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 this Village. 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 this chapter.
In this chapter, the following terms shall have the meanings
indicated:
BUILDING PERMIT
A permit issued pursuant to §
81-4 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 §
81-10 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
All buildings or structures which are structurally unsafe,
unsanitary or not provided with adequate egress or which constitute
a fire hazard, or are otherwise dangerous to human life, or which,
in relation to existing use, constitute a hazard to safety or health
by reason of inadequate maintenance, dilapidation, obsolescence or
abandonment. All such "unsafe buildings" are declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedures of this chapter.
The chief of any fire department providing firefighting 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. The Code Enforcement Officer shall examine, or cause to be examined,
every building reported as unsafe or damaged and shall make a written
record of such examination.
B. Service of notice; contents.
(1) Whenever
the Code Enforcement Officer shall find any building or structure
or portion thereof to be an unsafe building or collapsed structure
as defined in this section, he shall serve, or cause to be served,
written notice on the owner or some one of the owner's executors,
legal representatives, agents, lessees or any other person having
a vested or contingent interest in the subject property. Such notice
shall be served personally or by certified mail, addressed to the
last known address, if any, of the owner or some one of the owner's
executors, legal representatives, agents, lessees or other person
having a vested or contingent interest in the same, as shown by the
records of the Receiver of Taxes and/or in the office of the County
Clerk. In the event that the aforesaid notice is served by certified
mail, a copy of such shall be posted on the subject premises within
10 days from the date of such service.
(2) The
notice shall contain:
(a) A
description of the subject premises.
(b) A
statement of the particulars in which the building is unsafe or dangerous.
(c) An
order requiring the building or structure to be made safe and secure
or demolished and removed.
(d) A
statement that the securing or removal of such building or structure
shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter, unless for good cause shown
such time shall be extended.
(e) A
date, time and place for a hearing before the Board of Trustees in
relation to such dangerous or unsafe building or structure, which
hearing shall be scheduled not less than five business days from the
date of service of the notice.
(f) A
statement that in the event of neglect or refusal to comply with the
order to secure or demolish and remove the building or structure,
the Board of Trustees is authorized to provide for its demolition
and removal and to assess all expenses thereof against the land on
which it is located.
C. If the Code Enforcement Officer finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the specified repairs and
improvements are completed, inspected and approved by the Code Enforcement
Officer. The Code Enforcement Officer shall cause to be posted at
each entrance to such building a notice: "This building unsafe, and
its use or occupancy has been prohibited by the Code Enforcement Officer."
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any person, firm
or corporation, or their agents or other servants, to remove such
notice without written permission of the Code Enforcement Officer
or for any person to enter the building except for the purpose of
making the required repairs or of demolishing same.
D. In case the owner, agent or person in control cannot be found within
the stated time limit, or if such owner, agent or person in control
shall fail, neglect or refuse to comply with notice to repair and
rehabilitate or to demolish and remove said building or structure,
or portion thereof, the Board of Trustees of the Village of Celoron
shall be advised of all the facts in the case and shall institute
an appropriate action in the courts to compel compliance.
E. In cases of emergency which, in the opinion of the Code Enforcement
Officer, involve imminent danger to human life or health, he/she may
at once enter such structure with such assistance and at such cost
as may be necessary. He/she may vacate adjacent structures and protect
the public by appropriate barricades or such other means as may be
necessary and, for this purpose, may close a public or private way.
F. All costs
and expenses incurred by the Village in connection with the proceedings
to repair and secure or demolish and remove said building or structure,
including the cost of actually removing said building or structure,
shall be paid out of the general Village fund and shall be taxed and
assessed against the land on which said building or structure is located
by adding the same to the tax roll as an assessment or by levying
a special tax against such land or by recovering the same in a suit
at law against the owner.
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 §
81-15, 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 as set forth in §
98-1 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/certificates of compliance, 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.