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 Village, which are hereby adopted by the Village and incorporated by reference as part of this Municipal Code. This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code or other applicable law, 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:
A permit issued pursuant Article II 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 Municipal Code.
A certificate issued pursuant to Article V of this chapter.
Includes the Code Enforcement Officer and all inspectors, including Building Inspectors, Housing Inspectors and Fire Inspectors.
An order issued by the Code Enforcement Officer pursuant to Article IX of this chapter.
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
A permit issued pursuant to Article VI of this chapter, including one renewed, amended or extended.
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 Article IV of this chapter.
A certificate issued pursuant to § 152-33.
The New York State Uniform Fire Prevention and Building Code, as currently in effect and hereafter amended.
The Village of East Syracuse.
A fee schedule shall be established by resolution of the Board of this Village. 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, temporary certificates, or operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this Municipal Code.
A.
Definition of unsafe buildings. Unsafe structures must be repaired or demolished pursuant to this section, and include any which:
B.
Determination of unsafe buildings. The Building Inspector shall examine every building reported as unsafe or damaged and report any violation of this section to the Village Board within 24 hours in writing. The Village Board, where it deems necessary, shall direct the Building Inspector to issue written notice of the violation to those responsible.
C.
Notice of unsafe buildings. Notices must:
D.
Extensions. The Village Board may extend time to comply with violation notices where it finds a good faith effort is being made to comply, or for any other good cause.
E.
Hearing. When requested, the Village Board shall designate the time and place of hearings.
F.
Correction and reinspection. Owners shall notify the Building Inspector in writing within two weeks of the correction of violations. The Building Inspector shall reinspect the site to verify compliance.
G.
Final notice. Thirty days after service of the written notice, the Village Board may direct the Building Inspector to issue a final order requiring compliance within 10 days. Upon failure to comply, the Village Board shall take action under § 152-6.
H.
Closure for imminent dangers.
(1)
If the Building Inspector finds that there is actual and imminent danger of failure or collapse, notice to the property owners shall also require the structure or portion thereof to be vacated immediately and until the required work is completed and approved by the Building Inspector.
(2)
Notice shall also be posted at each entrance, saying: "This building is unsafe and its use or occupancy has been prohibited by the Building Inspector."
(3)
This notice shall remain posted until the required work is done or the building is demolished. No one shall remove this notice without written permission of the Building Inspector, and no one shall enter the building other than to perform the required repairs or demolition.
I.
Emergency measures.
(1)
When the Building Inspector, Mayor and Village Attorney concur that a structure poses imminent danger to human life or health, the Building Inspector shall order that the structure or portion thereof be made safe or removed.
(2)
The Building Inspector may at once enter the property and abutting properties, with such assistance and at such cost as may be necessary.
(3)
The Building Inspector may order adjacent structures vacated, barricades erected, public and private thoroughfares closed, or any other action necessary to protect life and property taken.
(4)
Costs incurred under this subsection shall be paid by the Village on certificate of the Building Inspector and charged to the property owner as part of the tax levy.
B.
Notice of demolition order. The Village Clerk shall promptly notify the property owner:
C.
Confirmation by State Supreme Court. If a property owner fails to comply with a demolition order within 10 days of receipt, then he and anyone else with an interest in the property shall be notified of the Village's intent to execute the order. The Village Attorney shall present the demolition order and supporting documents to a State Supreme Court Justice to review and either confirm, modify or annul.
If a property owner fails to comply with any notice under this article, the Village Attorney shall take action to compel compliance, with the cost of such action added to the tax levy for that property.
Anyone convicted of violating this chapter shall be fined up to $500, imprisoned for up to 30 days, or both, for each day the violation continues. Violations of this chapter are not criminal, except violations of the Uniform Code punishable under § 382 of the State Executive Law or the Multiple Residence Law punishable under § 304 of the State Multiple Residence Law.
The Village may by resolution authorize the Mayor to enter into agreements with other governments to carry out the terms of this chapter, within the limits of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, and other applicable law.
[Amended 6-3-2013 by L.L. No. 3-2013]
A.
Outdoor fires, bonfires and recreational fires are prohibited in the Village of East Syracuse.
B.
Open burning is permitted with the following conditions:
(1)
No less than 15 feet (4,572 mm) from a structure.
(2)
In approved containers determined by the authorities having jurisdiction (Code Enforcement Official, Police Department and Fire Department).
(3)
Open burning shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with § 906 of the New York State Fire Code with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
C.
Prohibited open burning. Open burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
D.
The Codes Enforcement Office, Police Department and the Fire Department have the authority to determine a fire unsafe or a nuisance and can order the fire be extinguished.
Smoke alarms are required pursuant to the regulations and requirements of the Property Maintenance Code of New York State.