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.
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
117-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
117-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Code
Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter
103, Buildings, Unsafe, as now in effect or as hereafter amended from time to time.
[Added 6-1-2009 by L.L.
No. 3-2009]
A. Growth restricted. It shall be unlawful for any owner, occupant or
person in control of any lots or lands located within the Village
to allow on any such lot or land any growth of grass, brush or weeds
to a height of eight inches or more within the Village.
[Amended 6-4-2018 by L.L.
No. 1-2018]
B. Responsibility for maintenance. Property owners, occupants or persons
in control of any lot or land located in the Village shall maintain
their respective property, as well as curbs, gutters and sidewalks
bordering their parcels of land, in such condition as to be clear
of all growth of grass and weeds within the curbs, gutters and sidewalks.
C. Notice to abate violation. The Code Enforcement Officer is hereby
authorized and empowered to give written notice to the owner, occupant
or person in control of any lot or parcel of land who has permitted
the excessive growth of grass, weeds or brush upon the property or
in the curb, gutter or sidewalk to cut, destroy and remove the same
within 10 days from the date of such notice. Such notice may be served
personally upon such owner or his agent by any member of the Police
Department of the Village or, at the election of the Code Enforcement
Officer, may be given by certified mail addressed to said owner or
his agent at the last known address as the same appears upon the parcel's
tax records. In the event that an owner, occupant or person in control
of any lot or parcel of land has received a prior notice under this
section in the same calendar year and the same owner, occupant or
person in control again permits excessive growth in violation of this
chapter, then the notice set forth above shall be reduced from 10
days to seven days.
D. Failure to comply; removal by Village. Upon the failure, neglect or refusal of any owner, occupant or person so notified to cut, destroy and remove such excessive growth of grass, weeds and brush on the property and any growth on the curb, gutter or sidewalk, either or both, within 10 days or seven days, as the case may be, after the date of written notice provided for in Subsection
C, as aforesaid, the Code Enforcement Officer may have the noncompliant growth cut and removed therefrom without further notice to such owner or occupant, and the cost of such removal, together with an additional charge of 50% thereof for supervision and administration, shall be assessed against such property, and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property so assessed as the general Village tax and as a part thereof.
E. Enforcement
costs. In the event that the Village deems it necessary, or it is
required by the actions of any owner, agent of the owner, or tenant,
to bring any civil action to enforce any of the terms of this chapter,
the violator shall be responsible for all court costs and reasonable
attorneys' fees incurred by the Village arising from such action.
[Added 6-4-2018 by L.L.
No. 1-2018]
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or 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 §
117-16, Enforcement; penalties for offenses, of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Board
of this Village. Such fee schedule may thereafter be amended from
time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy/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 Board of this Village may, by resolution, authorize the
Code Enforcement Officer 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.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.