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 the Village of Coxsackie. This chapter is adopted
pursuant to Section 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:
BUILDING PERMIT
A permit issued pursuant to §
66-4 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.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to Subsection
A of §
66-15 of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to Subsection
D of §
66-3 of this chapter.
OPERATING PERMIT
A permit issued pursuant to §
66-10 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.
The chief of any fire department providing fire-fighting services
for a property within this Village shall promptly notify the Code
Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified
and addressed in accordance with the following procedures:
A. A building or structure or part thereof which is an imminent danger
to life and safety of the public is hereby declared to be a public
nuisance.
B. Whenever the Code Enforcement Officer finds a building or structure,
or part thereof, to be an imminent danger to life and safety of the
public as a result, the Code Enforcement Officer may recommend to
the Mayor or his/her designee that the building or structure be demolished
or removed as may be necessary to remove the danger.
C. The Code Enforcement Officer may require the occupants of any such
building or structure, or part thereof, to vacate the premises forthwith.
No person shall use or occupy such building or structure, or part
thereof, until it is made safe.
D. Except for the owner or Village official, no person shall enter premises
which have been ordered vacated unless authorized to perform inspections
or repairs or to demolish and remove such building or structure, or
part thereof.
E. All costs and expenses incurred by the Village of Coxsackie in connection
with any work done to remove the danger, or in connection with the
demolition and removal of any such building or structure shall be
assessed against the land on which such building or structure is located,
and a bill for such expenses shall be presented to the owner of the
property or, if the owner cannot be ascertained, then the bill shall
be posted in a conspicuous place on the promises. Such an assessment
shall be and constitutes a lien upon such land. If the owner shall
fail to pay for such expenses within 10 days after the bill is presented
or posted, a legal action may be brought to collect such assessment
or to foreclose such lien. As an alternative to the maintenance of
any such action, the Code Enforcement Officer may file a certificate
of the actual expenses incurred as aforesaid, together with a statement
identifying the property in connection with which the expenses were
incurred, and the owner thereof, with the Assessor, who shall, in
the preparation of the next assessment roll, assess such amount upon
such property. Such amount shall be included in the levy against such
property, shall constitute a lien and shall be collected and enforced
in the same manner, by the same proceedings, at the same time and
under the same penalties as is provided by law for the collection
and enforcement of real property taxes in the Village of Coxsackie.
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 §
66-15 (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 this Village. 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,
fire safety and property maintenance inspections, and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
The Board of Trustees of this Village may, by resolution, authorize
the Mayor of this Village to enter into an agreement, in the name
of this Village, 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.