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 this Town. 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, 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 §
114-4 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.
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 §
114-10 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 Clayton.
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 firefighting services
for a property within this 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 this Town shall be identified
and addressed in accordance with the following procedures:
A. Emergency work or demolition.
(1) In the case that there shall be, in the opinion of the Code Enforcement
Officer, actual and immediate danger of the falling of a building
or structure so as to endanger public safety, life or property or
actual or immediate menace to health or public welfare as a result
of the conditions present in or about a building or structure, such
person shall cause the necessary work or demolition and removal to
be done to render such building or structure safe.
(2) When emergency work or demolition and removal is to be performed
under this section, the Code Enforcement Officer shall cause the owner
thereof to be served personally or by registered and certified mail,
return receipt requested, and if served by registered and certified
mail, return receipt requested, shall post on the premises a notice
to comply containing a description of the premises, a statement of
facts in which the structure is unsafe or dangerous and orders and
directions to correct the conditions which constitute an emergency
within a specified period not to exceed three days from actual or
constructive receipt of the notice.
(3) In the event that the emergency does not permit any delay, the Town
and/or its designees shall correct or demolish and remove the building
or structure and notice shall state that the Town has corrected or
demolished and removed the emergency condition.
(4) In each case, the notice shall state that the corrective and/or demolition
and removal costs of the emergency will be assessed against the owner's
property pursuant to the provisions of this chapter.
B. Demolition and removal or repair by owner.
(1) Upon the making of a written report by the Code Enforcement Officer
that the building or structure is unsafe or dangerous to the public,
the Code Enforcement Officer shall serve a notice upon the owner and
all other persons having an interest in such property or structure
as appearing in the real property records at the Jefferson County
Clerk's Office, either personally or by registered and certified
mail, return receipt requested, addressed to their last known addresses
as shown by the records of the Town Assessor and/or in the office
of the County Clerk, containing a description of the premises, a statement
of particulars in which the building or structure is unsafe or dangerous
and an order of the Code Enforcement Officer requiring the same to
be repaired or demolished and removed. If such service is made by
registered and certified mail, return receipt requested, the notice
shall also be posted on the premises.
(2) Such owner so served shall commence the repair or demolition and
removal of such building or structure within 30 days after service
of such notice, and shall complete the same within the time specified
in such notice.
(3) At any time prior to the expiration of 30 days following service of the notice provided in Subsection
B(1), the owner may request a hearing before the Town Board to consider the validity of the determination made by the Code Enforcement Officer.
(4) At the hearing, the owner, the Town and any other interested parties
may present witnesses and any other proof relating to the matter,
and all parties may appear in person or with their attorneys.
(5) At the conclusion of the hearing, the Town Board shall make a determination,
in writing, and a copy of the same shall be served either personally
or by registered and certified mail, return receipt requested, to
all parties who appear therein.
(6) The determination shall state whether the original report is sustained,
modified, or reversed. If reversed, no further proceeding shall be
held.
(7) If the original report is sustained, in whole or in part, the Town
Board shall also include an order directing the owner to proceed in
accordance therewith and shall further specify that unless the work
is commenced within 10 days after service and completed within a reasonable
time thereafter, which the Town Board shall designate, the penalties
hereinafter provided shall be invoked.
(8) The notice from the Code Enforcement Officer under Subsection
B(1) of this section shall be filed in the office of the Jefferson County Clerk, in the same manner as the notice of pendency, pursuant to Article 65 of the Civil Practice Law and Rules. Such a notice so filed shall be effective for a period of one year from the date of filing. However, said notice may be vacated upon the order of a judge or justice of a court of record or upon the consensus of the Town Attorney.
C. Removal or repair by Town; recovery of costs.
(1) Upon notification that the owner of an unsafe building or structure
has failed or refused to repair or demolish and remove the unsafe
building or structure within the time specified in the final order,
the Code Enforcement Officer shall report the same to the Town Supervisor.
The Town Supervisor may direct that the Town shall cause the repair
or demolition and removal of the unsafe building. The Town, in its
discretion, may undertake to do the authorized work with its own personnel
or hire a private contractor to complete said work. After the work
has been completed, the Code Enforcement Officer shall file with the
Town Finance Officer a verified statement of all of the direct costs
of the same, together with a charge of $2,000, in addition thereto,
as reimbursement to the Town for administrating, supervising and handling
said work. Said administrative surcharge of $2,000 shall be added
to the direct cost, whether Town personnel or a private contractor
was used to do the subject work.
(2) Upon receipt of the verified statement, the Town Finance Officer
shall direct that the amount thereof, including the charges added
thereto, shall constitute a lien against the premises and direct that
the same shall be added to the next assessment roll of general Town
taxes and shall be collected and enforced in the same manner, by the
same proceedings, at the same time, and under the same penalties as
the general Town tax and as a part thereof. In addition thereto, interest
shall run thereon from the date of filing the verified statement to
the date of actual payment at 1% per month.
(3) Notwithstanding any provision herein to the contrary, the Town may,
at its election, institute suit against the owner of the premises
for the direct costs, together with a surcharge of $2,000, in addition
thereto, as compensation to the Town for administering, supervising
and handling said work and enter judgment thereon against the owner
personally for the aforesaid amount. The imposition and collection
of any fine or penalty hereinafter prescribed shall not bar the right
of the Town to collect the costs of the demolition and removal or
repair of any unsafe building or structure as herein prescribed.
D. Transfer of title. The transfer of title by the owner of premises
upon which an unsafe building or structure is located shall be no
defense to any proceedings under this chapter.
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 local law or 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 §
114-15, Enforcement; 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 Clayton
Town Board. 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 occupancy or 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 this Town may, by resolution, authorize the
Town Supervisor of this Town to enter into an agreement, in the name
of this 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, of 19 NYCRR Part 1203, 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.
This chapter shall take effect on May 1, 2008, following the
filing in the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.