This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Village. This chapter
is adopted pursuant to § 10 of the Municipal Home Rule Law
and Article 18 of the Executive Law and rules and regulations promulgated
pursuant thereto. Except as otherwise provided in the Uniform Code,
other state law, or other section of this chapter, all buildings,
structures, and premises, regardless of use or occupancy, are subject
to the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
97-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to §
97-3B of this chapter and shall include the designation “Building Inspector.” The terms “Code Enforcement Officer” and “Building Inspector” shall be used interchangeably in the Code of the Village of Middleport..
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
97-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Amended 5-20-2013 by L.L. No. 2-2013; 11-17-2014 by L.L. No. 4-2014]
A. The office of Code Enforcement Officer is hereby established
and continued. The Code Enforcement Officer shall administer and enforce
all the provisions of the Uniform Code, the Energy Code and this chapter
and all other laws administered and enforced by the Code Enforcement
Officer or the Building Inspector in the Village of Middleport. The
Code Enforcement Officer shall have the following powers and duties:
(1) To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, 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;
(6) To issue orders pursuant to §
97-15A, Compliance orders, of this chapter;
(8) To collect fees as set by the Village Board of this
Village;
(9) To pursue administrative enforcement actions and proceedings;
(10) To pursue such legal actions and proceedings as may
be necessary to enforce the Uniform Code, the Energy Code and this
chapter, or to abate or correct conditions not in compliance with
the Uniform Code, the Energy Code or this chapter; and
(11) To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
B. The Code Enforcement Officer shall be appointed by
the Village Board. The Code Enforcement Officer shall possess background
experience related to building construction or fire prevention and
shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training and other training
as the State of New York shall require for code enforcement personnel,
and the Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C. In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by the Village Board to serve as Acting Code Enforcement Officer.
The Acting Code Enforcement Officer shall, during the term of his
or her appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this chapter.
D. One or more inspectors may be appointed by the Village
Board to act under the supervision and direction of the Code Enforcement
Officer and 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 State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter
76 of the Code of the Village of Middleport, as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other local law, ordinance, rule or regulation
adopted for administration and enforcement of the Uniform Code or
the Energy Code or other local law, ordinance, rule or regulation.
The process for responding to a complaint shall include such of the
following steps as the Code Enforcement Officer may deem to be appropriate:
A. Making an initial determination of the basis of the
complaint and whether further investigation is merited.
B. Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
C. 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 §
97-15, Enforcement; penalties for offenses, of this chapter;
D. If appropriate, issuing a stop-work order;
E. 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.
The Middleport Village Board may, by resolution,
authorize the Mayor to enter into an agreement 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.
In any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this chapter.
Chapter
97 (§§
97-1 through
97-10) of the Village of Middleport Code is hereby repealed and replaced in its entirety by this chapter.
This chapter shall take effect immediately upon
filing in the office of the New York State Secretary of State.