§ 56-31Application.
§ 56-32Definitions.
§ 56-33Requirements.
§ 56-34Identifying emblem.
§ 56-35Enforcement.
§ 56-36Penalties for offenses.
§ 56-37Correction of violation by village.
§ 56-38No special duty.
§ 56-39Severability.
The provisions of this article shall apply to all buildings or structures of truss and/or lightweight construction, as determined by the Building Inspector, and to the owner and occupant of all such buildings or structures, except as follows:
Detached one-family and two-family residential buildings with truss or lightweight construction that are not part of a planned real estate development or subdivision shall be exempt from the requirements of this article.
The requirement to affix the identifying emblem to each building shall not apply to residential buildings with truss or lightweight construction that are part of a planned real estate development or subdivision if an identifying emblem is affixed at each entrance to the development or subdivision and can be readily seen by all emergency and enforcement personnel. This identifying emblem at development or subdivision entrances, if determined necessary by the Building Inspector, will be affixed by the village.
Any building used in whole or in part for nonresidential purposes shall not be exempt from the requirements of this article.
As used in this article, the following terms shall have the meanings indicated:
- BUILDING
- A structure wholly or partially enclosed within exterior walls or within exterior and party walls, and a roof, affording shelter to persons, animals or property.
- BUILDING INSPECTOR
- The duly appointed Building Inspector of the Village of Washingtonville, his deputy or designee, or other enforcement officer appointed by the Board of Trustees.
- OWNER/OCCUPANT
- Any natural person or individual, or any firm, partnership, association, limited partnership, sole proprietorship, corporation or any other business entity or any government agency or entity.
- STRUCTURE
- An assembly of materials, forming a construction made of component structural parts for occupancy or use, including buildings.
- TRUSS AND LIGHTWEIGHT CONSTRUCTION
- Structural components assembled from wood members, metal connector plates or other metal fasteners; wooden I-beams; or any single-plane framework of individual structural members, made of wood or steel, connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on its own.
Unless exempted by § 56-31, the owner and occupant of a building of truss or lightweight construction is required to permanently affix an identifying emblem, in a design prescribed by the village, to the front of the building. The emblem shall be permanently affixed to the left of the main entrance door at a height between four and six feet above the ground and shall be affixed and maintained by the owner and/or occupant of the building. The identifying emblem will be supplied by the village at no charge to the owner or occupant.
The Building Inspector is authorized to inspect and identify any building to determine whether the building contains truss or lightweight construction and to require the owner and occupant of such building to permanently affix the identifying emblem to the front of the building. The Building Inspector shall provide written notice of said requirement to the owner and/or occupant. The owner and/or occupant shall be required to properly affix the identifying emblem within 15 days after the mailing date of such written notice.
If the identifying emblem is damaged, defaced or removed for any reason, then the owner or occupant shall promptly obtain a replacement emblem from the village and shall affix said replacement emblem in the manner prescribed herein. In addition, the owner and/or occupant is required to properly affix the replacement emblem within 10 days after receipt of written notice from the Building Inspector. The owner or occupant shall pay to the village the cost of said replacement emblem. The cost of a replacement identifying emblem, if unpaid, shall be a lien on the real property and shall be assessed against such property, together with 9% interest per annum, and shall be levied and collected in the same manner as a real property tax. The Board of Trustees may waive the charge for a replacement emblem for buildings owned and used by not-for-profit corporations or other charitable organizations.
The identifying emblem required to be affixed to a building will be of a bright and reflective color or made of reflective material. The shape of the emblem will be an isosceles triangle, and the size will be approximately 12 inches by six inches. The following letters, of a size and color to make them conspicuous, will be printed on the emblem:
The provisions of this section may be amended from time to time by resolution of the Board of Trustees.
This article shall be enforced by the Building Inspector and any other officer authorized by resolution of the Board of Trustees. All enforcement officers are authorized to issue violation notices and appearance tickets.
Any person convicted of a violation of any provision of this article, for a first conviction thereof, shall be guilty of a violation and shall be subject to a fine not to exceed $100 plus an additional $25 for each day the violation continues, or a maximum of 15 days' imprisonment, or both such fine and imprisonment; for a second and each subsequent such conviction within one year thereafter, such person shall be subject to a fine not to exceed $250 plus an additional $50 for each day the violation continues, or a maximum of 15 days' imprisonment, or both.
Compliance with this article is required in the interest of the public safety, health and welfare. Notwithstanding any other provision herein, if a property owner fails to correct a violation after written notice, the village and its agents shall have the right to enter upon the property and perform the work necessary to correct the violation. The property owner shall be responsible and liable for all costs incurred by the village in connection therewith. The village shall bill the property owner for said costs by mailing the bill to the owner's last known address as shown on the real property tax records of the village. If the property owner does not pay said costs within 30 days after the mailing date of the bill, then the amount of said costs shall be a lien on the owner's real property and shall be assessed against such property, together with 9% per annum, and shall be levied and collected in the same manner as a real property tax.
This article is intended to help protect the general welfare of the Village of Washingtonville. Accordingly, this article, and any act or omission pursuant thereto, does not create, and shall not be construed to create, any special duty or obligation of the village, its officers, employees or agents to any person.
If any word, phrase, part or provision of this article shall be declared invalid by a court of competent jurisdiction, the same shall be severed and separated from the remainder of this article, and said remainder shall continue in full force and effect.
