[HISTORY: Adopted by the Town Board of the
Town of Wheatfield 10-16-2006 by L.L. No. 7-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 69, Building Construction and Fire Prevention, adopted
3-17-1986 by L.L. No. 1-1986.
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 Town of Wheatfield. 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 § 69-4 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 § 69-7B of this chapter.
The Code Enforcement Officer or the Building Inspector appointed pursuant to § 69-3B of this chapter.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 69-15A 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 § 69-4D of this chapter.
A permit issued pursuant to § 69-10 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.
Include 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 § 69-6 of this chapter.
A certificate issued pursuant to § 69-7D of this chapter.
The Town of Wheatfield.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer[1] shall administer and enforce all the provisions of the
Uniform Code, the Energy Code and this chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy/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/certificates of compliance, temporary
certificates and operating permits, and to include in building permits,
certificates of occupancy/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/certificates
of compliance, temporary certificates and operating permits, fire
safety 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 Wheatfield Town Board
or as otherwise regulated by law;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
[1]
Editor's Note: The titles “Code Enforcement
Officer” and “Building Inspector” should be used
interchangeably in this chapter.
B.
The Code Enforcement Officer shall be appointed by
the Town Board. 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 Town Board 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 Town
Board 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.
E.
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Town Board
of the Town of Wheatfield.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, 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 Code 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 associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 80 square feet.
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings (townhouses)
where such pools are designed for a water depth of less than 24 inches
and are installed entirely above ground;
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5)
Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(10)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(11)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(12)
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.
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 or the Energy Code.
D.
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 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 and the Energy Code. The application shall include
or be accompanied by the following information and documentation:
(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)
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 and the Energy Code; 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.
(6)
A survey.
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 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.
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 and Energy Code. The Code Enforcement Officer shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code.
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 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.
I.
Time limits. Building permits shall become invalid
unless the authorized work is commenced within 12 months following
the date of issuance. Building permits shall expire 12 months after
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.
J.
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 or the Energy Code, the Code Enforcement Officer shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that:
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 elements of
the construction process included below, but not limited to, shall
be inspected, where applicable. (The elements necessary for inspection
shall be determined by the Building Inspector.)
(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 or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
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 or Energy Code, 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 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.
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 registered
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
registered 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 § 69-15, Violations; penalties for offenses, of this chapter or under any other applicable chapter 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.
F.
It shall be unlawful for any person to remove, alter, obscure, deface,
change or otherwise tamper with any portion of a stop-work order that
has been posted by the Town. The property owner and/or permit holder
shall be strictly liable for a violation of this section. In addition
to any other penalty provided for herein, the permit may be revoked
by the Code Enforcement Officer.
[Added 3-20-2023 by L.L. No. 1-2023]
A.
Certificates of occupancy/certificates of compliance
required. A certificate of occupancy/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/certificate
of compliance.
B.
Issuance of certificates of occupancy/certificates
of compliance. The Code Enforcement Officer shall issue a certificate
of occupancy/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 and Energy Code and, if applicable,
that 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 and Energy
Code. 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/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/certificate of compliance, shall be provided
to the Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates
of compliance. A certificate of occupancy/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/Certificate of Compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the Certificate of Occupancy/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/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: (1) that
the building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely; (2) that any fire- and smoke-detecting
or fire-protection equipment which has been installed is operational;
and (3) 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 and the Energy Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy/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 Town of Wheatfield 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 Town
of Wheatfield shall be identified and addressed in accordance with
the procedures established by Local Law No. 2 of 1982, as now in effect
or as hereafter amended from time to time.[1]
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,
flammable, combustible materials and/or liquids in quantities exceeding
those listed in Tables 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 by-product, 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 Wheatfield Town Board.
(f)
Use of building or assembly spaces for other
than the original intended use, however temporary, may require an
operating permit as required by the Code Enforcement Officer.
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
remain in effect until reissued, renewed, revoked, suspended or the
event or operation ceases.
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.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 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:
(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 or Energy Code exist; or
(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 or Energy Code
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.
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.
The Code Enforcement Officer shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other local law, ordinance or regulation
adopted for administration and enforcement of the Uniform Code or
the Energy Code. The process for responding to a complaint shall include
such of the following steps, as the Code Enforcement Officer may deem
to be appropriate:
A.
Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 69-15, Violations; 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/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;
(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 Town Board of this Town of Wheatfield a written report and summary of all business conducted by the Code Enforcement Officer/Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 69-13, 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 Town of Wheatfield, on
a form prescribed by the Secretary of State, a report of the activities
of this Town of Wheatfield 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 Town
of Wheatfield is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
this Town of Wheatfield in connection with administration and enforcement
of the Uniform Code.
[Amended 3-20-2023 by L.L. No. 1-2023]
The Town Board intends to exercise its authority under § 10,
Subdivision 1(i) and (ii)a(6), a(11) and a(12); § 10, Subdivision
1(ii)d(3); and § 10, Subdivision 4(b), of the Municipal
Home Rule Law; § 268, Subdivision 1, of the Town Law and
any other applicable provision of law now or hereinafter enacted,
to supersede and/or expand upon the applicable provisions of § 268,
Subdivision 1 of the Town Law, and any other applicable or successor
law pertaining to the enforcement of local laws and ordinances in
order to impose a penalty and fine structure that best reflects the
needs of the community.
A.
Any person or business entity who commits or permits any acts in
violation of a provision of this chapter or other applicable provision
of the state code shall be deemed to have committed an offense and
shall, upon conviction thereof, be subject to a fine or penalty of
not less than $250 and not more than $5,000 for a conviction of a
first offense; upon the conviction of a second offense, where the
offense occurred within two years of the commission of the first offense,
a fine or penalty of not less than $1,000 and not more than $10,000;
and a conviction of a third or subsequent offense, where the offense
occurred within five years of the commission of the first offense,
shall be deemed a misdemeanor punishable by a fine or penalty of not
less than $1,500 and not more than $15,000 or by imprisonment not
exceeding six months, or by both such fine and imprisonment. Each
day or part thereof such violation continues or is permitted to exist
shall constitute a separate offense punishable in like manner. Written
notice of a violation is not a prerequisite for the imposition of
such fine, penalty and/or punishment unless the subject of the prosecution
is the noncompliance with such notice.
B.
Violation of § 69-4A or G or § 69-7B or D. Notwithstanding the provisions of § 69-15A, any person or business entity who is the owner or is in charge of property where a violation of § 69-4A or G or § 69-7B or D has been committed or exists or who commits an offense against the provisions of § 69-4A or G or § 69-7B or D or has control of the property and permits such offense to exist shall, upon conviction, be guilty of an offense, punishable by a fine or penalty of not less than $250 nor more than $5,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment upon a conviction of a first offense; upon a conviction of a second offense within a period of five years of the first conviction, a fine of not less than $1,000 nor more than $10,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense within a period of five years of the first and second conviction, a fine of not less than $1,500 nor more than $15,000 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. Each day, or part thereof, such violation continues following notification by the Town or service of a summons shall constitute a separate offense, punishable in like manner.
C.
Violation of § 69-6F. Notwithstanding the provisions of § 69-15A, any person or business entity who is the owner or is in charge of property where a violation of § 69-6F has been committed or exists or who commits an offense against the provisions of § 69-6F or has control of the property and permits such offense to exist shall be guilty of a misdemeanor, punishable by a fine or penalty of not less than $500 nor more than $5,000 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment upon a conviction of a first offense; upon a conviction of a second offense, within a period of five years of the first conviction, a fine of not less than $1,000 nor more than $10,000 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense, within a period of five years of the first and second conviction, a fine of not less than $3,000 nor more than $15,000 or by imprisonment not exceeding 180 days, or by both such fine and imprisonment. Each day, or part thereof, such violation continues following notification by the Town or service of a summons shall constitute a separate offense, punishable in like manner.
D.
The occurrence of personal injury. Notwithstanding any other provision of § 69-15 to the contrary, any person or business entity who owns or is in possession and/or control of a building or structure and knowingly permits or allows the building or structure to be occupied or utilized for any purpose without a valid building permit, certificate of permitted use, certificate of occupancy or other necessary Town approval having been issued shall be guilty of a misdemeanor in the event an occupant or any person suffers bodily injury or death in connection with such use and/or occupancy and, upon conviction thereof, shall be liable for a fine or penalty of not less than $2,000 and not more than $10,000 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment, and each day or part thereof such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner. Written notice of a violation is not a prerequisite for the imposition of such fine, penalty and/or punishment.
E.
In addition to the criminal penalties set forth herein or in other
applicable laws, rules or regulations, the Town Attorney is authorized
to pursue civil and equitable relief, including but not limited to
compensatory actions; civil penalties of not more than $200 per day
or any part thereof; an action to compel compliance with or to restrain
by injunction the violation of this chapter; and other remedies which
in the opinion of the Town Attorney may seem necessary and proper.
Such civil and equitable relief may be sought in a court of competent
jurisdiction or from a duly appointed hearing officer whenever permitted
by law. Any civil monetary penalty awarded may be added to the tax
bill of the property where the violation has occurred and shall be
collected in the same manner.
F.
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, 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:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
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 compliance order, or
a copy thereof, to be served on the owner of the affected property
personally or by certified/registered 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 registered mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
G.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
H.
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 § 69-6, 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 § 69-6, 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.
I.
No oversight or dereliction of duty on the part of the Town shall
serve to legalize the maintenance, erection, construction, alteration,
modification, razing, or removal of a building or structure, or the
use and/or occupancy of any property, building or structure which
does not conform to the provisions of this chapter or other applicable
local, state and/or federal law, rule, ordinance or regulation.
J.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code 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 subsection shall be recoverable
in an action instituted in the name of this Town of Wheatfield.
K.
Injunctive relief. An action or proceeding may be instituted in the
name of this Town of Wheatfield, 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,
this chapter, or any term or condition of any building permit, certificate
of occupancy/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, this chapter,
or any stop-work order, compliance order or other order obtained under
the Uniform Code, the Energy Code or this chapter, an action or proceeding
may be commenced in the name of this Town of Wheatfield, 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 Town Board of this
Town of Wheatfield.
A.
A fee schedule
shall be established by resolution of the Town Board of this Town
of Wheatfield. 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, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
B.
Any inspection
or permit fee, fine or cost of service performed by the Town of Wheatfield
for any property within the Town of Wheatfield, after 30 days' written
notice is sent, that is not paid by September 30 of each calendar
year shall be charged and levied to the property tax bill for the
property for the next year.
[Added 11-4-2013 by L.L. No. 7-2013]
The Town Board of this Town of Wheatfield may,
by resolution, authorize the Supervisor of this Town of Wheatfield
to enter into an agreement, in the name of this Town of Wheatfield,
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.