[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 5-28-1956 (Ch. 55 of the 1976 Code); amended in its entirety 4-26-2021 by L.L. No. 5-2021. Subsequent 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 New York State Energy Conservation Construction Code in the Village
of Lancaster. This chapter is adopted pursuant to § 10 of
the Municipal Home Rule Law. Except as may otherwise be provided in
the New York State Uniform Fire Prevention and Building Code or state
law, all buildings, structures, and premises, regardless of use or
occupancy, are subject to the provisions this chapter.
As the following terms are used in the chapter:
A permit issued pursuant to § 104-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 104-16 of this chapter.
The New York State Energy Conservation Construction Code,
as currently in effect and as hereafter amended from time to time.
A permit issued pursuant to § 104-23 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
Includes 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.
An order issued pursuant to § 104-15 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
[Added 12-12-2022 by L.L. No. 7-2022]
A certificate issued pursuant to section § 104-19 of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Lancaster.
A.
The Building Inspector shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, the Village Code and all other
provisions of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof.
B.
The authority and duties of the Building Inspector in undertaking
the duties set forth above shall include the following:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy and temporary certificates, and
the plans, specifications and construction documents submitted with
such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy and temporary certificates, and to include in building
permits, certificates of occupancy, certificates of compliance and
temporary certificates such terms and conditions as the Building Inspector
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy and temporary certificates,
and all other inspections required or permitted under any provision
of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To pursue administrative enforcement actions and proceedings;
(9)
To pursue such legal actions and proceedings as may be necessary
to enforce the Uniform Code, the Energy Code, the Village Code or
to abate or correct conditions not in compliance with the Uniform
Code, the Energy Code or the Village Code;
(10)
To require the performance of tests in the field by experienced
or professional persons or by accredited and authoritative testing
laboratories, service bureaus or agencies whenever the same may be
necessary or appropriate to assure compliance with the provisions
of applicable laws, ordinances or regulations covering building construction,
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter.
(12)
To exercise all other powers and fulfill all other duties as
may be, from time to time, designated or delegated by the Village
Board.
A.
Except as otherwise provided by the provisions of Subsection D, no person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change of any building or structure or the plumbing thereof or in the nature of the occupancy of any building or structure or the plumbing thereof, including, the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit, or cause the same to be done, without first obtaining for each such building or structure a separate building permit from the Building Inspector or such other person as the Board of Trustees may from time to time indicate.
B.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Building Inspector. The application shall be signed by the
owner of the property where the work is to be performed or an authorized
agent of the owner. The application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that the intended work complies with all
applicable requirements of the Uniform Code and the Energy Code. The
application shall include or be accompanied by the following information
and documentation:
(1)
A description of the proposed work;
(2)
The tax map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which define the scope of the proposed work; are prepared by a New
York State registered architect or licensed professional engineer
where so required by the Education Law; 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 Energy
Code; and where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
(6)
All required insurances need to be in place at time of application.
C.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection B(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
D.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(5)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(6)
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; or the
removal from service of all or part of a fire protection system for
any period of time.
E.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection D of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
F.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Building
Inspector of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Building Inspector
determines that such change warrants a new or amended building permit,
such change shall not be made until and unless a new or amended building
permit reflecting such change is issued.
The Building Inspector may revoke a building permit theretofore
issued and approved in the following instances:
A.
If it is found that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
B.
If it is found that the building permit was issued in error and should
not have been issued in accordance with the applicable law.
C.
If it is found that the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans
or specifications.
D.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop-work order issued by the Building
Inspector.
E.
If the Building Inspector determines that the work for which a building
permit was issued violates the Uniform Code or the Energy Code, the
Building Inspector shall revoke the building permit or suspend the
building permit until such time as the Permit Holder demonstrates
that all work then completed is in compliance with all applicable
provisions of the Uniform Code and the Energy Code and all work then
proposed to be performed shall be in compliance with all applicable
provisions of the Uniform Code and the Energy Code.
A building permit which has become invalid or which has expired
pursuant to this subsection may be renewed upon application by the
permit holder, payment of the applicable fee, and approval of the
application by the Building Inspector.
A.
When a structure, excavation and/or foundations has been created
and not completed within the effective period of the building permit,
the structure, excavations and/or foundation shall be deemed abandoned.
The owner and contractor shall be notified, in writing, to disassemble
and remove the structure and/or fill in the excavation and/or the
foundation up to the original ground level with clean earth and to
seal up any sewer connections that may exist on the property. Said
notice shall be served on the owner and contractor by certified or
registered mail at their last known place of residence.
B.
In the further event that the owner or contractor fails to comply with notice served in accordance with Subsection A above of this section within 10 days after the date of mailing of said notice, then the Village of Lancaster may undertake the restorative measures which the owner or contractor failed to complete as directed and the said owner of the premises shall be liable to reimburse the Village for any expenditures thereby involved; or the Village may elect to assess the cost of so doing on the tax roll of the property involved.
The Building Inspector, upon the showing of proper credentials
and in the discharge of his duties, may enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere
with or prevent such entry.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform with the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance.
Upon the filing of an application for a building permit, the applicant shall pay the fees as provided in Chapter 144, Fees, of the Code of the Village of Lancaster.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter:
B.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
A.
The area of the ground floor shall not be less than 500 square feet,
exclusive of garages, porches and other additions, where there are
no bedrooms on the ground floor.
B.
The area of the ground floor shall not be less than 660 square feet,
exclusive of porches, garages and other additions, where bedrooms
occur on the first floor. The bedrooms on this level shall be limited
to two within this area, except that for each additional bedroom added
to the first floor, at least 80 square feet of floor space shall be
added to the area.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid fuel burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the Permit Holder
shall be notified as to where the work fails to comply with the Village
Code, Uniform Code or Energy Code. Work not in compliance with any
applicable provision of the Village Code, Uniform Code or Energy Code
shall remain exposed until such work shall have been brought into
compliance with all applicable provisions of the Village Code, Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Building Inspector is authorized to issue
stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector to be contrary
to any applicable provision of the Village Code, Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work, or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Building Inspector, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work, or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
Service of stop-work orders. The Building Inspector shall cause the
stop-work order, or a copy thereof, to be served on the owner of the
affected property (and, if the owner is not the permit holder, on
the permit holder) personally or by certified or registered mail.
The Building Inspector 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 their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified or registered
mail; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under the Village Code or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
[Amended 12-12-2022 by L.L. No. 7-2022]
A certificate of occupancy or certificate of compliance shall
be required for any work which is the subject of a building permit
and for all structures, buildings, or portions thereof, which are
converted from one use or occupancy classification or subclassification
to another. Permission to use or occupy a building or structure, or
portion thereof, for which a building permit was previously issued
shall be granted only by issuance of a certificate of occupancy or
certificate of compliance.
[Amended 12-12-2022 by L.L. No. 7-2022]
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure, or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
A.
A written statement of structural observations and/or a final report
of special inspections,
B.
Flood hazard certifications,
C.
A written
statement of the results of tests performed to show compliance with
the Energy Code, and
D.
Where
applicable, the affixation of the appropriate seals, insignias, and
manufacturer's data plates as required for factory manufactured buildings
and/or manufactured homes.
A certificate of occupancy shall contain the following information:
A.
The building permit number, if any;
B.
The date of issuance of the building permit, if any;
C.
The name, address and tax map number of the property;
D.
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
E.
The use and occupancy classification of the structure;
F.
The type of construction of the structure;
G.
The assembly occupant load of the structure, if any;
H.
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
I.
Any special conditions imposed in connection with the issuance of
the building permit;
J.
Certification that the work has been completed and that the proposed
use and occupancy is in conformity with the provisions of the applicable
building laws, ordinances and regulations and shall specify the use
or uses and the extent thereof to which the building or structure
or its several parts may be put; and
K.
The signature of the Building Inspector issuing the certificate of
occupancy and the date of issuance.
The Building Inspector shall be permitted to issue a temporary
certificate allowing the temporary occupancy of a building or structure,
or a portion thereof, prior to completion of the work which is the
subject of a building permit. However, in no event shall the Building
Inspector issue a temporary certificate unless the Building Inspector
determines that the building or structure, or the portion thereof
covered by the temporary certificate, may be occupied safely, that
any fire- and smoke-detecting or fire protection equipment which has
been installed is operational, and that all required means of egress
from the building or structure have been provided. The Building Inspector
may include in a temporary certificate such terms and conditions as
he or she deems necessary or appropriate to ensure safety or to further
the purposes and intent of the Uniform Code. A temporary certificate
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Building Inspector and specified
in the temporary certificate. During the specified period of effectiveness
of the temporary certificate, the permit holder shall undertake to
bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
If the Building Inspector determines that a certificate of occupancy
or a temporary certificate was issued in error because of incorrect,
inaccurate or incomplete information, and if the relevant deficiencies
are not corrected to the satisfaction of the Building Inspector within
such period of time as shall be specified by the Building Inspector,
the Building Inspector shall revoke or suspend such certificate.
[Amended 12-12-2022 by L.L. No. 7-2022]
The certificate of occupancy fee specified in or determined in accordance with the provisions set forth in Chapter 144, Fees, of this Village Code must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate.
A.
Operating permits required. Operating permits shall be required for conducting any activity listed in Subsection A(1), (2), or (3) below or operating any type of building or structure listed in Subsection A(4), or (5) below:
(1)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 5003.1.1(1), 5003.1.1(2), 5003.1.1(3),
5003.1.1(4) of the 2015 edition of the International Fire Code (a
publication currently incorporated by reference in 19 NYCRR Part 1225);
(2)
Hazardous processes and activities, including but not limited to,
commercial and industrial operations which produce combustible dust
as a byproduct, fruit and crop ripening, and waste handling;
(3)
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; and
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village Board.
An application for an operating permit shall be in writing on
a form provided by or otherwise acceptable to the Fire Inspector.
Such application shall include such information as the Fire Inspector
deems sufficient to permit a determination by the Fire Inspector that
quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Fire Inspector determines that tests or
reports are necessary to verify conformance, such tests or reports
shall be performed or provided by such person or persons as may be
designated by or otherwise acceptable to the Fire Inspector, at the
expense of the applicant.
The Fire Inspector or an Inspector authorized by the Fire Inspector
or the Village Board shall inspect the subject premises prior to the
issuance of an operating permit.
In any circumstance in which more than one activity listed in Subsection A of § 104-22 is to be conducted at a location, the Fire Inspector may require a separate operating permit for each such activity, or the Fire Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
[Amended 12-12-2022 by L.L. No. 7-2022]
A.
Operating
permits shall be issued for a specified period of time consistent
with local conditions, but in no event to exceed as follows:
(1)
180
days for tents, special event structures, and other membrane structures;
(2)
60
days for alternative activities at a sugarhouse;
(3)
Three years for the activities, structures, and operations set forth in § 104-22, other than § 104-22A(4), and
(4)
One year for all other activities, structures, and operations identified in § 104-22A(4).
B.
The effective
period of each operating permit shall be specified in the operating
permit. An operating permit may be reissued or renewed upon application
to the Code Enforcement Officer, payment of the applicable fee, and
approval of such application by the Code Enforcement Officer.
C.
Operating
permits shall remain in effect until reissued, renewed, revoked, or
suspended.
[Amended 12-12-2022 by L.L. No. 7-2022]
If the Code Enforcement Officer or Fire Inspector determines
that any activity or building for which an operating permit was issued
does not comply with any applicable provision of the Uniform Code,
such operating permit shall be revoked or suspended.
[Amended 12-12-2022 by L.L. No. 7-2022]
The operating permit fee, if and as may be set by the Village Board and specified in Chapter 144, Fees, of this Village Code, must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
[Amended 12-12-2022 by L.L. No. 7-2022]
[Amended 12-12-2022 by L.L. No. 7-2022]
[Amended 12-12-2022 by L.L. No. 7-2022]
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessments - general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Village, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)
Any parking garage constructed prior to the effective date of the
chapter enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this chapter.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Village within six months. Such condition
assessment report shall be sealed and signed by the responsible professional
engineer and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.
Review condition assessment reports. The Village shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Village shall, by order to remedy or such other means of enforcement as the Village may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsections (2) and (3) of Subsection F. All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Village to take any other enforcement action, including, but not limited to, suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.
The Village shall retain all condition assessment reports for the
life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the Village with a written statement attesting
to the fact that he or she has been so engaged, the Village shall
make the previously prepared condition assessment reports for such
parking garage (or copies of such reports) available to such professional
engineer. The Village shall be permitted to require the owner or operator
of the subject parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports
(or copies thereof) available to the professional engineer.
I.
This section shall not limit or impair the right or the obligation
of the Village:
(1)
To perform such construction inspections as are required by § 104-14, Construction inspections, of this chapter.
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 104-29, Fire safety and property maintenance inspections, of this chapter; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Village by means of its own inspections or observations, by
means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
[Added 12-12-2022 by L.L.
No. 7-2022]
A.
The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
[Added 12-12-2022 by L.L.
No. 7-2022]
[Added 12-12-2022 by L.L.
No. 7-2022]
[Added 12-12-2022 by L.L.
No. 7-2022]
A.
Orders to remedy. The Code Enforcement Officer is authorized to order,
in writing, the remedying of any condition or activity found to exist
in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. An order to
remedy shall be in writing; shall be dated and signed by the Code
Enforcement Officer; shall specify the condition or activity that
violates the Uniform Code, the Energy Code, or this chapter; shall
specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter which is/are violated by the specified condition
or activity; and shall include a statement substantially similar to
the following:
"The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy
by _______ [specify date], which is 30 days after the date of this
Order to Remedy."
B.
The order to remedy may include provisions ordering the person or
entity served with such order to remedy:
(1)
To begin to remedy the violations described in the order to remedy
immediately, or within some other specified period of time which may
be less than 30 days; to continue diligently to remedy such violations
until each such violation is fully remedied; and, in any event, to
complete the remedying of all such violations within 30 days of the
date of such order to remedy; and/or
(2)
To take such other protective actions (such as vacating the building
or barricading the area where the violations exist) which are authorized
by this chapter or by any other applicable statute, regulation, rule,
chapter or ordinance, and which the Code Enforcement Officer may deem
appropriate, during the period while such violations are being remedied.
C.
The Code Enforcement Officer shall cause the order to remedy, or
a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail within five days
after the date of the order to remedy.
D.
The Code Enforcement Officer shall be permitted, but not required,
to cause the order to remedy, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work being performed at the affected property personally
or by registered mail or certified mail within five days after the
date of the order to remedy; provided, however, that failure to serve
any person mentioned in this sentence shall not affect the efficacy
of the compliance order.
E.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
F.
Penalties. In addition to such other penalties as may be prescribed
by state law:
(1)
Any person who violates any provision of this chapter or any term, condition, or provision of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster; and
(2)
Any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.
G.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Lancaster, 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 occupancy, certificate of compliance, temporary certificate, stop-work
order, operating permit, order to remedy, 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, order to remedy or other order obtained under
the Uniform Code, the Energy Code or this chapter, an action or proceeding
may be commenced in the name of the Village of Lancaster, 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 Village Board of the
Village of Lancaster.
H.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 104-15, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. 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 other remedy or penalty specified in this section, in § 104-15, Stop-work orders, of this chapter, 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 section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, 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 Subdivision 2 of § 382 of the Executive Law.
[Added 12-12-2022 by L.L.
No. 7-2022]
Unsafe buildings, structures, and equipment and conditions of imminent danger in the Village shall be identified and addressed in accordance with the procedures established by Chapter 115, Buildings, Unsafe.
[Added 12-12-2022 by L.L.
No. 7-2022]
Appropriate actions and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises.
[Added 12-12-2022 by L.L.
No. 7-2022]
The Village Board of the Village of Lancaster may, by resolution,
enter into an agreement with other governments to carry out the terms
of this chapter, provided that such agreement does not violate any
provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
[Added 12-12-2022 by L.L.
No. 7-2022]
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, equip, use, occupy or maintain any building
or structure 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 Building inspector or to construct, alter, use and
occupy any building or structure or part thereof in a manner not permitted
by an approved building permit or certificate of occupancy.
B.
Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster. Each day that a violation continues shall be deemed a separate offense.
C.
Except as provided otherwise by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness, or otherwise, of any person convicted thereof.
D.
This section shall not apply to violations of the provisions of the
Multiple Residence Law punishable under § 304 of the Multiple
Residence Law of the State of New York.
[Added 12-12-2022 by L.L.
No. 7-2022]
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
