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 of Brewster.
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
this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
103-4 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.
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 §
103-10 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
Includes 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.
The chief of any fire department providing fire-fighting
services for a property within this Village of Brewster 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 of Brewster shall be identified and addressed in accordance with the procedures established by Local Law No. 2-1974, codified as Chapter
82 of the Municipal Code of the Village of Brewster, New York, entitled "Buildings, Unsafe ," effective November 26, 1974; and by Local Law No. 1-1993, codified as Chapter
148 of the aforesaid Municipal Code, entitled "Housing Maintenance," effective July 7, 1993, 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 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 §
103-15, Violations; 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 fee schedule shall be established by resolution
of the Village of Brewster Board of Trustees. Such fee schedule may thereafter be amended from time
to time by like resolution. The fee schedule will be on file with
the Clerk of the Village of Brewster. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications; the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, firesafety and property maintenance inspections;
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Village of Brewster Board of Trustees may,
by resolution, authorize the Mayor of this Village of Brewster to
enter into an agreement, in the name of this Village of Brewster,
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.