[HISTORY: Adopted by the Town Board of the Town of Lyons.
Amendments noted where applicable.]
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code, and
the State Energy Conservation Construction Code (the Uniform Code)
in the Town of Lyons. This chapter is adopted pursuant to § 10
of the Municipal Home Rule Law. Except as otherwise provided within
this chapter, state law, or within the Uniform Code, all buildings,
structures, and premises, regardless of use or occupancy, are subject
to the provisions of this chapter.
A.
Responsibilities
of Town, county, state and Department of Education.
(2)
The Town of Lyons is also responsible for the administration and
enforcement of the Uniform Code with respect to buildings, premises
and equipment in the custody of, or activities related thereto undertaken
by, the Town of Lyons or for any special-purpose unit created by or
for its benefit. The Town of Lyons shall apply for and obtain building
permits for work, and certificates of code compliance, as provided
in this chapter. However, the Town shall not be required to pay any
fee for said permit or certificate.
(3)
The County of Wayne, or the State of New York, whichever shall be
the authority having jurisdiction, is responsible for the administration
and enforcement of the Uniform Code with respect to buildings, premises
and equipment in the custody of, or activities related thereto undertaken
by, a Wayne County department, bureau, commission, board or authority.
(4)
The State of New York is responsible for the administration and enforcement
of the Uniform Code with respect to buildings, premises and equipment
in the custody of, or activities related thereto undertaken by, a
state department, bureau, commission, board or authority.
(5)
The State Education Department is responsible for the administration
and enforcement of the Uniform Code for school districts and boards
of cooperative educational services.
B.
Subjects not regulated by the Uniform Code. Where no applicable standards
or requirements are set forth in the Uniform Code, or are contained
within other laws, codes, regulations, ordinances or bylaws adopted
by the Town of Lyons, compliance with applicable standards of the
National Fire Protection Association or other nationally recognized
firesafety standards shall be deemed prima facie evidence of compliance
with the intent of the Uniform Code. Nothing herein shall derogate
from the authority of the Code Enforcement Officer to determine compliance
with codes or standards for those activities or installations within
the Code Enforcement Officer's jurisdiction or responsibility.
C.
Matters not provided for. Requirements that are essential for the
public safety of an existing or proposed activity, building or structure,
or for the safety of the occupants thereof, which are not specifically
provided for by the Uniform Code shall be determined by the Code Enforcement
Officer.
A.
Establishment and appointment. There is hereby established the office
of Code Enforcement Officer, who shall be appointed by the Town Board
of the Town of Lyons. In the absence of the Code Enforcement Officer,
or in the case of his inability to act for any reason, the Town Supervisor
shall have the power, with the consent of the Town Board, to designate
a person to act on behalf of the Code Enforcement Officer and to exercise
all the powers conferred upon said Code Enforcement Officer by this
chapter.
B.
Duties and responsibilities. The Code Enforcement Officer and any assistant or deputy Code Enforcement Officer shall have the power, duty and authority to enforce this chapter and the Uniform Code. The duties of assistants and deputies shall be restricted as provided for in Subsection D. He or she shall have the power to make inspections of buildings and premises necessary to carry out his or her duties in the enforcement of this chapter and the Uniform Code. He or she shall examine all applications for permits, issue permits for the construction, alteration, enlargement, use and occupancy of all buildings, structures and facilities which are in compliance with this chapter and the Uniform Code, record and file all applications and permits with accompanying plans and documents, and make such reports as may be required.
C.
Assistants and deputies. The Town Board may designate one or more
assistant or deputy Code Enforcement Officers to assist in the enforcement
of this chapter and the Uniform Code, who shall act under the direct
supervision of the Code Enforcement Officer. The Town Board may designate
a person to act as an Acting Code Enforcement Officer and to exercise
all of the duties and powers conferred upon the Code Enforcement Officer
by this chapter in the event of the absence or inability of the Code
Enforcement Officer to act for any reason.
D.
Qualifications, training and continuing education. Each Code Enforcement
Officer, and his or her assistants and deputies, shall possess satisfactory
experience, professional training, or both, in the field of building
construction, design, modification and maintenance. The Code Enforcement
Officer shall complete and maintain the necessary training and certification
as stipulated in 19 NYCRR Part 1208, Minimum Standards for Code Enforcement
Training in the State of New York. Assistant and deputy Code Enforcement
Officers shall complete and maintain a level of training appropriate
to their specific duties. An assistant and deputy whose duties include
only the inspection of existing buildings (i.e., fire and property
maintenance inspections only) shall be New York State certified as
a Code Compliance Technician. The Code Enforcement Officer and his
or her deputies and assistants shall not be required to reside within
the Town of Lyons, but shall be capable of timely response should
an emergency requiring their services occur.
A.
The Code Enforcement shall have all other duties and powers as designated in Chapter 300, Zoning, of the Town Code.
B.
Identification. The Code Enforcement Officer, and any subordinates,
shall carry proper identification when inspecting structures or premises
in the performance of duties under this chapter or the Uniform Code.
C.
Administrative guidelines. The Code Enforcement Officer shall have
the authority to adopt written administrative guidelines covering
those activities not specifically covered by this chapter or the Uniform
Code, such as procedures for handling complaints, conducting inspections,
issuing violation notices, and establishment of an order of authority
within his or her department.
D.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code and the provisions of this chapter,
including receiving building permit applications, reviewing plans
and specifications, conducting inspections, issuing permits for the
erection, alteration, relocation, addition, repair and/or demolition
of buildings and structures, issuing certificates of occupancy, collecting
fees as set by the Town Board and maintaining and filing all records
necessary for the administration of the office to the satisfaction
of the Town Board. The Code Enforcement Officer is authorized to pursue
administrative actions and, in consultation with the Town Attorney,
legal action as necessary to abate conditions not in compliance with
the New York State Uniform Fire Prevention and Building Code, this
chapter, or other laws, rules or regulations of the Town of Lyons
or of the State of New York.
A.
Maintenance of records. The Code Enforcement Officer shall keep permanent
records of transactions and activities conducted by him or her, including
lists of applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, notices, and
orders issued, variances approved, and other information as required
by the Uniform Code. All such records shall be public records subject
to the Freedom of Information Law.[1]
[1]
Editor's Note: See Public Officers Law Art. 6, § 84
through § 90.
B.
Annual reports.
(1)
The
Code Enforcement Officer shall annually submit to the Town Board a
report and summary of all business conducted by the Code Enforcement
Officer, including permits and certificates issued, fees collected,
orders and notices issued, inspections and tests made, and appeals
or litigation pending or concluded, which report shall be filed prior
to January 15 of the following year.
(2)
The
Code Enforcement Officer shall annually submit to the Secretary of
State, on behalf of the Town, on a form prescribed by the Secretary
of State, a report of the activities of the Town 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 the Town is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Town in connection
with administration and enforcement of the Uniform Code.
A.
Purpose. To ensure compliance with the provisions of the Uniform
Code, no person shall erect, alter, install, change in use, remove,
relocate or demolish any building or structure, or part thereof, nor
alter the use of land subsequent to the adoption of this chapter,
until a building permit has been issued by the Code Enforcement Officer.
All work required to conform to the Uniform Code shall require a building
permit.
B.
Exception. The following categories of work shall be exempt from
the requirements for building permits:
(1)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or townhouses.
(2)
Installation of swimming pools associated with a one- or two-family
dwelling or townhouses, where such pools are designed for a water
depth of less than 24 inches and are installed entirely above ground.
(3)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids.
(4)
Construction of temporary motion-picture, television and theater
stage sets and scenery.
(5)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or townhouses.
(6)
Installation of partitions or movable cases less than five feet nine
inches in height.
(7)
Painting, wallpapering, tiling, carpeting, or other similar finish
work.
(8)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances.
(10)
Repairs, provided that such repairs do not involve the removal
or cutting away of a load-bearing wall, partition, or portion thereof,
or of any structural beam or load-bearing component; the removal or
change of any required means of egress, or the rearrangement of parts
of a structure in a manner which affects egress; the enlargement,
alteration, replacement, or relocation of any building system.
(11)
The temporary removal from service of all or part of a fire
protection system, subject to the approval of the Code Enforcement
Officer.
C.
Permits required.
(1)
Solid-fuel-burning appliances. A building permit shall be required
for installation of any solid-fuel-burning appliance, chimney or flue.
(2)
Agricultural structures. Building permits shall be required for all
agricultural structures.
(3)
Fuel-fired equipment. The installation and replacement of any permanent
fuel-fired equipment, including, but not limited to, furnaces, boilers,
water heaters, and generators, shall require a building permit.
(4)
Handicapped accessibility. Alterations or construction for the purpose
of providing or improving handicapped accessibility shall require
a building permit.
(5)
Electrical equipment. The extension of any electrical system, and
the installation or replacement of any electric water heater, central
air-conditioning condenser, and generator shall require a building
permit.
(6)
Reroofing. Reroofing shall require a building permit.
(a)
Exception: agricultural structures.
(b)
Roofing operations utilizing heat-producing systems or other
ignition sources shall be performed only by contractors that are licensed
by the Town of Lyons. The fee for each license shall be set from time
to time by the Town Board by resolution. Before said license shall
be issued, said contractor shall submit proof of general liability
insurance coverage in an amount not less than $100,000. Each license
shall expire one year from the date of issuance.
D.
Information required.
(1)
All applications for building permits shall be accompanied by two
full sets of plans, drawn to scale, showing the actual shape and dimensions
of the lot to be built upon, the exact size and location of any building
and accessory structures, signs, parking or loading areas, or other
physical features and such other information as may be required by
this chapter, or may be necessary to determine and provide for enforcement
of the Uniform Code. In addition, each application shall provide the
following minimum information:
(2)
Construction documents shall not be accepted as part of an application
for a building permit unless such documents indicate with sufficient
clarity and detail the nature and extent of the work proposed; substantiate
that the proposed work will comply with the Uniform Code and the State
Energy Conservation Construction Code; and are prepared by a New York
State registered architect or licensed professional engineer where
so required by the Education Law and, where applicable, include a
site plan that shows any existing and proposed structures on the site,
the location of any existing or proposed well or septic system, the
location of the intended work, and the differences between the structures
and lot lines.
E.
Issuance of building permit.
(1)
The Code Enforcement Officer shall examine each application for a
building permit, or for an amendment thereto, to ascertain whether
the proposed construction is in substantial conformance with the requirements
of the Uniform Code. Construction documents that are accepted and
approved as part of a permit application shall be so marked in writing
or by a stamp. One set of approved construction documents shall be
retained by the Code Enforcement Officer, and a second set of approved
documents shall be kept at the work site for use by the Code Enforcement
Officer.
(2)
A building permit shall contain a statement directing that all work
shall be performed in accordance with the construction documents submitted
and accepted as part of the application. In addition, the building
permit shall include a directive that the government or agency responsible
for enforcement of the code shall be notified immediately in the event
of changes occurring during construction. Building permits shall be
issued with a specific expiration date and provide that the permit
shall become invalid unless the work authorized is commenced within
a specified period following issuance. The issuance of a building
permit shall constitute authority to the applicant to proceed with
the work in accordance with the approved plans and specifications
and in accordance with the Uniform Code and all other laws, ordinances,
rules, and regulations applicable thereto. All work shall conform
to the approved plans and specifications and the Uniform Code. Amendments
to permits shall be individually approved by the Code Enforcement
Officer.
(3)
When a building permit has been issued in error because of inaccurate,
incorrect, or incomplete information, or the work for which the permit
was issued violates the Uniform Code, the Code Enforcement Officer
shall revoke or suspend the permit until such time as the permit holder
demonstrates that all work completed and all work proposed shall be
in compliance with the applicable provisions of the Uniform Code.
(4)
Each issued building permit shall be visibly displayed at the work
site and remain visible until the project has been completed and a
certificate of code compliance has been issued.
(5)
Applications for permits to demolish a building or portion thereof,
which was constructed prior to January 1, 1974, shall be accompanied
by a pre-demolition asbestos survey, as required by New York State
Department of Labor regulations.
(6)
Work for which a permit is issued shall be commenced within six months
of issuance, and completed within 18 months of issuance.
A.
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(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) of the Fire Code of New York State (see 19 NYCRR Part
1225).
(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)
The 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.
(5)
Buildings containing mixed use or used for retail, business or industrial
purposes.
(6)
Temporary membrane structures and tents having an area in excess
of 200 square feet, and canopies having an area in excess of 400 square
feet. The Code Enforcement Officer may waive the requirement for an
operating permit for temporary membrane structures, tents and canopies
when, in his or her opinion, doing so will not endanger public health
and safety.
B.
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection A, including preexisting buildings, uses and activities, shall be required to obtain an operating permit prior to commencing or continuing such operation. Applications for operating permits shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests and reports necessary to verify conformance shall be required.
C.
The Code Enforcement Officer shall have the authority to issue a
single operating permit for more than one hazardous activity at a
single site.
D.
Operating permits shall remain in effect until reissued, renewed
or revoked, and shall expire as follows:
(1)
Operating permits for pyrotechnic displays in assembly occupancies
shall be limited to 30 days.
(2)
Operating permits for areas of public assembly shall be limited to
one year.
(3)
All other operating permits shall be limited to three years.
(4)
Operating permits shall be nontransferable (upon transfer of ownership
or control of property).
E.
Whenever the Code Enforcement Officer finds that activities do not
comply with applicable provisions of the Uniform Code, the operating
permit shall be revoked or suspended. Once satisfied that the activity
will be in compliance with the Uniform Code, the Code Enforcement
Officer shall reinstate the operating permit.
F.
The fee for an operating permit shall be set from time to time by
the Town Board by resolution.
A.
Whenever the Code Enforcement Officer has reasonable grounds to believe
that work on any building or structure is being carried out in violation
of the provisions of the Uniform Code, without a valid permit, or
in a dangerous or unsafe manner, he or she shall notify in writing
the owner of the property, or the owner's agent, or the person performing
the work, to suspend all work. Said notice shall be personally served,
or prominently posted upon the premises, or mailed to the owner of
record of the premises, as recorded in the office of the Town Assessor,
by certified mail.
B.
Stop-work orders shall state the reason for issuance and the conditions
which must be satisfied before work will be permitted to resume.
C.
Upon issuance of a stop-work order, all persons performing work shall
suspend all work activities until the stop-work order has been rescinded
by the Code Enforcement Officer.
D.
Where an emergency exists, the Code Enforcement Officer shall not
be required to give a written notice prior to stopping the work.
A.
A certificate of compliance shall be required for all work that is
the subject of a building permit, and for all structures, buildings,
or portions thereof, which are converted from one use or occupancy
classification to another. No person shall use or occupy any constructed,
extended, relocated, altered or converted structure or portion thereof
until a certificate of compliance has been issued by the Code Enforcement
Officer.
B.
Before issuing a certificate of compliance, the Code Enforcement
Officer shall perform a complete inspection of the building, structure
or work.
(1)
Where
applicable, a written statement of structural observations and/or
a final report of special inspections, prepared in accordance with
the provisions of the Uniform Code, must be received prior to the
issuance of the certificate. The Code Enforcement Officer shall be
satisfied that all work conforms to the approved plans and specifications
and the Uniform Code.
(2)
Where applicable, flood hazard certifications, prepared in accordance
with the provisions of the Uniform Code, must be received prior to
issuance of the certificate.
C.
Information. Certificates of compliance shall contain the following
minimum information:
(1)
The building permit number, if any.
(2)
The date of issuance of the permit, if any.
(3)
The name, address and Tax Map number of the property.
(4)
If the certificate is not applicable to the entire structure, a description
of that portion of the structure for which the certificate 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.
(10)
The signature of the officer issuing the certificate and the
date of issuance.
D.
Temporary occupancy. A certificate allowing temporary occupancy of
a structure may not be issued prior to the completion of the work
which is the subject of a building permit unless the structure or
portions are substantially complete and are in a safe and habitable
condition.
E.
Restrictions. In no event shall the Code Enforcement Officer issue
any certificate of compliance or temporary certificate for any portion
of a building or structure until the required fire detection, alarm
and suppression systems have been installed, tested and approved.
F.
Affidavit of design professional.
(1)
Prior to issuance of a certificate of compliance, other than a temporary certificate as provided in Subsection D, there shall be filed with the Code Enforcement Officer an affidavit from the registered architect or licensed professional engineer whose seal and signature appears on the approved plans. The affidavit shall state that the deponent has inspected the building or structure and that the building or structure has been constructed in substantial conformance with the approved plans and the Uniform Code.
(2)
Exception: construction of one- and two-family dwellings, their accessory
structures, and agricultural structures.
A.
Construction inspections. Work for which a building permit has been
issued under this chapter shall remain accessible and exposed for
inspection by the Code Enforcement Officer. It shall be the duty of
the permit holder to notify the Code Enforcement Officer when construction
work is ready for inspection. The Code Enforcement Officer may require
that every request for inspection be filed at least one working day
before such inspection is desired. Such request may be in writing
or by telephone at the option of the Code Enforcement Officer. No
work shall be enclosed or covered unless authorized by the Code Enforcement
Officer.
(1)
Construction inspections shall be made of the following elements:
(a)
Work site prior to issuance of a permit.
(b)
Footing and foundation.
(c)
Preparation for concrete slab.
(d)
Framing.
(e)
Building systems, including underground and rough-in.
(f)
Fire-resistant construction.
(g)
Fire-resistant penetrations.
(h)
Solid-fuel-burning appliances, chimneys, flues and gas vents.
(i)
Energy code compliance.
(j)
Final inspection of all authorized work upon completion.
(2)
Whenever any installation subject to inspection prior to use is covered
or concealed without having first been inspected, the Code Enforcement
Officer shall have the authority to require that such work be exposed
for inspection.
(3)
Approval as a result of an inspection shall not be construed to be
an approval of a violation of the provisions of the Uniform Code or
of this chapter. Inspections presuming to give authority to violate
or cancel the provisions of the Uniform Code or this chapter shall
not be valid.
(4)
It shall be the duty of the permit applicant to cause the work to
remain accessible and exposed for inspection purposes. Neither the
Code Enforcement Officer nor the Town of Lyons shall be liable for
expense entailed in the removal or replacement of any material required
to allow inspection.
(5)
It shall be the duty of the person requesting any inspections required
either by this chapter or the Uniform Code to provide access to and
means for inspection of the work.
(6)
A survey of the lot may be required by the Code Enforcement Officer
to verify that the structure is located in accordance with the approved
plans.
B.
Fire safety and property maintenance inspections.
(1)
Fire safety and property maintenance inspections of buildings that
contain a Group A assembly occupancy, as defined by the Uniform Code,
shall be conducted annually.
(2)
Fire safety and property maintenance inspections of Group R-2 dormitories,
as defined by the Uniform Code, shall be conducted annually.
(3)
Fire safety and property maintenance inspections of Group R-1 and
R-2 multiple dwellings, mixed occupancy containing commercial and
residential units and Group R-3 one- and two-family non-owner-occupied
dwellings maintained or offered for rent shall be conducted every
three years. Properties subject to land contracts, of which the owner
of record is not the occupant, shall be subject to the inspection
requirements of this chapter.
(4)
R-3 Bed-and-breakfasts shall be inspected every three years.
(5)
Fire safety and property maintenance inspections of nonresidential
occupancies shall be conducted every three years. Exception: There
shall be no regular fire safety and property maintenance inspections
required for Group U buildings used as agricultural buildings, as
defined in the Uniform Code.
C.
Right-of-entry. When necessary to make an inspection to enforce any
of the provisions of this chapter and the Uniform Code, or when the
Code Enforcement Officer has reasonable cause to believe that there
exists in any building or upon a premises a condition which is contrary
to or in violation of the Uniform Code which makes the building or
premises unsafe, dangerous or hazardous, the Code Enforcement Officer
may enter the building or premises at all reasonable times to inspect
or perform his or her duties, subject to constitutional limitations.
(1)
Except in cases of jurisdiction by another agency, the Code Enforcement
Officer shall be further authorized to enter and examine any marine
vessel, vehicle, train, or aircraft for purposes of enforcement of
the Uniform Code.
(2)
Should entry be refused, the Code Enforcement Officer shall have
recourse to the remedies provided by law to secure entry, including
application to any court of competent jurisdiction for an administrative
search warrant.
D.
Inspection fees. Inspection fees are established as follows, and
shall be in addition to all other required fees:
(1)
The fee for fire safety and property maintenance inspections shall
be set from time to time by the Town Board by resolution.
(2)
Inspection fees that are unpaid after 45 days shall be billed and collected in the manner described in § 120-13G(2).
A.
Notification regarding fire or explosion. The Fire Chief of any fire
department providing fire-fighting services for a property in the
Town of Lyons shall notify the Code Enforcement Officer of any fire
or explosion involving structural damage, a fuel-burning appliance,
chimney or gas vent.
B.
Notification regarding hazardous materials. The Code Enforcement
Officer shall be notified of any unauthorized release of any quantity
of hazardous materials that is reportable under state or federal regulations.
A.
The Code Enforcement Officer or his or her authorized representative
shall have the authority to disconnect a utility service or energy
supplied to a building, structure, or building service equipment regulated
by the Uniform Code in case of emergency where necessary to eliminate
an immediate hazard to life or property.
B.
The Code Enforcement Officer shall, whenever practicable, notify
the serving utility, the owner and occupant of the building, structure,
or building service equipment of the decision to disconnect prior
to taking such action, and shall notify such serving utility, owner
and occupant of the building, structure or service equipment, in writing,
of such disconnection immediately thereafter.
C.
For purposes of this section, the term "building service equipment"
shall mean the plumbing, mechanical, electrical and elevator equipment,
including piping, wiring, fixtures and other accessories which provide
sanitation, lighting, heating, ventilation, cooling, refrigeration,
fire-fighting and transportation facilities essential to the occupancy
of the building or structure for its designated use.
A.
Duty of Code Enforcement Officer. The Code Enforcement Officer shall
make inspections of all unsafe or dangerous buildings within the Town
of Lyons and report to the Town Board all unsafe or dangerous buildings
which from time to time may be found within the limits of the Town
of Lyons.
B.
Commencement of proceedings. When the Code Enforcement Officer has
inspected or caused to be inspected any building and has found and
determined that such building is a dangerous building as defined in
this chapter, the Code Enforcement Officer shall commence proceedings
to cause the repair or demolition of the building.
C.
Notice and order. The Code Enforcement Officer shall issue a notice
and order directed to the record owner of the building. The notice
and order shall contain:
(1)
The street address and legal description sufficient for identification
of the premises upon which the building is located.
(2)
A statement that the Code Enforcement Officer has found the building
to be dangerous with a brief and concise description of the conditions
found to render the building dangerous under the provisions of this
chapter.
(3)
A statement of the action required to be taken as determined by the
Code Enforcement Officer.
E.
Repair or demolition. Upon service of the notice and order to repair,
vacate or demolish a building, the owner thereof shall, at his or
her option, repair or demolish said building.
(1)
All required permits for repair or demolition shall be secured therefor
and the work physically commenced within 60 days from the date of
the notice and order. The work shall be completed within such time
as the Code Enforcement Officer shall determine is reasonable under
all of the circumstances.
(2)
An order by the Code Enforcement Officer, requiring the repair or
demolition of a building, may be appealed to the Zoning Board of Appeals
as provided for in this chapter. If the order relates to condemnation
of a structure under the provisions of the Uniform Code, said appeal
shall be made to the Town Board.
F.
Emergency work. In case there shall be, in the opinion of the Code
Enforcement Officer, actual or immediate danger of the falling of
a building so as to endanger public safety, life or property or actual
or immediate menace to health or public welfare as a result of the
conditions present in or about the building, he or she shall cause
the necessary work to be done to render such building temporarily
safe, whether the procedure prescribed in this chapter for dangerous
buildings has been instituted or not.
(1)
When emergency work is to be performed under this section, the Code
Enforcement Officer shall cause the owner thereof to be served personally
or by certified mail, return receipt requested, and, if served by
certified mail, shall post on the premises a notice to comply containing
a description of the premises, a statement of the facts in which the
building is unsafe or dangerous and orders and directions to correct
the conditions which constitute an emergency within a specified period
of time not to exceed three days from actual or constructive receipt
of the notice.
(2)
In the event that the emergency does not permit any delay in correction,
the notice shall state that the Town of Lyons has corrected the emergency
condition.
(3)
In both cases, the notice shall state that the corrective costs of
the emergency will be assessed against the owner pursuant to the provisions
of this chapter.
(4)
The Code Enforcement Officer is authorized to place ropes, guards,
barricades or other obstructions across any street, alley, place or
private property in the vicinity of a dangerous or unsafe building
so as to prevent accidents.
G.
Noncompliance with order.
(1)
In
the event of neglect or refusal of the person(s) so notified to comply
with an order by the Code Enforcement Officer to repair or demolish,
the Town Board shall provide for the demolition and removal of such
building, either by Town employees or by contract.
(2)
All costs of said work, including legal fees, plus an administrative
fee set from time to time by the Town Board by resolution, shall be
billed to the owner of the building. If not paid within 45 days, said
bill shall be assessed upon the real property at which the work occurred,
and shall constitute a lien and charge upon the real property on which
it was levied, until paid or otherwise satisfied or discharged, and
shall be collected by the Town Clerk in the manner provided by law
for the collection of real property taxes. In addition, the Town through
the Town Board may seek enforcement thereof in any court of competent
jurisdiction by any appropriate form of civil action and may seek
enjoinment of any continued violation thereof and seek to compel obedience
thereto by mandatory orders and writs, imposition of fines and recoupment
of fines, costs of remediation and cure and expenses of the Town by
judgment.
[Amended 4-27-2022 by L.L. No. 1-2022]
H.
Evacuation. The Code Enforcement Officer shall be authorized to order
the immediate evacuation of any occupied building deemed unsafe when
such building has hazardous conditions that present imminent danger
to building occupants. Persons so notified shall immediately leave
the structure or premises and shall not enter or re-enter until authorized
to do so by the Code Enforcement Officer.
I.
Condemnation pursuant to Uniform Code. Nothing contained in this
chapter shall prohibit or restrain the Code Enforcement Officer from
condemning and ordering vacated any building or structure under the
provisions of the Uniform Code.
J.
Vacant structures.
(1)
A
vacant structure which is not secured against unauthorized entry,
as required by the Uniform Code, shall be deemed unsafe.
(2)
The Code Enforcement Officer is authorized, after failure by the owner to comply with a written order to secure a vacant structure, to cause such structure to be locked, boarded, or otherwise secured by Town employees or private contractors. The costs of such work, plus an administrative fee set from time to time by the Town Board by resolution, shall be billed to the owner of real property and collected as provided for in Subsection G(2).
The Code Enforcement Officer may request and shall receive,
so far as may be necessary in the discharge of his or her duties,
the assistance and cooperation of the Fire Chief, and other departments
or officers and of all other municipal officers exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
The Code Enforcement Officer shall be responsible for overall approval
of all electrical work authorized by a building permit.
B.
The Code Enforcement Officer may, to the extent he or she deems appropriate,
rely on inspections made by third-party electrical inspectors to assist
in making any determination that new or existing electrical work conforms
to the requirements of the Uniform Code.
(1)
Each electrical inspector providing inspection services in the Town
of Lyons shall be approved by the Code Enforcement Officer, and shall
possess an appropriate level of training, education, experience and
certification so as to be able to competently perform his or her duties.
(2)
The Code Enforcement Officer may, at any time deemed appropriate
by him or her, require an inspection by an approved electrical inspector.
The property owner shall be responsible for any and all costs associated
with said inspection.
(3)
Each authorized electrical inspector shall, upon discovery of an
uncorrected, defective or hazardous electrical installation, report
such discovery to the Code Enforcement Officer immediately and in
writing.
(4)
The Town of Lyons shall not be held liable for any real or alleged
failure of an authorized electrical inspector to observe or cite any
violation or other hazardous or defective condition.
A.
Whenever
required by the Uniform Code, or whenever there are reasonable grounds
to believe that any material, construction, equipment or assembly
does not conform with the requirements of the Uniform Code, the Code
Enforcement Officer may require the same to be subjected to tests
or inspections in order to furnish proof of such compliance. The property
owner shall be responsible for all costs associated with special tests
and inspections.
B.
Approved
electrical inspection agencies include the Middle Department Inspection
Agency, Commonwealth Inspection Agency, New York Inspection Agency
and Atlantic Inland Inspection Agency. Electrical inspection agencies
can be approved for third-party inspections in the Town upon application
to the Town Board, with recommendation by the Code Enforcement Officer.
The Town Board may also rescind approval of an agency for cause.
A.
Inspections and reports. The architect or professional engineer whose
seal and signature appear on the drawings for buildings or structures,
or his or her designated representative, shall be responsible for
making periodic visits to the construction site, at the owner's expense,
to inspect the progress and quality of the construction, and to determine
in general if the construction is proceeding in accordance with the
drawings, specifications and addenda thereto. The design professional
shall immediately report any defects or discrepancies to the Code
Enforcement Officer. Exception: The construction of one- and two-family
dwellings (not including townhouses), their accessory structures,
and agricultural structures.
B.
Limitation on duties. The architect or engineer shall not be required
to make exhaustive or continuous on-site inspections to check the
construction, except where such continuous inspections may otherwise
be required by the Uniform Code.
The Code Enforcement Officer shall be responsible for enforcement
of the Multiple Residence Law of New York State, within the area of
responsibility of the Town of Lyons.
A.
Plan review fees.
(1)
When construction documents are submitted for review by the Code Enforcement Officer, a plan review fee as set from time to time by the Town Board by resolution shall be paid at the time of submitting the construction documents for plan review. The plan review fees specified in this section are separate from any permit fees specified in Chapter 300, Zoning, of the Town Code and are in addition to the permit fees.
(2)
Exception. There shall be no plan review fee for plan review of agricultural
structures, one- or two-family dwellings (not including townhouses),
mobile or modular homes, house trailers, or accessory structures associated
with residential uses.
B.
Permit fees. Fees for building permits shall be as set forth in Chapter 300, Zoning, of the Town Code and shall be paid before the permit is issued. Where fees are based upon square footage, the fee shall be calculated by the gross square footage of all floor areas, excluding unfinished basements and unfinished attics.
C.
Multiple types of work. In a case where a permit is applied for more
than one category of work, the permit fee shall be that which is the
highest for any one category of work involved, except that separate
permits shall be required for each of the following types of work:
D.
Amendments. Any amendment to a permit application, or authorized
change in approved plans, shall require a fee as set from time to
time by the Town Board by resolution.
Where practical difficulties or unnecessary hardship may result
from enforcement of the strict letter of any provision of the Uniform
Code, applications for variances may be made to the Town Board in
accordance with 19 NYCRR Part 1207. Whenever it is claimed that the
Code Enforcement Officer misconstrued the Uniform Code in approving
or disapproving any application or granting or refusing to grant any
permit or certificate of code compliance, the person affected may
appeal from the decision of the Code Enforcement Officer to the Town
Board in accordance with 19 NYCRR Part 1207. Appeals from provisions
of the Multiple Residence Law, in accordance with § 325
of that law, may also be made to the Town Board.
A.
Complaint procedure. Any person alleging a bona fide violation of
the Uniform Code or this chapter shall make such complaint in writing,
and shall state the location and the conditions or activities which
are alleged to be in violation.
B.
Duty of Code Enforcement Officer. Upon receipt of a written complaint,
the Code Enforcement Officer shall promptly investigate or cause to
be investigated the matter reported to him or her. If information
and time permit, the Code Enforcement Officer should report the outcome
of his or her investigation to the reporting party as soon as possible.
Anonymous complaints and complaints received by other than written
means shall be handled in a manner deemed appropriate by the Code
Enforcement Officer in each case.
A.
Violation of this chapter. It shall be a violation of this chapter
for any person, firm or corporation to construct, install, alter,
repair, replace, move, remove, demolish, equip, use, occupy or maintain
any building, structure or premises or portion thereof in violation
of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Code Enforcement Officer,
or to construct, alter, use or occupy any building, structure or premises
in a manner not permitted by an approved building or operating permit
or certificate of code compliance.
B.
Notice of violation. The Code Enforcement Officer shall serve a notice of violation or order in accordance with § 120-23C.
C.
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 120-23C shall be deemed guilty of a violation pursuant to the Penal Law.
D.
Violation penalties.
(1)
A
violation of this chapter shall be punishable by a fine not to exceed
$350 (with a disclaimer to reconsider penalties by resolution). Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
(2)
This section shall not apply to violations of the provisions of the
Uniform Code punishable under § 382(2) of the Executive
Law of the State of New York; nor to violations of the provisions
of the Multiple Residence Law of the State of New York.
E.
Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the Town of Lyons from instituting appropriate
action to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop any illegal
act, conduct, business or utilization of the building, structure or
premises.
F.
Cutting and destruction of weeds. Pursuant to a violation of the Uniform Code, upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, any duly authorized employee of the Town of Lyons or contractor hired by the Town shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the actual costs of such removal, plus an administrative fee as set from time to time by the Town Board by resolution, shall be paid by the owner or agent responsible. The billing and collection of said costs shall be as provided for in § 120-13G(2).
A.
Notice to owner or to person responsible. Whenever the Code Enforcement Officer determines that there has been a violation of this chapter or the Uniform Code, or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person responsible in the manner prescribed in Subsection B. Notices for condemnation procedures shall comply with § 120-13C.
B.
Form. Such notice prescribed in Subsection A shall be in accordance with all of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the violation(s) and why the notice is being
issued.
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the building, structure
or premises into compliance.
(5)
Inform the property owner of the right to appeal.
C.
D.
Appearance tickets. The Code Enforcement Officer shall have the authority,
pursuant to the Criminal Procedure Law, to issue an appearance ticket
subscribed by him or her, directing a designated person to appear
in court at a designated time in connection with the commission of
a violation of this chapter or the Uniform Code.
E.
Unauthorized tampering. Signs, tags or seals posted or affixed by
the Code Enforcement Officer shall not be mutilated, destroyed or
tampered with or removed without authorization from the Code Enforcement
Officer.
Pursuant to Subdivision 1 of § 405.00 of the Penal
Law of the State of New York, the Code Enforcement Officer is hereby
designated the "permit authority" to grant and issue permits for the
public display of fireworks in accordance with the provisions of § 405.00
of the Penal Law.
A.
Records searches. Records searches (for certificates of compliance,
building permits, violations, etc.) shall require a fee as set from
time to time by the Town Board by resolution.
B.
Permits pursuant to the Multiple Residence Law. Fees for permits
for storage of flammable/combustible liquids, removal of fire escapes,
and storage of motor vehicles, pursuant to the New York State Multiple
Residence Law, shall be set from time to time by the Town Board by
resolution, and shall be in addition to any and all other permits
required by this chapter.
The following definitions shall be used in the interpretation
and construction of this chapter.:
The municipal officer charged with the enforcement and administration
of this chapter and the Uniform Code.
Any building or structure which has any or all of the following
conditions or defects to the extent that the life, health, property
or safety of the public or its occupants are endangered:
Whenever any door, aisle, passageway, stairway, fire escape,
emergency escape window or other means of exit is not of sufficient
size or is not arranged or maintained so as to provide safe and adequate
means of exit in case of fire or panic.
Whenever any portion thereof has been damaged by fire, explosion,
earthquake, wind, flood or by any other cause, is likely to partially
or completely collapse.
Whenever any portion or member or appurtenance thereof is likely
to fall, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
Whenever the building or structure, or any portion thereof,
because of dilapidation, deterioration or decay or any other cause,
is likely to partially or completely collapse.
Whenever the building or structure, due to dilapidated condition,
deterioration, damage, inadequate exits, lack of required fire protection
equipment, lack of sufficient fire-resistive construction, faulty
electric wiring, gas connections or heating apparatus or other cause,
is determined by the Code Enforcement Officer to be a fire hazard.
Whenever any building or structure is overcrowded or occupied
by more persons than is permitted by the Uniform Code.
Whenever any building or structure, because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement, infestation,
inadequate light, heat, ventilation or sanitation facilities, or otherwise,
is determined by the Code Enforcement Officer to be unsanitary, unfit
for human occupancy or in such a condition that it is likely to cause
sickness or disease.
Whenever any portion of a building or structure remains on a
site after the demolition or destruction of the building or structure.
Whenever any vacant building or structure is unsecured against
unauthorized entry, contains combustible materials, or has been deemed
abandoned for a period in excess of three years.
The chief officer of the fire department serving the Town
of Lyons, or a duly authorized representative.
The New York State Uniform Fire Prevention and Building Code,
New York State Energy Conservation Construction Code, and any amendments
thereto.
The Town Board of the Town of Lyons may, by resolution, authorize
the Supervisor of the Town to enter into an agreement, in the name
of the Town of Lyons, with other governments to carry out the terms
of this chapter, provided that such agreement does not violate any
provision of the Uniform Code, 19 NYCRR Part 1203, or any other applicable
law.
From and after the date when this chapter takes effect, the
existing Town of Lyons local law governing Uniform Code enforcement,
and the existing Town of Lyons Unsafe Building Ordinance, to the extent
inconsistent with the provisions of this chapter, shall be superseded
and repealed.
If a court of competent jurisdiction should find any article,
section, subsection, paragraph, sentence, clause or provision of this
chapter to be invalid, in whole or in part, the effect of such decision
shall be limited to those articles, sections, subsections, paragraphs,
sentences, clauses or provisions which are expressly stated in the
decision to be invalid, and the remainder of this chapter shall be
and remain in full force and effect.
A.
Definitions. The terms "garbage" and "rubbish," as used in this section,
shall be as defined in the Uniform Code.
B.
Authority to dispose of garbage and rubbish. Pursuant to a violation of the Uniform Code, upon failure of the owner or agent having charge of a property to dispose of garbage or rubbish after service of a notice of violation, any duly authorized employee of the Town of Lyons or contractor hired by the Town shall be authorized to enter upon the property in violation and dispose of such garbage and rubbish thereon, and the actual costs of such removal, plus an administrative fee as set from time to time by the Town Board by resolution, shall be paid by the owner or agent responsible. The billing and collection of said costs shall be as provided in § 120-13G(2).
