Village of Whitesboro, NY
Oneida County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Whitesboro 12-11-2006 by L.L. No. 9-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Codes Enforcement Officer — See Ch. 13.
Unsafe buildings — See Ch. 106.
Electrical standards — See Ch. 137.
Flood damage prevention — See Ch. 153.
Outdoor wood boilers — See Ch. 186.
Stormwater management — See Ch. 240.
Streets and sidewalks — See Ch. 244.
Subdivision of land — See Ch. 250.
Zoning — See Ch. 295.
This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Village of Whitesboro. This chapter is adopted pursuant to § 10 of Article 2 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.
The Village Board may, by resolution, authorize the Mayor to enter into a contract with other governments to carry out the terms of this chapter.
If any section of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder thereof.
A. 
The office of Codes Enforcement Officer is hereby created and shall be filled by an appointment of the Village Board. The Codes Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time constraints prescribed by law, obtain such training as the State of New York shall require for code enforcement personnel.
B. 
In the absence of the Codes Enforcement Officer, or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board, to designate a person to act on behalf of the Codes Enforcement Officer and to exercise all the powers conferred upon him by this chapter.
C. 
The Mayor, with the approval of the Village Board, may appoint one inspector or more, as the need may appear, to act under the supervision and direction of the Codes Enforcement Officer and to exercise any portion of the powers and duties of the Codes Enforcement Officer as directed by him.
D. 
The compensation for the Codes Enforcement Officer, acting Codes Enforcement Officer and inspectors shall be fixed and adjusted as needed by the Village Board.
E. 
The Codes Enforcement Officer shall administer and enforce all the provisions of the Uniform Code and the provisions of this chapter, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy, collecting fees as set forth by the Village Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Village Board. The Codes Enforcement Officer is authorized to pursue administrative actions and, in consultation with the Village Attorney, legal action as necessary to abate conditions not in compliance with the New York State Uniform Fire Prevention and Building Code, this chapter, or other laws, rules or regulations of the Village of Whitesboro or of the State of New York.
A. 
Permits required.
(1) 
Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, or install a solid fuel-burning heating appliance, chimney or flue in any dwelling unit, without first having obtained a permit from the Codes Enforcement Officer.
(2) 
No permit shall be required for:
(a) 
Necessary repairs which do not materially affect structural features;
(b) 
Alterations to existing buildings, provided that the alterations:
[1] 
Cost less than $10,000;
[2] 
Do not materially affect structural features;
[3] 
Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits;
[4] 
Do not involve the installation or extension of electrical systems; and
[5] 
Do not include the installation of solid fuel-burning heating appliances and associated chimneys and flues.
B. 
Application for a permit.
(1) 
The application for a building permit, and its accompanying documents, shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
(2) 
The form of the permit and application therefor shall be prescribed by the Codes Enforcement Officer. The application shall be signed by the owner (or his authorized agent) of the building and shall contain at least the following:
(a) 
Full name and address of the owner and, if by a corporation, the name and addresses of the responsible officials;
(b) 
Identification and/or description of the land on which the work is to be done;
(c) 
Description of use or occupancy of the land and existing or proposed building;
(d) 
Description of the proposed work;
(e) 
Three sets of plans and specifications for the proposed work;
(f) 
The required fee.
(3) 
The Codes Enforcement Officer may waive the requirement of plans and specifications when the work to be done involves minor alterations or is otherwise unnecessary.
(4) 
Applicant shall notify the Codes Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work has been determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Codes Enforcement Officer and approval shall be received from the Codes Enforcement Officer prior to the commencement of such change of work.
C. 
General requirements.
(1) 
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.
(2) 
A building permit issued pursuant to this chapter may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such permit, or if there has been misrepresentation or falsification of a material fact in connection with the application for the permit.
(3) 
A building permit issued pursuant to this chapter shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods, provided that:
(a) 
The permit has not been revoked or suspended at the time the application for renewal is made;
(b) 
The relevant information in the application is up to date; and
(c) 
The renewal fee is paid.
A fee schedule shall be established, and changed as needed, by resolution of the Village Board. Such fees may be charged for the issuance of permits, certificates of occupancy, temporary certificates of occupancy, and for fire safety inspections.
A. 
No building erected subject to the New York State Uniform Fire Prevention and Building Code shall be used or occupied, except to the extent authorized hereunder, until a certificate of occupancy has been issued. No building similarly enlarged, extended, or altered, or upon which work has been performed which requires the issuance of a building permit shall be occupied or used more than 30 days after the completion of the alteration or work unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued. The owner or his agent shall make application for a certificate of occupancy.
B. 
A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance or at an earlier date if so specified. A temporary certificate of occupancy may, at the discretion of the Codes Enforcement Officer and upon payment of an additional fee as specified for a temporary certificate of occupancy, be renewed. The Codes Enforcement Officer may place special conditions on temporary certificates of occupancy as necessary to insure safety and to protect the interest of the Village.
[Amended 7-11-2016 by L.L. No. 2-2016]
A. 
Purpose and intent. To provide for the safety and welfare of inhabitants and visitors of the Village of Whitesboro.
B. 
Codes Enforcement Officer, duties and powers.
(1) 
Fire safety and property maintenance inspections of buildings and structures shall be performed by the Codes Enforcement Officer or an inspector designated by the Village Board at the following intervals:
(a) 
Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(b) 
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection B(1)(a) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection B(1)(a) or B(2) of this section, shall be performed at least once every 12 months.
(2) 
Inspections permitted. In addition to the inspections required by B(1) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Codes Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon:
(a) 
The request of the owner of the property to be inspected or an authorized agent of such owner;
(b) 
Receipt by the Codes Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code.
C. 
Fees.
(1) 
The fee specified in or determined in accordance with the provisions set forth in this subsection 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 Subsection E herein.
(2) 
Fees for mandated inspections as described in this subsection shall be as set forth by the Village of Whitesboro Board of Trustees by resolution.
(3) 
The fees to be charged are:
Type
Fee
3 to 5 units
$30 per/unit
6 to 10 units
$50 flat fee plus $20 per/unit
11 to 20 units
$100 flat fee plus $20 per/unit
Over 20 units
$150 flat fee plus $20 per/unit
Standard Business Occupancy
$180 up to 10,000 square feet, plus 0.0175 per square foot additional for areas in excess of 10,000 square feet
D. 
Inspection.
(1) 
All inspections shall commence after notification has been made to the respective landlord/owner of the structure. The Codes Enforcement Officer shall present proper identification to gain access to the dwelling being inspected.
(2) 
All inspections shall be documented and the findings therein will be provided to the landlord/owner for correction.
(3) 
A detailed report shall be provided to the Village Board prior to the first monthly Board meeting of each month.
E. 
Violations. Any owner of a building or structure designated for inspection and found to be not in compliance with the Uniform Code shall be subject to a notice of violation and order to comply. Failure to comply shall result in a summons being issued for violation of the applicable code with penalties as set forth in the Uniform Code.
A. 
Upon determination that a violation of the Uniform Code or this chapter exists in, on, or about any building or premises, the Codes Enforcement Officer shall order in writing the remedying of the condition. Such order shall state the specific provision of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by notification by certified mail.
B. 
In addition to those penalties prescribed by state law, any person, firm or corporation who violates any provision of the Uniform Code or any rule or regulation of this chapter, or the terms or conditions of any certificate of occupancy issued by the Codes Enforcement Officer, shall be liable to a civil penalty of not more than $250 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 the Village Board on its own initiative or at the request of the Codes Enforcement Officer.
C. 
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Village Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code or the terms or conditions of any certificate of occupancy issued by the Codes Enforcement Officer.
Whenever the Codes Enforcement Officer has reason to believe that the work on any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances, rules or regulations, or not in conformity with the provisions of an application, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, to suspend all work and suspend all building activities until the stop-work order has been rescinded. Such order and notice shall appear in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for the permission of the construction of such building.
A. 
The Codes Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Village Board, and notices and orders issued. 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.
B. 
The Codes Enforcement Officer shall annually submit to the Village Board a written report and summary of all business conducted by his office, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and appeals or litigation pending or concluded.
This chapter shall be in full force and effect January 1, 2007, and will supersede any previous New York State Uniform Fire Prevention and Building Code enacted by the Village of Whitesboro.