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 of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
101-4 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 §
101-10 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
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 Richmond.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
UNSAFE BUILDING OR STRUCTURE
Any building or structure or portion thereof which, because
of its structural condition, is or may become dangerous or unsafe
to the public, or is open at the doorways or walls, making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to vagrants and other trespassers, or is or may become a place
of rodent infestation, or consists of debris, rubble or parts of buildings
left on the ground after demolition, reconstruction, fire or other
casualty, or presents any other danger to the health, safety, morals
and general welfare of the public.
[Amended 8-11-2015 by L.L. No. 13-2015]
The chief of any fire department providing firefighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or flaring or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent, as well as discharge
of or shutting down of any fire-protection devices.
Unsafe buildings and structures in this Town shall be identified
and addressed in accordance with the following procedures:
A. Inspection;
report. When, in the opinion of the Code Enforcement Officer, any
building or structure located in the Town of Richmond shall be deemed
to be dangerous or unsafe to the public as defined in this chapter,
the Code Enforcement Officer shall make a formal inspection thereof
and report, in writing, to the Town Board his or her findings and
recommendations in regard to the building's or structure's removal
or repair.
B. Order to
repair; hearing. The Town Board shall thereupon consider the report,
and, if it finds that such building or structure is dangerous and
unsafe to the public, it shall, by resolution, order its repair if
the same can be safely repaired and, if not, its removal and demolition
and shall further order that a hearing be held before the Town Board,
at a time and place therein specified and on at least five days' notice
to the owner of the building or structure or persons having an interest
therein, to determine whether said order to repair or remove shall
be affirmed or modified or vacated and, in the event of modification
or affirmance, to assess all costs and expenses incurred by the Town
in the repair or removal of such building or structure against the
land on which said building or structure is located. Said order shall
also provide that the securing or removal of said building or structure
shall commence within 30 days after service of notice and shall be
completed within 60 days thereafter.
C. Contents
of notice. The notice shall contain the following statements:
(1) The
name of the owner or person in possession as appears from the tax
and deed records.
(2) A brief
description of the premises and its location.
(3) A description
of the building or structure which is unsafe or dangerous and a statement
of the particulars in which it is unsafe or dangerous.
(4) An
order requiring the same to be made safe and secure or to be removed.
(5) That
the securing or removal of said building or structure shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter.
(6) The
time and place of the hearing to be held before the Town Board, at
which hearing the owner or occupant shall have the right to contest
the order and findings of the Town Board.
(7) That,
in the event that such owner, occupant or other person having an interest
in said premises shall fail to contest such order and fail to comply
with the same, that Town Board will order the repair or removal of
such building or structure by the Town and that the Town will assess
all costs and expenses incurred in such removal against the land on
which such building or structure is located.
D. Inspections permitted. In addition to the inspections required by §
101-11A of this chapter, 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 or Energy Code exist. Should entrance to make an inspection be refused or permission to enter be unable to be obtained after the Code Enforcement Officer has requested entry and provided identification, an application may be made for a warrant to make such inspection to any court of competent jurisdiction. 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.
[Added 12-13-2016 by L.L.
No. 4-2017]
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 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 §
101-15, 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.
E. Inspections permitted. In addition to the inspections required by §
101-11A 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 or Energy Code exist. Should entrance to make an inspection be refused or permission to enter be unable to be obtained after the Code Enforcement Officer has requested entry and provided identification, an application may be made for a warrant to make such inspection to any court of competent jurisdiction. 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.
[Amended 12-13-2016 by L.L. No. 4-2017]
A fee schedule shall be established by resolution of the Town
Board of this Town. 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 or certificates of compliance, 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 the
Town Supervisor of 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.