As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
84-3 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 PERSONNEL
The official(s) appointed by the Town Board pursuant to §
84-2 of this chapter and shall include the Code Enforcement Officer and all Assistant Code Enforcement Officers.
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 §
84-9 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.
STEEP SLOPES PERMIT
A permit issued pursuant to Chapter
148 of the Code of the Town of South Bristol. The term "steep slopes permit" shall also include a steep slopes permit which is renewed, amended or extended pursuant to any provision of Chapter
148.
[Added 8-8-2011 by L.L. No. 2-2011]
TOWN
The Town of South Bristol.
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 Town 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 Town
shall be identified and addressed in accordance with the following
procedures:
A. Purpose. Unsafe buildings pose a threat to life and
property in the Town of South Bristol. Buildings and structures may
become unsafe by reason of damage by fire, the elements, age or general
deterioration. Vacant buildings not properly secured at doorways and
windows also serve as an attractive nuisance for young children who
may be injured therein, as well as a point of congregation by vagrants
and transients. A dilapidated building may also serve as a place of
rodent infestation, thereby creating a health menace to the community.
It is the purpose of this section to provide for the safety, health,
protection and general welfare of persons and property in the Town
of South Bristol by requiring that such unsafe buildings be repaired
or demolished and removed.
B. Inspection and report. When, in his own opinion or
upon receipt of information that a building is or may become dangerous
or unsafe to the general public, is open at the doorways and windows
making it accessible to and an object of attraction to minors under
18 years of age, as well as to vagrants and other trespassers, is
or may become a place of rodent infestation, presents any other danger
to the health, safety, morals and general welfare of the public or
is unfit for the purposes for which it may lawfully be used, the Code
Enforcement Officer shall cause or make an inspection thereof and
report, in writing, to the Town Board his findings and recommendations
in regard to its repair or demolition and removal.
C. Town Board order; notice. The Town Board shall thereafter
consider such report and by resolution determine, if in its opinion
the report so warrants, that such building is unsafe and dangerous
and order its repair, if the same can be safely repaired, or its demolition
and removal and further order that a notice be served upon the persons
and in the manner provided herein.
D. Contents of notice. The notice shall contain the following:
(1) A description of the premises;
(2) A statement of the particulars in which the building
is unsafe or dangerous;
(3) An order outlining the manner in which the building
is to be made safe and secure or demolished and removed;
(4) A statement that the securing or removal of such building
shall commence within 84 days of the service of the notice and shall
be completed within 60 days thereafter, unless for good cause shown
such time shall be extended;
(5) A date, time and place for a hearing before the Town
Board in relation to such dangerous or unsafe building, which hearing
shall be scheduled not less than five business days from the date
of service of the notice;
(6) A statement that, in the event of neglect or refusal
to comply with the order to secure or demolish and remove the building,
the Town Board is authorized to provide for its demolition and removal,
to assess all expenses thereof against the land on which it is located
and to institute a special proceeding to collect the costs of demolition,
including expenses.
E. Service of notice. The notice shall be served:
(1) By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee or any person having a vested
or contingent interest in such unsafe building, as shown by the records
of the Receiver of Taxes (or Tax Collector) or of the County Clerk,
or, if no such person can be reasonably found, by mailing such owner
by registered mail a copy of such notice directed to his last known
address as shown by the above records;
(2) By personal service of a copy of such notice upon
any adult person residing in or occupying said premises if such person
can be reasonably found; and
(3) By securely affixing a copy of such notice upon the
unsafe building.
F. Filing of copy of notice. A copy of the notice served
as provided herein shall be filed in the office of the County Clerk
of the County of Ontario.
G. Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency as provided in Subsection
I hereof, any contract for demolition and removal of a building in excess of $5,000 shall be awarded through competitive bidding.
H. Assessment of expenses. All expenses incurred by the
Town in connection with the proceedings to repair and secure or demolish
and remove the unsafe building, including the cost of actually removing
such building, shall be assessed against the land on which such building
is located and shall be levied and collected in the same manner as
provided in the Town Law for levy and collection of a special ad valorem
levy.
I. Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired or secured or demolished, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in Subsection
H hereof.
[Amended 8-8-2011 by L.L. No. 2-2011]
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, Chapter
148 (Steep Slopes), or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code, the Energy Code or the Town 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 §
84-14, 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 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/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 Town Board of this Town may, by resolution,
authorize the Town 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.