[HISTORY: Adopted by the Board of Trustees
of the Village of Yorkville 9-4-2012 by L.L. No. 2-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 46,
Building Construction and Fire Prevention, adopted 5-3-1988 by L.L.
No. 1-1988.
This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), the State Energy Conservation Construction Code (the Energy Code), the Oneida County Sanitation Code and Chapter 135, Zoning in the Village of Yorkville. 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 and Chapter 135, Zoning, all buildings, structures and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 46-4 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 § 46-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 46-3B of this chapter.
The Code Enforcement Officer and all Inspectors.
An order issued by the Code Enforcement Officer pursuant to § 46-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
Inspector appointed pursuant to § 46-3D of this chapter.
A permit issued pursuant to § 46-10 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.
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 § 46-6 of this chapter.
A certificate issued pursuant to § 46-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code
as currently in effect and as hereafter amended from time to time.
The Village of Yorkville.
A.
The office of Enforcement Officer (Codes) is hereby created. The Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, Chapter 135, Zoning and this chapter. The 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
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 (as conducted and approved by the
Fire Safety Inspector) 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 Board of Trustees, Village of Yorkville.
(9)
To pursue administrative enforcement actions and proceedings.
(10)
In consultation with this Village's attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, the County Sanitation Code and this chapter,
or to abate or correct conditions not in compliance with the aforementioned
codes and local law.
(11)
To exercise all other powers and fulfill all other duties conferred
upon the enforcement by this chapter.
B.
The Enforcement Officer shall be appointed by the Village Board of
Trustees. The Enforcement Officer shall possess background experience
related to building construction 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 enforcement personnel, and the Enforcement Officer shall
obtain certification from the State Administrator pursuant to the
Executive Law and the regulations promulgated thereunder.
C.
In the event that the Enforcement Officer is unable to serve as such
for any reason, an individual shall be appointed by the Mayor to serve
as Acting Enforcement Officer. The Acting Enforcement Officer shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the Enforcement Officer by this
chapter.
D.
One or more Inspectors may be appointed by the Village Board of Trustees
to act under the supervision and direction of the Enforcement Officer
and to assist the Enforcement Officer in the exercise of the powers
and fulfillment of the duties conferred upon the 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 enforcement personnel, and each Inspector shall obtain
certification from the State Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Enforcement Officer and Inspectors shall
be fixed each budget year by the Board of Trustees of this Village.
A.
Building permits required. Except as otherwise provided, a building
permit shall be required for any work which must conform to the Uniform
Code, the Energy Code and this chapter, 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 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 which are used for toolsheds and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet and that height and minimum yard dimensions are as specified in Chapter 135, Zoning.
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings.
(3)
Installation of partitions or movable cases less than five feet nine
inches in height.
(4)
Painting, wallpapering, tiling, carpeting or similar finish work.
(5)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances.
(6)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications.
(7)
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.
(8)
Installation of swimming pools associated with one- or two-family
dwellings or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely aboveground.
(9)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids.
(10)
Construction of temporary motion-picture, television and theater
stage sets and scenery.
(11)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses).
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, Energy Code, Chapter 135, Zoning, or this chapter.
D.
Applications for building permits. Applications for a building permit shall be made, in writing, on a form provided by the 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 Enforcement Officer deems sufficient to permit a determination by the Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code, Energy Code, Chapter 135, Zoning, and this chapter. The application shall, at a minimum, be accompanied by the following information and documentation.
(1)
A description of the proposed work.
(2)
The Tax Map number and/or 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.
(5)
At least two sets of construction documents (drawings and/or specifications)
which define the scope of the proposed work are prepared by a New
York registered architect or licensed professional engineer where
so required by the Education Law, indicate with sufficient clarity
and detail the nature and extent of the work proposed, substantiate
the proposed work will comply with the Uniform Code, Energy Code and
this chapter and, 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.
(6)
Proof
that the real property is not subject to any lien for any "delinquent
tax," as such term is defined in § 1102, Article 11, of
the Real Property Tax Law of the State of New York, including but
not limited to any unpaid tax, special ad valorem levy, special assessment
or other charge imposed upon real property by or on behalf of a municipal
corporation or special district, plus all applicable charges, relating
to any parcel which is included in the return of unpaid delinquent
taxes prepared pursuant to § 936 of this chapter[1] or such other general, special, or local law as may be
applicable. In no event, however, shall "delinquent tax" include any
unpaid tax or other charge against lands owned by the state. Failure
to provide any of the above requirements will result in your building
or zoning permit application being denied.
[Added 12-7-2021 by L.L. No. 9-2021]
[1]
Editor's Note: See Real Property Tax Law § 936,
Return of unpaid delinquent taxes.
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 Enforcement Officer, in writing, or by stamp. 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 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, Energy Code
and this chapter. The Enforcement Officer shall issue a building permit
if the proposed work is in compliance with the applicable requirements
of the aforementioned codes and law.
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 Enforcement Officer of any change
occurring during the course of the work. The building permit shall
contain such a directive. If the 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 expired pursuant to this section may be
renewed upon application by the permit holder, payment of the applicable
fee and approval of the application by the Enforcement Officer.
J.
Revocation or suspension of building permits. If the 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,
Energy Code or this chapter, the 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 aforementioned
codes and law and all work then proposed to be performed shall be
in compliance with all applicable provisions of the subject codes
and local law.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Enforcement Officer or by an Inspector authorized by the Enforcement Officer. The permit holder shall notify the Enforcement Officer when any element of work described under Subsection B (below) 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 and/or penetrations.
(7)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents.
(8)
Energy Code compliance.
(9)
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, Energy Code or this chapter. Work not in compliance with any
applicable provision of the aforementioned codes or law shall remain
exposed until such work shall be brought into compliance with the
applicable provisions of the codes and local law, reinspected and
found satisfactory as completed.
A.
Authority to issue. The Enforcement Officer is authorized to issue
stop-work orders pursuant to this section. The Enforcement Officer
shall issue stop-work orders to halt:
(1)
Any work that is determined by the Enforcement Officer to be contrary
to any applicable provision of the Uniform Code, Energy Code or this
chapter, 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 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 be
issued for such work.
(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 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 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
subsection 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 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 § 46-15 of this chapter or under any other applicable local or state law or laws. Any such 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 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.
B.
Issuance of certificates of occupancy/certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, Energy Code and Chapter 135, Zoning, and this chapter and, if applicable, that the structure, building or portion thereof was converted from one use or occupancy classification or subclassification to another complies with all applicable provision of the aforementioned codes and law. 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. 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, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy.
C.
Contents of certificates of occupancy. A certificate of occupancy
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)
In the event the certificate of occupancy is not applicable to an
entire structure, a description of that portion of the structure for
which the certificate of occupancy 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.
(10)
The signature of the Enforcement Officer issuing the certificate
of occupancy 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 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, Energy Code, Chapter 135, Zoning, and this chapter.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy 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 or Assistant Chief of the Fire Department providing
firefighting service for a property within the Village of Yorkville
shall promptly notify the Enforcement Officer of any fire or explosion
involving any structural damage, fuel-burning appliance, chimney or
gas vent.
A.
When a building, structure or equipment is found to be unsafe or when a building or structure is found unfit for human occupancy, or is found unlawful, such building or structure shall be condemned pursuant to the provisions of the Uniform Code, Chapter 135, Zoning and this chapter.
(1)
Unsafe building or structure. 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 building or structure
by not providing minimum safeguards to protect or warn occupants in
the event of fire, or because such building or structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe, or such faulty construction or unstable foundation, that partial
or complete collapse is possible.
(2)
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
building or structure which is in such disrepair or condition that
such equipment is a hazard to life, health, property or safety or
the public or occupants of the premises or structure.
(3)
Building or structure unfit for human occupancy. A building or structure
is unfit for human occupancy whenever such building or structure is
unsafe, unlawful or, because of the degree to which the building or
structure is in disrepair or lacks maintenance, is unsanitary, vermin-
or rat-infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by the Uniform Code, or because the location of the building
or structure constitutes a hazard to the occupants of the building
or structure or to the public.
(4)
Unlawful building or structure. An unlawful structure is one found
in whole or in part to be occupied by more persons than permitted
under the Uniform Code, or was erected, altered or occupied contrary
to law.
B.
The Enforcement Officer shall be responsible for carrying out the
obligations and duties set forth as follows:
(1)
Inspection. No person, firm or corporation or association who or
which is the owner of a building or structure in the Village of Yorkville
shall cause, suffer, allow or permit said building or structure to
become dangerous or unsafe to the public. In the event that any building
or structure now is or hereafter becomes dangerous or unsafe to the
public, from any cause whatsoever, said owner or occupant shall repair
or remove said building or structure. In the event of the failure
of the owner of any such building or structure to repair or remove
same, the Enforcement Officer shall make a complete inspection and
report the condition to the Village Board of Trustees. Notice shall
thereafter be served on the owner or, if jointly owned, one of the
owners, executors, legal representatives, agents, lessees or any other
person having a vested or contingent interest in the building or structure.
The notice shall contain a description of the premises, a statement
of the particulars in which the building or structure is unsafe or
dangerous and an order requiring the building or structure to be made
safe and secure or removed. The notice shall also provide for the
time within which the person served shall commence and complete the
securing or removal of the building or structure. In the event of
the neglect or refusal of the person so served with said notice to
comply with same, a survey of the premises shall be made by an independent
building inspector and architect, named by the Village Board of Trustees,
and a particular builder, engineer or architect appointed by the person
so notified as indicated above, and in the event of the refusal or
neglect of the person so notified to appoint such persons, the two
appointed by the Village shall make the inspection and submit the
report to the Enforcement Officer and the Village Board of Trustees.
In the event that this report further provides that the building or
structure constitutes an unsafe condition to the public, the Village
Attorney will be directed to petition the Supreme Court for an order
determining the building or structure to be a public nuisance and
directing that it shall be repaired and secured or proper demolition
procedures be taken.
(2)
Posting of survey report. A signed copy of the report rendered by
the Inspectors appointed by the Village Board of Trustee shall be
posted on the building or structure.
(3)
Costs of notice. All costs and expenses incurred by the Village in
connection with any and all of the proceedings indicated, to include
the cost of demolishing and removal of the building or structure,
shall be assessed against the owner or owners of the building, structure
and land on which the building or structure is located.
(4)
Cost of removal. If such owner, owners or person served shall fail
to pay the costs and expenses incurred by the Village within 10 days
after being notified of the costs thereof by certified mail, the Village
Clerk shall file, immediately preceding the time for preparing the
annual assessment roll, a certificate of such actual costs and expenses
with a statement as to the property upon which such cost and expense
were incurred. The building(s) or structure(s) or other obstructions
removed with the Town of Whitestown Assessor, who shall in the preparation
of the next assessment roll of general Village taxes assess such amount
upon such property, and the same shall be levied, collected and enforced
in the same manner, by the same proceedings, at the same time, under
the same penalties, and having the same lien upon the property assessed
as the general Village tax and as a part thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
Reporting unsafe buildings. Any report received by the Code Enforcement
Officer, Village Board of Trustees or any elected or appointed official
of a suspected unsafe building or structure will be immediately inspected
by the Code Enforcement Officer and other Inspectors as deemed necessary
by the Code Enforcement Officer. A report of findings along with recommendations
will be submitted to the Village Board as soon as possible after inspection.
(6)
Imminent danger. When there is imminent danger of failure of collapse
of a building or structure which endangers life, or when any structure
or part of a structure has fallen and life is endangered by the occupation
of the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or defective or dangerous
equipment, the occupants shall vacate the premises forthwith. There
shall be posted at each entrance to such structure a notice reading
as follows: "This structure is unsafe and its occupancy has been prohibited
by the Code Enforcement Officer." It shall be unlawful for any person
to enter such structure except for the purpose of securing the structure,
making the required repairs, removing the hazardous condition or of
demolishing the same.
(7)
Emergency provisions. In cases of great emergency, where the delay
of proceedings, as therein provided, would result in probable loss
of life or property, the Mayor shall have the power to direct the
Code Enforcement Officer to proceed at once to take such action as
is needed to guard the safety of persons and property.
A.
Operating permits required. Operating permits shall be required for
conducting the activities or using the categories of buildings listed
below:
(1)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in the tables of the most current version of
the Uniform Building and Fire Prevention Code adopted by New York
State.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
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.
(3)
Use of pyrotechnic devices in assembly occupancies.
(4)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more.
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of this Village.
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Note: Any person who proposes to undertake any activity or to operate any type of building listed in Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
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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 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 above 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 Enforcement
Officer and/or Fire Safety Inspector 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.
B.
Inspections permitted. In addition to the inspections required by Subsection A, firesafety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may be performed by the Code Enforcement Officer and/or Fire Safety Inspector or any Inspector designated by the Code Enforcement Officer and/or Fire Safety Inspector 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, Energy Code, Chapter 135, Zoning, or this chapter exist.
(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, Energy Code, Chapter 135, Zoning, or this chapter exist.
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Note: Provided, however, that nothing in § 46-11 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.
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C.
Office of Fire Prevention and Control 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. Notwithstanding any other provision
of this subsection to the contrary:
(1)
The Code Enforcement Officer and/or Fire Safety Inspector shall not
perform firesafety and property maintenance inspection 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 and/or Fire Safety Inspector 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 and/or Fire Safety Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) and (2) if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding 36 months.
(4)
The Code Enforcement Officer and/or Fire Safety Inspector shall not
perform firesafety and property maintenance inspections on a nonresidential
building, structure, use or occupancy not included in this section
if OFPC performs firesafety and property maintenance inspections of
such nonresidential building, structure, use or occupancy at intervals
not exceeding 36 months.
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, the Energy Code, Chapter 135, Zoning, or this chapter. 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
under violations 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 Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by the Code Enforcement
Officer of other appointed enforcement personnel or Inspectors, 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 and/or certificates
of completion, 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.
(8)
All other features and activities specified in or contemplated by
and set forth in this chapter.
(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 monthly submit to the Yorkville Village Board of Trustees a written report and summary of all business conducted by the Code Enforcement Officer, including a summary of all transactions and activities described in § 46-13 (Recordkeeping) of this chapter and 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 Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village 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 Village is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Village 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, Chapter 135, Zoning, or this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a written notice for compliance. The order shall:
(a)
Be dated and signed by the Code Enforcement Officer;
(b)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(c)
Specify the provision or provisions of the Uniform Code, the Energy Code, Chapter 135, Zoning, or this chapter which is/are violated by the specified condition or activity;
(d)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(e)
Direct that compliance be achieved within the specified period
of time; and
(f)
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 order, or a copy thereof,
to be served on the owner of the affected property personally or by
certified mail (return receipt). The Code Enforcement Officer shall
be permitted, but not required, to cause the order, or a copy thereof,
served on any building, 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 (return receipt); provided, however,
that the failure to serve any person mentioned in this subsection
shall not affect the efficacy of the order, as specified in Village
of Yorkville local law.
B.
Appearance tickets. The Code Enforcement Officer or any Inspector appointed by the Village of Yorkville Board of Trustees is authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code, Chapter 135, Zoning, or this chapter so designated by Village of Yorkville local law.[1]
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, Chapter 135, Zoning, 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 section shall be recoverable in an action instituted in the name of this Village.
D.
Injunctive relief. An action or proceeding may be instituted in the name of this Village, 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, Chapter 135, Zoning, or this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating order, 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, Chapter 135, Zoning, or this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code, Chapter 135, Zoning, or this chapter, an action or proceeding may be commenced in the name of this Village, 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 Mayor of this Village.
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 § 46-6 (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 § 46-6 (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 Board
of Trustees, Village of Yorkville. 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
application, the issuance of building permits, amended building permits,
renewed building permits, certificates of occupancy and/or certificates
of compliance, temporary certificates, operating permits, firesafety
and property maintenance inspections, and other action of the Enforcement
Officer and Inspectors described in or contemplated by this chapter.
[1]
Editor's Note: The fee schedule is on file in the Village
offices.
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.
