[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 1-23-2007 by L.L. No. 1-2007[1] (Ch. 61 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 9.
Unsafe buildings — See Ch. 109.
Fire prevention — See Ch. 144.
[1]
Editor's Note: This local law also superseded former
Ch. 61, Building Construction, adopted 3-13-1973 as Art. VII of Ch.
VII of the Walden Village Code, 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 the Village of Walden. 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:
The officer appointed pursuant to § 121-3B of this chapter to administer and enforce this Code in the Village of Walden.
A permit issued pursuant to § 121-4 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 § 121-7B of this chapter.
The Building Inspector and all other code enforcement officers.
An order issued by the Building Inspector pursuant to § 121-15A 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 § 121-3D of this chapter.
A permit issued pursuant to § 121-10 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 § 121-6 of this chapter.
A certificate issued pursuant to § 121-7D 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 Walden, Orange County, New York.
A.
The Office of Code Enforcement is hereby created. The Building Inspector
shall administer and enforce all the provisions of the Uniform Code,
the Energy Code and this chapter. The Building Inspector shall have
the following powers and duties:
(1)
To receive, review and approve or disapprove applications for building
permits, certificates of occupancy/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/compliance, temporary certificates and operating permits
and to include in building permits, certificates of occupancy/compliance,
temporary certificates and operating permits such terms and conditions
as the Building Inspector may determine to be appropriate;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy/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 the Village's Attorney, to pursue
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 Building Inspector by the chapter.
B.
The Building Inspector shall be appointed by the Village Manager
in consultation with the Board of Trustees. The Building Inspector
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 Building Inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
C.
In the event that the Building Inspector is unable to serve as such
for any reason, an individual shall be appointed by the Village Manager
to serve as Acting Building Inspector. The Acting Building Inspector
shall, during the term of his or her appointment, exercise all powers
and fulfill all duties conferred upon the Building Inspector by this
chapter.
D.
One or more inspectors may be appointed by the Village Manager in
consultation with the Board of Trustees to act under the supervision
and direction of the Building Inspector and to assist the Building
Inspector in the exercise of the powers and fulfillment of the duties
conferred upon the Building Inspector 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 of the Building Inspector 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 Building Inspector.
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)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(3)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(4)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(5)
Painting, wallpapering, tiling, carpeting or other similar finish
work; and
(6)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications.
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 Building Inspector. The application shall be signed by the
owner of the property where the work is to be performed or by an authorized
agent of the owner. The application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that the intended work complies with all
applicable requirements of the Uniform Code and the Energy Code. The
application shall include or be accompanied by 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)
At least two sets of 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;
(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. Notwithstanding the foregoing, the Building Inspector
shall have the discretion to waive the requirement for stamped plans
prepared by a licensed architect or engineer where the construction
contemplated is of a type that is minor in nature.
E.
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 Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, 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 Building Inspector. 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 commence unless and until a building permit is issued.
F.
Issuance of building permits. 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 and Energy Code.
The Building Inspector shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the Uniform
Code and the Energy Code.
G.
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.
H.
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. The permit
holder shall immediately notify the Building Inspector of any change
occurring during the course of the work. The building permit shall
contain such a directive. If the Building Inspector determines that
such change warrants a new or amended building permit, such change
shall not be made unless and until a new or amended building permit
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within three months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subdivision may be renewed upon application by the permit
holder, payment of the applicable fee and approval of the application
by the Building Inspector.
J.
Revocation or suspension of building permits. If the Building Inspector
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 Building Inspector 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 Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector 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)
Foundation drains and foundation coating;
(5)
Framing;
(6)
Building systems, including underground and rough-in;
(7)
Fire-resistant construction;
(8)
Fire-resistant penetrations;
(9)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(10)
Energy Code compliance, including insulation; and
(11)
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 Building Inspector is authorized to issue
stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector to be contrary
to any applicable provision of the Uniform Code or the 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;
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Building Inspector, 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 Building Inspector, 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 Building Inspector 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, return receipt requested.
The Building Inspector 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 person taking part or assisting in work affected
by the stop-work order, personally or by certified mail, return receipt
requested; 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 § 121-15 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.
Issuance of certificates of occupancy/certificates of compliance.
The Building Inspector 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 the Energy Code. The Building Inspector or
an inspector authorized by the Building Inspector shall inspect the
building, structure or work prior to the issuance of a certificate
of occupancy/certificate of compliance. 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 Building Inspector, at the expense
of the applicant, for the certificate of occupancy/certificate of
compliance, shall be provided to the Building Inspector prior to the
issuance of the certificate of occupancy/certificate of compliance:
C.
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 Building Inspector issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
D.
Temporary certificate. The Building Inspector shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to the completion
of the work which is the subject of a building permit. However, in
no event shall the Building Inspector issue a temporary certificate
unless the Building Inspector 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 Building Inspector 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 one three-month period, which shall be determined by
the Building Inspector 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.
E.
Revocation or suspension of certificates. If the Building Inspector
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 Building Inspector within
such period of time as shall be specified by the Building Inspector,
the Building Inspector shall revoke or suspend such certificate.
The chief of any fire department providing fire-fighting services
for a property within the Village of Walden shall promptly notify
the Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe buildings, structures and equipment in the Village of Walden shall be identified and addressed in accordance with the procedures established by Chapter 109 of the Village Code, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting 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 Building Inspector. Such application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that quantities, materials and activities
conform to the requirements of the Uniform Code. If the Building Inspector
determines that tests or reports are necessary to verify conformance,
such tests or reports shall be performed by such person or persons
as may be designated by or otherwise acceptable to the Building Inspector
at the expense of the applicant.
C.
Inspections. The Building Inspector or an inspector authorized by
the Building Inspector shall inspect the 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 Building Inspector may require a separate operating permit for each such activity or the Building Inspector 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
Building Inspector 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 Building Inspector, payment of the applicable fee and approval
of such application by the Building Inspector.
F.
Revocation or suspension of operating permits. If the Building Inspector
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 Building Inspector
or an inspector designated by the Building Inspector 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;
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months; and
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) and (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) and (2), shall be performed at least once every 24 months. In order to properly inspect said premises so as to ensure to the maximum extent possible adequate firesafety, and subject to the provisions of New York State Executive Law § 381(1), as may be from time to time amended, all living space, attics and basements, as well as all other areas as deemed appropriate by the Building Inspector and/or his designated agent, shall be accessible for inspection. Fees for said inspections shall be in accordance with the Village of Walden fee schedule,[1] as adopted and as may be modified from time to time.
[Amended 3-28-2017 by L.L. No. 5-2017]
[1]
Editor's Note: The fee schedule is on file in the office
of the Village Clerk.
(4)
Firesafety and property maintenance inspections of all rental units not included in Subsection A(1), (2) and (3) above and not exempted pursuant to New York State Executive Law § 381(1), as may be amended from time to time, shall be performed at least once every 24 months.
[Added 7-11-2017 by L.L.
No. 8-2017]
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, occupancy or any dwelling unit may also be performed by the Building Inspector or an inspector 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 Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Building Inspector of any information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or the 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.
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.
The Building Inspector 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/code or regulation adopted for the 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 Building Inspector may deem 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 the opportunity to abate, correct or cure the violation or otherwise proceeding in the manner described in § 121-15 of this chapter;
C.
If appropriate, issuing a stop-work order; and
D.
If a violation which was found to exist is abated, corrected or cured,
preparing a final written report reflecting such abatement, correction
or cure and filing such report with the complaint.
A.
The Building Inspector 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/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 concluded;
(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 period so required by state law and regulation.
A.
The Building Inspector shall annually submit to the Board of Trustees of the Village a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 121-13 of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector 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 Building Inspector shall, upon request of the New York State
Department of State, provide to the said 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 Building Inspector 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 Building Inspector shall
issue a compliance order. The compliance order shall be in writing;
be dated and signed by the Building Inspector; 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 Building
Inspector 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 Building Inspector shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally or by certified mail, return receipt requested.
The Building Inspector 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, return receipt requested; 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 Building Inspector and each inspector are
authorized to issue appearance tickets for any violation of the Uniform
Code or Energy 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 Building Inspector pursuant to any provision of
this chapter, shall be liable to a civil penalty of not more than
$250 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 the 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 Building Inspector
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 Manager or the Board of Trustees of the Village.
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 § 121-6 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.
[Amended 7-11-2017 by L.L. No. 8-2017]
A fee schedule shall be established by resolution of the Board
of Trustees of the Village. 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 Building Inspector described in or contemplated
by this chapter. The fees due and payable under this chapter, if not
paid as required, shall be a lien against the real property affected.
The amount of such fee, if not paid as required, may be assessed and
levied against such real property and collected in the same manner
as real property taxes.
The Board of Trustees of the Village may, by resolution, authorize
the Village Manager to enter into an agreement in the name of the
Village with other municipalities 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 NYCRR, or
any other applicable law.
