[Amended 9-21-2015 by L.L. No. 7-2015]
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") and the Village of Bath Code in the Village of
Bath. This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law. Except as otherwise provided in the Uniform Code, other
state law, or other section of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this chapter, which is intended to address unsafe buildings or
structures with violations that can reasonably be abated.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
40-4 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.
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 §
40-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
UNSAFE BUILDINGS OR STRUCTURES
An unsafe building or structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire or because such
structure is unsanitary or unfit for human occupancy or contains unsafe
equipment or is so damaged, decayed, dilapidated, structurally unsafe,
or of such faulty construction or unstable foundation that partial
or complete collapse is possible.
[Added 9-21-2015 by L.L.
No. 7-2015]
The chief of any fire department providing fire-fighting services
for a property within the Village of Bath shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
[Amended 9-21-2015 by L.L. No. 7-2015]
Unsafe structures and equipment in the Village of Bath shall be identified in accordance with the New York State Fire Prevention and Building Code and addressed in accordance with the procedures established by Chapter
40 of the Bath Village Code, as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law 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 §
40-15, 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 fee schedule shall be established by resolution of the Board
of Trustees of the Village of Bath. Such fee schedule may thereafter
be amended from time to time by like resolution. The fees set forth
in, or determined in accordance with, such fee schedule or amended
fee schedule shall be charged and collected for the submission of
applications, the issuance of building permits, amended building permits,
renewed building permits, certificates of occupancy, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Board of Trustees of the Village of Bath may, by resolution,
authorize the Supervisor of the Village of Bath to enter into an agreement,
in the name of the Village of Bath, 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.