[Adopted 10-10-2006 by L.L. No. 2-2006]
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 this Town. 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.
In this article, the following terms shall have the meanings
indicated:
BUILDING PERMIT
A permit issued pursuant to §
212-4 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.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer stating
that a specific structure, item or piece of equipment has been constructed
or installed pursuant to the terms of this article and the New York
State Uniform Fire Prevention and Building Code, and no such structure,
item or equipment shall be used until such a certificate has been
issued by the Code Enforcement Officer.
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 §
212-10 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
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 firefighting 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 the Town of Webb shall be
identified and addressed in accordance with the following procedures:
A. Inspection and report. When, in the opinion of the Code Enforcement
Officer, any building or structure located in the Town shall be deemed
to be dangerous or unsafe to the public, the Code Enforcement Officer
shall make a formal inspection thereof and report, in writing, to
the Town Board his findings and recommendations in regard to the building's
or structure's removal or repair.
B. Notice; posting.
(1) The Town Board shall thereafter consider said report, and if it finds
from said report that there is ground to believe that such buildings
or structures are dangerous or unsafe, the Town Board, by resolution,
shall order its removal or repair, if the same can be safely repaired,
and further order that a notice be served personally or by registered
mail upon the owner or representatives, agents, lessees or any person
having a vested or contingent interest in the premises, as shown by
the last preceding assessment roll of the Town and/or by the records
of the County Clerk's office. If such service is made by registered
mail, a copy of the notice must be posted on the premises.
(2) A copy of such notice shall be filed in the office of the Herkimer
County Clerk. The notice shall be filed by such Clerk in the same
manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules and shall have the same effect as a notice
of pendency as therein provided, except as otherwise hereafter provided.
A notice so filed shall be effective for a period of one year from
the date of filing; provided, however, that it may be vacated upon
the order of a Judge or Justice of a court of record or upon the consent
of the Town Attorney.
C. Contents of notice. The notice shall include the following statements:
(1) A description of the premises.
(2) A statement of the particulars in which the buildings or structures
are unsafe or dangerous.
(3) A demand requiring the same to be made safe and secure or removed.
(4) A notice stating the time and place of a hearing to be held before
the Town Board within 30 days of the service of the notice.
(5) A statement that the building or structure shall be removed or repaired
by the Town in the event that the owner fails or refuses to repair
or remove the same within 60 days of the service of the notice.
(6) A statement that the land on which said buildings or structures are
located will be assessed for all costs and expense incurred by the
Town in connection with the proceedings to remove or secure the premises,
including but not limited to the actual cost of removal, legal and
administrative, posting, advertisement and/or legal notices.
D. Hearing. A hearing shall be held before the Town Board within 30
days of the service of the notice.
E. Assessment of costs. All costs and expenses incurred by the Town
in connection with the proceedings to remove or secure such buildings
and structures, including the actual cost of repairing, securing or
removal, shall be assessed upon the land which said buildings or structures
are located. Such assessment shall be assessed on the next assessment
against such property, and the same shall be levied and collected
in the same manner as the regular Town tax.
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 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 §
212-15, Enforcement; 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 fee schedule shall be established by resolution of the Town
Board of this Town. 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.
The Town Board of this Town may, by resolution, authorize the
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 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.
Upon the adoption and taking effect of this article, it shall
supersede the provisions of Local Law No. 1 of 1987 and the Unsafe
Building Ordinance adopted by this Board on January 15, 1991, and,
therefore, Local Law No. 1 of 1987 shall be, and it is hereby, repealed,
and the Unsafe Building Ordinance adopted by this Board on January
15, 1991, shall be, and it is also hereby, repealed.