This article provides for the administration and enforcement
of this chapter and the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in the Town of Rhinebeck. 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 chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
this article.
Unless otherwise expressly stated, the following terms shall have the meaning herein indicated. Article
XIII also contains definitions of terms used in this article.
BUILDING
Any building, structure, or portion thereof used for residential
business or manufacturing purposes.
BUILDING PERMIT
A permit issued pursuant to Article
X, §
125-106, 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 Article
X, §
125-114, 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 Rhinebeck.
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 and ZEO 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. Investigation and report. When the ZEO and/or Code Enforcement Officer,
in his/her own opinion, or upon receipt of information that a building:
(1) is or may become dangerous or unsafe to the general public; (2)
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; (3) is or may become a place of rodent
infestation; (4) presents any other danger to the health, safety,
morals and general welfare of the public; or (5) 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 of Rhinebeck his/her findings and recommendations in regard
to its repair or demolition and removal.
B. Town Board. 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/or 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.
C. 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;
(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.
D. 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 Town Receiver
of Taxes or 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 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 Dutchess.
E. Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with the 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
G hereof, any contract for demolition and removal of a building in excess of $10,000 shall be awarded through competitive bidding.
F. 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.
G. Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to 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
F hereof.
The Code Enforcement Officer and ZEO 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 law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. All such complaints
shall be submitted to the ZEO or Code Enforcement Officer in writing.
The process for responding to a complaint shall include such of the
following steps as the 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 Article
X, §
125-119, Enforcement; penalties for offenses, of this chapter.
C. If appropriate, issuing a stop-work order and/or compliance 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, certificate of use, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer and ZEO described
in or contemplated by this chapter.
The Town Board of this Town may, by resolution, authorize the
Town Supervisor 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.
The Code Enforcement Officer or the Zoning Enforcement Officer may, in his/her discretion, employ the services of the Town Engineer, Consulting Engineer, Surveyor, the Town Attorney or other professional consultant to assist the officer in the performance of his/her duties pursuant to this article. In that event, the property owner or permit holder shall be responsible for complying with the provision of Article
XIV of this chapter relating to the reimbursement to the Town for professional services and the establishment of an escrow account.