[HISTORY: Adopted by the Board of Trustees
of the Village of Pittsford 12-12-2006 by L.L. No. 9-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous or unsafe buildings — See Ch. 80.
Open burning — See Ch. 83.
Electrical standards — See Ch. 90.
Zoning — See Ch. 210.
[1]
Editor's Note: This local law also superseded
former Ch. 105, Fire Prevention and Building Construction Administration,
adopted 3-14-1989 as Ch. 71 of the 1989 Code, as amended.
[Amended 1-11-2022 by L.L. No. 1-2022]
This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code), State Energy Conservation Construction
Code (the Energy Code), and the NYStretch Energy Code 2020 (NYStretch)
in the Village of Pittsford. 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.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 105-4 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 § 105-7B of this chapter.
The Code Enforcement Officer, Building Inspector, or Fire Marshal appointed pursuant to § 105-3B of this chapter.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 105-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 105-3D of this chapter.
The NYStretch Energy Code 2020.
[Added 1-11-2022 by L.L. No. 1-2022]
A permit issued pursuant to § 105-10 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 § 105-6 of this chapter.
A certificate issued pursuant to § 105-7D 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 Pittsford.
A.
The office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code, NYStretch, and this
chapter. The Code Enforcement Officer shall have the following powers
and duties:
[Amended 1-11-2022 by L.L. No. 1-2022]
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy or certificates of
compliance, 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 or certificates of compliance,
temporary certificates and operating permits, and to include in building
permits, certificates of occupancy or certificates of compliance,
temporary certificates and operating permits such terms and conditions
as the Code Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy or certificates
of compliance, temporary certificates and operating permits, firesafety
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 of
this Village;
(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, NYStretch, and this chapter, or
to abate or correct conditions not in compliance with the Uniform
Code, the Energy Code, NYStretch, or this chapter; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by
the Board of Trustees. The Code Enforcement Officer shall possess
background experience related to building construction or fire prevention
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 code enforcement personnel,
and the Code Enforcement Officer shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by the Board of Trustees to serve as Acting Code Enforcement Officer.
The Acting Code Enforcement Officer shall, during the term of his
or her appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by the Board
of Trustees to act under the supervision and direction of the Code
Enforcement Officer and to assist the Code Enforcement Officer in
the exercise of the powers and fulfillment of the duties conferred
upon the Code 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 code enforcement personnel,
and each inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
A.
Building permits required. A building permit shall
be required for any work which must conform to the Uniform Code, the
Energy Code and/or NYStretch, including but not limited to the occupancy,
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 or gas-fired 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 Code Enforcement Officer.
[Amended 1-11-2022 by L.L. No. 1-2022]
B.
Exemption not deemed authorization to perform noncompliant
work. Any work for which a building permit is not required shall not
be performed in violation of the Uniform Code, the Energy Code or
NYStretch.
[Amended 1-11-2022 by L.L. No. 1-2022]
C.
Applications for building permits. Applications for
a building permit shall be made in writing on a form provided by or
otherwise acceptable to the Code Enforcement Officer. The application
shall be signed by the owner of the property where the work is to
be performed or by an authorized agent of the owner. The application
shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code, the Energy Code and NYStretch. The application shall
include or be accompanied by the following information and documentation:
[Amended 4-9-2013 by L.L. No. 1-2013; 7-22-2014 by L.L. No.
10-2014; 1-11-2022 by L.L. No. 1-2022]
(1)
A description of the proposed work;
(2)
The Tax Map number and 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; and
(5)
Certificates of insurance.
(a)
Said certificates shall provide:
[1]
Proof duly subscribed that workers' compensation insurance and disability
benefits coverage issued by an insurance carrier in a form satisfactory
to the Chair of the Workers' Compensation Board as provided for in
§ 57 of the Workers' Compensation Law is effective; or
[2]
An affidavit that such permit application has not engaged an employer
or any employees, as those terms are defined in § 2 of the
Workers' Compensation Law, to perform work relating to such building
permit;
[3]
A copy of a certificate of liability insurance naming the Village
of Pittsford as an "additional insured on a primary and noncontributory
basis." (These words must be included on the certificate.) It must
reflect a $1,000,000 single limit of liability for bodily injury and
property damage;
[4]
When an owner who occupies the premises where a building permit is
required to execute the specific work detailed in the building permit,
said owner shall complete the "Affidavit of Exemption to Show Specific
Proof of Workers' Compensation Insurance Coverage for a 1, 2, 3 or
4 Family, Owner-occupied Residence." This affidavit will be notarized
and the owner-occupant will produce the documents required therein.
(b)
These certificates must be current and on file in the office of the
Village Clerk prior to construction.
(6)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code, the Energy Code and NYStretch; and
(e)
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.
D.
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
Code Enforcement Officer in writing or by stamp. One set of the accepted
construction documents shall be retained by the Code Enforcement Officer,
and 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 Code 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.
E.
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, the Energy Code and NYStretch. The Code Enforcement Officer
shall issue a building permit if the proposed work is in compliance
with the applicable requirements of the Uniform Code, Energy Code
and NYStretch.
[Amended 1-11-2022 by L.L. No. 1-2022]
F.
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.
G.
Work to be performed 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 Code Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code 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.
H.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months following
the date of issuance. A building permit which has become invalid or
which has expired pursuant to this subsection may be renewed upon
application by the permit holder, payment of the applicable fee, and
approval of the application by the Code Enforcement Officer.
I.
Revocation or suspension of building permits. If the
Code 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, the Energy Code or NYStretch, the Code 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 Uniform Code,
the Energy Code and NYStretch and all work then proposed to be performed
shall be in compliance with all applicable provisions of Uniform Code,
the Energy Code and NYStretch.
[Amended 1-11-2022 by L.L. No. 1-2022]
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section 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;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A 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, the Energy Code or NYStretch. Work not
in compliance with any applicable provision of the Uniform Code, the
Energy Code or NYStretch shall remain exposed until such work shall
have been brought into compliance with all applicable provisions of
the Uniform Code, the Energy Code and NYStretch, reinspected, and
found satisfactory as completed.
[Amended 1-11-2022 by L.L. No. 1-2022]
A.
Authority to issue. The Code Enforcement Officer is
authorized to issue stop-work orders pursuant to this section. The
Code Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code, the Energy Code or NYStretch, 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; or
[Amended 1-11-2022 by L.L. No. 1-2022]
(2)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Code 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 been issued for such work; or
(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.
B.
Content of stop-work orders. Stop-work orders shall
be in writing, be dated and signed by the Code Enforcement Officer,
state the reason or reasons for issuance, and if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Code 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 Code 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 sentence 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 Subsection A of 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 § 105-15, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other 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 or certificates of compliance
required. A certificate of occupancy or certificate of compliance
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 or
certificate of compliance.
B.
Issuance of certificates of occupancy or certificates
of compliance. The Code Enforcement Officer shall issue a certificate
of occupancy or certificate of compliance if the work which was the
subject of the building permit was completed in accordance with all
applicable provisions of the Uniform Code, the Energy Code and NYStretch
and, if applicable, the structure, building or portion thereof that
was converted from one use or occupancy classification or subclassification
to another complies with all applicable provisions of the Uniform
Code, the Energy Code and NYStretch. 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 or certificate of compliance. 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 or certificate
of compliance, shall be provided to the Code Enforcement Officer prior
to the issuance of the certificate of occupancy or certificate of
compliance:
[Amended 1-11-2022 by L.L. No. 1-2022]
C.
Contents of certificates of occupancy or certificates
of compliance. A certificate of occupancy or certificate of compliance
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)
If the certificate of occupancy or certificate of
compliance is not applicable to an entire structure, a description
of that portion of the structure for which the certificate of occupancy
or certificate of compliance 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; and
(10)
The signature of the Code Enforcement Officer issuing
the certificate of occupancy or certificate of compliance 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 Code 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, the Energy Code and NYStretch.
[Amended 1-11-2022 by L.L. No. 1-2022]
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy or
certificate of compliance 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 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 procedures established by Chapter 80 of the Code of the Village of Pittsford, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Table 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
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.
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 Code 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 of this section 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
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Code Enforcement Officer to be consistent with local conditions.
The effective period of each operating permit shall be specified in
the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
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
Code Enforcement Officer or an inspector designated by the Code Enforcement
Officer 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 of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code, the Energy Code or NYStretch exist; or 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, the Energy Code or NYStretch exist; provided, however, that nothing in this subsection 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.
[Amended 1-11-2022 by L.L. No. 1-2022]
C.
OFPC 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.
[Amended 1-11-2022 by L.L. No. 1-2022]
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, NYStretch, this chapter, or any other local law or regulation
adopted for administration and enforcement of the Uniform Code, the
Energy Code or NYStretch. 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 § 105-15, 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.
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
Code Enforcement personnel, 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 or
certificates of compliance, 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 §§ 105-4 through 12, inclusive, of this chapter; and
(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 annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 105-13, Recordkeeping, of this chapter and a 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 this Village
in connection with administration and enforcement of the Uniform Code.
A.
Compliance orders. 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, NYStretch,
or this chapter. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
The compliance order shall be in writing; be dated and signed by the
Code Enforcement Officer; specify the condition or activity that violates
the Uniform Code, the Energy Code, NYStretch, or this chapter; specify
the provision or provisions of the Uniform Code, the Energy Code,
NYStretch, or this chapter which is/are violated by the specified
condition or activity; specify the period of time which the Code Enforcement
Officer deems to be reasonably necessary for achieving compliance;
direct that compliance be achieved within the specified period of
time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time. The Code Enforcement Officer shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally or by certified mail. The Code Enforcement Officer
shall be permitted, but not required, to cause the compliance 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 being performed
at the affected property personally or by certified mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
[Amended 1-11-2022 by L.L. No. 1-2022]
B.
Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code, as provided by Chapter 5 of the Code of the Village of Pittsford.
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, NYStretch, the Pittsford Village Code or this
chapter, or any term or condition of any building permit, certificate
of occupancy or certificate of compliance, temporary certificate,
stop-work order, or operating permit or fails to comply with any notice,
directive or order issued by the Code Enforcement Officer pursuant
to any provision of the Village Code or this chapter, shall be liable
to a civil penalty of not more than $300 in total for any specific
violation. The civil penalties provided by this subsection shall be
recoverable in an action instituted in the name of this Village.
[Amended 2-25-2014 by L.L. No. 4-2014; 1-11-2022 by L.L. No. 1-2022]
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,
NYStretch, or this chapter, or any term or condition of any building
permit, certificate of occupancy or certificate of compliance, temporary
certificate, stop-work order, operating permit, 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,
NYStretch, or this chapter, or any stop-work order, compliance order
or other order obtained under the Uniform Code, the Energy Code, NYStretch,
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
Board of Trustees of this Village.
[Amended 1-11-2022 by L.L. No. 1-2022]
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 § 105-6, 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 § 105-6, 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 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 or certificates
of compliance, temporary certificates, operating permits, firesafety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this chapter.
[Amended 1-11-2022 by L.L. No. 1-2022]
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, NYStretch, Part
1203 of Title 19 of the NYCRR, or any other applicable law.