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 the Village. Except as otherwise
provided in the Uniform Code, the Energy 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 this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
62-4 hereof. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
ENERGY CODE
The NYStretch Energy Code 2020, published by the New York
State Energy Research and Development Authority, as currently in effect
and as hereafter amended from time to time.
[Amended 2-18-2021 by L.L. No. 1-2021]
OPERATING PERMIT
A permit issued pursuant to §
62-10 hereof. 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.
VILLAGE
The Village of Montour Falls.
The chief of any fire department providing fire-fighting
services for a property within the 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
66, 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 chapter, ordinance or regulation
adopted for administration and enforcement of the Uniform Code or
the Energy Code. The process for responding to a complaint shall include
such of the following steps as the Code Enforcement Officer may deem
to be appropriate:
A. Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
62-15, Enforcement; penalties for offenses, hereof;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
A fee schedule shall be established by resolution
of the Board of Trustees. 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 the Code Enforcement Officer described in or contemplated by this
chapter.
The Board of Trustees may, by resolution, authorize
the Mayor of the Village to enter into an agreement, in the name of
the Village, with other governments to carry out the terms of this
chapter, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.
If any section hereof 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.