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. 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 of this chapter.
[HISTORY: Adopted by the Board of Trustees of the Village of Dansville 3-13-2007 by L.L. No. 1-2007. Amendments noted where indicated.]
In this chapter, the following terms shall have the meanings indicated:
A permit issued pursuant to § 138-4 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.
A certificate issued pursuant to § 138-7B of this chapter.
The Code and Zoning Enforcement Officer appointed pursuant to § 138-3B of this chapter.
Includes the Code and Zoning Enforcement Officer and all inspectors.
An order issued by the Code and Zoning Enforcement Officer pursuant to § 138-15A of this chapter.
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 138-3D of this chapter.
A permit issued pursuant to § 138-10 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.
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 § 138-6 of this chapter.
A certificate issued pursuant to § 138-7D of this chapter.
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 Dansville.
A.
The office of Code and Zoning Enforcement Officer is hereby created. The Code and Zoning Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Code and Zoning Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy/certificate of compliance, 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 of occupancy/certificate of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy/certificate of compliance temporary certificates and operating permits such terms and conditions as the Code and Zoning Enforcement may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy/certificate of compliance 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 chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees for 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 chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred upon the Code and Zoning Enforcement by this chapter.
B.
The Code and Zoning Enforcement Officer shall be appointed by the Village Board of Trustees. The Code and Zoning 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 and Zoning Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code and Zoning Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Village Board of Trustees to serve as Acting Code and Zoning Enforcement Officer. The Acting Code and Zoning Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code and Zoning Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by the Village Board of Trustees to act under the supervision and direction of the Code and Zoning Enforcement Officer and to assist the Code and Zoning Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code and Zoning Enforcement Officer by this chapter. Each inspector 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 inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Code and Zoning Enforcement Officer and inspectors shall be fixed from time to time by the Board of Trustees 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, 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 and Zoning 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 144 square feet (13.38 square meters);
(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 the ground;
(4)
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(5)
Construction of temporary motion-picture, television and theater stage sets and scenery;
(6)
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(7)
Installation of partitions or movable cases less than five feet nine inches in height;
(8)
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(9)
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(10)
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications;
(11)
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;
(12)
Installation of fences which are not part of an enclosure surrounding a swimming pool. Current Zoning Laws 702.9 through 702.9-2 and 702.9-4 through 702.9-8 would still apply (702.9-3 is deleted),[1] and, if a fence is erected in a manner not complying with this Chapter 138, a violation notice would be issued and subsequent legal action would be taken; or
[Added 11-12-2008 by L.L. No. 3-2008]
[1]
Editor's Note: In Ch. 330, Zoning Law §§ 702.9 through 702.9-2 are numbered as § 702I through I(2); §§ 702.9-4 through 702.9-8 numbered as § 702I(4) through I(8); and § 702.9-3 as § I(3). However, a prior § 702.9-3 was deleted, as ratified at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(13)
New roof/repair permits. A replacement of existing asphalt shingles, cedar shakes, metal roofing or roiled rubber roofing for any of the just-referred-to types of roofing should be considered "maintenance repair"; therefore, fall under exemption in Subsection B(11). However, any work involving roof sheeting, rafters, and/or trusses is considered structural members and should come under the category of building permit for a remodel and any new roof structure would be included in a building permit for a new structure.
[Added 11-12-2008 by L.L. No. 3-2008]
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 Subsection B of this 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 and Zoning 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 owner. The application shall include such information as the Code and Zoning Enforcement Officer deems sufficient to permit a determination by the Code and Zoning 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)
Detailed description of proposed work;
(2)
Name and address of property owner;
(3)
The Tax Map number and the street address of the premises where the work is to be performed;
(4)
Estimated cost of proposed work;
(5)
Description of present use or occupancy of the property and the proposed occupancy classification of any affected building or structure;
(6)
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(7)
Minimum of 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.
(8)
Any additional information that the Code and Zoning Enforcement Officer shall deem necessary to the proposed project.
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 and Zoning Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code and Zoning 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 and Zoning 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 and Zoning Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code and Zoning 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 six 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 be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code and Zoning Enforcement Officer.
J.
Revocation or suspension of building permits. If the Code and Zoning 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 the Energy Code, the Code and Zoning Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that 1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and 2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code and Zoning Enforcement Officer or by an inspector authorized by the Code and Zoning Enforcement Officer. The permit holder shall notify the Code and Zoning Enforcement Officer when any element of work described in Subsection 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 made, 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.
A.
Authority to issue. The Code and Zoning Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code and Zoning Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code and Zoning Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, 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
(2)
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code and Zoning 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 and Zoning 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 registered mail/certified mail. The Code and Zoning 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 registered mail/certified 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 § 138-15, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy/certificates of compliance required. A certificate of occupancy/certificate of compliance 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 of occupancy/certificate of compliance.
B.
Issuance of certificates of occupancy/certificates of compliance. The Code and Zoning Enforcement Officer shall issue a certificate of occupancy/certificate of compliance 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, 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 and Zoning Enforcement Officer or an inspector authorized by the Code and Zoning Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code and Zoning Enforcement Officer, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Code and Zoning Enforcement Officer prior to the issuance of the certificate of occupancy/certificate of compliance:
C.
Contents of certificate of occupancy/certificate of compliance. A certificate of occupancy/certificate of compliance 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 of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance 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 and Zoning Enforcement Officer issuing the certificate of occupancy/certificate of compliance and the date of issuance.
D.
Temporary certificate. The Code and Zoning 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 and Zoning Enforcement Officer issue a temporary certificate unless the Code and Zoning Enforcement Officer determines 1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, 2) that any fire- and smoke-detecting or fire-protection equipment which has been installed is operational, and 3) that all required means of egress from the building or structure have been provided. The Code and Zoning Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed three months, which shall be determined by the Code and Zoning Enforcement Officer and specified in the temporary certificate. 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.
E.
Revocation or suspension of certificates. If the Code and Zoning Enforcement Officer determines that a certificate of occupancy/certificate of compliance 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 and Zoning Enforcement Officer within such period of time as shall be specified by the Code and Zoning Enforcement Officer, the Code and Zoning Enforcement Officer shall revoke or suspend such certificate.
The Chief of any Fire Department providing firefighting services for a property within this Village shall promptly notify the Code and Zoning Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the following procedures:
A.
Purpose. Unsafe buildings pose a threat to life and property in the Village of Dansville. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a health menace to the community. Debris, rubble or parts of buildings left on the ground and not removed constitute a dangerous, unhealthy and unsightly condition. It is the purpose of this chapter to provide for the safety, health, protection and general welfare of persons and property in the Village of Dansville by requiring such unsafe buildings be repaired or demolished or removed.
B.
The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Uniform Fire Prevention and Building Code, including but not limited to Sections 108 and 109 of the Property Maintenance Code of New York State.
C. BUILDING BUILDING INSPECTOR PORTION OF BUILDING UNSAFE BUILDING OR STRUCTURE(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Any building, structure or portion thereof used for residential, business, industrial, recreational or other purpose.
The Building inspector of the Village of Dansville and his/her duly appointed assistants or deputies or such other person appointed by the Village Board to enforce the provisions of this chapter, such as the Code and Zoning Enforcement Officer.
Any debris, rubble, or other parts of buildings which remain on the ground or on the premises after demolition, reconstruction, fire or other casualty.
Any building or structure or portion thereof which:
Has interior walls or other vertical structural members which list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle 1/3 of its base.
Exclusive of the foundation, shows 33% or more of damage to or deterioration of the supporting member or members or fifty-percent damage to or deterioration of the nonsupporting enclosing or outside walls or covering.
Has improperly distributed loads upon the floors or roofs or in which the same are overloaded or have insufficient strength to be reasonably safe for the purpose used.
Has been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Dansville.
Has become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
Has light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.
Has inadequate facilities for egress in case of fire or panic or insufficient stairways, elevators, fire escapes or other means of communication.
Has parts thereof which are so attached that they may fall and injure members of the public or property.
Because of its condition, is unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Village of Dansville.
Is open at the doorways or windows or walls, making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers.
Is or may become a place of rodent infestation.
Consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty.
D.
Maintenance of buildings and structures; prohibition.
(1)
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Village of Dansville to maintain such building or structure or portion of such buildings or structures in any condition or manner which shall be unsafe as defined in Subsection C of this section.
(2)
Any owner, occupant or person in custody of real property located within the Village of Dansville who allows or permits a building to continue as a dangerous building after due notice as provided in Subsection F below shall be guilty of a violation of this chapter and shall be punished as provided in Subsection M below.
E.
Investigation and report. When, in the opinion of the Building Inspector, any building or structure located in the Village of Dansville shall be deemed to be dangerous or unsafe to the public as defined in Subsection B, the Building Inspector shall make a formal inspection thereof and report in writing to the Village Board his/her findings and recommendations in regard to the building's or structure's removal or repair.
F.
Order to repair; hearing to be scheduled. The Village Board shall thereupon consider said report, and, if it finds that such building or structure is dangerous and unsafe to the public, it shall, by resolution, order its repair if the same can be safely repaired, and if not, its removal and demolition, and shall further order that a hearing shall be held before the Village Board at a time and place therein specified and on a least five days' notice to the owner of the building or structure or persons having an interest therein to determine whether said order to repair or remove shall be affirmed or modified or vacated and, in the event of modification or affirmance, to assess all costs and expenses incurred by the Village in the repair or removal of such building or structure against the land on which said building or structure is located.
G.
Trespass prohibited. In addition to serving the notice as provided in Subsection F above, the Village Board may, if it determines that the purposes of this chapter will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating no trespassing. When such a determination is made, notice of such fact shall be included in the notice referred to in Subsection F above. Anyone found trespassing in violation of this section shall be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days or by both such fine and imprisonment for each offense.
H.
Contents of notice. The notice shall contain the following statements:
(1)
The name of the owner or person in possession as appears from the tax and deed records.
(2)
A brief description of the premises and its location.
(3)
A description of the building or structure which is unsafe or dangerous and a statement of the particulars in which it is unsafe or dangerous.
(4)
An order requiring the same to be made safe and secure or removed.
(5)
That the securing or removal of said building or structure shall commence within a specified number of days of the service of the notice and shall be completed within a specified number of days thereafter.
(6)
The time and place of the hearing to be held before the Village Board, at which hearing the owner or occupant shall have the right to contest the order and findings of the Village Board.
(7)
That in the event such owner, occupant or other person having an interest in said premises shall fail to contest such order and fail to comply with the same, the Village Board will order the repair or removal of such building by the Village, and that the Village will assess all costs and expenses incurred in such repair or removal against the land on which such building or structure is located.
(8)
That in any case where a building which is required to be made safe and secure under this chapter is made safe by the Boarding up thereof, the material for such boarding shall be painted, as near as practicable, the same color as the building.
(9)
The failure to commence the necessary repairs, improvements or demolition within the time specified in the notice will constitute a violation of the law subjecting the violators to a fine not to exceed $250 for each week of such violation.
I.
Service and filing of notice.
(1)
A copy of said notice shall be personally served upon the owner or one of the owners, executors, legal representatives, agents, lessees or other person having a vested interest in the premises as shown on the Village tax records or in the records in the Livingston County Clerk's office.
(2)
If no such person can be reasonably found for personal service, then a copy of said notice shall be mailed to such person by registered mail addressed to his last known address as shown on said records and by personally serving a copy of said notice upon any adult person residing in or occupying said premises or by securely affixing a copy of said notice upon building or structure.
(3)
A copy of said notice may be filed with the Livingston County Clerk's office, which notice shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. A notice so filed shall be effective for a period of one year from the date of filing. It may be vacated upon an order of a Judge or Justice of a court of record or upon the written consent of the Village Attorney or Attorney for the Village. The Livingston County Clerk shall mark such notice and any record or docket thereof as cancelled of record upon the presentation and filing of such consent or of a certified copy of such order.
J.
Hearing. The Village Board shall conduct the public hearing at the time and place specified in the notice to repair or demolish. It may adjourn the hearing from time to time until all interested parties are heard and until the hearing is completed. At the conclusion of the hearing, the Village Board shall determine by resolution to revoke the order to repair or remove, modify said order or continue and affirm said order to direct the owner or other persons to complete the work within the time specified in the order or such other time as shall be determined by the Village Board.
K.
Failure to comply. In the event of the refusal, failure or neglect of the owner or person so notified to comply with said order of the Village Board within the time specified in said order and after the public hearing, the Village Board shall provide that such building or structure be made safe and secure or removed and demolished by Village employees or by independent contractors. Except in emergency cases as herein provided, any contract for repair or demolishing and removal of a building or structure in excess of $10,000 shall be awarded through competitive bidding.
L.
Alternate procedure upon refusal, failure or neglect of owner or person notified to comply.
(1)
In the event of the neglect or refusal of the person so served with the said notice to comply with the same, a survey of the premises shall be made by and inspector or architect to be named by the Board of Trustees of said Village and an inspector or architect appointed by the person notified as above. In the event of the refusal or neglect of the person so notified to appoint such an inspector or architect, two such inspectors or architects shall be appointed by the Board of Trustees and the two inspectors or architects shall make the survey and report. The notice shall further provide that in the event the building or other structure is reported dangerous or unsafe under such survey, an application shall be made at a special term of the Supreme Court, Livingston County, for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. Surveyors appointed by the Board of Trustees shall be compensated by the Village.
(2)
Posting of the survey report. A signed copy of the report of the surveyors shall be posted on the building.
M.
Penalties.
[Amended 9-19-2017 by L.L. No. 5-2017]
(1)
Any person, firm, company or corporation owning, controlling or managing any building, structure or premises therein or where shall be placed on or there exists anything in violation of any of the provisions of this chapter and any person, firm, company, organization, department, public entity or corporation who shall assist in the commission of any violation of this chapter or who shall build contrary to the plans or specification submitted to the Code and Zoning Enforcement Officer and by him/her certified as complying with this chapter and any person, firm, company, organization, department, public entity or corporation who shall omit, neglect or refuse to do any act required by this chapter shall be guilty of an offense and subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or both and in addition may be ordered to pay all costs and expenses involved in the case. Every such person, firm, company, organization, department, public entity or corporation shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue.
(2)
In case of any violation of any of the provisions of this chapter in addition to other remedies herein provided, the Village Board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(3)
Any violation of this chapter occurring on any premises shall be deemed a violation of all owners of the premises as well as all persons actually occupying the premises and all persons legally entitled to possession thereof.
(4)
In addition to all other remedies allowed, each person who violates any portion of this chapter shall owe to the Village of Dansville all legal fees, court costs and disbursements incurred by the Village to enforce this chapter and cure each said violation.
N.
Assessment of expenses. All expenses incurred by the Village in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the costs of notice and the cost of actually removing such building, and attorney's fees, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided for the levy and collection of real property taxes.
O.
Emergency situations. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building or structure is immediately repaired and secured or demolished, the Village Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building or structure. The expense of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in Subsection N hereof.
P.
Special proceeding for costs. The Village Board may commence a special proceeding pursuant to § 78-b of the General Municipal Law to collect the costs of demolition, including reasonable and necessary legal expenses.
A.
Operating permits:
(1)
Operating permits required. 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 5003.1.1(1), 5003.1.1(2), 5003.1.1(3), 5003.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(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 Board of Trustees 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 and Zoning Enforcement Officer. Such application shall include such information as the Code and Zoning Enforcement Officer deems sufficient to permit a determination by the Code and Zoning Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code and Zoning 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 and Zoning Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Code and Zoning Enforcement Officer or an inspector authorized by the Code and Zoning 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 and Zoning Enforcement Officer may require a separate operating permit for each such activity, or the Code and Zoning Enforcement Officer may, in his or 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 one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code and Zoning 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 and Zoning Enforcement Officer, payment of the applicable fee, and approval of such application by the Code and Zoning Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code and Zoning 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.
A.
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code and Zoning Enforcement Officer or an inspector designated by the Code and Zoning 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 and Zoning Enforcement Officer or an inspector designated by the Code and Zoning Enforcement Officer at any time upon 1) the request of the owner of the property to be inspected or an authorized agent of such owner; 2) receipt by the Code and Zoning Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or 3) receipt by the Code and Zoning Enforcement Officer of any other information, reasonably believed by the Code and Zoning 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 chapter 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. Notwithstanding any other provision of this section to the contrary:
(1)
The Code and Zoning Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2)
The Code and Zoning Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3)
The Code and Zoning Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code and Zoning Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Code and Zoning 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 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 and Zoning 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 § 138-15, 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.
The Code and Zoning 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 of occupancy/certificate of compliance 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 and Zoning Enforcement Officer shall monthly submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code and Zoning Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 138-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code and Zoning 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 and Zoning 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 and Zoning 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 chapter. Upon finding that any such condition or activity exists, the Code and Zoning Enforcement Officer shall issue a compliance order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code and Zoning Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;
(e)
Specify the period of time which the Code and Zoning 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 and Zoning Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail/certified mail. The Code and Zoning 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, owner, 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 registered mail/certified 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 and Zoning Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, certificate of sale/rental compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code and Zoning Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $250 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Village.
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 chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, certificate of sale/rental compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code and Zoning Enforcement Officer pursuant to any provision of this chapter. 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 chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, 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 an 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 Board of Trustees of this Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 138-6, Stop-work orders, of this chapter, in any other section of this chapter, 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 specified in this section, in § 138-6, Stop-work orders, of this chapter, in any other section of this chapter, 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 may be 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.
F.
Legal fees. In addition to all other remedies allowed, each person who violates any portion of this chapter shall owe to the Village of Dansville all legal fees, court costs and disbursements incurred by the Village to enforce this chapter and cure each said violation.
A fee schedule shall be established by resolution of the Board of Trustees 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/certificate of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code and Zoning Enforcement Officer described in or contemplated by this chapter.
The Board of Trustees of this Village may, by resolution, authorize the 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 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.