[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 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 inspection 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) of this section shall be performed at least once every 36 months.
[Amended 9-10-2018 by L.L. No. 1-2018]
(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:
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.
