The chief of any fire department providing firefighting services
for a property within the Town of Wappinger shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent or
open burning.
The Code Enforcement Officer or Fire Inspector shall review
and investigate bona fide 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 local law 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 or Fire
Inspector 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 §
85-17 (Violations and penalties) 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.
The fees payable under this chapter shall be governed by the schedule set forth in Charter 122, Article IV, §
122-16, of the Code of the Town of Wappinger as it may be amended from time to time.
Appeals to Regional Board of Review. Where practical difficulties
or unnecessary hardship may result from enforcement of the strict
letter of any provision of the Uniform Code, applications for variances
may be made to the Regional Board of Review in accordance with Part
440 of Title 19 of the New York Code of Rules and Regulations. Whenever
it is claimed that the Code Enforcement Officer misconstrued the Uniform
Code in approving or disapproving any application or granting or refusing
to grant any permit or certificate of code compliance, the person
affected may appeal from the decision of the Code Enforcement Officer
to the Regional Board of Review in accordance with Part 440 of 19
NYCRR. Appeals from provisions of the Multiple Residence Law, in accordance
with § 325 of that law, may also be made to a Regional Board
of Review.
The Town Board may adopt a resolution to enter into an agreement
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.
The Town Board may adopt a resolution to enter into an agreement
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.
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 of this
chapter.
The provisions of this chapter are intended to control with
respect to issues governed by the New York State Uniform Code. Whenever
the requirements of this chapter are inconsistent with the requirements
of any other lawfully adopted rules, regulations, ordinances or local
laws pertaining to the implementation of the Uniform Code and the
Energy Code by the Town of Wappinger, the provisions of this chapter
shall govern.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.