shall then make an inspection of the dwelling for which the certificate of occupancy application is made. Should an owner (and/or agent, employee, authorized representative, or operator) decline consent to inspection(s) believed to be necessary by the Code Enforcement Officer (or his/her authorized inspector) for proper enforcement of this provision, the Code Enforcement Officer (or his/her authorized inspector, as the case may be) shall be authorized to apply for a search warrant pursuant to § 36-10A(2) of this chapter and such other legal requirements as may apply to permit such inspection(s).

B. Fees for certificates of occupancy shall be set periodically by the Board of Trustees of the Village.

C. Liability for damages. This section shall not be construed to hold the Village of Brockport responsible for any damages to persons or property by reason of inspections made pursuant to an application for a renewed certificate of occupancy or the failure to make inspections pursuant to an application for a renewed certificate of occupancy or the issuance of or the failure to issue a renewed certificate of occupancy.

§ 36-7 Conditional certificates of occupancy.

A. The Code Enforcement Officer shall be permitted to issue a conditional certificate of occupancy allowing the temporary occupancy of a building or structure, or portion(s) thereof, prior to the completion of all the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a conditional certificate of occupancy unless the Code Enforcement Officer determines:

(1) That the subject building or structure is in compliance with Chapter 58 of the Code, or otherwise that applications for any necessary approvals have been filed with the Village;

(2) That the subject building or structure, or designated portion(s) thereof, may be occupied safely;

(3) That any required fire- or smoke-detection, carbon monoxide and/or fire-protection equipment has been installed and is operational; and

(4) That any required means of ingress and egress from the subject building or structure have been provided.

B. If a conditional certificate of occupancy is issued, it shall state the specific work remaining to be done in connection with the building permit issued for the subject building or structure in order to bring the subject building or structure into full compliance with all applicable provisions of the Uniform Code, Energy Code and/or local law(s), as well as the date by which the indicated work is required to be completed, as determined by the Code Enforcement Officer, but which in no event shall exceed six months from the issuance date of the conditional certificate of occupancy.

C. Liability for damages. This section shall not be construed to hold the Village of Brockport responsible for any damages to persons or property by reason of inspections made or the failure to make inspections pursuant to the issuance of a conditional certificate of occupancy or the issuance of or the failure to issue a conditional certificate of occupancy.

§ 36-8 Certificate of occupancy/certificate of compliance issuance and filing.

A. Assuming all required conditions are satisfied in connection with any building permit issued for the subject building or structure, and otherwise that there is no existing violation of any applicable laws, ordinances or rules, a certificate of occupancy or certificate of compliance shall be issued within 10 days after written application thereof or, in the alternative, a conditional certificate of occupancy if authorized pursuant to § 36-7 of this chapter.

B. A record of all certificates of occupancy, certificates of compliance, and conditional certificates of occupancy, and their status, shall be kept in the office of the Code Enforcement Officer.

C. Change of use or occupancy. No change of use or occupancy shall be made to a building or structure if it would result in any change in classification under the Uniform Code, this chapter, Chapter 58 of the Code, or any other applicable law, ordinance or rule, unless it is found by the Code Enforcement Officer to comply therewith, and the subject building or structure shall not be occupied until a new certificate of occupancy, as applicable, is issued.

§ 36-9 Responsible parties.

The owner of a property is the party deemed responsible for compliance with the legal requirements of this chapter. Owners are persons with record title of property by conveyance deed, gift, devise, court order, or otherwise (including, but not limited to, by unrecorded instruments of conveyance or transfer, installment lease purchase option agreements, installment land contracts, and wrap-around contracts with deed transfer upon fulfillment of conditions stated), or any other person in actual possession of or otherwise having charge, care or control of the property, including but not limited to as executor, administrator, trustee, guardian, heir or distributee, and/or their guest(s) or agent(s). A "person" is defined, for purposes of this section, to include living persons or entities with the jural identity of a person, i.e., corporations, partnerships, LLCs, etc.

§ 36-10 Inspections.

A. The Code Enforcement Officer (or his authorized inspector) shall be responsible to make or cause to be made property inspection(s) to determine the conditions of buildings and dwellings, including multiple dwellings, dwelling units, rooming houses, boardinghouses, rooming units and premises, in order to safeguard the safety, health and welfare of the public under the provisions of this chapter. For that purpose, the Code Enforcement Officer (or his authorized inspector) is authorized to enter any dwelling, building, dwelling unit, multiple dwelling, rooming house or premises at any reasonable time for the purpose of performing his duties under this chapter. The owner, operator or occupant of every dwelling, building, multiple dwelling, dwelling unit or rooming unit, or the person in charge thereof, shall give the Code Enforcement Officer free access thereto and to all parts of the premises on which it is located at all reasonable times for the purpose of performing his duties under this chapter. Should an owner (and/or agent, employee, authorized representative, or operator) decline consent to inspection(s) believed to be necessary by the Code Enforcement Officer (or his authorized inspector) for proper enforcement of this provision, the Code Enforcement Officer (or his authorized inspector) shall be authorized to apply for a search warrant [pursuant to § 36-10A(2) of this chapter and such other legal requirements as may apply] to permit such inspection(s).

(1) Access by owner or operator. Every occupant of a dwelling unit or rooming unit shall give the owner or operator thereof, or his agent or employee, access to any part of such dwelling unit, rooming unit or its premises at all reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter.

(2) Application for search warrant. If in the opinion of the Code Enforcement Officer (or his authorized inspector) he has been unreasonably or unlawfully refused entry into the premises and/or property for purposes of conducting necessary property inspection(s), he shall apply forthwith for a search warrant, said application to be brought before a Village Justice of the Village of Brockport or any other court of competent jurisdiction. Upon issuance of any such search warrant by the Village of Brockport Justice Court and/or other court of competent jurisdiction, the Code Enforcement Officer (or his authorized inspector) shall conduct the inspection pursuant to the provisions of Criminal Procedure Law Article 690.

[Amended 12-15-2014 by L.L. No. 4-2014]

(3) Coordination of enforcement. Property inspections and the issuing of orders in connection therewith pursuant to the provisions of this chapter shall be the exclusive responsibility of the Code Enforcement Officer. Wherever in the opinion of the Code Enforcement Officer it is necessary or desirable to have inspections of any condition by any other department of the Village, the Code Enforcement Officer shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be unnecessarily subjected to multiple inspections or conflicting orders.

B. Administrative liability. Except as may otherwise be provided by statute, local law or ordinance, no officer, agent or employee of the municipality charged with the enforcement of the Housing and Buildings Code shall render himself personally liable for any resulting damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. No person who institutes or assists in the prosecution of a criminal proceeding under this chapter shall be liable for any resulting damage unless he/she acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any suit brought against any Mayor, Trustee(s) of the Village of Brockport, officer, agent or employee of the municipality as a result of any act required or permitted in the discharge of his/her duties under this chapter shall be defended by the legal representative of the municipality at no cost to the Mayor, Trustee(s) of the Village of Brockport, officer, agent or employee of the municipality until the final determination of the proceedings therein.

§ 36-11 Construction inspections.

A. Work where a building permit has been issued shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer (or his authorized inspector). The permit holder shall notify the Code Enforcement Officer (or his authorized inspector) when any element of work described in Subsection B of this section is completed and ready for inspection. Should an owner (and/or agent, employee, authorized representative, or operator) decline consent to inspection(s) believed to be necessary by the Code Enforcement Officer (or his authorized inspector) for proper enforcement of this provision, the Code Enforcement Officer (or his authorized inspector, as the case may be) shall be authorized to apply for a search warrant pursuant to § 36-10A(2) of this chapter and such other legal requirements as may apply to permit such inspection(s).

B. Elements of work to be inspected. In connection with the issuance of a building permit, the following elements of work shall be subject to inspection by the Code Enforcement Officer (or his authorized inspector), without limitation, and as deemed necessary by the Code Enforcement Officer:

(1) Preconstruction work site.

(2) Footing and foundation.

(3) Sanitary/storm laterals and water services.

(4) Structural framing assemblies.

(5) Building systems, including underground and rough-in.

(6) Fire-resistant construction.

(7) Fire-resistant penetrations.

(8) Electrical rough-in.

(9) Fire-suppression and fire alarm systems installations and tests.

(10) Solid-fuel-burning heating appliances, gas appliances, chimneys, flues or gas vents.

(11) Energy Code compliance.

(12) Final inspection after all work authorized by the building permit has been completed.

C. Construction inspection results. Upon inspection, the holder of the building permit or an authorized agent shall be notified of the work or portion of work which has been satisfactorily completed or otherwise notified regarding any noncompliant work under the Uniform Code, Energy Code or local law(s). Any designated noncompliant work shall remain fully exposed and accessible until such time as found to be satisfactorily completed by the Code Enforcement Officer (or his authorized inspector) after reinspection.

D. Liability for damages. This section shall not be construed to hold the Village of Brockport responsible for any damages to persons or property by reason of construction inspections made pursuant to an application for a building permit, certificate of occupancy or certificate of compliance or the failure to make construction inspections pursuant to an application for a building permit, certificate of occupancy, certificate of compliance or the issuance of or the failure to issue a building permit, certificate of occupancy, or certificate of compliance as a result of making construction inspections.

§ 36-12 Firesafety and property maintenance inspections.

A. Inspections required. The Code Enforcement Officer (or his authorized inspector) shall perform firesafety and property maintenance inspections of buildings and structures at the following intervals:

(1) Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly that contains one or more areas of public assembly with an occupant load of 100 persons or more shall be performed at least once annually as provided by § 36-3 of this chapter.

(2) Firesafety and property maintenance inspections of buildings or structures being occupied as health care, private schools and day cares shall be performed at least once annually.

(3) Firesafety and property maintenance inspections of all residential rental one- and two-family dwellings, multiple dwellings, boardinghouses, furnished-room houses, rooming houses, tourist homes, apartment houses, group homes or any other type of residential rental property shall be performed at least once every three years.

(4) Firesafety and property maintenance inspections of all nonresidential buildings and structures not included in Subsection A(1) and (2) above shall be performed at least once every three years.

B. Inspections permitted. In addition to the inspections required by this section, firesafety and property maintenance inspections of any building or structure may also be performed by the Code Enforcement Officer (or his authorized inspector) at any time upon:

(1) The request and/or consent of the owner of the building or structure to be inspected or an authorized agent of such owner;

(2) Receipt by the Code Enforcement Officer of a complaint statement alleging the existence of conditions or activities with respect to a building or structure which fail to comply with the Uniform Code, Energy Code or local laws; or

(3) Receipt by the Code Enforcement Officer of any other information reasonably believed by the Code Enforcement Officer to be reliable which gives rise to a cause to believe that there exist conditions or activities with respect to a building or structure which fail to comply with the Uniform Code, Energy Code or local laws; 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. Should an owner (and/or agent, employee, authorized representative, or operator) decline consent to inspection(s) believed to be necessary by the Code Enforcement Officer (or his authorized inspector) for proper enforcement of this provision, the Code Enforcement Officer (or his authorized inspector, as the case may be) shall be authorized to apply for a search warrant pursuant to § 36-10A(2) of this chapter and such other legal requirements as may apply to permit such inspection(s).

C. Liability for damages. This section shall not be construed to hold the Village of Brockport responsible for any damages to persons or property by reason of firesafety and property maintenance inspections or the failure to make or to cause to made any such firesafety and property maintenance inspections.

§ 36-13 Complaints.

A. 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, local law(s), or any other rule, regulation or ordinance. The process for responding to a complaint shall include the following steps as the Code Enforcement Officer, at his discretion, may deem to be appropriate:

(1) Performing an inspection of the conditions and/or activities alleged to be in violation and documenting the results of such inspection. Should an owner (and/or agent, employee, authorized representative, or operator) decline consent to inspection(s) believed to be necessary by the Code Enforcement Officer (or his authorized inspector) for proper enforcement of this provision, the Code Enforcement Officer (or his authorized inspector, as the case may be) shall be authorized to apply for a search warrant pursuant to § 36-10A(2) of this chapter and such other legal requirements as may apply to permit such inspection(s).

(2) If a violation is found to exist, providing the owner of the affected property and any other person(s) who may be responsible for the violation with notice of the violation and an opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described by this chapter.

(3) If appropriate, issuing a stop-work order pursuant to § 36-14 of this chapter and/or issuing a red tag/placard pursuant to § 36-15 of this chapter.

(4) If a violation which was found to exist is subsequently indicated to have been abated or corrected, performing a confirmatory inspection to ensure the remediation of the violation and, if remediation is confirmed, preparing and filing a final written report reflecting the remediation of the violation.

§ 36-14 Stop-work orders.

A. Authority to issue. The Code Enforcement Officer (or his authorized inspector) is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer (or his authorized inspector) shall issue a stop-work order to halt:

(1) Work that is determined by the Code Enforcement Officer (or his authorized inspector) to be contrary to applicable provisions of the Uniform Code, Energy Code or local laws, without regard to whether or not any building permit or approval was issued or required to be issued for the work to be completed;

(2) Work that is determined by the Code Enforcement Officer (or his authorized inspector) to be conducted in a dangerous or unsafe manner, without regard to whether or not a building permit or approval was issued or required to be issued for the work to be completed; or

(3) Work that is being performed without a building permit or approval, if a building permit or approval is required, or work that is being performed under a building permit or approval which has become invalid, has expired, or has been suspended or revoked.

B. Content of stop-work orders. Stop-work orders shall:

(1) Be in writing;

(2) Be dated and signed by the Code Enforcement Officer (or his authorized inspector);

(3) State the reason(s) for issuance; and

(4) If applicable, state the condition(s) which must be satisfied before work will be permitted to resume.

C. Service of stop-work orders. The Code Enforcement Officer (or his authorized inspector) shall cause a copy of the stop-work order to be served on the owner of the affected property and, if different, also to be served on the holder of the building permit or approval, which is to be served personally or by registered mail/certified mail. The Code Enforcement Officer (or his authorized inspector) shall be permitted, but not required, to cause a copy of the stop-work order to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in the work affected by the stop-work order, which may be served in any manner. Failure to serve this copy shall in no event affect the validity of the stop-work order. In all cases, the Code Enforcement Officer (or his authorized inspector) shall also cause a copy of the stop-work order to be posted on the noncompliant building or other structure, equipment or land.

D. Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder, if different, and any other person performing, taking part in or assisting in the work being performed 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 the events described in Subsection A of this section and in no event shall limit the ability and authority of the Code Enforcement Officer (or his authorized inspector) to pursue any other remedy or penalty pursuant to this chapter or under any other applicable state or local 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.

§ 36-15 Structures unfit for human habitation (red tag/placard).

A. Whenever the Code Enforcement Officer (or his authorized inspector) finds that any building, dwelling, multiple dwelling, dwelling unit, or any other structure or premises is potentially unsafe and/or constitutes a potential hazard to the safety, health or welfare of the occupants or to the public because it is significantly in disrepair, damaged or unsanitary, or because it lacks necessary sanitary facilities or equipment, or otherwise because it fails to comply with the minimum provisions of this chapter, the Uniform Code, or other applicable state or local law, but has not yet reached such state of disrepair as to be condemned as an unsafe building pursuant to the provisions of Article II of this chapter, the Code Enforcement Officer (or his authorized inspector) may declare such building, dwelling, multiple dwelling, dwelling unit, structure or premises unfit for human habitation and thus order it to be vacated by all occupants thereof pending the appropriate remediation.

B. Any building, dwelling, multiple dwelling, dwelling unit, or other structure or premises which is declared unfit for human habitation shall be posted with a red tag/placard by the Code Enforcement Officer (or his authorized inspector). The red tag/placard shall include the following:

(1) The name of the Village.

(2) The name of the Code Enforcement Officer (or his authorized inspector) issuing the red tag/placard.

(3) The section of this chapter under which the red tag/placard is issued.

(4) If not directed by the Code Enforcement Officer (or his authorized inspector) to be vacated immediately, the date by which the dwelling, building, multiple dwelling or structure, or premises must be vacated.

(5) Unless all entry is forbidden by the Code Enforcement Officer (or his authorized inspector), an order that the building, dwelling, multiple dwelling, dwelling unit, or other structure or premises must not be occupied until the red tag/placard is removed from the subject property by the Code Enforcement Officer (or his authorized inspector).

(6) The date that the red tag/placard is posted.

(7) A statement that it constitutes a violation of law under this chapter for any such red tag/placard to be defaced or removed by other than the Code Enforcement Officer (or his authorized inspector).

C. Notice to owner. Whenever the Code Enforcement Officer (or his authorized inspector) has declared a building, dwelling, multiple dwelling, dwelling unit, or other structure or premises unfit for human habitation, the Code Enforcement Officer shall provide separate notice of such declaration to the owner thereof. Such notice shall:

(1) Be in writing.

(2) Include a description of the real estate sufficient for identification.

(3) Include a statement of the reason or reasons why it is being issued.

(4) State the required remedies to correct the deficient property conditions.

(5) If the property is not already vacant, state that all occupants must vacate immediately, or by a date specified, and that the property must remain vacant until appropriately remediated.

D. Service of notice to owner. Notice of the declaration of a structure as unfit for human habitation shall be served upon the property owner in the same manner as provided in § 36-27D of this chapter. When the existing property conditions require the removal or demolition of the building, the Code Enforcement Officer (or his authorized inspector) shall have authority for emergency measures as provided in Article II of this chapter pertaining to unsafe buildings.

E. Removal of red tag/placard. No person other than the Code Enforcement Officer (or his authorized inspector) shall deface or remove a red tag/placard from any building, dwelling, multiple dwelling, dwelling unit, or other structure or premises which has been declared unfit for human habitation.

F. Vacating of structures declared unfit for human habitation. A building, dwelling, multiple dwelling, dwelling unit, or other structure or premises which has been declared unfit for human habitation by the Code Enforcement Officer (or his authorized inspector) shall be vacated immediately, or alternately by a date listed on the placard. It shall be unlawful for any person to occupy, and/or for any owner or operator to permit to be occupied, any building, dwelling, multiple dwelling, dwelling unit, or other structure or premises which has been declared as unfit for human habitation after the red tag/placard is posted or after the vacate date on the placard.

G. Occupancy of building. No building, dwelling, multiple dwelling, dwelling unit, or other structure or premises which has been declared unfit for human habitation shall again be used for human habitation until so approved by the Code Enforcement Officer (or his authorized inspector). The Code Enforcement Officer (or his authorized inspector) shall remove the red tag/placard only when the indicated defect(s) have been appropriately remediated or as otherwise may be required by judicial proceedings.