[Adopted 12-19-2013 by L.L. No. 1-2013]
This article 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 the Town of Mt. Morris. This article 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 article, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this article.
It is intended that this article shall supersede any provisions of
local law not consistent herewith.
As used in this article, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §Â
21-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer duly appointed by the Town Council
pursuant to any provisions of law.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to §Â
21-3D of this article.
OPERATING PERMIT
A permit issued pursuant to §Â
21-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
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.
TOWN
The Town of Mt. Morris.
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 the Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
In addition to the procedure set forth hereinafter §Â
21-12, Complaints, unsafe structures and equipment in the Town shall be identified and addressed in accordance with the following procedures:
A. The Code Enforcement Officer on his or her own initiative, or upon a third-party complaint, shall cause an inspection of any building or structure pursuant to the provisions of §Â
21-11 of this article;
B. A written report of said inspection shall be prepared and filed in
the office of the Town Clerk. A copy of said report shall be served
upon the owner of the building or structure by certified mail;
C. In the event that the Code Enforcement Officer determines that the building or structure fails to comply with the requirements of this article, then the Code Enforcement Officer shall seek enforcement of this article pursuant to the authority and procedures set forth hereinafter at §Â
21-15; Penalties for offenses.
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 article,
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 §Â
21-15, Penalties for offenses, of this article;
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 Town
Council. 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, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this article.
This article is not intended to supersede any provisions of Chapter
48, Zoning, of the Code of the Town of Mt. Morris. However in the event that provisions of Chapter
48, Zoning, conflict herewith, then the provisions of this article shall supersede any inconsistent provisions of Chapter
48, Zoning.
The Town Council may, by resolution, authorize the Mayor to
enter into an agreement, in the name of the Town, with other governments
to carry out the terms of this article, 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 article 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
article.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.