Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
The office of the Code Enforcement Officer is hereby created. The Code Enforcement Officer is hereby authorized and directed to administer and enforce the provisions of the Energy Code, Multiple Residence Law, Uniform Code and this chapter. The Code Enforcement Officer shall have the authority to adopt policies and procedures to clarify the application of its provisions. Such policies and procedures shall comply with the intent and purpose of the Energy Code, Multiple Residence Law, Uniform Code and this chapter. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the Energy Code, Multiple Residence Law, Uniform Code or this chapter.
The Code Enforcement Officer shall be appointed by the Town Board.
The Code Enforcement Officer shall have the following powers and duties:
A. 
Those powers and duties necessary for the general supervision of the Department.
B. 
To plan, organize, direct and review administrative procedures and policies necessary to the operation and accountability of the Department.
C. 
To develop and implement an annual budget within the constraints established by the Town Board.
D. 
To supervise and review the work of departmental subordinates and report on a monthly and annual basis to the Town Board concerning the operations of the Department.
E. 
To receive, review and approve or disapprove applications for building permits, certificates of completion and/or occupancy, temporary certificates of completion and/or occupancy and operating permits, and the plans, specifications and submittal documents incorporated with such applications.
F. 
Upon approval of such applications, to issue building permits, certificates of completion and/or occupancy, temporary certificates of completion and/or occupancy and operating permits, and to include in building permits, certificates of completion and/or occupancy, temporary certificates of completion and/or occupancy and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate.
G. 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of completion and/or occupancy, temporary certificates of completion and/or occupancy and operating permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter.
H. 
To review and investigate complaints.
I. 
To issue notices and orders pursuant to this chapter.
J. 
To issue appearance tickets.
K. 
To maintain records.
L. 
To insure fees are collected as set by the Town Board.
M. 
To pursue enforcement actions and proceedings.
N. 
In consultation with the Town Attorney and upon approval granted by the Town Board, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, Energy Code or any applicable provision of the Code of the Town of Milo, or to abate or correct conditions not in compliance with the Uniform Code, Energy Code or any applicable provision of the Code of the Town of Milo.
O. 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter or any applicable provision of the Code of the Town of Milo.
The Code Enforcement Officer shall have the authority to accept reports of application reviews, tests or inspections conducted by a third-party agency/inspector that document compliance with the Energy Code, Multiple Residence Law, Uniform Code or any applicable provision of the Code of the Town of Milo. Such reports shall be in writing and be certified by a responsible officer of such third-party agency/inspector or by the responsible individual. The Code Enforcement Officer is authorized to engage such expert opinion as deemed necessary to document compliance with the Energy Code, Multiple Residence Law, Uniform Code or any applicable provision of the Code of the Town of Milo.
To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or lots of record subject to inspection by the Code Enforcement Officer, the Code Enforcement Officer is authorized to require the owner or owner's agent to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a registered design professional, qualified laboratory, fire safety specialty organization or other third-party agency/inspector that shall analyze the fire safety properties of the design, operation or use of the building or lots of record and the facilities and appurtenances situated thereon, to recommend necessary changes. The Code Enforcement Officer is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
The Code Enforcement Officer shall carry proper identification when inspecting structures or lots of record in the performance of his or her duties prescribed by this chapter.
Whenever it is necessary to make an inspection to enforce the provisions of this chapter, or whenever the Code Enforcement Officer has reasonable cause to believe that there exists in a structure or upon any lot of record any conditions or violations of the Uniform Code, Energy Code or any applicable provision of the Code of the Town of Milo which make the structure or lot of record unsafe, dangerous or hazardous, the Code Enforcement Officer shall have the authority to enter the structure or lot of record at all reasonable times to inspect or to perform the duties imposed upon the Code Enforcement Officer by this chapter. If such structure or lot of record is occupied, the Code Enforcement Officer shall present credentials to the occupant and request entry. If such structure or lot of record is unoccupied, the Code Enforcement Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or lot of record and request entry. If entry is not granted, the Code Enforcement Officer has recourse to every remedy provided by law to secure entry.
The Code Enforcement Officer shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, complaints received, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced training and continued education and training to maintain certification as NYS shall require for code enforcement personnel, and such officer shall obtain certification from the NYS Fire Administrator pursuant to the Executive Law of NYS and the regulations promulgated thereunder. Any incurred expenses for such training and education by the Code Enforcement Officer shall be paid by the Town.
The Code Enforcement Officer shall not engage in any activity inconsistent with their duties; nor shall they, during the term of their employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him or her and not constructed solely for sale.
In the event the Code Enforcement Officer is unable to serve as such for any reason, a person shall be appointed by the Town Board to 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. The Acting Code Enforcement Officer shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as NYS shall require for code enforcement personnel, and the Acting Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law of NYS and the regulations promulgated thereunder.
One or more Assistant Code Enforcement Officers may be appointed by the Town Board 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 such officer by this chapter. Each Assistant 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. Each Assistant Code Enforcement Officer shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as NYS shall require for code enforcement personnel, and each Assistant Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law of NYS and the regulations promulgated thereunder.
The Code Enforcement Officer shall submit to the Town Board of this Town a written monthly report and summary of all business conducted, including a report and summary of all transactions and activities described in this chapter.
The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Energy Code or Uniform Code.
The Code Enforcement Officer shall, upon request of the NYS Department of State, provide to the NYS Department of State records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Energy Code or Uniform Code.
Whenever the Code Enforcement Officer finds any work is being performed in a manner either contrary to the provisions of the Uniform Code, Energy Code or any applicable provision of the Code of the Town of Milo, or is dangerous or unsafe, the Code Enforcement Officer is authorized to issue a stop work order.
The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
The Code Enforcement Officer shall cause the stop work 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 stop work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or the owner's agent, 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.
Where an imminent danger exists, the Code Enforcement Officer shall not be required to give a written notice prior to stopping the work.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be culpable of a violation of this chapter.
It shall be unlawful for any owner to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building, lot of record or structure or portion thereof in violation of any provisions of the Uniform Code, the Energy Code or any applicable provision of the Code of the Town of Milo, or fail in any manner to comply with any notice, directive or order of the Code Enforcement Officer or to construct, alter or use and occupy any building, lot of record or structure or part thereof in a manner not permitted by the Uniform Code, the Energy Code or any applicable provision of the Code of the Town of Milo.
Any condition caused or permitted to exist in violation of any of the provisions of the Uniform Code, the Energy Code or any applicable provision of the Code of the Town of Milo shall be deemed a public nuisance and shall be abated as such by the owner in accordance with the Uniform Code, Energy Code or any applicable provision of the Code of the Town of Milo.
A notice of violation shall be in accordance with the following:
A. 
Be in writing.
B. 
Include a description of the real estate sufficient for identification.
C. 
Include a statement of the violation or violations and why the notice is being issued.
D. 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring any building, lot of record or structure into compliance with the provisions of the Uniform Code, the Energy Code or any applicable provision of the Code of the Town of Milo.
E. 
Inform the owner of the right to appeal.
F. 
Include a statement of any applicable penalties and the right to file a lien in accordance with this chapter.
A notice of violation shall be deemed to be properly served if a copy thereof is:
A. 
Delivered to the owner personally; or
B. 
Sent by certified mail addressed to the owner at the last known address with the return receipt requested; or
C. 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
A notice of violation issued or served as provided by this article shall be complied with by the owner, operator, occupant or other person responsible for the condition of violation to which the notice of violation pertains.
The Code Enforcement Officer has the authority to enter into a written voluntary compliance agreement with the owner to gain voluntary compliance in correcting a confirmed violation. The agreement shall include time limits for compliance and shall be binding on the owner. The Code Enforcement Officer shall abate further processing of the alleged violation during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The Code Enforcement Officer shall take no further action concerning the alleged violation if all terms of the voluntary compliance agreement are satisfied, other than steps necessary to terminate the waiver. The failure to comply with any term of the voluntary compliance agreement constitutes a separate violation and shall be handled in accordance with the procedures established by this chapter, except no further notice after the voluntary compliance agreement has been signed need be given before the Code Enforcement Officer may also proceed on the alleged violation that gave rise to the voluntary compliance agreement.
An action or proceeding may be instituted in the name of this Town, 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 completion and/or occupancy, temporary certificate of completion and/or occupancy, stop work order, operating permit, notice of violation, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop work order, notice of violation or other order issued under or permit or certificate obtained pursuant to the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town, 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 Town Board.
If the notice of violation is not complied within the period of time prescribed within such notice, the Code Enforcement Officer is authorized to request the Town Board to authorize the Town Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful building, structure and/or use in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
A. 
Civil penalty. Any person who undertakes any action regulated by this chapter, or who violates, disobeys or disregards any provision of this chapter, shall be liable to the Town for civil penalty not to exceed $300 per day for every such violation. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
B. 
Criminal penalty. Any violation of any part of this chapter shall constitute a "violation" as defined in the Penal Law of NYS, and shall be punishable by a fine not to exceed $250, or 15 days' imprisonment, or both such fine and/or imprisonment. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. The criminal penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
C. 
Restoration. A court of competent jurisdiction may order or direct a violator to restore the affected land to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Code Enforcement Officer or his/her designate.
No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this article, and each remedy or penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this article, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this article, 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 article shall be in addition to, and not in substitution for or limitation of, the penalties specified in § 382 of the Executive Law of NYS as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes, 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 § 382 of the Executive Law of NYS as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes.
No permit or certificate issued pursuant to this chapter shall be issued until all applicable fees and administrative costs have been paid to this Town.
An application fee in the amounts set forth in a fee schedule established from time to time by resolution of the Town Board shall be submitted with the application.
A. 
In addition to the fees required in this section, the owner shall reimburse the Town for administrative costs attributable to an application or the administration and/or enforcement of this chapter.
B. 
All administrative costs incurred by the Town in the review and processing of the applications shall be charged back to the owner as a fee related to the application submitted.
C. 
The Town may also require that the owner to deposit a lump sum to retain the necessary consultants or Third-Party Agencies/Inspectors. If such sum is insufficient to fund the necessary consulting or inspection services, the Town may require additional deposits. Such payment(s) shall:
(1) 
Be deposited with the Town Clerk who shall establish a line item for this purpose. Expenditures from this line item may be made at the direction of the Town Clerk without further appropriation.
(2) 
Pay only for the expenditures rendered in connection with the project for which an application has been submitted by the owner.
(3) 
At the completion of the Town's review of a project, any excess amount in the line item attributable to the project shall be repaid to the owner. A final report of said line item shall be made available to the owner by the Town Clerk if requested.
D. 
In the event that the Town is required to refer for collection any outstanding administrative cost for any reimbursement, the owner shall, in addition to the reimbursements, be obligated to pay a reasonable attorney's fee and costs incident to any action commenced by the Town to collect such fees. Reasonable attorney's fees shall also include any disbursements that may result from the commencement of litigation. Any owner shall be deemed to be in default of their obligation of fee reimbursement for their failure to remit said reimbursements within 30 days of notice to pay.
E. 
The Town may assess penalties at the rate of approved by the Town Board for delinquent reimbursements.
Any payment of a fee or administrative cost to the Town is not refundable regardless if a permit or certificate has been issued pursuant to this chapter.
The failure of the owner to pay any administrative cost, fee, penalty or expense incurred by the Town in connection with the administration and/or enforcement of this chapter shall be assessed against the land subject to any action prescribed within this chapter and shall be levied and collected in the same manner as provided in the Town Law of NYS for the levy and collection of Town taxes or special ad valorem levies.
A. 
Any person directly affected by a decision of the Code Enforcement Officer or a notice or order issued under this chapter shall have the right to appeal to the Zoning Board of Appeals of the Town pursuant to Zoning Law[1] or any successor rules, regulations or statutes.
[1]
Editor's Note: See Ch. 350, Zoning.
B. 
Limitations on authority. An application for appeal shall be based on a claim that the intent of this chapter or the rules legally adopted herein has been incorrectly interpreted, the provisions of this chapter do not fully apply, or an equivalent method of construction, which such method shall be prepared by, and bear the stamp of, a registered design professional, is proposed. The Zoning Board of Appeals of the Town shall have no authority to waive any requirements of the Energy Code, Multiple Residence Law and/or Uniform Code.
A request for a variance from the provisions of the Energy Code or the Uniform Code and an appeal to review a determination of or failure to render a determination by the Code Enforcement Officer based upon the Energy Code or the Uniform Code shall be processed with the appropriate NYS Board of Review as provided in Part 1205 of Title 19 of NYCRR as currently in effect and as hereafter amended from time to time or any successor rules, regulations or statutes. Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the Energy Code, the Uniform Code or any successor rule, regulation or statute, no permit or certificate for such work shall be issued except pursuant to written order of the appropriate Board of Review.
Appeals of a determination, notice and/or order by the Code Enforcement Officer shall stay the enforcement of the determination, notice and/or order until the appeal is heard by the AHJ pursuant to this article.