[Adopted 8-8-2011 by L.L.
No. 1-2011]
In this chapter in addition to the definitions set forth in
the Uniform Code and the Code of the Village of New Hartford, the
Village further adopts the following definitions:
BUILDING AND/OR SITE GRADING PERMIT
A permit issued pursuant to §
61-4 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.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer and/or assistant Code Enforcement Officer and/or the Zoning Enforcement Officer responsible for the enforcement of the Code of the Village of New Hartford, the Uniform Code and the Energy Code appointed or approved pursuant to §
61-3A and
B of this chapter.
COMMON AREA
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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
NOTICE OF VIOLATION
An order issued in the form of a letter by the Code Enforcement Officer pursuant to §
61-17A of this chapter.
OPERATING PERMIT
A permit issued pursuant to §
61-12 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.
PERMIT HOLDER
The person to whom a building and/or site grading 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.
STOP-WORK ORDER
An order issued by the Code Enforcement Officer pursuant to §
61-6 of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of New Hartford.
The Chief of the New Hartford Volunteer Fire Department providing
firefighting services for a property within this Village shall promptly
notify the Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter
48, Buildings, Unsafe, of the Code of the Village of New Hartford as now in effect or as thereafter amended from time to time.
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.
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 Village 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 Village 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 §
61-17, Violations; penalties for offenses, of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Village Board of this Village. Such fee schedule is set forth in the Code of the Village of New Hartford at Chapter
61, Article
II. 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, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter.
The Village Board of this Village may, by resolution, enter
into an agreement, in the name of this Village 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 Village of New Hartford, Part 1203 of Title 19 of
the NYCRR, or any other applicable law.
[Adopted at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
The following fees shall be charged to reimburse the Village
in supporting comprehensive planning and engineering and the necessary
support services (both direct and indirect costs) to provide for the
processing, review, inspection and implementation of development applications,
plans and/or requests for permits, amendments, appeals and the request
and dissemination of information pursuant to this article.