[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 10-18-2016 by L.L. No. 4-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Application processing requirements — See Ch. 57.
Construction and demolition material deposit — See Ch. 63.
Fees — See Ch. 74.
Flood damage prevention — See Ch. 82.
Historic landmarks — See Ch. 89.
Openings, filling and excavation — See Ch. 96.
Stormwater management and erosion and sediment control — See Ch. 113B.
Zoning — See Ch. 140.
Subdivision regulations — See Ch. A146.
[1]
Editor's Note: This local law also superseded former Ch. 78, Fire Prevention and Building Construction, comprising Art. I, Administration and Enforcement, adopted 12-21-1998 as Ch. 78 of the 1988 Code, as amended, and Art. II, Adoption of standards, adopted 5-24-2000 by L.L. No. 1-2000, as amended.
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.
In this chapter, the following terms shall have the meanings
indicated:
A permit issued pursuant to § 78-4 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.
Shall include the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to Subdivision A of § 78-15 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 § 78-10 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.
Shall include 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 § 78-6 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 Harriman.
The Code of the Village of Harriman.
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 chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy/certificates 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/certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy/certificates of compliance, 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 of occupancy/certificates 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 Village Board of Trustees 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 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 Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by resolution of
the Village Board of Trustees. The Code Enforcement Officer shall
possess background and 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.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, the Mayor, or an individual appointed by resolution
of the Village Board of Trustees, shall serve as Acting Code Enforcement
Officer. The Acting Code Enforcement Officer shall, during the term
of his or her appointment, exercise all powers and fulfill all duties
conferred upon the Code Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by resolution of the Village
Board of Trustees 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 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 Enforcement Officer and inspectors
shall be fixed from time to time by the Village Board of Trustees
of this Village.
F.
Contracts.
(1)
The Village of Harriman does hereby establish the authority to negotiate
a renewable one-year contract with a qualified private firm to provide
specific services relative to the administration of the New York State
Uniform Fire Prevention and Building Code. The negotiated contract
shall be approved by a majority vote of the Village Board.
(2)
The contractor shall perform inspections as provided for in this
chapter and shall review applications for building permits and certificates
of occupancy and shall advise the Code Enforcement Officer when such
permits or certificates of occupancy should be issued.
G.
Restrictions on employees. The building inspector or any employee
of the Building Department directly involved in code enforcement shall
not engage in any activity inconsistent with his duties or with the
interests of the Building Department, nor shall he, during the term
of his employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, materials, supplies or appliances
for or the supervision of the construction, alteration, demolition
or maintenance of a building or the preparation of plans or specifications
thereof within the Village of Harriman, except that this provision
shall not prohibit any employee from engaging in any such activities
in connection with the construction of a building or structure owned
by him for his own personal use and occupancy or for the use and occupancy
of members of his immediate family and not constructed for sale.
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 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 that the gross floor area does not exceed
50 square feet. Limit of one such structure per parcel without a permit.
Each additional structure requires a building permit and is subject
to permit review and approval.
(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 or exceed four feet zero inches
in height at the wall's highest point;
(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 that the replacement does
not alter the equipment's listing or render it inconsistent with the
equipment's original specifications; or
(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.
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 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. Application shall be made by the
owner or lessee or agent of either or by the architect, engineer or
builder employed in connection with the proposed work. Where such
application is made by a person other than the owner, it shall be
accompanied by an affidavit of the owner or applicant that the proposed
work is authorized by the owner and that the applicant is authorized
to make such application. 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 owner. 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 prepared in
accordance with the provisions of the Uniform Code; and
(5)
Survey plot plan prepared and certified by a licensed land surveyor
or professional engineer. The plot plan shall include the following.
(6)
Copy of any required Planning Board approval, Zoning Board approval
or approval of any other review agency which may be required.
(7)
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.
(8)
Receipts indicating payment of any other fees required by the Village.
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. The Code Enforcement Officer shall
approve or disapprove an application within a reasonable time after
a complete application has been submitted with the required fee. 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, the Energy Code and the Village 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, the Energy Code and any other applicable requirements of the
Village Code. If the application is disapproved, the Code Enforcement
Officer shall so state in writing with the reasons therefor and shall
return the plans and specifications to the applicant.
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 six months following the date of issuance.
Building permits shall expire six months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subdivision may be renewed upon application by the permit
holder, payment of the applicable fee, and approval of the application
by the Code Enforcement Officer.
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
the Energy Code, or that the person to whom a building permit has
been issued fails or refuses to comply with a stop-work order issued
by the Code Enforcement Officer, the Code Enforcement Officer shall
revoke the building permit or suspend the building permit until such
time as the permit holder demonstrates that:
K.
Fee.
(1)
The fee specified in or determined in accordance with the provisions set forth in Chapter 74 of this Code 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. If an application for a building permit is denied, all but $25 of the fee will be refunded to the applicant.
(2)
For projects over $10,000 in cost, on completion of the work for
which a permit has been issued and prior to the issuance of a certificate
of occupancy as hereinafter provided, the applicant for such permit
shall submit to the Code Enforcement Officer a sworn statement setting
forth the true and correct cost of such work, and in the event that
the cost, as set forth in such statement, exceeds the estimated cost,
the permit fees shall be recomputed in accordance with the schedule
of fees hereinbefore provided and the deficiency paid to the Village.
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 inspector 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, the Energy Code or the Village Code. Work not in compliance
with any applicable provision of the Uniform Code, the Energy Code
or the Village Code shall remain exposed until such work shall have
been brought into compliance with all applicable provisions of the
Uniform Code, the Energy Code or the Village Code, reinspected, and
found satisfactory as completed.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 74 of this Code must be paid prior to or at the time of each inspection performed pursuant to this section, including the cost of any third-party inspections as provided in this section.
E.
A person subject to inspection under § 78-5 may be required by the Code Enforcement Officer to have such inspection performed at his own cost and expense by a competent inspector acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, other certified code enforcement officer or other person whose experience and training has been demonstrated to the satisfaction of the Code Enforcement Officer. Such inspector shall certify the results of his inspection to the Code Enforcement Officer. Any person required by the Code Enforcement Officer to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed by the Village Board.
F.
Where the inspection is conducted by the Code Enforcement Officer,
(s)he shall have the authority to retain third-party contractors and
consultants in connection with such inspections, as the Code Enforcement
Officer deems necessary and appropriate to conduct the inspection,
the cost of which shall be the responsibility of the permit holder.
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, the Energy
Code or the Village 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 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 posted upon a conspicuous
portion of the building under construction and 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 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 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 § 78-15 (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 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, the Energy Code and the Village 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, Energy
Code and Village Code. The Code Enforcement Officer or an inspector
authorized by the Code 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 Enforcement Officer, at the expense of the applicant for
the certificate of occupancy/certificate of compliance, shall be provided
to the Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates 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 Enforcement Officer issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
D.
Temporary certificate. 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 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 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 six months, which shall be determined
by the Code 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 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 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.
For each new building or substantial addition, a final location plan
or survey shall be required prior to the issuance of a certificate
of occupancy. This plan shall be certified to the Village of Harriman
by a licensed land surveyor.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Code
Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
A.
Definition of "building" or "structure." The term "building" or "structure" shall have the same meaning as "structure" as defined in § 140-4 of the Village Code. In addition, for purposes of this section, the term shall also include, without limitation, any culvert, drainage ditch, drainage pipe, water retention basin or pond, driveway, road, path, sidewalk, street, parking area, crosswalk and similar structure.
B.
All buildings or structures which are structurally unsafe, unsanitary
or not provided with adequate egress or which constitute a fire hazard
or are otherwise dangerous to human life or which in relation to existing
use constitute a hazard to safety or health by reason of inadequate
maintenance, dilapidation, obsolescence or abandonment are, severally,
for the purpose of this section, "unsafe buildings or structures."
All such unsafe buildings or structures are hereby declared to be
illegal and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this action.
C.
Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building, as defined in this section, he shall, in the same manner provided for the service of stop-work orders in § 78-6 of this chapter, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
D.
If the Code Enforcement Officer finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the specified repairs and
improvements are completed, inspected and approved by the Code Enforcement
Officer. The Code Enforcement Officer shall cause to be posted at
each entrance to such building a notice: "This building [or structure]
is Unsafe and Its Use or Occupancy Has Been Prohibited by the Code
Enforcement Officer." Such notice shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful
for any person, firm or corporation or their agents or other servants
to remove such notice without written permission of the Code Enforcement
Officer or for any person to enter the building except for the purpose
of making the required repairs or of demolishing the same.
E.
In case of emergency which, in the opinion of the Code Enforcement
Officer, involves imminent danger to human life or health, he shall
promptly cause such building, structure or portion thereof to be made
safe or removed. For this purpose he may at once enter such structure
or land on which it stands or abutting land or structure, with such
assistance and at such cost as may be necessary. He may vacate adjacent
structures and protect the public by appropriate barricades or such
other means as may be necessary, and for this purpose may close a
public or private way.
F.
Hearing.
(1)
Upon the receipt of notice given pursuant to Subsection C hereof, the owner, agent or person in control of a subject building or structure shall have the opportunity to present such facts and evidence by experts, including engineers or architects or otherwise, as he may deem necessary, in order to demonstrate that such building is not unsafe, at a hearing before the Village Board at its regularly scheduled meeting or any special meeting thereof called for such purpose.
(2)
A request for such hearing shall be made within 10 days after the service of any notice given pursuant Subsection C hereof. Such request shall be in writing and addressed to the Code Enforcement Officer, c/o 1 Church Street, Harriman, New York 10926. At such hearing, the Code Enforcement Officer shall present the facts that give rise to his determination that such a building is unsafe. A failure to request such a hearing within the required time shall be deemed a waiver of the right to such unless the Village Board shall excuse such failure for good cause shown.
(3)
After such hearing the Village Board shall confirm the Code Enforcement
Officer's determination or reject the same. If the Code Enforcement
Officer's determination is confirmed, such confirmation shall be in
writing and shall briefly state the reason therefor. Such confirmation
shall be served upon the owner, agent or person in control of the
subject structure or building in the same manner as the Code Enforcement
Officer's notice. If the Village Board shall confirm the Code Enforcement
Officer's determination, the owner, agent or person in control of
the subject structure or building shall have 10 days from service
of the determination of confirmation to comply with the directions
thereof, or such shorter period of time as prescribed by the Town
Board, or be deemed to have failed to comply and accordingly shall
be subject to all remedies and penalties otherwise available to the
Code Enforcement Officer or Village Board under this section.
G.
Failure to obey notice. In case the owner, agent or person in control shall fail, neglect or refuse to comply with the notice to repair, to rehabilitate or to demolish and remove said building or structure or portion thereof or a confirmation of the Code Enforcement Officer's determination, the Village Board shall be advised of all the facts in the case and shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in emergencies provided for in Subsection E hereof, any contract for demolition and removal of a building in excess of the limitation set out in § 103 of the General Municipal Law shall be amended through competitive bidding.
H.
Costs of compelling compliance or effective removal. All costs incurred under Subsection E or F of this section shall be paid in the first instance from the Village general fund, shall be a charge upon the lands affected and shall be levied and collected in the same manner as all other Village charges. Such charges shall become a lien when the Village Board shall have finally determined and assessed the same by resolution.
[Amended 9-10-2019 by L.L. No. 10-2019]
A.
Operating permits required. Any person who proposes to undertake or conduct any activity or to use or operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity, use or operation.
(1)
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;
(2)
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;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
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 inspector 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 Subdivision 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
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 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.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector 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.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section and all mixed-use (residential and commercial) structures and occupancies shall be performed at least once every 12 months. All nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by
Subdivision 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 inspector designated by the Code 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 Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or the Energy Code exist; or
(3)
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 the 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.
(1)
The Code 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 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 Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection C(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 paragraph (3) of Subdivision A of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a non-residential 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 non-residential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
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, the Village
Code, or any other local law, resolution 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 § 78-15 (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 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/certificates 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 Enforcement Officer shall annually submit to the Village Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 78-13 (Recordkeeping) of this chapter 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 the Village Code. Upon finding that any such condition
or activity exists, the Code Enforcement Officer shall issue a compliance
order.
(2)
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 the Village Code;
(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 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.
(3)
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 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 mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order. In addition to serving
the owner(s) personally or by certified mail, a notice may be posted
at the premises in a conspicuous location. The owner(s) shall be considered
to have been duly noticed upon the posting of the notice at the premises.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Penalties for violations.
(1)
For every violation of any provision of this chapter, the person
or entity violating the same shall be subject to a fine of $1,000
or imprisonment not to exceed one year, or to both such fine and imprisonment.
(2)
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, temporary certificate, stop-work
order, operating permit or other notice or order issued by the Code
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, 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 chapter, or any illegal
act, conduct or business in or about any premises. In particular,
but not by way of limitation, where the construction, occupancy, 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 Village Board of Trustees of this Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy 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 § 78-6 (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 § 78-6 (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.
A.
Purpose and intent.
(1)
It is the purpose of this chapter to protect the health, safety and
welfare of the residents of the Village of Harriman, as well as to
protect the Village's housing stock from deterioration, by establishing
a program for registering and identifying residential rental properties
and determining the responsibilities of owners of residential properties.
(2)
The Board of Trustees finds that the registration of rental properties
is intended to and will ensure the protection of persons and property
in all existing rental structures and on all premises required to
be registered under this chapter and to ensure that rental property
owners adhere to applicable code provisions governing the use and
maintenance of rental properties, including provisions limiting the
maximum occupancy for which a rental dwelling unit can be certified,
as well as for maintaining an inventory of available rental housing.
B.
ABSENTEE LANDLORD
CODE ENFORCEMENT OFFICER
HOUSING OR DWELLING UNIT
IMMEDIATE FAMILY
LANDLORD
RENTAL PERMIT
RENTAL PROPERTY
RESIDENT AGENT
SUBSTANDARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any landlord who resides outside the designated boundaries
of Orange County as those boundaries may be defined at the time of
regular, periodic registration.
The building inspector of the Village of Harriman or, in
his absence, the Mayor of the Village of Harriman or any person designated
by the Mayor on his behalf.
Any single unit which is capable of housing one separate
household, whether a detached single-family structure or building
or part of a multi-household structure or building.
The "immediate family" of the owner of a housing unit consists
of the owner's spouse, children, parents, grandparents or grandchildren.
Any rental property owner or designated agent who offers
a housing unit for occupancy to persons other than members of the
owner's immediate family in exchange for a fee or compensation, whether
monetary or otherwise.
A permit issued by the Village of Harriman stating that the rental property and each housing unit therein conforms to the standards and requirements of this section and Chapter 78.
Any property consisting of one or more housing units which
are occupied by persons other than the owner or his immediate family
or for which a fee or compensation, monetary or otherwise, is received
by the owner in exchange for such occupation.
A representative of a property owner or landlord who resides
within the designated boundaries of Orange County as defined at the
time of periodic registration.
Any deficiency or noncompliance with any standard or requirement set forth in Chapter 78 of the Village Code.
C.
General requirements.
(1)
All landlords must register with the Village of Harriman before any
dwelling unit is utilized as rental property. Upon adoption of this
chapter, initial registration will begin as soon as practicable after
this chapter is effective. It is the responsibility of the rental
property owner to register any rental property or properties, and
failure to do so constitutes a violation of this section and is subject
to the penalties set forth herein.
(2)
All absentee landlords must have a resident agent for all rental
properties.
(3)
All rental properties will be inspected on an annual basis.
(4)
Any substandard condition identified during an annual inspection
must be corrected by the property owner before a rental permit shall
be issued.
(5)
No rental property or dwelling unit shall be let, rented or occupied
by someone other than the owner or his or her immediate family until
a rental permit has been obtained for that unit.
D.
Registration of landlords.
(1)
All rental property owners will receive a notice following the adoption
of this section of the Code giving owners 30 days in which to register
any rental properties that they may own.
(2)
The owner of a rental property shall register the same with the Code
Enforcement Officer within 30 days of the effective date of this chapter
on a form approved by the Code Enforcement Officer, showing:
(a)
The address of the rental property;
(b)
The name, address, telephone numbers and e-mail address of the
owner and his resident agent and the full name of the tenant(s) in
possession of each dwelling unit as of the effective date of this
chapter. If the owner is not a natural person, then the owner information
of a corporation shall be that of the president; of a partnership
or limited partnership, a general partner, managing partner but, if
no managing partner, then any partner; of a limited liability corporation,
of a member or manager; or, in any case, any other chief executive
officer or chief operating officer of the organization. Where more
than one natural person has an ownership interest, the required information
shall be included for each owner. If the rental property is managed
or operated by an agent of the landlord, the name, address and telephone
number of such agent shall be provided in addition to the information
otherwise required by this section.
(c)
A description of the property by street and number or otherwise
as will enable the Code Enforcement Officer to locate the same; and
(d)
Such other appropriate information as may be requested, including
but not limited to the number of dwelling units in each rental property,
the number and type of rooms in each dwelling unit, the number of
occupants of each dwelling unit, together with a schematic diagram
showing the typical floor layout of the units and rooms with appropriate
designations and identifications.
(4)
Absentee landlords must designate a resident agent for service of
process who resides within the corporate boundaries of Orange County.
If that agent's residence should be removed from Orange County during
the yearly registration period, another agent must be designated for
the duration of that period.
(5)
It shall be unlawful for any rental property owner to offer any dwelling
unit for rent or allow any dwelling unit to be occupied without having
first registered as a landlord as required herein within the time
prescribed for such registration.
(6)
Failure to receive notice of the registration deadline will not excuse
failure to register units. It is the landlord's responsibility to
fulfill registration requirements.
E.
Rental permit requirements.
(1)
No rental property or housing unit may be occupied without a valid
rental permit. No rental permit shall be issued until each housing
unit within the rental property has been inspected by the Code Enforcement
Officer to determine that the requirements of this chapter have been
met and that no substandard conditions exist. A rental permit shall
be valid for one year from the date of issuance. Permits may be renewed
for successive one-year periods. No permit may be renewed until the
rental property and each housing unit therein has been inspected and
passes such inspection.
(2)
The owner of the rental property may request a rental permit even
though the property is exempted under the provisions of this chapter.
(3)
Any rental property or dwelling unit therein determined by the Code Enforcement Officer to be unsafe will be subject to the procedures set forth in § 78-9 of this chapter. The owner must provide copies of the notices referred to in § 78-9 to each tenant at the property. If such notice requires that the property or any dwelling unit be vacated, the owner immediately upon receipt thereof shall provide a copy of such notice to each tenant. All costs associated with removing and relocating tenants residing at the rental property will be the sole responsibility of the owner. The Village will not issue eviction notices or assume any responsibility for relocation or displacement expenses.
(4)
If the rental property and/or dwelling unit(s) passes inspection,
the rental permit shall be issued within five business days of the
date of inspection. If the unit does not pass inspection, a notice
of the violation and work description shall be issued within 10 business
days of the date of inspection.
(5)
Landlords or their agents must present the previously issued rental
permit, if applicable, when applying for a new permit. The date of
the last inspection, if applicable, will be verified from the previous
permit.
(6)
A rental permit issued pursuant to this chapter is transferable to
any person who has acquired ownership of a registered building for
the unexpired portion of the one-year period for which it was issued,
provided that an application to transfer such certificate is filed
with the Code Enforcement Officer within 30 days of the title transfer
and the dwelling units therein are in compliance with the Chapter
and any other applicable provisions of the Code.
F.
Inspections.
(1)
Inspections of rental units shall be conducted on an annual basis to determine compliance with this chapter and any other applicable provisions of the Village Code, including, without limitation, Chapter 140 (Zoning).
(2)
Inspections shall be conducted by the Code Enforcement Officer, who
shall issue to the landlord a notice of any violations or substandard
conditions and a description of the corrective action required to
be taken by the landlord.
(3)
The Code Enforcement Officer will be responsible for arranging for
the inspection of rental units and for initiating any other appropriate
action under these regulations. If any substandard conditions are
found, the Code Enforcement Officer will provide the landlord notice
thereof, a description of the corrective action to be taken by the
landlord, and the time within such corrective action is to be completed.
Failure by the landlord to take corrective action within the time
specified by the Code Enforcement Officer shall constitute a violation
of this section. The Code Enforcement Officer will give special consideration
to any request that inspections be conducted during nonbusiness hours
for the convenience of the tenant(s). In the absence of such request,
the inspections will be conducted during the normal business hours
as defined by the Village business hours in force at the time.
G.
Violations and penalties. Penalties for violations of this section
will be imposed as follows:
(4)
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects. Each
day that prohibited conditions exist shall constitute a separate offense
and so subject the owner to additional fines as provided for herein.
A fee schedule shall be established by resolution of the Village
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/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 Village 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.
