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 the Town of Spencer in Tioga County. 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 of the Code, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
73-4 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.
COMPLIANCE ORDER
An order issued by one of the code enforcement personnel pursuant to §
73-16A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
73-11 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
TOWN
The Town of Spencer.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting services
for a property within the Town 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 the Town of Spencer shall
be identified and addressed in accordance with the following procedures:
A. Investigation and report. When the Code Enforcement Officer, in his/her
own opinion determines, or upon receipt of information, that a building
1) has collapsed or is in such structural condition that it is reasonable
to anticipate it collapsing, in whole or in part, in the near future;
2) is, by reason of its physical condition, otherwise dangerous or
unsafe to the general public; 3) is open at the doorways and windows,
making it accessible to and an object of attraction to minors under
18 years of age, as well as to vagrants and other trespassers; 4)
is a place of rodent or other pest infestation; or 5) presents, by
reason of its physical condition, any other danger to the health,
safety, morals and general welfare of the public; he or she shall
cause or make an inspection thereof and report, in writing, to the
Town Board of the Town his/her findings and recommendations in regard
to its repair or demolition and removal.
B. Town Board order. The Town Board shall thereafter consider such report
and by resolution determine, if in its opinion the report so warrants,
that such building is unsafe and dangerous and order its repair if
the same can be safely repaired or its demolition and removal, and
further order that a notice be served upon the persons and in the
manner provided herein.
C. Notice; contents. The notice shall contain the following:
(1) A description of the premises;
(2) A statement of the particulars in which the building is unsafe or
dangerous;
(3) An order outlining the manner in which the building is to be made
safe and secure, or demolished and removed;
(4) A statement that the securing or removal of such building shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless, for good cause shown, such time
shall be extended;
(5) A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than five business days from the date of service of the notice;
and
(6) A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its demolition and removal, to
assess all expenses thereof against the land on which it is located
and add the same to the real estate tax bill for the property, and
to institute a special proceeding to collect the costs of notification
and demolition, including legal expenses.
D. Service of notice. The said notice shall be served:
(1) By personal
service of a copy thereof upon the owner, executor, administrator,
agent, lessee, or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Town Receiver
of Taxes (or Tax Collector) and/or of the County Clerk; or if no such
person can reasonably be found, by mailing such owner by registered
mail or certified mail a copy of such notice directed to his/her last
known address as shown by the one of the above records; and
(2) By personal
service of a copy of such notice upon any adult person residing in
or occupying said premises if such person can be reasonably found;
and
(3) By securely
affixing a copy of such notice upon the unsafe building.
E. Filing requirement. A copy of the notice served as provided herein
shall be filed in the office of the County Clerk of the County of
Tioga as set forth in § 130(16) of the Town Law, or any
successor statute.
[Amended 9-8-2009 by L.L.
No. 2-2009]
F. Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, if the Town Board does not alter its previous finding regarding the unsafe building, the Town Board shall provide for the repair and securing or demolition and removal of such building either by Town employees or by contract. Except in an emergency as provided in Subsection
H hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
G. Assessment of expenses. All expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building, including the cost of actually removing such building,
and all reasonable and necessary legal expenses incidental thereto,
including the attorneys' fees incurred in obtaining any order permitted
hereunder and for prosecuting any proceeding referred to in this chapter
(including the proceeding referred to below under General Municipal
Law § 78-b) shall, at the option of the Town Board, either:
(1) Be assessed against the land on which such building is located and
shall be levied and collected in the same manner as provided in the
Town Law and Real Property Tax Law for the levy and collection of
a special ad valorem levy; or
(2) Be collected by prosecution of a special proceeding against the owner
of said unsafe or dangerous building or structure pursuant to General
Municipal Law § 78-b; or
(3) Be collected by any other means legally available to the Town.
H. Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Subsection
G of this §
73-9.
I. Separability. Each separate provision of this section shall be deemed
independent of all other provisions herein, and if any provisions
shall be deemed invalid, all other provisions hereof shall remain
valid and enforceable.
J. Supersession. This §
73-9 shall supersede all prior local laws, ordinances, rules and regulations relative to the repair or removal of unsafe buildings and collapsed structures within the Town and, to the extent any prior law, ordinance, rule or regulation dealing with repair or removal of unsafe buildings and collapsed structures (except the New York State Uniform Fire Prevention and Building Code or any successor statute or code) is inconsistent with the terms of this §
73-9, the provisions of this §
73-9 shall prevail.
The following rules, in addition to any other local rules (including
any requirement to obtain a fill permit set forth and any requirements
of the immediately preceding section), state laws or regulations or
federal laws or regulations, shall govern excavations in the Town:
A. No excavations shall remain open or uncovered for more than one year
after work has ceased on a construction project or such excavation
has been abandoned. Any excavation or cellar hole remaining after
the demolition or destruction of a building from any cause shall be
covered or filled by the owner within one year.
B. Fencing or other similar safety measures shall be provided around
abandoned excavations and other potentially hazardous conditions.
C. If a property owner fails to comply with any of the provisions contained herein, he or she shall be subject to the procedures and remedies available to the Town set forth in the immediately preceding section, as if the violation of the provisions of this §
73-10 were a violation of such section.
D. The above remedy is not intended to limit or restrict any other remedies
or recourse by the Town against the violators of this section.
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 chapter, 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 §
73-16 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 fee schedule shall be established by resolution of the Town
Board of the Town. 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 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 the Town may, by resolution, authorize the
Supervisor of the Town to enter into an agreement, in the name of
the 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, Part 1203 of Title 19 of the NYCRR,
or any other applicable law, rule, or regulation.
This chapter shall apply to all building permit applications filed on or after such effective date and to all building permits issued on and after such date. Building permit applications and permits issued prior to such effective date shall be governed by the provisions of this Chapter
73 as in effect prior to such effective date.