[HISTORY: Adopted by the Town Board of the
Town of Cicero 9-10-2007 by L.L. No. 9-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 74.
Flood damage prevention — See Ch. 112.
Housing standards — See Ch.
124.
Mobile homes — See Ch. 140.
Zoning — See Ch. 210.
[1]
Editor's Note: This local law also repealed former Ch. 68, Building Construction and Fire Prevention: Part 1, Building Code Enforcement, derived from Ch. 26 of the 1974 Compilation, as amended; Part 2, Fire Prevention, derived from Ch. 55 of the 1974 Compilation, as amended; and Part 3, State Uniform Fire Prevention and Building Code, adopted 11-23-1987 by L.L. No. 2-1987.
A.
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Town. 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.
B.
This chapter shall be known as the “New York
State Uniform Fire Prevention and Building Code and the State Energy
Conservation Construction Code.”
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 68-4 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 § 68-7B of this chapter.
Any Code enforcement officer appointed pursuant to § 68-3B of this chapter. For purposes of this chapter, “Code enforcement officer” shall include the Town's Director of Planning.
An order issued by the Code Enforcement Officer pursuant to § 68-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 68-3D of this chapter.
A permit issued pursuant to § 68-10 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 § 68-6 of this chapter.
A certificate issued pursuant to § 68-7D of this chapter.
The Town of Cicero.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Department of Planning and Development of the Town of
Cicero.
[Amended 7-24-2013 by L.L. No. 7-2013]
A.
The Town shall have one or more Code Enforcement Officers.
Any Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code and this chapter.
Code enforcement officers shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, temporary certificates
and operating permits, and the plans, specifications and construction
documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, temporary certificates and operating
permits, and to include in building permits, certificates of occupancy,
temporary certificates and operating permits such terms and conditions
as the Code Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy, temporary
certificates and operating permits, firesafety and property maintenance
inspections, inspections incidental to the investigation of complaints,
and all other inspections 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 Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the attorney for the Town, 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;
(11)
To request and receive, so far as it may be necessary
in the discharge of his or her duties, the assistance and cooperation
of the Police, Fire and Health Departments and officers and of all
other municipal officials exercising any jurisdiction over the construction,
use or occupancy of buildings or the installation of equipment therein;
and
(12)
To exercise all other powers and fulfill all other
duties conferred upon the Code enforcement officers by this chapter.
B.
Code enforcement officers shall be appointed by the
Town Board of this Town. Code enforcement officers 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 officers shall obtain certification from
the State Fire Administrator pursuant to the Executive Law and the
regulations promulgated thereunder.
C.
One or more inspectors may be appointed by the Town
Board of this Town to act under the supervision and direction of the
Code enforcement officers and to assist the Code enforcement officers
in the exercise of the powers and fulfillment of the duties conferred
upon the Code enforcement officers 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 State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder. Inspectors shall have the following powers and duties:
(1)
To report to the Code enforcement officers all violations
of or deviations from or omissions of the electrical provisions of
the New York State Uniform Fire Prevention and Building Code and the
Municipal Code. The Inspector shall make inspections and reinspections
of electrical installations in and on properties in the Town upon
the written request of the Code Enforcement Officers or Fire Marshal
as herein provided.
(2)
To make inspections and reinspections of electrical
wiring installations, devices, appliances and equipment in and on
properties within the Town where the inspector deems it necessary
for the protection of life and property, with the exception of single-family
dwellings. Inspectors shall inspect single-family dwellings only upon
request of the Fire Marshal.
(3)
In the event of an emergency, it is the duty of the
Inspector to make electrical inspections upon the oral request of
an official or officer of the Town.
(4)
To furnish written reports to the proper officials
of the Town and owners and/or lessees of property where defective
electrical installations and equipment are found upon inspection.
(5)
Authorize the issuing of a certificate of compliance
when electrical installations and equipment are in conformity with
the New York State Uniform Fire Prevention and Building Code or with
the Code of this Town, and shall direct that a copy of the certificate
of compliance be sent to the Code enforcement officers.
D.
The compensation for Code enforcement officers and
inspectors shall be fixed from time to time by the Town Board of this
Town.
E.
No officer or employee of the Zoning and Planning
Department of this Town shall engage in any activity inconsistent
with his or her duties or with the interests of the Zoning and Planning
Department. Nor shall he or she, during the term of his or her employment,
be engaged directly or indirectly in any building business, in the
furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the Town, excepting only that this
provision shall not prohibit any employee or officer from such activities
in connection with the construction of a building or structure owned
by him or her and not constructed for sale.
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 a Code enforcement officer.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
[Amended 7-24-2013 by L.L. No. 7-2013]
(1)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2)
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;
(3)
Construction of retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(5)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(6)
Installation of partitions or movable cases less than five feet nine
inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(8)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(9)
Replacement of any equipment, provided that the replacement does
not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(10)
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 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 Zoning and Planning Department. The application
shall be signed by 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 Zoning and Planning Department
deems sufficient to permit a determination by a 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 a Code enforcement officer in writing or by stamp. 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. A Code enforcement officer shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits
shall be visibly displayed at the work site and shall remain visible
until the authorized work has been completed.
H.
Work to be performed 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 a Code enforcement
officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If a 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; demolition permits shall expire six months after
the date of issuance. A building permit which has become invalid or
which has expired pursuant to this subsection may be renewed, for
successive six-month periods, upon application by the permit holder,
payment of the applicable fee, and approval of the application by
a Code enforcement officer.
[Amended 7-24-2013 by L.L. No. 7-2013]
J.
Revocation or suspension of building permits. If a
Code enforcement officer determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code or the Energy Code, the Code Enforcement Officer shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that all work then completed
is in compliance with all applicable provisions of the Uniform Code
and the Energy Code and all work then proposed to be performed shall
be in compliance with all applicable provisions of the Uniform Code
and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by a Code enforcement officer or by an inspector authorized by a Code enforcement officer. The permit holder shall notify the Planning and Zoning Department when any element of work described in Subsection C of this section is ready for inspection.
B.
Any Code enforcement officer or inspector, 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.
C.
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.
D.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. A Code enforcement officer is
authorized to issue stop-work orders pursuant to this section. A Code
enforcement officer shall issue a stop-work order to halt:
(1)
Any work that is determined by a 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 a Code enforcement officer, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under
a building permit that has become invalid, has expired, or has been
suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall
be in writing, be dated and signed by a Code enforcement officer,
state the reason or reasons for issuance, and, if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. A 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 registered mail. A
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
registered 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 § 68-15, 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 required. A certificate
of occupancy shall be required for any work which is the subject of
a building permit and for all structures, buildings, or portions thereof
which are converted from one use or occupancy classification or subclassification
to another. Permission to use or occupy a building or structure, or
portion thereof, for which a building permit was previously issued
shall be granted only by issuance of a certificate of occupancy.
B.
Issuance of certificates of occupancy. A Code enforcement
officer shall issue a certificate of occupancy if the work which was
the subject of the building permit was completed in accordance with
all applicable provisions of the Uniform Code and Energy Code and,
if applicable, the structure, building or portion thereof that was
converted from one use or occupancy classification or subclassification
to another complies with all applicable provisions of the Uniform
Code and Energy Code. A Code enforcement officer or an inspector authorized
by a Code enforcement officer shall inspect the building, structure
or work prior to the issuance of a certificate of occupancy. In addition,
where applicable, the following documents, prepared in accordance
with the provisions of the Uniform Code by such person or persons
as may be designated by or otherwise acceptable to the Code enforcement
officer, at the expense of the applicant for the certificate of occupancy,
shall be provided to a Code enforcement officer prior to the issuance
of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate
of occupancy shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable
to an entire structure, a description of that portion of the structure
for which the certificate of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of a Code enforcement officer issuing
the certificate of occupancy and the date of issuance.
D.
Temporary certificate. A 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 a Code enforcement officer issue a temporary
certificate unless a Code enforcement officer determines that the
building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely, that any fire- and smoke-detecting
or fire protection equipment which has been installed is operational,
and that all required means of egress from the building or structure
have been provided. A Code enforcement officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent
of the Uniform Code. A temporary certificate shall be effective for
a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
E.
Revocation or suspension of certificates. If a Code
enforcement officer determines that a certificate of occupancy or
a temporary certificate was issued in error because of incorrect,
inaccurate or incomplete information, and if the relevant deficiencies
are not corrected to the satisfaction of a Code enforcement officer
within such period of time as shall be specified by a Code enforcement
officer, a Code enforcement officer shall revoke or suspend such certificate.
F.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 68-16, Fees, of this chapter must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate.
G.
Tests. Whenever there are reasonable grounds to believe
that any materials, construction equipment or assembly does not conform
to the requirements of this Code or other applicable building laws,
ordinances, rules or regulations, a Code enforcement officer may require
the same to be subjected to tests in order to furnish proof of such
compliance.
The chief of any fire department providing fire-fighting
services for a property within this Town shall promptly notify the
Planning and Zoning Department of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter 74 of the Town Code, as now in effect or as hereafter amended.
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 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;
(b)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board of this Town.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to a Code enforcement officer. Such application
shall include such information as a Code enforcement officer deems
sufficient to permit a determination by a Code enforcement officer
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If a 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 a Code enforcement
officer, at the expense of the applicant.
C.
Inspections. A Code enforcement officer or an inspector
authorized by a 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, a Code enforcement officer may require a separate operating permit for each such activity, or a 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
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by a Code enforcement officer to be consistent with local conditions.
The effective period of each operating permit shall be specified in
the operating permit. An operating permit may be reissued or renewed
upon application to a Code enforcement officer, payment of the applicable
fee, and approval of such application by a Code enforcement officer.
F.
Revocation or suspension of operating permits. If
a 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 a Code
enforcement officer or an inspector designated by a 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 a Code enforcement officer or an inspector designated by a Code enforcement officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by a Code enforcement officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by a Code enforcement officer of any other information, reasonably believed by a 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 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.
A 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
the 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 a 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 § 68-15, 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 Zoning and Planning Office shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy, temporary
certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints 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 Zoning and Planning Office shall annually submit to the Town Board of this Town a written report and summary of all business conducted by a Code enforcement officer and the inspectors, including a report and summary of all transactions and activities described in § 68-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Zoning and Planning Office shall annually submit
to the Secretary of State, on behalf of this Town, on a form prescribed
by the Secretary of State, a report of the activities of this Town
relative to administration and enforcement of the Uniform Code.
C.
The Zoning and Planning Office 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 Town is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
this Town in connection with administration and enforcement of the
Uniform Code.
A.
Compliance orders.
(1)
The Code enforcement officers are authorized to order,
in writing, the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. Upon finding
that any such condition or activity exists, a Code enforcement officer
shall issue a compliance order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by a 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 a 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)
A 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 registered mail. A 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 registered 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 officers
and each inspector are authorized to issue appearance tickets for
any violation of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code or this chapter, or any term or condition of
any building permit, certificate of occupancy, temporary certificate,
stop-work order, operating permit or other notice or order issued
by a Code enforcement officer pursuant to any provision of this chapter,
shall be liable to a civil penalty of not more than $250 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 Town.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Town, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this chapter, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, operating permit,
compliance order, or other notice or order issued by a 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 Town, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Town Board of this Town.
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 § 68-6, 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 § 68-6, 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.
A.
A fee schedule shall be established by resolution
of the Town Board of this Town. Such fee schedule may thereafter be
amended from time to time by like resolution. The fees set forth in,
or determined in accordance with, such fee schedule or amended fee
schedule shall be charged and collected for the submission of applications,
the issuance of building permits, amended building permits, renewed
building permits, certificates of occupancy, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of a Code enforcement officer described in or contemplated
by this chapter.
B.
In the event that an application for a building permit
is not approved, the applicant shall be entitled to a refund of 50%
of the fee paid, provided that no construction has been commenced.
If construction work has started and the application is not approved,
the fee(s) paid shall not be refunded.
[Added 10-10-2018 by L.L. No.
10-2018]
A.
There shall be imposed a fee of $500 per approved apartment unit
for any apartment units to be constructed in the Town. This fee shall
not apply to apartment developments of less than four units and shall
not apply to any development that paid an apartment-based fee in lieu
of parkland contribution as part of the subdivision process. This
fee shall be due and payable prior to the issuance of any building
permits for construction of new apartment units or renovation of an
existing structure into apartment units.
B.
All moneys collected shall be deposited in one or more separate accounts
as provided by law, to be used only for capital expenditures related
to public recreation in the Town of Cicero. Expenditures from the
fund or funds so established shall be made by the Town Board after
recommendation by the Parks and Recreation Commission.
C.
This section shall take effect immediately upon filing with the Secretary
of State.
The Town Board of this Town may, by resolution,
authorize the Supervisor of this Town to enter into an agreement,
in the name of this Town, with other governments to carry out the
terms of this chapter, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
Notwithstanding any contrary provisions in this
chapter, the State Uniform Fire Prevention and Building Code, as the
same is amended from time to time by the State Building Code Council,
is hereby made applicable to the Town of Cicero.
A.
Fire lanes and fire hydrant areas. The standing, stopping
or parking of any vehicle is prohibited in any area within the parking
area of a shopping center which has been designated as a fire lane
or which has been designated as a fire hydrant area.
B.
Penalties for offenses. Any person found to be in
violation of this section shall be subject to a penalty of $100 for
the first offense; a penalty of $200 for a second offense within 18
months of the first offense; and a penalty of $300 for a third conviction
within 18 months of the first offense. The owner of each shopping
center property in the Town where a parking area has been designated
as a fire lane shall be responsible for posting signs near or adjacent
to such fire lane informing the public of the penalties contained
in this section.
[Amended 1-12-2011 by L.L. No. 1-2011]
C.
Authority to impound motor vehicles. When any vehicle is found unattended so as to constitute an obstruction to traffic or where any vehicle is found abandoned, stopped, parked or standing in an area designated as a fire lane or fire hydrant area in violation of Subsection A of this section, said vehicle may be removed therefrom by direction of the Town of Cicero Police Department. (The provisions of § 198-10 of this Municipal Code shall apply to the storage and notice of removal of vehicles impounded pursuant to this section.)
A.
Use of cooking devices. It shall be prohibited to
use any type of outdoor cooking device within 15 feet of any multiple
residence.
B.
Penalties for offenses. Any person found to be in
violation of this section shall be subject to a penalty of $15 for
the first offense, $25 for the second offense, and $50 for the third
and any subsequent offenses.
A.
Placement of dumpsters. It shall be prohibited to
place a rubbish dumpster closer than 15 feet to any permanent structure.
The Town authority having jurisdiction may make exception to this
regulation in the case of fire-resistive construction of any such
structure.
B.
Penalties for offenses. Any person found to be in
violation of this section shall be subject to a penalty of $15 for
the first offense, $25 for a second offense, and $50 for the third
and subsequent offenses.
