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 and Article 18 of the
Executive Law and Rules and Regulations promulgated pursuant thereto.
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 §
78-4 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.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to §
78-3B of this chapter and shall include the designation "Building Inspector." The terms "Code Enforcement Officer" and "Building Inspector" shall be used interchangeably in the Code of the Town of Hartland.
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 §
78-10 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 Hartland.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter
54 of the Code of the Town of Hartland, as now in effect or as hereafter amended from time to time.
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, rule or regulation adopted for
administration and enforcement of the Uniform Code or the Energy Code
or other local law, ordinance, rule or regulation. 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. Making an initial determination of the basis of the complaint and
whether further investigation is merited;
B. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
C. 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 §
78-15, Enforcement; penalties for offenses, of this chapter;
D. If appropriate, issuing a stop-work order;
E. 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 Hartland
Town Board. Such fee schedule may thereafter be amended from time
to time by like resolution. The fees set forth in, or determined in
accordance with, such fee schedule or amended fee schedule shall be
charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, temporary certificates, operating permits,
firesafety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
The Town Board of this Town may, by resolution, authorize the
Town Supervisor enter into an agreement 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.
Articles I and II of Chapter
78 (§§
78-1 through
78-11) of the Town of Hartland Code are hereby repealed in their entirety by this local law.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State.