[HISTORY: Adopted by the Town Board of the Town of Kinderhook
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1981 by L.L. No. 1-1981 (Ch. 4 of the 1978
Code)]
[Amended 8-8-2005 by L.L. No. 11-2005; 5-3-2021 by L.L. No. 1-2021]
A.
The following are hereby authorized and deputized as agents of the
Town of Kinderhook to make inspections and reinspections of all electrical
installations heretofore and hereafter described and to approve or
disapprove the same:
(1)
The Chief Inspector and each of the duly appointed inspectors of
the New York Board of Fire Underwriters.
(2)
Allied Electrical Inspections Service, Inc., Lake George, New York.
(3)
Commonwealth TH Electrical Inspections Service, Inc., Plattsburgh,
New York.
(4)
Middle Department Inspection Agency, Inc., Watervliet, New York.
(5)
New York Electrical Inspections, Arkville, New York.
(6)
The Inspector, LLC, Chateaugay, New York.
(7)
Tri-State Inspection Agency, Inc.
(8)
Independent Electrical Contractors New York Chapter Inc., Williamsville,
New York.
(9)
Z3 Consultants, Poughkeepsie, NY, 12601.
B.
Additional individuals and/or entities may be authorized and deputized
as agents of the Town of Kinderhook to make inspections and reinspections
of all electrical installations heretofore and hereafter described
and to approve or disapprove upon the recommendation of the Town of
Kinderhook Code Enforcement Officer and the resolution of the Kinderhook
Town Board approving same.
C.
In no event, however, will the cost or expense of such inspections
and reinspections be a charge against the Town of Kinderhook.
A.
It shall be the duty of the inspector to report in writing to the
Building Inspector, whose duty it shall be to enforce all provisions
of this Code, all violations or deviations from or omissions of the
electrical provisions of the Building Code applicable to the Town
of Kinderhook and of all local laws, ordinances and the Building Code
as referred to in this article insofar as any of the same apply to
electrical wiring. The inspector shall make inspections and reinspections
of electrical installations in and on properties in the Town of Kinderhook
upon the written request of an authorized official of the Town of
Kinderhook or as herein provided. The inspector is authorized to make
inspections and reinspections of electrical wiring, installations,
devices, appliances and equipment in or on properties within the Town
of Kinderhook where he deems it necessary for the protection of life
and property. In the event of an emergency, it is the duty of the
inspector to make electrical inspections upon the oral request of
an official or officer of the Town of Kinderhook.
B.
It shall be the duty of the inspector to furnish written reports
to the proper officials of the Town of Kinderhook and owners and/or
lessees of property where defective electrical installations and equipment
are found upon inspection. He shall authorize the issuing of a certificate
of compliance when electrical installations and equipment are in conformity
with this article. He shall direct that a copy of the certificate
of compliance be sent to the Town of Kinderhook to the attention of
the Building Inspector.
It shall be a violation of this article for any person, firm
or corporation to install or cause to be installed or to alter electrical
wiring for light, heat or power in or on properties of the Town of
Kinderhook until an application for inspection has been filed with
the New York Board of Fire Underwriters. It shall be a violation of
this article for a person, firm or corporation to connect or cause
to be connected electrical wiring in or on properties for light, heat
or power, to any source of electrical energy supply, prior to the
issuance of a temporary certificate or a certificate of compliance
by the New York Board of Fire Underwriters.
[Adopted 7-12-2010 by L.L. No. 1-2010]
This article 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 Town of Kinderhook. This article is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
sections of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
article.
As used in this article, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 96-7 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
Includes the Code Enforcement Officer and all inspectors.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A permit issued pursuant to § 96-12 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
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 § 96-9 of this article.
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 article. 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, 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, temporary certificates and operating permits, and to
include in building permits, certificates of occupancy, 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, 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
article;
(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 the Town Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this article or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this article;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B.
The Code Enforcement Officer shall be appointed by resolution of
the Town Board. 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 resolution
of the Town Board 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 article.
D.
One or more inspectors may be appointed by resolution of the Town
Board 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 article. 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 of Kinderhook Town Board.
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)
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 retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(5)
Installation of partitions or movable cases less than five feet to
nine inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(7)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(8)
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
(9)
Repairs, provided that such repairs do not involve:
(a)
The
removal or cutting away of a load-bearing wall, partition, or portion
thereof or of any structural beam or load-bearing component;
(b)
The
removal or change of any required means of egress or the rearrangement
of parts of a structure in a manner which affects egress;
(c)
The
enlargement, alteration, replacement or relocation of any building
system; or
(d)
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 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 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
(10)
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 registered mail/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
registered mail/certified mail; 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 § 96-17, Enforcement remedies; penalties for offenses, of this article 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, 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. 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 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 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 county shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
A.
Operating 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 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 County of Columbia.
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 remain in
effect until reissued, renewed, revoked, or suspended.
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) of this section and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section shall be performed at least once every 36 months.
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 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; 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 article 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.
(1)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
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 article,
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 § 96-17, Enforcement remedies; penalties for offenses, of this article;
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 Code Enforcement Officer 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 of Kinderhook 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 § 96-15, Recordkeeping, of this article 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 this Town, 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 article. 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 article;
(d)
Specify the provision or provisions of the Uniform Code, the Energy
Code, or this article 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 registered mail/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 registered mail/certified
mail; 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 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 prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this article, 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 article, 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 the Town of Kinderhook.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the Town of Kinderhook, 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 article, 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 article. 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 article,
or any stop-work order, compliance order or other order obtained under
the Uniform Code, the Energy Code or this article, an action or proceeding
may be commenced in the name of this county, 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 of Kinderhook Town Board.
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 § 96-9, Stop-work orders, of this article, in any other section of this article, 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 § 96-9, Stop-work orders, of this article, in any other section of this article, 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
of Kinderhook Town Board.[1] 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 article.
[1]
Editor's Note: The fee schedule is on file in the Town offices.
The Town of Kinderhook may, by resolution, authorize an agreement,
in the name of the Town, with other governments to carry out the terms
of this article, 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.