[Amended 10-3-2016 by L.L. No. 1-2016]
It shall be unlawful for any person, firm or corporation to
construct, alter, repair, move, equip, use or occupy any building
or structure or portion thereof in violation of any provision of the
Uniform Code or this chapter, as well as any regulation or rule promulgated
by the Code Enforcement Official in accordance with applicable laws,
or to fail in any manner to comply with a notice directive or order
of the Code Enforcement Official or to construct, alter, use or occupy
any building or structure or part thereof in a manner not permitted
by an approved building permit or certificate of occupancy. In the
event of a violation and the failure to comply, neither a building
permit nor a certificate of occupancy shall be issued. If a certificate
of occupancy has been previously issued and thereafter a violation
is found, the certificate shall be revoked if such violation is not
remedied. If the Code Enforcement Official determines that a certificate
of occupancy or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Official within such period of time as shall be specified by the Code
Enforcement Official, the Code Enforcement Official shall revoke or
suspend such certificate.
[Amended 10-3-2016 by L.L. No. 1-2016]
A.
Authority to issue. The Code Enforcement Official is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Official shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Official to be
contrary to any applicable provision of the Uniform Code, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner,
in the opinion of the Code Enforcement Official, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
Service of stop-work orders. The Code Enforcement Official shall
cause the stop-work order, or a copy thereof, to be served on the
owner of the affected property (and, if the owner is not the permit
holder, on the permit holder) personally or by certified mail. The
Code Enforcement Official shall be permitted, but not required, to
cause the stop-work 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 affected by the stop-work order, personally or by
certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under this chapter or under any other applicable provision of the Village Code of the Village of Fort Edward or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
Any person who shall fail to comply with a written order of
the Code Enforcement Official within the time fixed for compliance
and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents, or any other person taking
part or assisting in the construction or use of any building, who
shall knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, permit or certificate of the Code Enforcement
Official shall be subject to a fine and/or penalty consistent with
the provisions of Article 18, § 382, of the Executive Law
of the State of New York and the penalties imposed under this chapter.
[Amended 10-3-2016 by L.L. No. 1-2016]
A.
Compliance orders. The Code Enforcement Official 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 or this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Official shall issue a compliance order. The compliance order shall 1) be in writing; 2) be dated and signed by the Code Enforcement Officer; 3) specify the condition or activity that violates the Uniform Code or this chapter; 4) specify the provision or provisions of the Uniform Code or this chapter which is/are violated by the specified condition or activity; 5) specify that the order must be complied with no later 30 days from the date of said order 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 thirty-day time period of time. The Code Enforcement Official shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail within five days of the date of such order. The Code Enforcement Official 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; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order. Any notice to be served as provided for in this § 127-31 shall include the following statement: "NOTICE: Full compliance with this order to remedy is required by [specify date], which is 30 days after the date of this order. If the person or entity served with this order to remedy fails to comply in full with this order to remedy within the thirty-day period, the person or entity will be subject to a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both."
B.
Appearance tickets. The Code Enforcement Official and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code or this chapter, including but not limited to any order
to remedy issued pursuant to this chapter.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code or
this chapter, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, or other notice
or order issued by the Code Enforcement Official pursuant to any provision
of this chapter, shall 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.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, 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, this chapter, or any term or condition
of any building permit, certificate of occupancy, temporary certificate,
stop-work order, operating permit, compliance order, or other notice
or order issued by the Code Enforcement Official 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, this chapter, or any stop-work
order, compliance order or other order obtained under the Uniform
Code or this chapter, an action or proceeding may be commenced in
the name of the Village, 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 Board of Trustees of the Village.
E.
Remediation. In the event any person shall fail to comply with a
written order of the Code Enforcement Official, upon application by
the Code Enforcement Official to the Board of Trustees, the Board
of Trustees may order the remediation to be performed by the Village
or by its designee, or agent, including a private contractor lawfully
engaged and authorized by the Village, with the expense to be recovered
as provided for in this chapter.
F.
Fines; penalties. Any person who shall fail to comply with a written
order of the Code Enforcement Official or any other duly designated
individual under this chapter within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor,
plumber or construction superintendent or their agents or any other
person taking part or assisting in the construction or use of any
building who shall violate any of the applicable provisions of this
chapter or any lawful order, notice, directive, permit or certificate
of the Code Enforcement Official or any other duly designated individual
under this chapter made thereunder or any person who shall violate
any provision of this chapter, the Uniform Code or any rules or regulations
adopted pursuant to this chapter or who shall violate or fail to comply
with any order made thereunder or who shall build in violation of
any detailed statement of specifications or plans submitted and approved
thereunder or any certificate or permit issued thereunder, or who
shall refuse to allow a required inspection, or fail to comply with
the requirements of the Uniform Code, in addition to other penalties
provided for in this chapter shall be guilty of an offense punishable
in the following manner:
(1)
A fine of not more than $1,000 per day or by imprisonment for not
more than one year, or both.
(2)
If the violation requires the abatement or maintenance be performed
by the Village or by its designee, or agent, including a private contractor
lawfully engaged and authorized by the Village, such expense shall
be assessed against the record owner of the property. The expense
so assessed shall constitute a lien in charge on real property on
which it is levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner as other Village charges.
(3)
The imposition of such penalties shall not be held to prohibit the
enforced removal of prohibited conditions by any appropriate remedy,
including immediate application for an injunction.
G.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or penalty 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
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, or in any other section of this chapter, or in any
other applicable law. In particular, but not by way of limitation,
each remedy and penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the penalties specified
in Subdivision 2 of § 382 of the Executive Law, and 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 penalty specified in Subdivision 2 of § 382 of the
Executive Law.
