[Adopted 9-1-2009 by L.L. No. 9-2009]
[Amended 10-20-2009 by L.L. No. 10-2009]
For the purposes of this article, the following terms shall
have the meanings indicated.
The owner's compliance with this article shall include,
but not be limited to, giving the notice required by this article
in the event that the owner learns of an unsafe condition; assuring
that the owner's licensed professional timely and properly meets
the inspection, notification, and reporting requirements set forth
in this article; and assuring that the repairs to such buildings as
required by this article are immediately commenced, diligently pursued,
and properly completed within the time provisions set forth in this
article.
All residential buildings and all nonresidential buildings.
[Added 10-20-2009 by L.L. No. 10-2009]
A building's roofs and supports; exterior walls; exterior
protrusions; visible load-bearing members; foundations; elevators;
building systems; utility supply pipes, wires, and lines within the
building; and awnings, signs and other affixations to the outer walls
of the building.
A professional engineer or an architect, licensed to practice
as such in the State of New York, with professional liability insurance
of not less than such amount as shall be determined from time to time
by resolution of the Board of Trustees. Such insurance shall be issued
by an insurance company licensed in the State of New York to issue
such insurance, and proof of such insurance, then in effect, satisfactory
to the Building Inspector, shall be furnished to the Building Inspector
with such professional's periodic inspection report.
All buildings being used for nonresidential purposes within
the Village, including such buildings that may have a combination
of nonresidential and residential use, which have a roof height of
12 feet or more above the lowest elevation of any portion of any exterior
grade within two feet of the exterior walls of the building. "Roof
height" as used herein shall mean the lowest point of the roof.
[Added 10-20-2009 by L.L. No. 10-2009]
Such repair, replacement, reconstruction, reinforcement,
rebuilding, and/or such other action or work required to make the
inspection element and any other notified or reported unsafe condition
safe, as certified by the licensed professional and, if a permit is
required, approved by the Building Inspector.
All buildings of two or more stories containing three or
more residential dwellings within the Village, including such buildings
that may have a combination of residential and nonresidential use.
[Amended 10-20-2009 by L.L. No. 10-2009]
All covered buildings shall be inspected in accordance with
the following:
A.
For covered
buildings that were built prior to January 1, 2000, the first inspection
shall be made within three months after the adoption of this article.
B.
For all
other covered buildings, the first inspection shall be made within
three months after the 10th anniversary of the issuance of the first
certificate of occupancy issued for such building.
C.
After
the first inspection, inspections shall be made periodically within
three months after the fifth anniversary of the immediately preceding
inspection.
D.
If a building
that is in existence as of the effective date of this article is not
a covered building but thereafter becomes a covered building, the
first inspection shall be made the later of the following:
E.
If a building
that is not in existence as of the effective date of this article
is first used as a not-covered building and thereafter becomes a covered
building, the first inspection shall be made the later of the following:
F.
If a building
that was a covered building subsequently becomes a not-covered building
and then, again, becomes a covered building, the inspection schedule
set forth above shall again become effective as if it had always been
a covered building, without any tolling of the first inspection period
or of any subsequent five-year inspection period for the time when
the building was not a covered building.
A.
The periodic inspections required by this article shall include a
critical examination of all inspection elements.
B.
Such examinations shall be conducted by a licensed professional on
behalf of the owner of the building.
C.
Such examinations shall include, in addition to an inspection, a
complete review of the most recent previously prepared report.
D.
Such examinations shall also be conducted in accordance with applicable
rules, if any, promulgated from time to time by the Building Inspector.
A.
Responsibility of owner.
(1)
Whenever an owner learns of an unsafe condition, whether through
a periodic inspection or otherwise, even if such unsafe condition
is unrelated wholly or in part to inspection elements:
B.
Responsibility of licensed professional.
(1)
Whenever a licensed professional learns, through a periodic examination
of a building's inspection elements, or otherwise, of an unsafe
condition, even if such unsafe condition is unrelated wholly or in
part to inspection elements, he or she shall immediately notify the
owner and the Building Inspector, in writing, of such condition.
(2)
If such unsafe condition was not learned through a periodic examination,
the licensed professional shall file a report with the Building Inspector,
in the same manner, format, and time frame as if such learning was
the result of a periodic examination, except that the report shall
be limited to the unsafe condition.
A.
The licensed professional shall submit a written report certifying
the results of such examination to the Building Inspector, clearly
documenting the condition of the inspection elements and certifying
the inspection elements as safe, unsafe, or safe with a repair and
maintenance program and including within said report any other unsafe
conditions learned by the licensed professional, even if such unsafe
conditions are unrelated wholly or in part to inspection elements,
and the appropriate repairs that should be made with regard to such
other unsafe conditions.
B.
If the immediate preceding inspection report required a maintenance
program, the licensed professional shall attest to the correction
of the conditions identified in that maintenance program.
C.
The report shall include a record of all significant deterioration,
unsafe conditions, and movement observed, as well as a statement concerning
the watertightness of the exterior surfaces.
D.
Such report must be signed by and bear the professional seal of such
licensed professional.
E.
Such reports shall be filed as expeditiously as practicable, but,
in any event, not more than 14 days after the examination. In the
event that, because of required additional information to complete
the report, additional time is needed for a complete report, an initial
report shall be filed within said 14 days, with a request for an extension
of time to file one or more supplemental reports, which shall include
the identification of the additional information that is required
and date or dates by which the licensed professional expects to file
one or more supplemental reports with regard to any open items. The
granting of any such extension shall be subject to the discretion
of the Building Inspector.
A.
If an unsafe condition is found as part of a periodic inspection:
(1)
Upon the filing of the licensed professional's notification
or report of an unsafe condition with the Building Inspector, or earlier
knowledge by the owner, the owner shall immediately commence and diligently
pursue the completion of all such repairs and shall undertake all
such other measures as may be required to secure the safety of the
public and of the occupants of the building and to make the building
safe and in conformity with the applicable provisions of this chapter.
(2)
All unsafe conditions shall be corrected as expeditiously as practicable
but, in any event, not more than 14 days after the filing of the critical
examination report with the Building Inspector, or earlier knowledge
by the owner.
(3)
The licensed professional shall inspect the premises and file a supplemental
report setting forth the condition of the building within two weeks
after repairs to correct the unsafe conditions have been completed.
(4)
Upon good cause, the Building Inspector may grant an extension of
time of up to 90 days to complete the repairs required to correct
an unsafe condition upon receipt and review of an initial extension
application submitted by the licensed professional, together with
such additional documentation as may be required in the discretion
of the Building Inspector. Such application shall include a certification
by such licensed professional that such extension will not unreasonably
imperil the safety of the public and/or the occupants of the building.
(5)
Upon good cause and a showing of due diligence, the Building Inspector
may grant further extensions of time, beyond said 90 days, to complete
the repairs required to remove an unsafe condition upon receipt and
review of an application for a further extension submitted by the
licensed professional, together with such further documentation as
may be required in the discretion of the Building Inspector. Such
application shall include a certification by such licensed professional
that such extension will not unreasonably imperil the safety of the
public and/or the occupants of the building and may, in the discretion
of the Building Inspector, require the filing with the Village of
appropriate financial security to secure the timely completion of
the work, with a provision for liquidated damages upon a failure of
such timely completion.
(6)
No extension of time granted pursuant to this section shall extend
the obligations of the owner to immediately commence and diligently
pursue the completion of all such repairs and undertake all such other
measures as may be required to secure the safety of the public and
of the occupants of the building and to make the building safe and
in conformity with the applicable provisions of this chapter.
B.
If an unsafe condition is found other than as part of a periodic
inspection:
(1)
Upon the filing of the owner's notification of an unsafe condition
with the Building Inspector, the owner shall immediately commence
and diligently pursue the completion of all such repairs and shall
undertake all such other measures as may be required to secure the
safety of the public and of the occupants of the building and to make
the building safe and in conformity with the applicable provisions
of this chapter.
(2)
All unsafe conditions shall be corrected within 30 days of the filing
of the owner's notification with the Building Inspector.
(3)
The owner or, at the discretion and direction of the Building Inspector,
a licensed professional shall inspect the premises and file a report
setting forth the condition of the building within two weeks after
repairs to correct the unsafe conditions have been completed.
(4)
Upon good cause, the Building Inspector may grant an extension of
time of up to 90 days to complete the repairs required to correct
an unsafe condition upon receipt and review of an initial extension
application submitted by the owner or licensed professional, together
with such additional documentation as may be required in the discretion
of the Building Inspector. Such application shall include a certification
by a licensed professional that such extension will not unreasonably
imperil the safety of the public and/or the occupants of the building.
(5)
Upon good cause and a showing of due diligence, the Building Inspector
may grant further extensions of time, beyond said 90 days, to complete
the repairs required to remove an unsafe condition upon receipt and
review of an application for a further extension submitted by the
owner or licensed professional, together with such further documentation
as may be required in the discretion of the Building Inspector. Such
application shall include a certification by a licensed professional
that such extension will not unreasonably imperil the safety of the
public and/or the occupants of the building and may, in the discretion
of the Building Inspector, require the filing with the Village of
appropriate financial security to secure the timely completion of
the work, with a provision for liquidated damages upon a failure of
such timely completion.
(6)
No extension of time granted pursuant to this section shall extend
the obligations of the owner to immediately commence and diligently
pursue the completion of all such repairs and undertake all such other
measures as may be required to secure the safety of the public and
of the occupants of the building and to make the building safe and
in conformity with the applicable provisions of this chapter.
The requirements imposed by this article may be waived or modified
by the Building Inspector, with or without reasonable conditions,
upon application of an owner, based upon a showing of the physical
and/or financial impracticability of the requirements as to the particular
building if, in the opinion of the Building Inspector, such waiver
will not unreasonably imperil the safety of the public and/or the
occupants of the building. The Building Inspector may request and
rely upon a certification by the owner's licensed professional
that such waiver will not unreasonably imperil the safety of the public
and/or the occupants of the building.
Any person who fails to comply with the provisions of this article shall be subject to the penalty provisions set forth in Article II of Chapter 1 of this Code, including, for clarity, but not for limitation, the provisions of § 1-15B, which provide, in substance, that each day that such noncompliance shall continue shall be deemed a separate and distinct offense.
