[HISTORY: Adopted by the Town Board of the Town of Cobleskill 2-11-2008 by L.L. No.
1-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 81.
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 this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 64-4 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 § 64-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 64-3B of this chapter.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 64-15A 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 § 64-3D of this chapter.
A permit issued pursuant to § 64-10 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.
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.
An order issued pursuant to § 64-6 of this chapter.
A certificate issued pursuant to § 64-7D of this chapter.
The Town of Cobleskill.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
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 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 Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town'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 Town Board
of the Town of Cobleskill. 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 Town
Board of the Town of Cobleskill 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 Town Board of the
Town of Cobleskill 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 Town Board of the Town of
Cobleskill.
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)
Construction or installation of one story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
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;
(4)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(11)
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
(12)
Repairs, provided that such repairs do not involve the removal or
cutting away of a load-bearing wall, partition or portion thereof,
or of any structural beam or load-bearing component; the removal or
change of any required means of egress, or the rearrangement of parts
of a structure in a manner which affects egress; the enlargement,
alteration, replacement or relocation of any building system; or 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
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.
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 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.
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 Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and 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 Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless 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 six 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 subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
J.
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:
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 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;
(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.
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.
[Amended 10-3-2011 by L.L. No. 2-2011]
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 § 64-15, 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.
Issuance of certificates of occupancy/certificates of compliance.
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, that 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. 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. 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.
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.
D.
Temporary certificate.
(1)
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:
(a)
That
the building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely;
(b)
That
any fire- and smoke-detecting or fire protection equipment which has
been installed is operational; and
(c)
That
all required means of egress from the building or structure have been
provided.
(2)
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.
E.
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 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.
A.
Purpose. Unsafe structures pose a threat to life and property in
the Town of Cobleskill. Buildings and structures may become unsafe
by reason of damage by fire, the elements, neglect, age or general
deterioration. Vacant buildings not properly secured at doorways and/or
windows also serve as an attractive nuisance for young children who
may be injured therein, as well as a point of congregation by vagrants
and transients. A dilapidated building or structure may also serve
as a place of rodent infestation thereby creating a health menace
to the community. It is the purpose of this chapter to provide for
the safety, health, protection and general welfare of persons and
property in the Town of Cobleskill by requiring such unsafe buildings
be repaired or demolished and removed.
B.
CODE ENFORCEMENT OFFICER
STRUCTURES
UNSAFE STRUCTURE
(1)
(2)
(3)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The Code Enforcement Officer of the Town of Cobleskill or
such other person appointed by the Town Board to enforce the provisions
of this chapter.
Any building, structures or portion thereof used, now or
formerly, for residential, business or industrial purposes.
Any structure that is dangerous to the life, health, property
or safety of the public or its occupants because it does not contain
minimum safeguards to protect or warn occupants in the event of a
fire;
Contains unsafe equipment; or
Is so damaged, decayed, dilapidated, structurally unsafe or
of such other faulty construction or unstable foundation that partial
or complete collapse is possible as the same is more fully defined
in property maintenance sections of the Uniform Fire Prevention and
Building Code.
C.
Investigation and report. When in his own opinion or based upon report
of a qualified expert or upon receipt of other competent information
that a building: is or may become dangerous or unsafe to the general
public; 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 trespassers; is or may become a place of rodent
infestation; presents a danger to the health, safety, morals and/or
general welfare of the public; or is unfit for the purpose for which
it may lawfully be used, the Code Enforcement Officer shall cause
or make an inspection thereof and then report in writing to the Town
Board his findings and recommendations in regards to repair or demolition
and removal, which findings and recommendations shall be reviewed
by the Town Board and vote then taken to authorize the Code Enforcement
Officer to proceed in implementation of his recommendations, and to
provide notice upon the persons, partnerships, corporations or other
entities in the manner hereinafter provided.
D.
Notice, content. The notice shall contain the following:
(1)
A description of the premises based on the tax parcel identification;
(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 said building shall commence
within 30 days after the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall
be extended; and
(5)
A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and removed the building, the Town
Board is authorized to provide for its demolition and removal and
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
and removal, including legal expenses.
E.
Service of notice. The said notice shall be served:
(1)
By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee or any other person having a vested or contingent interest
in such unsafe building as shown by the records of the receiver of
taxes, or tax collector, or of the County Clerk; of if no such person
can be reasonably found by mailing such owner by registered mail a
copy of such notice directed to his last known address as shown by
the above records;
(2)
By personal service of a copy of such notice upon any adult person
residing in or occupying such premises if such person can be reasonably
found; and
(3)
By securely affixing a copy of such notice upon the unsafe building.
Said notice shall be delivered by the Code Enforcement Officer or
his designee, which may also include the County Sheriff and or the
Town Constable.
F.
Recording notice. A copy of the notice served as provided herein
shall be filed both in the office of the Town Clerk and the Clerk
of the County of Schoharie.
G.
Refusal to comply. In the event of the failure, refusal or neglect of the person so notified to comply with said order, the Town Board shall provide for the demolition or removal of such building or structure by Town employees, or contract such services with an independent contractor. Except in the case of an emergency demolition as provided in Subsection I hereinafter, the Town shall award all contracts in compliance with competitive bidding.
H.
Assessment of expenses. All expenses incurred by the Town in connection
with the proceedings to repair and secure and/or demolish and remove
the unsafe building, including the cost of actually removing such
building which shall include all costs of proper disposal, shall be
assessed against the land on which such building is located and shall
be levied and collected in the same manner as provided in Article
15 of the Town Law for the levy and collection of a special ad valorem
levy.
I.
Emergency cases. Where it reasonably appears that there is present clear and imminent danger to the life, safety or health of any person or property, if an unsafe building is not immediately repaired or secured or demolished, the Town Board may by resolution authorize the Code Enforcement Officer 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 H hereof.
A.
Operation 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 Tables 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 Section 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 Town Board of the Town of Cobleskill.
(2)
Any person who proposes to undertake any activity or to operate any
type of building listed in this subsection shall be required to obtain
an operating permit prior to commencing such activity or operation.
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.
[Amended 10-3-2011 by L.L. No. 2-2011]
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.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 36 months.
[Amended 10-3-2011 by L.L. No. 2-2011]
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:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
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
(3)
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; 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.
[Amended 10-3-2011 by L.L. No. 2-2011]
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 § 64-15, 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 Town Clerk 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 Town Board of the Town of Cobleskill 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 § 64-13, 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 Town of Cobleskill, on a form prescribed
by the Secretary of State, a report of the activities of this Town
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 this Town is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Town in connection
with administration and enforcement of the Uniform Code.
A.
Compliance orders.
(1)
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:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform Code,
the Energy Code or this chapter;
(d)
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;
(e)
Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period of
time; and
(g)
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
(2)
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.
[Amended 10-3-2011 by L.L. No. 2-2011]
(3)
In the event that a violation or violations of § 64-11, Firesafety and property maintenance inspections, are not remedied within the time period specified in such section of the code [§ 64-15A(1)(e)], the Town of Cobleskill may cause the appropriate work, repair or correction to be made or done, and the expense thereby incurred shall be invoiced to the owner of record at the address listed in the current assessment roll by certified return receipt requested and first-class mail at the expense of the owner, and payment remitted to the Town Clerk within 30 days of date of mailing. If not paid by that time, all expenses incurred by the Town in connection with the proceedings to cause the appropriate work, repair or correction to be made or done shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of Town Law for the levy and collection of a special ad valorem levy.
[Added 10-14-2014 by L.L. No. 4-2014]
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 proscribed 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 Town.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Town 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 this Town, 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
Town Supervisor of this Town.
[Amended 10-3-2011 by L.L. No. 2-2011]
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 § 64-6, 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 § 64-6, 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 Town
Board of the Town of Cobleskill. 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.
[Amended 10-3-2011 by L.L. No. 2-2011]
The Town Board of the Town of Cobleskill 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.
