[HISTORY: Adopted by the Town Board of the
Town of New Hartford 5-6-2009 by L.L. No. 7-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings - See Ch. 52.
Electrical standards - See Ch. 59.
Flood damage prevention - See Ch. 67.
Subdivision of land - See Ch. 104.
Zoning - See Ch. 118.
[1]
Editor's Note: This chapter superseded former
Ch. 65, Fire Prevention and Building Code Administration and Enforcement,
adopted 4-8-2009 by L.L. No. 5-2009.
A.
Every city, village, town, and county charged under
Subdivision 2 of § 381 of the Executive Law with administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the "Uniform Code") shall provide for such administration
and enforcement of the code by local law, ordinance, or other appropriate
regulation.
B.
This chapter provides for the administration and enforcement
of the Uniform Code, the Code of the Town of New Hartford, and the
State Energy Conservation Construction Code (the Energy Code) in this
Town. 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, in addition to the definitions
set forth in the Uniform Code and the Code of the Town of New Hartford,
the Town further adopts the following definitions:
A permit issued pursuant to § 65-4 of this chapter. The term "building and/or site grading permit" shall also include a building and/or site grading permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 65-7B of this chapter.
Any area within a building that the public or tenants have
access to or an area that accommodates electrical service equipment,
furnaces, boilers or a common storage area.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An order issued in the form of a letter by the Code Enforcement Officer pursuant to § 65-17A of this chapter.
A permit issued pursuant to § 65-12 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 and/or site grading permit
has been issued.
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.
An order issued by the Code Enforcement Officer pursuant to § 65-6 of this chapter.
A certificate issued pursuant to § 65-7I of this chapter.
The Town of New Hartford.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The Code Enforcement Officer shall be appointed in
accordance with the New York State Civil Service Law and the personnel
policies of the Town of New Hartford.
B.
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.
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Town Board
of this Town.
E.
The Code Enforcement Officer shall administer and
enforce all the provisions of the Uniform Code and the Energy Code
and the Code of the Town of New Hartford, including this chapter.
The Code Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building and/or site grading permits, certificates of occupancy
and 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
and/or site grading permits, certificates of occupancy, certificates
of compliance, temporary certificates and operating permits, and to
include in building and/or site grading 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 including, but not limited to, the posting of a
bond, letter of credit, or certified check in a reasonable amount
as determined by the Code Enforcement Officer;
(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, 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 Town Board of this Town;
(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 the Code of the Town of New
Hartford, including this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, the Code
of the Town of New Hartford or this chapter; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
A.
Building and/or site grading permits required. Except as otherwise provided in Subsection B of this section, a building and/or site grading permit shall be required for any work which must conform to the Uniform Code, the Energy Code and/or the Code of the Town of New Hartford, 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. Additionally, a building and/or site grading permit is required for installation of all fences, installation of retaining walls exceeding five feet in height, excavation, grading and clearing for any building or use. No person shall commence any work for which a building/site grading permit is required without first having obtained a building/site grading permit from the Code Enforcement Officer.
B.
The Officer shall act upon all applications for building/site
grading permits within 30 days. Notice of refusal to issue any permit
shall be given to the applicant or to his or her authorized representative
in writing and shall state the reasons for such refusal.
C.
The Officer may issue temporary permits for structures
incidental to a building permit. Such permits shall expire after one
year.
D.
At the discretion of the Officer or the Officer's
designee, the permittee shall be required to have on the lot a receptacle
of one cubic yard minimum size to provide temporary (in excess of
24 hours) storage of construction and demolition debris, except tree
and brush stumps. The receptacle shall be provided with a tarp or
other cover. The receptacle must be removed from the lot, as well
as all trees, brush, stumps and other debris within 60 days of completion
of construction.
E.
The applicant for any building/site grading permit(s)
shall, if required by the Code Enforcement Officer, submit a plot
plan showing sufficient data on proposed site grading, final proposed
ground elevations and the discharge location of any proposed sump
pump, all of which shall be approved by the Town Engineer prior to
the issuance of any such permit(s).
F.
Exceptions. No building/site grading permit shall
be required for work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(2)
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;
(3)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(4)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(5)
Installation of partitions or movable cases less than
five feet nine inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(7)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(8)
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
(9)
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.
G.
Exception 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 F of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code or Code of the Town of New Hartford.
H.
Applications for building/site grading permits. Applications
for a building/site grading 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 allow a determination by the Code Enforcement
Officer that the intended work complies with all applicable requirements
of the Uniform Code, the Energy Code and the Code of the Town of New
Hartford. 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, the Energy Code and the Code of the Town of
New Hartford; and
(e)
Where applicable, provide a licensed survey
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)
All site grading permits must be approved by the Town
Engineer prior to the Code Enforcement Officer issuing said permit.
I.
Construction documents. Construction documents will not be accepted as part of an application for a building and/or site grading permit unless they satisfy the requirements set forth in Subsection H(5) and (6) of this section. Construction documents which are accepted as part of the application for a building and/or site grading 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 Officer. 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 and/or site grading permit will be issued. Work shall not be commenced until and unless a building and/or site grading permit is issued.
J.
Issuance of building/site grading permits. An application
for a building and/or site grading permit shall be examined to ascertain
whether the proposed work is in compliance with the applicable requirements
of the Uniform Code, Energy Code and the Code of the Town of New Hartford.
The Code Enforcement Officer shall issue a building/site grading permit
if the proposed work is in compliance with the applicable requirements
of the Uniform Code, Energy Code and the Code of the Town of New Hartford.
K.
Building/site grading permits to be displayed. building/site
grading permits shall be visibly displayed at the work site and shall
remain visible until the authorized work has been completed.
L.
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/site grading permit. The building/site grading 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 and/or site grading permit shall
contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building/site grading permit,
such change shall not be made until and unless a new or amended building/site
grading permit reflecting such change is issued.
M.
Time limits. building/site grading permits shall expire
12 months after the date of issuance. A building and/or site grading
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. The renewal rate shall be 25% of the original
building permit cost and only one renewal is allowed.
N.
Demolition permits. Demolition permits are required
whenever work is to be undertaken to dismantle any portion of any
building, and shall be performed in conformance with all applicable
local, state and federal laws. Demolition permits shall expire 30
days from the date of issuance and only four permits shall be issued
per calendar year per structure.
O.
Work hours. Any work being performed within the Town
of New Hartford shall not commence earlier than 7:00 a.m. and continue
later than 7:00 p.m., except work wholly contained within the structure.
P.
Revocation or suspension of building/site grading
permits. If the Code Enforcement Officer, Town Engineer and/or Town
Planner determines that a building/site grading permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building/site grading permit was issued
violates the Uniform Code, the Energy Code or the Code of the Town
of New Hartford, the Code Enforcement Officer shall revoke the building
and/or site grading permit or suspend the building/site grading permit
until such time as the permit holder demonstrates that:
(1)
All work then completed is in compliance with all
applicable provisions of the Uniform Code, the Energy Code and the
Code of the Town of New Hartford; and
(2)
All work then proposed to be performed shall be in
compliance with all applicable provisions of the Uniform Code, the
Energy Code and the Code of the Town of New Hartford.
Q.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 65-18, Fees, of this chapter must be paid at the time of submission of an application for a building and/or site grading permit, for an amended building and/or site grading permit, or for renewal of a building and/or site grading permit.
R.
Required information; liability policy. The plans
and specifications or statements shall be accompanied with the full
name and address of the owner or owners of record of the structure.
For the purpose of this code, any person, firm or corporation holding
the fee title to real property, or his or their duly authorized agent
or attorney or the guardian, conservator or trustee, shall be regarded
as the owner. Unless otherwise expressly waived in writing by the
Code Enforcement Officer, the owner or contractor shall be required
to have a liability policy in an amount determined by the Code Enforcement
Officer for comprehensive general liability coverage with a per-location
and per-project endorsement which names the Town as an additional
insured or co-insured during the period of time the permit is in use,
or until the permit expires or is revoked by the Code Enforcement
Officer. The Code Enforcement Officer shall promulgate an official
Codes Department policy detailing potentially dangerous or hazardous
conditions and/or materials which will also require insurance pursuant
to this section.
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 and/or
site grading permit;
(2)
Footings 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 and/or site grading permit has been completed.
C.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code, Energy Code or Code of the Town of New
Hartford. Work not in compliance with any applicable provision of
the Uniform Code, Energy Code or Code of the Town of New Hartford
shall remain exposed until such work shall have been brought into
compliance with all applicable provisions of the Uniform Code, the
Energy Code, and the Code of the Town of New Hartford, 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 cease and
desist:
(1)
Any work that is determined by the Code Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code, Energy Code or Code of the Town of New Hartford, without regard
to whether such work is or is not work for which a building and/or
site grading permit is required, and without regard to whether a building
and/or site grading permit has or has not been issued for such work;
or
(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
and/or site grading permit is required, and without regard to whether
a building and/or site grading permit has or has not been issued for
such work; or
(3)
Any work for which a building and/or site grading
permit is required which is being performed without the required building
and/or site grading permit, or under a building and/or site grading
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 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 § 65-17, Enforcement; penalties for offenses, of this chapter or under any other applicable local law, state or federal law. Any such other remedy or penalty may be pursued at any time as may be prescribed by law.
A.
No building, use or structure hereafter erected, relocated
or altered as to outside dimensions shall be used, changed in use
or occupied until a certificate of occupancy or compliance shall have
been issued by the Code Enforcement Officer stating that the use,
land or structure complies with all applicable provisions of this
chapter. For previously existing construction, the Code Enforcement
Officer may, on request, issue a certificate of occupancy or certificate
of compliance if the Code Enforcement Officer determines that the
use of the building in question meets the requirements of this chapter.
The Code Enforcement Officer may issue a temporary certificate of
occupancy or temporary certificate of compliance at the Code Enforcement
Officer's discretion.
B.
A certificate of occupancy or certificate of compliance
shall be issued only if:
(1)
The proposed use of the building or land conforms
to the provisions of this chapter.
(2)
The proposed use of the building or land conforms
to the plot plan.
(3)
The proposed use of the building or land conforms
to approved plans.
(4)
As-built drawings are provided, if applicable.
(5)
The proposed use of the building or land conforms
to the purpose and description for which the permit was issued.
(6)
Building and/or site work is complete to outward appearance
in accordance with the building and/or site grading permit issued.
(7)
The building or structure is properly supplied with
water.
(8)
The building or structure is properly supplied with
approved sanitary disposal facilities.
(9)
All improvements shown on the site plan are installed
to the satisfaction of the Code Enforcement Officer, Town Engineer,
and/or Town Planner or when applicable sufficient performance guaranty
has been posted in the form of a certified check, letter of credit,
or bond for improvements not yet completed.
C.
Any building or land which has been granted a special
use permit, site plan approval, or variance by the Planning Board
or Zoning Board of Appeals. Every certificate of occupancy or certificate
of compliance for which a special use permit or site plan approval
or variance has been granted shall contain a detailed statement of
any conditions to which the same is subject and include, by attachment,
a copy of such Planning Board or Zoning Board of Appeals decision.
D.
Performance guaranty. No certificate of occupancy
or compliance shall be issued until all improvements shown on the
site plan are installed or sufficient performance guaranty has been
posted for improvements not yet completed. The sufficiency of such
performance guaranty shall be determined by the Planning Board after
consultation with the Code Enforcement Officer, Town Engineer and/or
Town Planner.
E.
The Code Enforcement Officer shall promptly make or
cause to be made an inspection of each building or site for which
application for a certificate of occupancy or certificate of compliance
has been made and shall grant or deny such certificate within 10 days
from the date of application.
F.
For any building that is part of a Town-approved project requiring the construction or extension of a public road in addition to the regulations stated in this section at Subsection B above, no certificate of occupancy or certificate of compliance shall be issued until all infrastructure improvements with the proposed easements and/or rights-of-way are installed, approved, certified by the Engineer of Record and accepted and approved by the Town. For details of highway construction and dedication requirements, see the Code of the Town of New Hartford, Chapter 102, Streets and Sidewalks, Article II.
G.
At the time a certificate of occupancy is applied
for, and the developer is unable to complete the installation of the
top course or other approved infrastructure improvements within the
proposed easement and/or rights-of-way, and those deficiencies are
determined by the Town Planner or Engineer to be noncritical to the
occupancy of the building, safety of the traveling public and the
proper operation and maintenance of the highway and other public infrastructure,
the developer, at the request of the Town Planner or Town Engineer,
shall execute an agreement with the Town and provide surety in the
form of a certified check, bond, or letter of credit in an amount
equal to two times the value of the deficiencies determined by the
Town Planner or Town Engineer. 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 and/or certificate
of compliance, shall be provided to the Code Enforcement Officer prior
to the issuance of the certificate of occupancy and/or certificate
of compliance:
H.
Contents of certificates of occupancy and/or certificates
of compliance. A certificate of occupancy and/or certificate of compliance
shall contain the following information:
(1)
The building and/or site grading permit number;
(2)
The date of issuance of the building and/or site grading
permit;
(3)
The address and Tax Map number of the property;
(4)
The name of the property owner of record;
(5)
If the certificate of occupancy and/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
and/or certificate of compliance is issued;
(6)
The use and occupancy classification of the structure;
(7)
The type of construction of the structure;
(8)
The assembly occupant load of the structure, if applicable;
(9)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(10)
Any special conditions imposed in connection with
the issuance of the building and/or site grading permit;
(11)
The decision of the Planning Board or Zoning Board
of Appeals as may relate to the subject property regarding a special
use permit, site plan approval or variance; and
(12)
The signature of the Code Enforcement Officer issuing
the certificate of occupancy and/or certificate of compliance and
the date of issuance.
I.
Temporary certificate of occupancy. 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
and/or site grading 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, Town Engineer, and Town Planner 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 including, but not limited to, surety
in the form of a certified check, bond or letter of credit in an amount
equal to two times the value of any deficiencies.. 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 the Code of the
Town of New Hartford.
J.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy and/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 or company
providing fire-fighting services for a property within this Town shall
promptly notify the Code Enforcement Officer of any fire or explosion
involving any structural damage, fuel-burning appliance, chimney or
gas vent.
If the Code Enforcement Officer is notified
that a violation exists which requires immediate action to avoid a
direct hazard or imminent danger to the health, safety or welfare
of occupants of a building, or to other persons, the Code Enforcement
Officer shall direct that such violation be immediately remedied by
the property owner or occupant at his/her sole expense or shall take
direct action on his or her own initiative to abate the hazard or
danger. Any costs incurred by the Code Enforcement Officer for such
action shall be paid for by the property owner, occupant or person
responsible for the violation. The Code Enforcement Officer shall
keep on file an affidavit stating with fairness and accuracy the items
of expense and date of execution of action taken and is furthermore
authorized to institute a suit, if necessary, against the person liable
for such expenses in order to recover said costs.
A.
The architect or professional engineer whose seal
and signature appear on the drawings for buildings or structures other
than one- or two-family dwellings, or his/her designated representative,
shall be responsible for making periodic visits to the construction
site to familiarize him/herself with the progress and quality of the
construction and to determine, in general, if the construction is
proceeding in accord with the plans, drawings, specifications and
addenda thereto which have been approved by the Code Enforcement Officer,
and/or Planning Board and Zoning Board of Appeals. Said architect
or engineer shall file reports with the Code Enforcement Officer at
regular intervals, indicating the times of such visits, the status
of the construction and any defects or discrepancies between the actual
construction and the approved plans, drawings and specifications affecting
structural, fire, health or life safety which he/she may observe.
Said architect or engineer shall also advise the Code Enforcement
Officer when such discrepancies have been corrected.
B.
The architect or engineer shall not be required to
make exhaustive or continuous on-site inspections to check the construction.
He/she shall not be responsible for construction means, methods, techniques,
sequences or procedures or for safety precautions and programs in
connection with the construction, nor shall be/she be responsible
for the contractor's failure to carry out the construction in accord
with the approved plans, drawings and specifications.
C.
Upon completion of the construction, the architect
or engineer shall file a certificate of completion with the Code Enforcement
Officer stating that, to the best of his/her knowledge, the building
or structure has been completed in accord with the approved plans,
drawings, specifications and addenda thereto, insofar as structural,
fire, health and life safety are concerned, or shall state any defects
of which he/she is aware.
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 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 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 Town Board of this Town.
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 contents of storage is changed or otherwise altered as specified in § 65-12A above.
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, Energy Code and the Code
of the Town of New Hartford, 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.
Any owner of a building or structure designated for inspection and found to be not in compliance with the Uniform Code, Energy Code or the Code of the Town of New Hartford shall be subject to a notice of violation in accordance with § 65-17 herein.
C.
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, Energy Code or the Code of the Town of New
Hartford 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, Energy Code
or the Code of the Town of New Hartford exist.
D.
Nothing in this section 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.
E.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 65-18, Fees, of this chapter must be paid prior to or within 30 days of billing for each inspection performed pursuant to this section. Nonpayment shall be subject to a notice of violation in accordance with § 65-17 herein. This subsection shall not apply to inspections performed by the Office of Fire Prevention and Control.
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, the Code of the Town of New Hartford, including this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code, the Energy Code or the Code of the
Town of New Hartford. 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 written notice of the violation and affording opportunity to abate, correct or cure the violation or proceeding in the manner described in § 65-17, 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, drawings specifications and construction
documents approved;
(3)
All building and/or site grading permits, certificates
of occupancy and/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)
Notices of violation issued;
(10)
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 Town Board of this Town may request that the Code Enforcement Officer submit an annual 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 § 65-15, 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, on a form prescribed
by the Secretary of State, a report of the activities of this Town
relative to administration and enforcement of the Uniform Code, Energy
Code and the Code of the Town of New Hartford.
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
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Town
in connection with administration and enforcement of the Uniform Code,
Energy Code and the Code of the Town of New Hartford.
A.
Notice of violation. 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 the
Code of the Town of New Hartford, including this chapter. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a notice of violation. The notice of violation 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, and/or the Code of the Town of New Hartford, including this
chapter; specify the provision or provisions of the Uniform Code,
the Energy Code, the Code of the Town of New Hartford, including 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 which shall not exceed
30 days; 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 notice
of violation, or a copy thereof, to be served on the owner of the
affected property personally or by registered mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the notice
of violation, 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 notice of violation.
B.
Summons. The Code Enforcement Officer is authorized
to cause the Town Court to issue an information/complaint in the event
compliance with the Notice of violation is not achieved.
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, or the Code of the Town of New Hartford, including this chapter, or any term or condition of any building and/or site grading 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 a fine and/or imprisonment as prescribed in § 118-124 of the Code of the Town of New Hartford. Failure to timely remit payment in full of any civil penalty assessed by the Town shall result in a judgment in favor of the Town and against the owner of the affected property. Notice of judgment and the amount thereof shall be served on the owner of the affected property personally or by registered mail. Said notice shall allow ten (10) days from the date of the notice to cure or otherwise pay the outstanding civil penalty. In the event the civil penalty is not satisfied in full within the prescribed ten-day period, the outstanding civil penalty shall be filed in the office of the Oneida County Clerk as a judgment against the owner of the affected property and shall become a lien upon the lot, tract or parcel of land or property where the violation was found to exist.
[Amended 2-11-2015 by L.L. No. 3-2015]
D.
Abatement by Town; lien; recovery of costs.
[Amended 1-14-2015 by L.L. No. 1-2015]
(1)
In
addition to those penalties prescribed by state law, any person found
guilty of violating any provision of the Uniform Code, Energy Code,
or Code of the Town of New Hartford, including this chapter, or any
term or condition of any building and/or site grading permit, certificate
of occupancy, certificate of compliance, temporary certificate, stop-work
order, operating permit or other notice or order of the Code Enforcement
Officer pursuant to any provision of this chapter and who fails, refuses,
or neglects to abate the violation(s) within the amount of time ordered
by the Court to abate, the Code Enforcement Officer may, after presentment
to and approval from the Town Board, undertake to abate the subject
violation(s) through use of Town facilities or equipment, or through
use of outside independent contractor(s) to do the work necessary
to abate all or some of the existing violations. Any costs incurred
by the Town to accomplish the abatement can and shall be filed in
proper form in the office of Oneida County Clerk as a judgment against
the owner of the affected property and shall become a lien upon the
lot, tract or parcel of land or property where the violation was found
to exist.
(2)
All
costs incurred by the Town in enforcing this chapter shall be recoverable
from the owner of the premises. Such costs hereunder shall include,
but not be limited to, the following:
(a)
Actual attorney fees and disbursements for services rendered with
or without the commencement of litigation;
(b)
Actual engineering fees and disbursements, including the costs of
the Town's Code Enforcement Officer.
(c)
Actual costs of securing, demolishing, removing or repairing the
building or structure;
(d)
Costs of serving and/or publishing notices; and
(e)
Costs of title and tax searches.
(3)
The
costs incurred in enforcing this chapter shall be added to the next
assessment roll for Town taxes against the tax parcel(s) and shall
be collected and enforced in the same manner as other taxes for that
parcel(s).
(4)
In
addition to any other remedies herein, the Town may commence a special
proceeding under Article 4 of the Civil Practice Law and Rules in
a court of competent jurisdiction to collect the costs incurred by
the Town in enforcing this chapter. Should the Town recover and be
paid said costs through such a proceeding (and after costs have been
added to the assessment rolls), the assessment roll and tax records
shall be adjusted accordingly to properly credit amounts so paid and
recovered.
E.
Injunctive relief. An action or proceeding may be
instituted in the name of this Town, 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,
or the Code of the Town of New Hartford, including this chapter, or
any term or condition of any building and/or site grading 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, the Code of
the Town of New Hartford, including this chapter, or any stop-work
order, compliance order or other order obtained under the Uniform
Code, the Energy Code, or the Code of the Town of New Hartford, including
this chapter, an action or proceeding may be commenced in the name
of this Town, 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.
F.
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 § 65-6, 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 § 65-6, 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 Subsection (2) of § 382 of the Executive Law.
[Amended 2-11-2015 by L.L. No. 3-2015]
A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule is set forth in the Code of the Town of New Hartford at § 118-140 thereof. Such fee schedule may be amended from time to time by similar 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 processing of applications, the issuance of building and/or site grading permits, amended building and/or site grading permits, renewed building and/or site grading 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.
The Town Board of this Town may, by resolution,
enter into an agreement, in the name of this Town 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,
the Code of the Town of New Hartford, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.
