This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Town. this chapter 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 chapter, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building, structure or portion thereof intended for residential,
business, industrial or other purposes.
BUILDING PERMIT
A permit issued pursuant to §
92-4 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.
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 §
92-10 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
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.
TOWN
The Town of Nichols.
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 Nichols. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secure 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
chapter to provide for the safety, health, protection and general
welfare of persons and property in the Town by requiring that such
unsafe buildings be repaired or demolished and removed.
B. Investigation and report. When the Code Enforcement Officer, in his/her
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, he or she shall cause or make an inspection thereof and report
in writing to the Town Board of the Town his/her findings and recommendations
in regard to its repair or demolition and removal.
C. Town Board order. 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
30 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 upon written application to the Town Board;
(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;
and
(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
legal expenses.
E. Service of notice.
(1) The
notice shall be served:
(a) 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 Tax Collector
or of the County Clerk; or, if no such person can reasonably be found,
by mailing such owner, by registered mail, a copy of such notice directed
to his/her last known address as shown by the above records; and
(b) 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
(c) By
securely affixing a copy of such notice upon the unsafe building.
(2) A copy
of the notice served as provided herein shall be filed in the office
of the County Clerk of the County of Tioga.
F. 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 emergency as provided in Subsection
H hereof, any contract for demolition and removal of a building shall be awarded in accordance with the requirements for competitive bidding.
G. 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,
and all reasonable and necessary legal expenses incidental thereto,
shall, at the option of the Town Board, either:
(1) 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 the levy and collection of a special ad valorem levy;
or
(2) Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b.
H. 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 and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Subsection
G hereof.
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,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform 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 §
92-15, 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, 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 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.