The Code Enforcement Officer shall review and investigate written
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 other provisions of the Village Code. The process for responding
to a complaint shall include 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 § 76-19, 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.
[Added 11-13-2012 by L.L. No. 6-2012]
Any resolution or ordinance hereinafter adopted by the Village
Board pursuant to General Municipal Law § 22 for the purpose
of claiming against fire insurance policy proceeds for liens for taxes,
special ad valorem levies, special assessments and municipal charges
shall be subject to the condition that the Village shall release or
return to the insured any amounts to which it would otherwise be entitled
to claim, provided that the insured agrees with the Village, in writing,
to restore the affected premises to the same or improved condition
that it was prior to the time that the Village's lien against
proceeds as provided in General Municipal Law § 22 arose,
subject to conditions as such resolution or ordinance shall provide
to guarantee performance of such obligation, including but not limited
to an agreement to deposit such proceeds in an escrow account or that
the insured shall obtain a performance bond.
A.
The Code Enforcement Officer 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/certificates of compliance,
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 Code Enforcement Officer shall annually submit to the Village Administrator a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in § 76-17, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Village Administrator shall annually submit to the Secretary
of State, on behalf of the Village of Depew/Code Enforcement Officer,
on a form prescribed by the Secretary of State, a report of the activities
of the Village of Depew relative to administration and enforcement
of the Uniform Code.
C.
The Code Enforcement Officer 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 Village is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Village in connection
with administration and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is 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, the Code Enforcement Officer
shall issue a compliance order.
(1)
The compliance order shall be in writing;
(2)
Be dated and signed by the Code Enforcement Officer;
(3)
Specify the condition or activity that violates the Uniform Code,
the Energy Code, or this chapter;
(4)
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;
(5)
Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(6)
Direct that compliance be achieved within the specified period of
time; and
(7)
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
The 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 certified mail and regular mail. The 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 certified
mail and regular 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 Officer and each Inspector
are authorized and may issue appearance tickets for any violation
of the Uniform Code, the Energy Code and this chapter.
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/certificate of compliance, temporary
certificate, stop-work order, operating permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision
of this chapter may 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 the Village of Depew.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Depew, 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/certificate of compliance, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order
issued by the 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 the Village of Depew, 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 Village Board of Trustees
of the Village of Depew.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 76-9, 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 § 76-9, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law.
A fee schedule shall be established by resolution of the Village
of Depew 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/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 chapter.
If 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.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
