[Amended 12-15-2008 by L.L. No. 10-2008]
This article 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 this Village. This article 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 article, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 400-60 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provisions of this article.
Includes the Code Enforcement Officer, Building Inspector
and all assistants.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A permit issued pursuant to § 400-66 to of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
The person to whom a building 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 pursuant to § 400-62 of this article.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Woodridge.
A.
The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this article. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates, 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 permits, certificates,
temporary certificates and operating permits, and to include in building
permits, certificates, temporary certificates and operating permits
such terms and conditions as the Code Enforcement Officer may determine
to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates, 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 article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Village Board of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this article;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B.
The Code Enforcement Officer shall be appointed by the Village Board.
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.
Additionally, the Code Enforcement Officer:
(1)
Shall not engage in any activity inconsistent with his or her duties
for the Village, nor, during the time of his/her employment, shall
be/she be engaged, directly or indirectly, in any building business,
furnishing of labor, materials or equipment for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the Village of Woodridge, excepting
only that this provision shall not prohibit such person from such
activities in connection with the construction of a building or structure
owned by him/her.
(2)
May reside outside the Village provided, however, that such residency
shall not prevent him or her from carrying out the duties of the position,
and further provided that he or she shall not utilize any equipment
provided by the Village for carrying out the duties under this Code
outside the Village without the permission, in writing, of the Village
Board.
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 Village
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his/her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this article.
D.
One or more Assistants may be appointed by the Village Board to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this article. Each Assistant 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 each Assistant shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and Assistants
shall be fixed from time to time by the Village Board of this Village.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, conversion of use, 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. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one-or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 80
square feet, and it is not served by electricity;
(2)
Installation of swings and other playground equipment associated
with a one-or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
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;
(4)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(11)
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
(12)
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.
C.
Exemption 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 Subdivision B of his section shall
not be deemed an authorization for work to be performed in violation
of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building 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 owners. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. 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 prepare 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 and the Energy Code; and
(e)
Where applicable, include a site plan 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.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building 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 personnel. 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 permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
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
permit. The building 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 permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within 12 months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may for good cause be renewed for an additional
twelve-month period upon application by the permit holder, payment
of the applicable fee, and review and approval of the application
by the Code Enforcement Officer.
[Amended 4-20-2015 by L.L. No. 1-2015]
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and that all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
K.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 400-72, Fees, reimbursement for professional services, of this article must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit. All fees are nonrefundable unless authorized by the Village Board.
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 Assistant authorized by the Code Enforcement Officer. The
permit holder shall notify the Code Enforcement Officer when any element
of work described in Subdivision 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 permit;
(2)
Footing 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
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 or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected and found satisfactory
as completed.
D.
Independent testing. Whenever necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction, the Code Enforcement Officer may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. All fees must be reimbursed as outlined in Subsection B of § 400-72.
E.
Engineer/Architect certifications. The Code Enforcement Officer may,
at his/her discretion, accept the certification of a state-licensed
professional engineer or registered architect that work has been performed
in accordance with all local codes and the Uniform Code.
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 halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is not work for which a
building permit is required, and without regard to whether a building
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 permit is
required, and without regard to whether a building permit has or has
not been issued for such work, or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
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 certified and regular 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
certified and regular 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 § 400-71, Enforcement; penalties for offenses, of this article or under any other applicable local law or state law. Any such other remedy or penalty maybe pursued at anytime, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates required. A certificate shall be required for any work
which is the subject of a building permit and for all structures,
buildings, or portions thereof, which are converted from one use or
occupancy classification or subclassification to another. Permission
to use or occupy a building or structure, or portion thereof, for
which a building permit was previously issued shall be granted only
by issuance of a certificate.
B.
Issuance of certificates. The Code Enforcement Officer shall issue
a certificate if the work which was the subject of the building permit
was completed in accordance with all applicable provisions of the
Uniform Code and Energy Code and, if applicable, that the structure,
building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable
provisions of the Uniform Code and Energy Code. The Code Enforcement
Officer or an Assistant authorized by the Code Enforcement Officer
shall inspect the building, structure or work prior to the issuance
of a certificate. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as maybe designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate, shall be provided to the Code Enforcement Officer
prior to the issuance of the certificate:
C.
Contents of certificates. A certificate shall contain the following
information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate is not applicable to an entire structure, a description
of that portion of the structure for which the certificate is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
and the date of issuance.
D.
Temporary certificate.
(1)
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 permit. However, in no event shall the Code
Enforcement Officer issue a temporary certificate unless the Code
Enforcement Officer determines:
(a)
That the building or structure, or the portion thereof covered
by the temporary certificate, may be occupied safely;
(b)
That any fire- and smoke-detecting or fire-protection equipment
which has been installed is operational; and
(c)
That all required means of egress from the building or structure
have been provided.
(2)
The Code Enforcement Officer may include in a temporary certificate
such terms and conditions as he/she deems necessary or appropriate
to ensure safety or to further the purposes and intent of the Uniform
Code.
(3)
A temporary certificate may be renewed for an additional six months
for good cause.
(4)
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 and the Energy Code.
(5)
The applicant may be required to furnish a performance bond or other
security which bond or other security shall run to the benefit of
the Village. The form and the amount of security shall be set by the
Code Enforcement Officer and Village Engineer, if any, shall be held
by the Village Board, and shall be in such form as is acceptable to
the Village Attorney.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate 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.
F.
Certificate based on engineer/architect certification. The Code Enforcement
Officer is authorized to issue a certificate in regard to any building
or structure upon receiving from a licensed professional engineer
or registered architect as-built plans and a sworn certification which,
to the satisfaction of the Code Enforcement Officer, certifies that
the building complies with all requirements of the Village of Woodridge
and the Uniform Code which existed at the time erected, notwithstanding
that said premises may not have the otherwise requisite building permits.
Said certificate shall recite that the certificate is issued upon
the certification of a licensed professional engineer or registered
architect and that the building complies with all requirements of
the Village of Woodridge and the Uniform Code for the issuance of
a certificate at the time erected and that the Village issues the
certificate solely on the basis of that certification and not on the
basis of any independent inspection or investigation.
The Chief of any fire department providing fire-fighting services
for a property within the 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 in Chapter 48 of the Village Code and/or the applicable provisions of the Fire and Property Maintenance Codes of New York State, as now in effect or as hereafter amended from time to time.
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 by-product, 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 Village Board of this Village.
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 Assistant 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/her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed three years, as shall be determined
by the Code Enforcement Officer to be consistent with local conditions.
The effective period of each operating permit shall be specified in
the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
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, such operating permit shall be revoked or suspended.
G.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 400-72, Fees; reimbursement for professional services, of this article must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an Assistant 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.
B.
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 Assistant designated by the Code Enforcement Officer at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or 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 or Energy Code exist; provided, however, that nothing in this subsection 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.
C.
OFPC inspections. Nothing in this section or in any other provision
of this article shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 400-72 Fees; reimbursement for professional services, of this article must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
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 article,
or any other local law, 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 § 400-71 Enforcement; penalties for offenses, of this article;
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, specifications and construction documents approved;
(3)
All building permits, certificates, 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;
(9)
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 Code Enforcement Officer shall, upon request, submit to the Village Board of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the Assistants, including a report and summary of all transactions and activities described in § 400-69, Recordkeeping of this article 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 Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
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 Village is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Village in connection
with administration and enforcement of the Uniform Code.
A.
Compliance orders.
(1)
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 this article. Upon finding that any such condition
or activity exists, the Code Enforcement Officer shall issue a compliance
order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this article;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code or this article which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property
personally or by certified and regular mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the compliance
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
being performed at the affected property, personally or by certified
and regular mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the compliance
order.
B.
Appearance tickets. The Code Enforcement Officer and each Assistant
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Penalties. A violation of this article shall be subject to a penalty
of no less than $350 per day and no more than $500 per day. The New
York State Village Law is hereby superseded as may be necessary to
permit such fines.
[Amended 4-20-2015 by L.L. No. 1-2015]
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village 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, this article,
or any term or condition of any building permit, certificate, 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 article. 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,
this article, or any stop-work order, compliance order or other order
obtained under the Uniform Code, the Energy Code or this article,
an action or proceeding may be commenced in the name of this Village,
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 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 Village Board of this
Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive penalty or remedy 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 § 400-62, Stop-work orders, of this article, in any other section of this article, 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 in this § 400-62, Stop-work orders, of this article, in any other section of this article, 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 maybe pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
A.
Fee schedule. A fee schedule shall be established by resolution of
the Village Board of this Village.[1] 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, temporary certificates, operating permits, firesafety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this article.
B.
Reimbursement for professional services.
(1)
The Code Enforcement Officer is hereby empowered to charge an applicant
the expense for professional fees incurred by the Department for professional
fees which are incurred as a result of professional work required
to be done on behalf of the Code Enforcement Officer as a result of
the filing of an application seeking approval or the approval of any
construction.
(2)
Professional services. Such professional services shall include,
but not be limited to, architects, attorneys, and engineers for services
rendered in connection with the above.
(3)
The professional involved, who will be hired at the request of the
Code Enforcement Officer, will submit a statement setting forth the
nature of services performed, the date such services were rendered,
the time spent thereon (if such services are rendered on a timed basis)
and the name of the party rendering such services. A voucher or other
bill rendered to the Village and paid by the Village shall be deemed
a fee statement in full compliance with this section.
(4)
Payment of the fee by the applicant shall be a prerequisite for approval
of the application or construction but shall be paid regardless of
whether approval is granted or not. If the relief sought by the applicant
is granted, but the fee(s) is not paid, the issuing authority can
revoke its action ex parte and afterwards notify the applicant for
the same of said revocation and that the relief sought will not be
regranted until the fees are paid.
(5)
If payment is by check, payment is not to be considered final until
the check clears the bank of the drawer.
(6)
Disputed fees. Any applicant who disputes any fee statement presented
to him may bring a proceeding in the Supreme Court of the State of
New York, in and for the County of Sullivan, pursuant to Article 78
of the Civil Practice Law and Rules of New York, within 30 days after
presentation of such disputed fee statement. The commencement of such
a proceeding shall not stay the obligation of the applicant to pay
any fee statement presented to him pursuant to this chapter.
(7)
Failure to reimburse fees. Any fee statement imposed by this section,
which remains unpaid at the time the Village certifies its annual
tax roll, shall become a lien upon the premises for which the application
was made. Such unreimbursed fees shall thereupon be levied against
said premises, as if a tax on real property, and in addition to all
other taxes, fees, rents or charges which would otherwise be so levied.
In the event the affected premises comprise more than one tax lot,
the Village Treasurer shall distribute such levy equally among such
tax lots without regard to assessed value or any other factor.
The Village Board of this Village may, by resolution, authorize
the Village Mayor of this Village to enter into an agreement, in the
name of this Village, with other governments to carry out the terms
of this article, 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.
[Added 4-20-2015 by L.L.
No. 1-2015]
Notices of special use/site plan review application hearings
shall be provided by the applicant to all adjacent property owners
and other property owners within 300 feet as identified in the latest
tax assessment records of the Village of Woodridge, including those
for properties on the opposite side of any public or private road.
Such notice shall be given by certified mail at least seven calendar
days in advance of such hearing. The Planning Board shall be authorized
to waive this requirement in the case of applications limited to site
plan review or where it is determined by the Board that adjoiners
have otherwise been afforded reasonable notice of such hearing as
evidenced by their appearance at or knowledge of such hearing. No
hearing shall be delayed where the Board determines the applicant
has made reasonable attempts to notify all interested parties as provided
herein.