[HISTORY: Adopted by the Town Board of the Town of Saugerties
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-2006 by L.L. No. 1-2006]
This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code), the Property Maintenance Code (the Property Code),
and the State Energy Conservation Construction Code (the Energy Code)
in the Town of Saugerties. This article 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 article, all
buildings, structures and premises, regardless of use or occupancy,
are subject to the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 96-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
A certificate issued pursuant to § 96-7B of this article.
The Code Enforcement Officer appointed pursuant to § 96-3B of this article.
Includes the Code Enforcement Officer and all Inspectors.
An order issued by the Code Enforcement Officer pursuant to § 96-15A of this article.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 96-3D of this article.
A permit issued pursuant to § 96-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
The person to whom a building permit has been issued.
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.
The New York State Property Maintenance Code, as currently
in effect and as amended from time to time.
An order issued pursuant to § 96-6 of this article.
A certificate issued pursuant to § 96-7D of this article.
The Town of Saugerties.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Property Code, the Energy Code and this article.
The Code Enforcement Officer shall have the following powers and duties:
(1)
To receive, review and approve or disapprove applications for building
permits, certificates of occupancy/certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy/certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy/certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, firesafety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town of Saugerties;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Property Code, the Energy Code and this article, or to abate or correct
conditions not in compliance with the Uniform Code, the Property Code,
the Energy Code or this article; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B.
The Code Enforcement Officer shall be appointed by the Town Board.
The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Town
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this article.
D.
One or more Inspectors may be appointed by the Town Board to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this article. Each Inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall
require for code enforcement personnel, and each Inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and Inspectors
shall be fixed from time to time by the Town Board of the Town of
Saugerties.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code, Property Code, and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit or in, on, upon or about any premises. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.38 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses), where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(4)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(11)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(12)
Repairs, provided that such repairs do not involve: a) the removal
or cutting away of a load-bearing wall, partition, or portion thereof,
or of any structural beam or load-bearing component; b) the removal
or change of any required means of egress, or the rearrangement of
parts of a structure in a manner which affects egress; c) the enlargement,
alteration, replacement or relocation of any building system; or d)
the removal from service of all or part of a fire protection system
for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, Property Code, or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or by
an authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code,
Property Code, and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The tax map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which: a) define the scope of the proposed work; b) are prepared by
a New York State registered architect or licensed professional engineer
where so required by the Education Law; c) indicate with sufficient
clarity and detail the nature and extent of the work proposed; d)
substantiate that the proposed work will comply with the Uniform Code,
Property Code, and the Energy Code; and e) where applicable, include
a site plan that shows any existing and proposed buildings and structures
on the site, the location of any existing or proposed well or septic
system, the location of the intended work, and the distances between
the buildings and structures and the lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code, Property Code,
and Energy Code. The Code Enforcement Officer shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code, Property Code, and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced with six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code,
Property Code, or the Energy Code, the Code Enforcement Officer shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that: (1) all work then completed
is in compliance with all applicable provisions of the Uniform Code,
Property Code, and the Energy Code; and (2) all work then proposed
to be performed shall be in compliance with all applicable provisions
of the Uniform Code, Property Code, and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building permit
has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed or the permit holder shall
be notified as to where the work fails to comply with the Uniform
Code, Property Code, or Energy Code. Work not in compliance with any
applicable provision of the Uniform Code, Property Code or Energy
Code shall remain exposed until such work shall have been brought
into compliance with all applicable provisions of the Uniform Code,
the Property Code and the Energy Code, reinspected, and found satisfactory
as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code, Property
Code or Energy 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;
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, 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.
B.
Content of stop-work orders. Stop-work orders shall: (1) be in writing;
(2) be dated and signed by the Code Enforcement Officer; (3) state
the reason or reasons for issuance; and (4) if applicable, state the
conditions which must be satisfied before work will be permitted to
resume.
C.
Service of stop-work orders. The Code Enforcement Officer 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 registered mail/certified mail.
The Code Enforcement Officer 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 the agents of any other person taking part or assisting
in work affected by the stop-work order, personally or by registered
mail/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 § 96-15 (Enforcement; penalties for offenses) of this article or under any other applicable local law 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.
A.
Certificates of occupancy/certificates of compliance required. A
certificate of occupancy/certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings or portions thereof which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure or portion thereof,
for which a building permit was previously issued, shall be granted
only by issuance of a certificate of occupancy/certificate of compliance.
B.
Issuance of certificates of occupancy/certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy/certificate
of compliance if the work which was the subject of the building permit
was completed in accordance with all applicable provisions of the
Uniform Code, the Property Code and Energy Code and, if applicable,
the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code, the Property
Code and Energy Code. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the building,
structure or work prior to the issuance of a certificate of occupancy/certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy/certificate of compliance, shall be provided
to the Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates of compliance.
A certificate of occupancy/certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and tax map number of the property;
(4)
If the certificate of occupancy/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler systems is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure or a portion thereof prior to completion
of the work which is the subject of a building permit. However, in
no event shall the Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines: (1) that the building
or structure or the portion thereof covered by the temporary certificate
may be occupied safely; (2) that any fire- and smoke-detecting or
fire protection equipment which has been installed is operational;
and (3) that all required means of egress from the building or structure
have been provided. The Code Enforcement Officer may include in a
temporary certificate such terms and conditions as he or she deems
necessary or appropriate to ensure safety or to further the purposes
and intent of the Uniform Code. A temporary certificate shall be effective
for a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code, Property Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy/certificate of
compliance 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
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
The chief of any fire department providing fire-fighting services
for a property within the Town of Saugerties 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 the Town of Saugerties shall be identified and addressed in accordance with the procedures established by Chapter 85 of the Town of Saugerties Municipal Code, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR § 1225.1;
(b)
Hazardous processes and activities, including but not limited to,
commercial and industrial operations which produce combustible dust
as a by-product, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board of the Town of Saugerties.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed three years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. The
effective period of each operating permit shall be specified in the
operating permit. An operating permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: The request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code, Property Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other provision
of this article shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
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 Property Code, the Energy
Code, this article, or any other local law, ordinance, or regulation
adopted for administration and enforcement of the Uniform Code, the
Property 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 § 96-15 (Enforcement; penalties for offenses) of this article;
C.
If appropriate, issuing a stop-work order; and
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.
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 Town Board of the Town of Saugerties 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 § 96-13 (Recordkeeping) of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town 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 Town is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Town 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 Property Code, the Energy Code, or this article.
Upon finding that any such condition or activity exists, the Code
Enforcement Officer 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, the Property Code, the Energy Code, or this article;
(4) specify the provision or provisions of the Uniform Code, the Property
Code, the Energy Code, or this article 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 registered
mail/certified 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 registered mail/certified 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 to issue appearance tickets for any violation of the
Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Property Code, the Energy Code or this article, 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 article shall be liable to a civil penalty of
not more than $200 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 this Town.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Town 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 Property Code, the Energy Code,
this article, 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 article. 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 Property Code, the Energy Code,
this article, or any stop-work order, compliance order or other order
obtained under the Uniform Code, the Property Code, the Energy Code
or this article, an action or proceeding may be commenced in the name
of this Town 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.
E.
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 section, in § 96-6 (Stop-work orders) of this article, in any other section of this article, 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 § 96-6 (Stop-work orders) of this article, in any other section of this article, 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 § 381 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 § 381 of the Executive Law.
A fee schedule shall be established by resolution of the Town
Board of the Town of Saugerties. 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 article.
The Town Board of the Town of Saugerties may enter into an agreement
in the name of this Town with other governments to carry out the terms
of this article, provided that such agreement does not violate any
provision of the Uniform Code, the Property Code, the Energy Code,
Part 1203 of Title 19 of the NYCRR, or any other applicable law.
[Adopted 1-18-2017 by L.L. No. 1-2017; amended in its entirety 6-17-2020 by L.L. No. 2-2020]
A certain document which is on file in the office of the Town
Clerk of the Town of Saugerties, being marked and designated as the
"Building Code of New York State, 2020 Edition," be and is hereby
adopted as the Building Code of the Town of Saugerties in the State
of New York for regulating and governing the conditions and maintenance
of all property, buildings and structures by providing the standards
for supplied utilities and facilities and other physical things and
conditions essential to ensure that structures are safe, sanitary
and fit for occupation and use and the condemnation of buildings and
structures unfit for human occupancy and use and the demolition of
such structures as herein provided; providing for the issuance of
permits and collection of fees therefor; and each and all of the regulations,
provisions, penalties, conditions and terms of said Building Code
of New York State on file in the office of the Town Clerk are hereby
referred to, adopted and made a part hereof as if fully set out in
this article.
A.
A certain document, which is on file in the office of the Town Clerk
of the Town of Saugerties, being marked and designated as the "Existing
Building Code of New York State, 2020 Edition," be and is hereby adopted
as the Existing Building Code of the Town of Saugerties in the State
of New York for regulating and governing the repair, alteration, change
of occupancy, addition and relocation of existing buildings, including
historic buildings, as herein provided; providing for the issuance
of permits and collection of fees therefor; and each and all of the
regulations, provisions, penalties, conditions and terms of said Existing
Building Code of New York State on file in the office of the Town
Clerk are hereby referred to, adopted and made a part hereof as if
fully set out in this article.
A certain document, on file in the office of the Town Clerk
of the Town of Saugerties, being marked and designated as the "Residential
Code of New York State, 2020 Edition," be and is hereby adopted as
the Residential Code of the Town of Saugerties in the State of New
York for regulating and governing the construction, alteration, movement,
enlargement, replacement, repair, equipment, location, removal and
demolition of detached one- and two-family dwellings and multiple
single-family dwellings (townhouses) not more than three stories in
height with separate means of egress as herein provided; providing
for the issuance of permits and collection of fees therefor; and each
and all of the regulations, provisions, penalties, conditions and
terms of said Residential Code of New York State on file in the office
of the Town Clerk are hereby referred to, adopted and made a part
hereof as if fully set out in this article.
A certain document on file in the office of the Town Clerk of
the Town of Saugerties, being marked and designated as the "Property
Maintenance Code of New York State, 2020 Edition," be and is hereby
adopted as the Property Maintenance Code of the Town of Saugerties
in the State of New York for regulating and governing the conditions
and maintenance of all property, buildings and structures by providing
the standards for supplied utilities and facilities and other physical
things and conditions essential to ensure that structures are safe,
sanitary and fit for occupation and use and the condemnation of buildings
and structures unfit for human occupancy and use and the demolition
of such existing structures as herein provided; providing for the
issuance of permits and collection of fees therefor; and each and
all of the regulations, provisions, penalties, conditions and terms
of said Property Maintenance Code of New York State on file in the
office of the Town Clerk are hereby referred to, adopted and made
a part hereof as if fully set out in this article.
A certain document in the office of the Town Clerk of the Town
of Saugerties, being marked and designated as the "Fire Code of New
York State, 2020 Edition," be and is hereby adopted as the Fire Code
of the Town of Saugerties in the State of New York regulating and
governing the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances,
materials and devices, and from conditions hazardous to life or property
in the occupancy of buildings and premises as herein provided; providing
for the issuance of permits and collection of fees therefor; and each
and all of the regulations, provisions, penalties, conditions and
terms of said Fire Code of the State of New York on file in the office
of the Town Clerk are hereby referred to, adopted and made a part
hereof as if fully set out in this article.
A certain document on file in the office of the Town Clerk of
the Town of Saugerties, being marked and designated as the "Plumbing
Code of New York State, 2020 Edition," be and is hereby adopted as
the Plumbing Code of the Town of Saugerties in the State of New York
regulating and governing the design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation,
replacement, addition to, use or maintenance of plumbing systems as
herein provided; providing for the issuance of permits and collection
of fees therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said Plumbing. Code of New York
State on file in the office of the Town Clerk are hereby referred
to, adopted and made a part hereof as if fully set out in this article.
A certain document on file in the office of the Town Clerk of
the Town of Saugerties, being marked and designated as the "Mechanical
Code of New York State, 2020 Edition," be and is hereby adopted as
the Mechanical Code of the Town of Saugerties in the State of New
York regulating and governing the design, construction, quality of
materials, erection, installation, alteration, repair, location, relocation,
replacement, addition to, use or maintenance of mechanical systems
as herein provided; providing for the issuance of permits and collection
of fees therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said Mechanical Code of New York
State on file in the office of the Town Clerk are hereby referred
to, adopted and made a part hereof as if fully set out in this article.
A certain document on file in the office of the Town Clerk of
the Town of Saugerties, being marked and designated as the "Fuel Gas
Code of New York State, 2020 Edition," be and is hereby adopted as
the Fuel Gas Code of the Town of Saugerties in the State of New York
regulating and governing fuel gas systems and gas-fired appliances
as herein provided; providing for the issuance of permits and collection
of fees therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said Fuel Gas Code of New York
State on file in the office of the Town Clerk are hereby referred
to, adopted and made a part hereof as if fully set out in this article.
A certain document which is on file in the office of the Town
Clerk of the Town of Saugerties, being marked and designated as the
"Energy Conservation Construction Code of New York State, 2020 Edition,"
be and is hereby adopted as the Energy Conservation Construction Code
of the Town of Saugerties in the State of New York regulating and
governing energy-efficient building envelopes and installation of
energy-efficient mechanical, lighting and power systems as herein
provided; providing for the issuance of permits and collection of
fees therefor; and each and all of the regulations, provisions, penalties,
conditions and terms of said Energy Conservation Construction Code
of New York State on file in the office of the Town Clerk are hereby
referred to, adopted and made a part hereof as if fully set out in
this article.
If any clause, sentence, paragraph, section, article or part
of this article shall be adjudicated in any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder hereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered, and such invalidity shall not be deemed to affect the remaining
portions thereof.
The provisions of any or all of the New York State codes referred
to in this article may be amended by the State of New York from time
to time. If any or all of the referenced codes are so amended, reference
in this article to any of the codes shall be deemed to be reference
to the code as so amended.
