[HISTORY: Adopted by the Board of Trustees of the Village
of Nissequogue 3-20-2007 by L.L. No. 3-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 51,
Building Construction and Fire Prevention, adopted 3-20-1964, as amended.
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 Village. 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 of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 51-4 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.
A certificate issued pursuant to § 51-7C of this chapter.
The Code Enforcement Officer appointed pursuant to § 51-3B of this chapter.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 51-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 51-3D of this chapter.
A permit issued pursuant to § 51-10 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.
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 51-6 of this chapter.
A certificate issued pursuant to § 51-7E of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Nissequogue.
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 Energy Code and this chapter. The Code Enforcement
Officer shall also be known as the Building Inspector and the Office
of Code Enforcement shall also be known as the Building Department
for purposes of the Village Code. 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 chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this chapter;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Village Board
of Trustees. 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 Village
Board of Trustees 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 chapter.
D.
One or more inspectors may be appointed by the Village Board of Trustees
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 chapter. 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 Board of Trustees of the Village.
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 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. 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)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
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
(8)
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 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 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,
the Energy Code, and all applicable local laws, ordinances or regulations.
The application shall include or be accompanied by, at least, 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)
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 (including proposed driveway layout and drainage
improvements);
(d)
Substantiate that the proposed work will comply with the Uniform
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.
Amendments to applications for building permits. Amendments, if any,
to the application or to the plans and specifications accompanying
the same shall be filed with the office of the Code Enforcement Officer,
together with a fee as established by resolution of the Board of Trustees
and approval received from the Code Enforcement Officer prior to the
commencement of such change of work.
F.
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.
G.
Issuance of building permits and review and approval by engineer.
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, Energy Code, and local laws, ordinances, and
regulations. The Code Enforcement Officer shall refer said applications
to such other Village authorities as may be required hereby and by
any local law, ordinance or regulation.
(1)
The Code Enforcement Officer shall submit to the Village Engineer
for approval the plans and specifications of any proposed driveway
layout, the grade, shape or design of which, in his judgment, will
produce damaging storm or other runoff of water, soil, debris or matter
of any kind onto adjoining Village streets, private roads or adjacent
lands owned by others or create on-site erosion. In approving any
such proposed driveway, the Village Engineer may require the installation
of such additional drainage improvements as, in his opinion, are proper
and necessary in keeping with sound engineering principles to prevent
any such damaging runoffs. Such engineering principles shall include
but not be limited to those set forth by the Village Engineer under
the date of March 23, 1973, entitled "Private Lot Stormwater Runoff,
Design Considerations and Parameter," as the same may be amended or
supplemented from time to time by said Village Engineer.
(2)
A reasonable inspection fee, based on prevailing professional rates
and the time expended by the Village Engineer, shall be borne by the
applicant and promptly paid.
(3)
Upon approval of the application by all the appropriate Village authorities
and upon receipt of the requisite fees therefor, the Code Enforcement
Officer shall issue a building permit to the applicant upon the prescribed
form and shall affix his signature or cause his signature to be affixed
thereto.
(4)
Driveway location and drainage plan (including any erosion mitigation
devices when such are required by the Village Engineer), as finally
approved by the Village Engineer, shall be made a condition of any
building permit issued to the applicant.
H.
Distribution of sets of approved plans.
(1)
Upon approval of the application, two sets of plans and specifications
shall be endorsed by the Code Enforcement Officer with the word "approved"
and his signature affixed. These two sets shall be returned to the
applicant, together with the building permit, and one set of the two
so returned to the applicant shall be kept at the building site open
to inspection by a Code Enforcement Officer or an inspector designated
by the Code Enforcement Officer at all reasonable times.
(2)
One set of approved plans and specifications shall be retained in
the files of the office of the Code Enforcement Officer, one set shall
be retained in the files of the Architectural Review Board, and the
fifth set shall be forwarded to the office of the Assessor. At the
applicant's written request, the fifth set will not be forwarded to
the Assessor but shall be returned to the applicant. The Code Enforcement
Officer will forward a copy of every building permit and certificate
of occupancy to the office of the Assessor.
I.
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.
J.
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.
K.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
If a structure is not complete within 12 months after the date of
issuance of a building permit, the permit may be renewed for a maximum
of six months upon application by the permit holder, payment of a
fee equal to the original building permit fee, and application to
the Code Enforcement Officer. Any further renewals shall be by application
to the Board of Trustees which, upon reasonable cause being shown,
may extend said permit for a finite period at a fee equal to the original
building permit fee.
L.
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 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 all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform 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 or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform 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 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; or
(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 be in writing,
be dated and signed by the Code Enforcement Officer, state the reason
or reasons for issuance, and, 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 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
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 § 51-15, Enforcement; penalties for offenses, of this chapter 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.
Applications for certificates of occupancy/certificates of compliance.
(1)
Applications for a certificate of occupancy/certificate of compliance
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 an
authorized agent of the owner.
(2)
Before the issuance of a certificate of occupancy/certificate of
compliance and whenever there are reasonable grounds to believe that
any material, construction, equipment or assembly does not conform
to the requirements of the applicable local laws, ordinances or regulations,
the Code Enforcement Officer or an inspector designated by the Code
Enforcement Officer may require the same to be subjected to tests
in order to furnish proof of such compliance. The expense in connection
therewith shall be borne by the applicant.
(3)
An application for a certificate of occupancy/certificate of compliance
shall be accompanied by an affidavit of the registered architect or
the licensed professional engineer who filed the original plans or
of the registered architect or the licensed professional engineer
who supervised the construction of the work or of the superintendent
of construction who supervised the work and who, by reason of his
experience, is qualified to superintend the work for which the certificate
of occupancy/certificate of compliance is sought. The affidavit shall
state that the deponent has examined the approved plans of the structure
for which a certificate of occupancy/certificate of compliance is
sought, that the structure has been erected in accordance with the
approved plan and as erected complies with the law governing building
construction, except insofar as variations therefrom have been legally
authorized. Such variations shall be specified in the affidavit.
(4)
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.
Issuance of certificates of occupancy/certificates of compliance.
(1)
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.
(2)
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 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 and Energy Code.
D.
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 system 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.
E.
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 that the building or
structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, and
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 and the Energy Code.
F.
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 Village shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
A.
Unsafe buildings illegal. All buildings or structures which are structurally
unsafe, unsanitary or not provided with adequate egress or which constitute
a fire hazard, or are otherwise dangerous to human life or which in
relation to existing use constitute a hazard to safety or health by
reason of inadequate maintenance, dilapidation, obsolescence or abandonment,
are severally, for the purpose of this section, unsafe buildings.
All such unsafe buildings are hereby declared to be illegal and shall
be abated by repair and rehabilitation or by demolition in accordance
with the procedure of this section.
B.
Examination of buildings reportedly unsafe. The Code Enforcement
Officer shall examine or cause to be examined every building reported
as unsafe or damaged and shall make a written record of such examination.
C.
Notice of defects. Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building as defined in this section, he shall, in the same manner as provided for the service of stop-work orders in § 51-6 of this chapter, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
D.
Notice to require vacation of life-endangering buildings. If the
Code Enforcement Officer finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the specified repairs and
improvements are completed, inspected and approved by the Code Enforcement
Officer. Such Code Enforcement Officer shall cause to be posted at
each entrance to such building a notice: "This building is unsafe,
and its use or occupancy has been prohibited by the Building Department."
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any person, firm
or corporation, or their agents or other persons, to remove such notice
without written permission of the Code Enforcement Officer or for
any person to enter the building except for the purpose of making
the required repairs or of demolishing the same.
E.
Failure to comply. In case the owner, agent or person in control
cannot be found within the stated time limit or if such owner, agent
or person in control fails, neglects or refuses to comply with notice
to repair, rehabilitate or to demolish and remove said building or
structure or portion thereof, the attorney for the Village shall be
advised of all the facts in the case and shall cause to be instituted
an appropriate action in the courts to compel compliance.
F.
Action by Code Enforcement Officer in cases of emergency. In cases
of emergency which, in the opinion of the Code Enforcement Officer,
involve imminent danger to human life or health, he shall, upon approval
by the Board of Trustees, promptly cause such building, structure
or portion thereof to be made safe or to be removed. For this purpose,
he may at once enter such structure or land on which it stands, or
abutting land or structure, with such assistance and at such cost
as may be necessary. He may vacate adjacent structures and protect
the public by appropriate barricades or such other means as may be
necessary and, for this purpose, may close a public or private way.
H.
Trustees' procedure to act on hazardous buildings. The Village Board
of Trustees may, upon resolution, in order to ensure the health, welfare
and safety of the residents of the Village of Nissequogue, order work
to be performed, including but not limited to the demolition of any
structure deemed to be a health or safety hazard. The Board shall
take this action only after it has completed the following requirements:
(1)
A report from the Code Enforcement Officer and/or the Village Engineer,
in writing, to the Board of Trustees, which report concludes that
the structure is a danger to the health, welfare and safety of the
Village residents and outlines the work to be performed.
(2)
Service of a copy of said report upon the owner of the structure.
For purposes of this provision, a letter sent by certified mail to
the last known address of the person shown as the landowner on the
Village assessment rolls shall be considered sufficient notice, together
with posting a copy of said notice on said structure. The notice so
served shall give the landowner 30 days from the date of mailing and
posting within which to substantially commence correction of any defect
and 90 days from the date of mailing and posting to complete the work
ordered to be performed under said notice. The notice shall also inform
the owner of the structure that failure to perform the work required
may result in the Village performing said work and demanding from
the owner of said property the cost therefor. The notice shall further
inform the owner of the structure that should said cost not be paid,
it shall be added to the real property tax roll for the next fiscal
year.
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 Table 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 Board of Trustees of the Village.
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.
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 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 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 and that no inspection or investigation of any private residence shall occur if the occupant thereof denies entry thereto, unless reasonable evidence exists of possible hazardous conditions therein, and then only if approved by the Board of Trustees and he or she is accompanied by a police officer of the Village.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter 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.
D.
Emergency abatement. In addition to the remedies set forth in § 51-15 herein, the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer, upon finding fire hazards in or upon any premises, if he or she deems time to be of the essence, may order immediate abatement or corrections necessary to eliminate such hazards.
E.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 51-16, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC. The Village shall have a right to charge for all services related to fire inspections.
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 § 51-15, 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.
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 Village Board of Trustees 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 § 51-13, Recordkeeping, of this chapter 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 the Village, on a form prescribed by the Secretary
of State, a report of the activities of the Village 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 the Village is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Village 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 Energy Code, or this chapter. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order. The compliance order shall be in writing;
be dated and signed by the Code Enforcement Officer; specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
chapter; specify the provision or provisions of the Uniform Code,
the Energy Code, or this chapter which is/are violated by the specified
condition or activity; specify the period of time which the Code Enforcement
Officer deems to be reasonably necessary for achieving compliance;
direct that compliance be achieved within the specified period of
time; and 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 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 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
Energy Code or this chapter, 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 chapter, 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 Village.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the 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, the Energy Code, this chapter,
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 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,
the Energy Code, this chapter, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy 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
Village Board of Trustees.
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 § 51-6, Stop-work orders, of this chapter, in any other section of 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, in § 51-6, Stop-work orders, of this chapter, 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.
A fee schedule shall be established by resolution of the Board
of Trustees. 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 current schedule of such fees shall
be maintained by the Village Clerk.
The Village Board of Trustees may, by resolution, authorize
the Mayor of the Village to enter into an agreement, in the name of
the Village, 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.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State.
