[HISTORY: Adopted by the Town Board of the
Town of Southeast 10-17-1991 by L.L. No. 4-1991. Amendments noted where
applicable.]
GENERAL REFERENCES
Alarm systems – See Ch. 39.
Numbering of buildings – See Ch. 54A.
Unsafe buildings — See Ch. 55.
Driveways – See Ch. 64.
Excavations and grading — See Ch. 69.
Explosives and blasting — See Ch. 71.
Flood damage prevention — See Ch. 74.
Historic sites – See Ch. 83.
Rental housing – See Ch. 108.
Sewers and water — See Ch. 112.
Stormwater management and erosion and sediment control – See Ch. 119.
Streets and sidewalks — See Ch. 121.
Subdivision of land — See Ch. 123.
Zoning — See Ch. 138.
The Uniform Fire Prevention and Building Code
of the State of New York grants to the local governments the power
to designate local officials to enforce the code. Now, in furtherance
of that authority and to create procedures for the enforcement of
the code, this chapter is enacted to take effect immediately.
A.
There is hereby created in the Town of Southeast a Building and Fire Prevention Department which shall be charged with enforcement of the Uniform Code and with enforcement of Chapters 55, 69, 71, 74, 105, 112, 122, 123 and 138 of the Code of the Town of Southeast.
[Amended 6-8-2017 by L.L.
No. 6-2017]
B.
The following officials shall make up the Department,
shall be enforcement officers as defined in Section 606.3 of the Uniform
Code and are designated to enforce the Uniform Code and this chapter
and are authorized to issue appearance tickets for violations thereof
C.
The fire underwriters are designated to assist the
enforcement officers on all electrical code reviews, and the code
enforcement officers are authorized to act on such advice in the enforcement
of the Uniform Code and to deny permits where the fire underwriters
determine violations exist. But nothing hereon shall be deemed to
make any of such fire underwriters employees of the Town of Southeast.
D.
The enforcement officers are hereinafter referred
to as "officers."
E.
Duties.
(1)
Said officers shall keep record of their acts and
decisions and shall render to the Town Board monthly, in writing,
a detailed statement of buildings erected or altered during the month
preceding, or permits issued and of the estimated cost of work covered
by such permits, of inspections made, violations found and actions
taken with respect to such violations and of certificates of occupancy
issued.
(2)
Dereliction of an officer in his duties shall not
legalize any violation of the provisions of this chapter.
In his own person or that of a duly delegated
subordinate and upon exhibition of proper identification, the officer
shall have, for the purposes herein specified, the right of entry
at reasonable hours to any existing nonresidential building or to
any part of any building upon which building work is being carried
on.
The officer shall have authority to order, conduct
or accept tests for any building materials or construction and to
prescribe the procedure for the approval of new materials or construction
not covered in this code.
Where the Town of Southeast has, by contract,
agreed to make fire inspections out of the Town, any enforcement officer
designated by this chapter is authorized to make such inspections.
The schedule of fees for building permits, occupancy
permits and demolition permits to be paid to the Town of Southeast
shall be in accordance with the fee schedule adopted by the Town as
the same may be revised from time to time by properly adopted resolution
of the Town Board. A copy of the Town of Southeast Fee Schedule shall
be available from the Town Clerk.
Any owner, builder, occupant or other person
desiring to engage in any of the activities listed below, prior to
engaging in such activity, shall file an application for permit with
the Building and Fire Prevention Department on the form provided by
that Department, together with the fee listed for the designated activity
set out below:
|
Type of Permit or Activity
|
Fee
|
|---|---|
|
Service or filling station station, per pump-out,
per tank
|
$25
|
|
Public garage, per year
|
$50
|
|
Tanks (new and replacements, except water),
per tank
|
$25
|
|
Dry cleaning or dry-cleaning establishment,
per year
|
$50
|
|
Manufacturing by using flammable liquids, per
year
|
$50
|
|
Bulk storage of paints, varnish and/or oils
(includes hardware and paint stores), per year
|
$50
|
|
Bulk storage or sales of flammable liquids,
per year
|
$50
|
|
Sale or storage of explosives, per year
|
$50
|
|
Bowling establishments, refinishing of pins
and alleys, per lane
|
$10
|
|
Combustible fibers, per year
|
$50
|
|
Commercial compressed and liquid petroleum gas
storage, per tank, per year
|
$50
|
|
Storage and sale of small arms ammunition, per
year
|
$50
|
|
Fireworks display and discharge, per display
|
$25
|
|
Spraying or dipping operations, per year
|
$50
|
|
Stored tank vehicles for flammable and combustible
liquids, per vehicle, per year
|
$25
|
|
Hazardous chemicals, per year
|
$50
|
|
Places of assembly (excluding schools and places
of worship), per year
|
$50
|
|
Tents, per tent
|
$25
|
|
Welding and cutting, per year
|
$50
|
|
Blasting (see Chapter 71)
|
—
|
|
Transport of explosives, per trip
|
$50
|
|
Storage or handling of any catalytic agent necessary
for the manufacture of plastic materials, per year
|
$50
|
|
Retailer, jobber or wholesaler storing or handling
of more than 25 pounds of cellulose nitrate plastics (pyroxylin),
per year
|
$50
|
No land shall be altered and no building or part thereof or any major feature of the equipment shall hereafter be moved, erected, constructed, reconstructed, demolished, extended or altered except in conformity with the Uniform Code, the applicable provisions of the Town Code and the provisions of § 54-9, and a valid building permit shall have been issued by the Building and Fire Prevention Department for the same.
A.
Application requirements.
(2)
Building. Such application shall be accompanied by
drawings to accurate scale in ink, blueprint or tracing and typewritten
specifications in duplicate, and any additional detailed drawings
or other information required by the Building Inspector shall also
be furnished in duplicate. In the event that the estimated cost of
construction of the proposed work exceeds $10,000, exceeds 1,200 square
feet or, in the opinion of the Building Inspector, entails significant
structural construction or alteration, the drawings shall be prepared,
signed and stamped by an architect or professional engineer licensed
to practice in the State of New York. Drawings shall give the locations
of the building and live floor loads, if other than those specified
in the Uniform Code, kinds of occupancies, number of families or occupants
and all necessary information with reference to existing constructions
and shall include a property survey. The application for a permit
shall give the name and address of the applicant, the architect and
the builder and the full name and address of the owner of the property.
Each application shall state the estimated cost of the undertaking.
All facts are in the judgment of the Building Inspector. If the estimated
cost is manifestly incorrect, the Building Inspector may himself estimate
the cost of the work, and the expense of such estimate shall be paid
by the applicant. Any applications may be amended or corrected and
must be amended if any major modification in the actual work may be
made until, after such amendment of application, the permit shall
have been amended or a new permit issued.
(3)
In the event of the abandonment, as hereinafter defined,
of any project for which a permit was required or was issued hereunder,
the surface of the land shall be restored to its condition prior to
any excavation or removal of material or, in the discretion of the
Building Inspector, the site and any structures thereon shall be made
secure, which shall include but not be limited to adequate fencing
of the property and boarding or other closure of the structures.
B.
In the event that any owner, person, corporation, contractor or worker shall commence any of the actions set out in Subsection A hereof without first obtaining a valid permit therefor, an enforcement officer of the Town of Southeast shall issue a stop order, giving a copy thereof to a person on the premises, if any, and post a copy of such stop order on the front of the premises or lot on which such work is being done. Such posting alone shall be deemed sufficient compliance herewith.
(2)
Stop-work order. The stop-work order shall direct
that all work cease forthwith and shall provide notice that a copy
of the order will be delivered to the Zoning Board of Appeals of the
Town of Southeast and that any person affected by such order may be
heard with respect to the same at the next Zoning Board of Appeals
meeting, giving the date, place and time thereof, after which hearing
such Zoning Board of Appeals shall either affirm or rescind such order.
(3)
Obtaining a permit after a stop-work order.
(a)
If the enforcement officer shall determine that the
failure to obtain a building permit was willful, the officer may,
prior to the issuance of such permit, require the premises to be restored
to the condition prior to the commencement of such work and shall
give dated, written notice of determination to require restoration
to the person applying for such permit at the time of application.
(b)
The applicant may appeal such determination by giving written notice to the Building Inspector and Zoning Board of Appeals within 10 days of the issuance date of the notice of determination to require restoration as set out in Subsection B(3)(a) hereof. The Zoning Board of Appeals shall, not more than 45 days after receipt of such appeal, hold a hearing on the same, giving notice of the date, time and place thereof to the applicant by certified mail to the address which is required to be provided by the applicant when filing the appeal. If, after hearing, the appeal shall be denied, the property shall be restored to its original condition forthwith.
(c)
Where a stop-work order has been validly issued, no
building permit shall subsequently be issued unless and until any
and all fees, fines or other penalties assessed pursuant to this code
have been paid.
A.
Copies of all approved plans and specifications shall
be kept on file by the Inspector, and one set of officially stamped
copies shall be returned to the applicant upon issuance of the permit.
Filed copies shall be regarded as public records and open to inspection,
but this shall not authorize the copying of any plan or the furnishing
of copies of any specification or part thereof.
B.
The officer shall issue a written permit for the prosecution of the work after determining that the plans and specifications and the prospective uses comply with the requirements of this chapter, Chapter 138, Zoning, hereof and the state laws and that any retained existing construction is in good and safe condition.
C.
During the progress of the construction, a set of
plans and specifications bearing the certification stamp or signature
of the Inspector at all times shall be kept on the premises involved.
All work shall be carried on in strict accordance with such plans
and specifications.
D.
The provisions of this chapter shall not apply to
any building for which a permit has been heretofore issued, provided
that work on such building shall have commenced within 30 days from
the time of passage of this chapter, and provided further that such
work shall be completed in its entirety within one year from such
time of passage.
E.
Unless actual construction work is begun within six
months of the date of any permit (or in the case of any demolition,
within two months), then such permit shall expire by limitations,
except that the Inspector may postpone such expiration date not more
than six months in his discretion. In case of expiration of a permit,
no fees paid shall be refunded to the applicant. Failure to commence
construction within six months of any extension thereof shall be deemed
in abandonment for purposes of this chapter.
F.
A permit may be revoked because of any false statement or misrepresentation of material fact in application or because of failure to supply additional information required within a reasonable time or because the work is not being executed in accordance with this chapter, Chapter 138, Zoning, of the Code of the Town of Southeast or the state laws. Notice of the revoking of a permit shall be deemed to be duly given by service upon a responsible individual in charge at the premises or posting such notice on the premises and by mailing a copy thereof to the post office address of the party to whom the permit was issued. It shall be unlawful to proceed with any building work after the revocation of a permit, nor shall any permit be reissued after revocation while any violation of this chapter or any local law exists.
G.
Extension of permit.
(1)
A building permit shall be valid for a period of one
year from date of issuance. Upon written application by the permit
holder containing a showing of hardship or unavoidable delay, the
Building Inspector may, at his discretion, grant one extension for
one year.
(2)
In the event that an applicant shall be aggrieved
by a denial of any such extension, an appeal may be taken to Board
of Appeals by filing a notice of appeal, in writing, within 10 days
of such denial with the Board of Appeals and the Building Department,
with a fee payable to the Town in the amount set forth in the Town
Fee Schedule,[1] as that schedule may be amended from time to time. The
Board of Appeals shall then review the matter and render a decision
thereon, in writing, to the applicant.
[1]
Editor's Note: Copies of said Fee Schedule
are available in the office of the Town Clerk.
A.
No building hereafter constructed, extended, reconstructed
or altered shall be occupied until a certificate of occupancy is issued
by the Building Inspector, except that any building occupied during
alteration may continue to be occupied in accordance with the provisions
of this chapter for 30 days succeeding the completion of such alteration.
A certificate of occupancy shall certify that the building involved
conforms to the requirements of this chapter for the proposed occupancy
which shall be stated in the certificate. Such a certificate shall
be issued by the officer within 10 days of the date of application
therefor, if the building was entitled to such certificate at the
time the application was made.
C.
No change in the nature of occupancy shall be made
unless such change is authorized under the provisions of this chapter
and is covered by the certificate of occupancy.
D.
No temporary certificates of occupancy may be issued
for a building or part of a building in advance of the completion
of the whole.
A.
Any building to be demolished shall be taken down
story by story. No materials shall be placed on any floor during demolition
that would render it unsafe, but all shall be at once lowered to the
ground.
B.
Prior to commencing any demolition, a permit for the
same shall be obtained from the enforcement officer by filing an application
therefor, together with proof of a general liability insurance of
at least $1,000,000 insuring against personal injury and property
damage resulting from such demolition.
C.
No application is required and no permit shall be
necessary in the case of ordinary repairs, but such repairs shall
not include any alterations such as the cutting away or removal of
any part of any bearing wall, the removal or cutting of any beam or
support, any change in or closure of any stairway or exit, the construction
or alteration of any part of the plumbing system or of the electric
wiring or replacement of the heating apparatus of any building.
[Added 6-4-2020 by L.L.
No. 5-2020]
A.
Establishment. There is hereby established a temporary permit for
outdoor dining to be administered by the Town Building Department.
The purpose of the temporary permit is to allow fast casual restaurants,
fast-food restaurants, bakeries, delicatessens, ice cream/yogurt parlors
and similar types of retail establishments offering food or beverages
for onsite consumption (hereinafter referred to collectively as a
"food service establishment") in existence on the effective date hereof
to establish a temporary outdoor seating area or expand or temporarily
expand an outdoor seating area subject to an outdoor dining permit
issued by the Town of Southeast Building Inspector pursuant to the
following regulations.
B.
Regulations.
(1)
Term. An outdoor dining permit shall commence upon issuance
by the Building Inspector and shall be for a term of no more than
six months or may expire earlier upon the lifting of any executive
order of the Governor of the State of New York which restricts or
prohibits indoor dining in establishments due to the continued Covid-19
Pandemic of 2020. Upon termination of outdoor dining permit, all areas
used and utilized for such outdoor dining activities shall be restored
to the preexisting conditions. Failure to comply with such removal
and restoration requirements may subject the permittee to fines and
penalties as set forth in this chapter.
(2)
Location. Eligible locations for outdoor dining and sidewalk
cafes include existing parking lots, decks, patios, terraces, lawn,
sidewalks, and gardens which are adjacent to or within a reasonably
proximate distance from the food service establishment to allow for
safe and efficient service to patrons from the food service establishment.
(3)
General operating rules.
(a)
No outdoor dining operation can occur without meeting the minimum
state standards, as well as applicable federal requirements, including
but not limited to such minimum standards of the Americans with Disabilities
Act (ADA), Centers for Disease Control (CDC), Environmental Protection
Agency (EPA), and the United States Department of Labor's Occupational
Safety and Health Administration (OSHA). Outdoor dining permit holders
shall be required to observe and meet all requirements of the "Interim
Guidance for Outdoor and Public Take-Out/Deliver Food Service During
the Covid-19 Public Health Emergency" dated as of June 3, 2020 issued
by the New York State Department of Health, as the same may be amended
from time to time.
(b)
All outdoor dining operations must meet social distancing requirements
and follow all applicable health guidelines and guidance as set forth
by the CDC, New York State (including executive orders) and Putnam
County Department of Health.
(c)
Applicants must provide a floor plan diagram indicating the
total square footage of property to be used for the outdoor dining
area; the location of all tables and chairs; pedestrian and dining
areas; width and length of dining area; fire access; ADA access; the
location of any tents or awnings, and permanent obstructions (signs,
utility poles, hydrants, etc.).
(d)
Applicants must provide the existing indoor capacity of the
food service establishment based on the current certificate of occupancy
and/or Putnam County Department of Health approvals. A permit for
outdoor dining shall not exceed the current occupancy limits of the
indoor establishment.
(e)
Applicants must provide a parking table that includes the existing
and proposed number of parking spaces, number of employees, and proposed
number of patron seats. The parking table should also indicate if
a designated curbside pickup space is provided.
(f)
Entryways, emergency exits, and fire hydrants shall not be obstructed.
(g)
No outdoor entertainment, music or public address system, nor
any other forms of noise generation, shall be permitted within the
outdoor dining area.
(h)
No outdoor dining shall be permitted after 9:00 p.m. on weekdays
and 10:00 p.m. on Fridays and Saturdays.
(i)
No exterior lighting which unreasonably illuminates beyond the
boundaries of the outdoor dining area shall be permitted.
(j)
Where the outdoor dining area occupies sidewalks, parking areas
or other space which is not owned by the applicant or specifically
occupied by the applicant pursuant to a written lease agreement, the
applicant shall provide a written, signed and notarized consent of
the owner of the property or properties upon which an outdoor dining
area is proposed to be operated. If the owner(s) of such area are
a different party than the applicant, prior to the issuance of the
permit, there shall be an agreement executed by the owner and applicant
to defend and save harmless the Town of Southeast, its officers and
employees against any loss, liability or damages sustained by any
person or to any property as a result of the operation of the outdoor
dining area, together with a certificate of insurance issued to both
the owner and tenant as insureds and naming the Town, its officers,
and employees as additional insureds, in the minimum amount of $1,000,000
single-limit general liability coverage approved by the Town Attorney.
(k)
For restaurant operations on a public or private sidewalk, or
public right-of-way:
[1]
Sidewalks fronting the entire property must be in good condition,
without violations or illegal encroachments.
[2]
No permanent structures may be affixed to the sidewalk area
used for the outdoor dining area and the area may only be occupied
by chairs, tables, benches, umbrellas and planters for the convenience
of the patrons. However, the sidewalk area used for the outdoor dining
must be marked off and the boundaries of the approved areas clearly
delineated by railings, ropes, plants or similar enclosures.
[3]
Sidewalk clearances must always be sufficient to ensure a pedestrian
path free of obstructions. There must be a minimum clearance of four
feet from the curb to the sidewalk area used for the outdoor dining
area.
(l)
For restaurant operations in parking lots:
[1]
The parking lot area used for the outdoor dining must be marked
off and the boundaries of the approved areas clearly delineated by
railings, ropes, planters or similar enclosures.
[2]
The dining area must be a safe distance from parked vehicles
and vehicular traffic. Distance should be indicated on the floor plan
diagram submitted herewith.
[3]
Walkway clearances must always be sufficient to ensure an accessible
path free of obstructions.
(4)
Insurance requirements. Every business must secure and maintain
throughout the term of the temporary outdoor dining permit liability
insurance issued by a company duly authorized to do business in the
State of New York, insuring the business and the Town of Southeast
and to hold them harmless from and against any claim, injury, or damage
caused or alleged to be caused by or as a result of the construction,
operation or use of the outdoor dining area and any structure hereby
authorized in the following minimum amounts:
(a)
For bodily injury, including death, in the minimum amount of
$100,000 for any one person and the minimum amount of $300,000 for
any one accident; and
(b)
For property damage in the minimum amount of $25,000. Failure
to maintain insurance coverage in the foregoing amounts shall cause
the immediate revocation of the permit.
(c)
The permit to operate outdoor dining shall be immediately revoked
if the holder of such license fails to maintain the insurance coverage
required pursuant to this subsection of the section, except that such
license may be reinstated if such holder presents proof satisfactory
to the Town Attorney that the required insurance coverage is in full
force and effect.
(5)
Modification/suspension/revocation. The Town, through its Code
Enforcement and Building Inspector shall have the right, upon inspection
of the permit application or the outdoor dining area, to require modifications
of the outdoor dining facility and/or to terminate outdoor dining
operations if it is determined that such existing conditions present
a harm to public health and safety.
[Added 6-18-2020 by L.L.
No. 6-2020[1]]
A.
Open burning prohibited. It shall be unlawful for any person to burn,
kindle, maintain, suffer, allow or conduct an open burning or open
fire unless such activity is undertaken pursuant to a valid permit
issued pursuant to this section and/or the provisions of New York
State law and New York State Department of Environmental Conservation
regulations.
B.
ACQUIRED STRUCTURE
AGRICULTURAL LAND
AGRICULTURAL WASTE
CAMPFIRE
GARBAGE/REFUSE/RUBBISH
ON-SITE BURNING
OPEN FIRE
UNTREATED WOOD
Definitions.
A structure donated or loaned from a property owner for the
purpose of conducting fire training.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse boarding
operation and timber processing. Such farm operation may consist of
one or more parcels of owned or rented land, which parcels may be
contiguous or noncontiguous to each other.
Any waste from naturally grown products such as vines, trees
and branches from orchards, leaves and stubble. In addition, any fully
organic waste either grown or generated on the premises, including
but not limited to paper feed bags, wood shavings used for livestock
bedding, bailing twine, and other nonplastic materials. Agricultural
waste does not include pesticide containers, fertilizer bags, large
plastic storage bags (including bags commonly known as "Ag bags"),
offal, tires, plastic feed bags, and other plastic or synthetic materials.
A campfire or any other outdoor open fire less than three
feet in height, and less than four feet in length and width or diameter.
All waste material, including, but not limited to garbage,
rubbish or dead animals; animal and vegetable waste material resulting
from the handling, preparation, cooking and serving of food; solid
or liquid waste material, including, but not limited to, paper products,
rags, leaves, vines, lawn and garden debris, furniture, cans, crockery,
cartons, plastics, chemicals, paint, grease, slugs, oils or other
petroleum based products, wood and sawdust; construction and demolition
materials; tires, automobiles and other vehicles and parts, which
are junk, for salvage or disposal.
The burning of material, grown or generated on a particular
property, in an open fire on the same property. For purposes of this
definition, the same property shall include only property that is
geographically contiguous and under the control or ownership of the
same person.
Any outdoor fire or outdoor smoke producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
Open fires include burning in barrels or modified barrels. Open fires
do not include burning in outdoor furnaces or boilers that are used
to heat buildings when the devices are actually used for such purpose,
fires in camp fires, barbecue pits, outdoor candles, outdoor fireplaces,
and wood, gas or charcoal grills designed for cooking food for human
consumption.
For the purposes of this section, any wood or lumber which
is not chemically treated, coated, stained, sealed, glued or otherwise
adulterated. Untreated wood does not include such materials as pressure
treated lumber, plywood, particle board, fiberboard, and oriented
strand board.
C.
Permit required. Burning in an open fire, provided it is not conducted
in contravention of this section nor contrary to other laws and regulation,
will be allowed only upon the issuance of a written burn permit issued
by the office of the Town Clerk, in each instance first obtained,
on a form prescribed by the Town Board.
D.
Restrictions.
(1)
A burn permit is only valid between May 15 and March 15 of the succeeding
calendar year.
(2)
The burn permit shall be issued for a thirty-day period only and
may be renewed provided that there are no outstanding violations of
this section.
(3)
Burning may only be conducted from 8:00 a.m. to dusk, Monday through
Saturday only. No burning is permitted on Sunday or on any legal holiday.
(4)
No additional material may be added to an open burn pile less than
three hours prior to dusk on any given day.
(5)
No person shall start or maintain an open fire within 50 feet of
any building or structure.
(6)
Materials permitted to be burned pursuant to a burn permit shall
be limited to brush and tree limbs not more than six inches in diameter
and eight feet in length and dry shrubbery.
(7)
Leaves, plastics (including bags), trash, garbage/refuse/rubbish,
tires, synthetic materials, chemically treated wood, wood that has
been coated, stained, painted or glued, petroleum based products,
plywood, fiberboard, particle board, oriented strand board and/or
any other construction materials or debris are prohibited from being
burned at any time.
(8)
Piles of burning material shall be maintained at an appropriate size
at all times so that it can be managed. Only one pile of burnable
material may be ignited, sustained and burned at any one time on each
site.
(9)
A burn permit holder or other person in excess of 18 years of age
shall be in attendance of the open fire at all times. No open fire
shall be left unattended until the fire is completely extinguished.
(10)
The burn permit holder and/or permitted attendant shall have
sufficient means handy to control and extinguish the open fire at
all times. Such means shall include at least a hose attached to a
working water source with sufficient water quantity and pressure to
extinguish the open fire.
(11)
Materials to be burned will be isolated to the extent practicable
to prevent the open fire from escaping the open fire burn pile or
from spreading to other combustible areas or materials in close proximity
to the open burn. The pile of material to be burned shall be kept
small enough for one person to maintain at all times.
(12)
The holder of the burn permit shall be solely liable for any
damage to the property of another, or for personal injury to any other
person resulting from fires kindled by the permit holder or his/her
agents or from smoke generated by any fire kindled, ignited or sustained
by the holder of the burn permit.
(13)
In the event it becomes necessary for the open fire to be extinguished
by local officials or by the Brewster Fire Department or by any other
fire department providing mutual aid, the burn permit holder may be
held criminally liable and punishable by a fine as set forth the penalty
section of this chapter. In addition, the burn permit holder may also
be held civilly liable for the costs incurred by such authorities
in connection with the suppression of such fire.
(14)
A Town enforcement official may suspend or revoke any burn permit
where it is determined that the burn permit holder, his or her employees
or agents, has violated any of the foregoing regulations. In the event
there is a declaration of drought or enhanced threat of wild fire,
such burn permit shall be suspended automatically for the duration
of such drought emergency.
E.
Exceptions.
(1)
No burn permit shall be required for barbecue grills, maple sugar
arches and similar outdoor cooking devices when actually used for
cooking or processing food only using propane, charcoal, or by untreated
wood.
(2)
No burn permit shall be required for small fires that are used to
dispose of a flag(s) or religious item, and small fires or other smoke
producing processes where not otherwise prohibited by law that are
used in connection with a religious ceremony.
(3)
No burn permit shall be required where burning is required on an
emergency basis for disposal of explosive or other dangerous contraband
materials conducted by police or other public safety organization.
(4)
No burn permit shall be required for open fires when a governmental,
municipal or fire district authority is conducting an open fire in
connection with the burning of an acquired structure and/or in connection
with the training of personnel in firefighting techniques or in testing
and/or maintenance of firefighting equipment.
F.
Notification. After issuance of a burn permit and not less than one
hour prior to commencement of, ignition or re-ignition of a burn pile,
the burn permit holder shall notify the Putnam County Bureau of Emergency
Services of its intention to ignite the open fire. Such notification
can be made by telephone at (845) 225-4860. Failure to make the required
notification shall be deemed a violation of this section and may subject
the burn permit holder to suspension or revocation of the burn permit
together with such other fines and penalties as may be assessed pursuant
to this chapter.
G.
Enforcement. The provisions of this section shall be enforced by
the Fire Inspector, Building Inspector, Assistant Building Inspector(s),
Code Enforcement Officer(s), members of the fire police of the Brewster
Fire Department and/or any police or peace officer duly authorized
and empowered under the laws of the State of New York.
A.
Any owner, lessee, architect, builder or occupant
or the agent of any of them who violates or is an accessory to the
violation of any provision of this chapter, including failure to apply
for a building permit prior to commencement of construction or a certificate
of occupancy upon completion, shall be guilty of a violation of this
chapter and shall be subject to a fine of not less than $300 nor more
than $1,500 for each such violation. Each week's violation shall constitute
a separate offense.
B.
The Building Inspector shall issue an appearance ticket
or information for such violation requiring the alleged violator's
appearance in Town of Southeast Justice Court.
C.
Any commencement or recommencement of work by any
owner, lessee, architect, builder or occupant or the agent of any
of them subsequent to issuance of an appearance ticket or information,
but prior to final adjudication of the alleged violation, shall constitute
an additional and separate offense for each day that such work continues.
D.
Violations of the New York State Uniform Fire Prevention and Building Code shall be subject to the penalties set out in § 382 of the Executive Law, except that if such violations are charged under this § 54-13D of this chapter then such charges shall be violations and shall subject the violators to a fine of not less than $100 nor more than $250 or imprisonment for a period not to exceed 15 days, or to both such fine and imprisonment. Each day the violation continues shall constitute a separate offense.
[Amended 8-1-2019 by L.L.
No. 6-2019; 6-18-2020 by L.L. No. 6-2020]
Any applicant for a permit under this chapter or any owner,
lessee, architect or agent thereof who has been denied a permit under
this chapter, or who has had such permit suspended or revoked, shall
have the right to appeal such decision to the Zoning Board of Appeals,
provided that such appeal is filed within 60 days of such denial,
suspension or revocation. The Zoning Board of Appeals shall hear and
take action on such appeal at its next regular meeting following the
date such appeal was tiled provided such appeal was filed in a timely
fashion.
