This chapter is adopted pursuant to Section 10 of the Municipal
Home Rule Law and regulates the construction and demolition of buildings
and structures within the Village of Williamsville as hereinafter
provided and provides for the administration and enforcement of the
Uniform Code, the Energy Code and the requirements of this chapter.
Except as otherwise provided in the Uniform Code, Energy Code, other
state law or other section of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this chapter. This chapter shall supersede any provisions of local
law not consistent herewith.
As used in this chapter, the following terms shall have the
meanings indicated below. Any terms not expressly defined herein shall
be interpreted pursuant to their ordinary meaning:
An extension or increase in area, height or equipment of
a structure.
Any change, rearrangement or addition to a structure, other
than repairs, or any modification in construction or in building equipment.
A citation issued pursuant to § 15-14.
Any requirements of the Uniform Code, Energy Code, this chapter,
the Village Code, any permit issued hereunder or any other statute,
local law, rule or regulations applicable to the activity regulated
hereunder.
An application or other written submission required to be
submitted for any approval or permit issued pursuant to this chapter,
including an application for a building permit, demolition permit,
fire prevention permit or operating permit.
As defined in the Uniform Code.
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls, and a roof, affording shelter
to persons, animals or property. Buildings include principal buildings
and accessory buildings, but do not include accessory structures,
as defined herein.
A building, the use of which is customarily incidental to that of, and located on the same lot as, the principal building. Subject to the Uniform Code and Chapter 112, a lot may contain more than one accessory building.
A building designed primarily to accommodate a principal use. An attached garage shall be considered part of a principal building. Subject to the Uniform Code and Chapter 112, a lot may contain more than one accessory building.
A certificate issued pursuant to § 15-5K of this chapter.
A certificate issued pursuant to § 15-4I of this chapter.
The Code Enforcement Officer appointed pursuant to § 15-3 of this chapter.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 15-13 of this chapter.
All the on-site work done in building or altering structures,
from land clearance through completion, including excavation, erection
and the assembly and installation of components and equipment.
That person, firm or corporation employed by the owner of
the property, empowered by written consent of the owner to perform
any activities authorized or permitted hereunder.
A change in the use of a building to another use which has
different requirements according to the Uniform Code.
The purposeful removal, deconstruction, or dismantling of
an existing structure or a portion thereof. Demolition shall not include
the repairing, remodeling or extending of an existing structure where
such is incidental to the improvement of that structure and the primary
intent is shown to be that of repairing, remodeling or extending the
existing structure.
The demolition of a building or structure ordered pursuant to § 15-9C of this chapter.
See § 112-2.
Plumbing, heating, electrical, ventilating, air conditioning,
refrigerating, elevators, dumbwaiters, escalators and other mechanical
additions or installations.
Any large machinery employed to complete the proposed construction
or demolition work, including, but not limited to, backhoes, excavators,
front-end loaders, tandem-axle dump trucks, tractor-trailers, dumpsters,
and cranes.
Any structure, typically composed of wood, metal, or materials intended to simulate wood or metal, enclosing in full or in part any open space, lot or yard, or dividing the same into distinct portions, or providing privacy or screening of all or part of any lot or yard. As used in this chapter, a fence does not include a hedge (as defined in Chapter 112) or other landscaping feature intended to provide privacy, screening or partition.
A building for housing a motor vehicle or vehicles.
A structure that has been designated as a landmark pursuant to Chapter 47, or has been identified as eligible for designation as a landmark as part of any official survey of historic resources conducted by the Village, or is listed or has been determined to be eligible for listing on the national or state registers of historic places.
An inspector appointed pursuant to § 15-3 of this chapter.
The division of any parcel into two or more lots, plats,
sites, or other division of land, which may or may not front on one
or more streets, for the purpose, whether immediate or future, of
transfer of ownership or development, including re-subdivision.
A permit issued pursuant to § 15-7 of this chapter, including any renewal, amendment or extension issued pursuant to any provision of this chapter.
The person who has the legal title to land together with
ownership of the building or structure located thereon.
An authorization for work issued pursuant to this chapter,
including a building permit and a demolition permit.
The person to whom a permit has been issued.
A permit issued pursuant to § 15-4 of this chapter, including any renewal, amendment or extension granted pursuant to any provision of this chapter.
A permit issued pursuant to § 15-5 of this chapter for demolition of an existing structure, including any renewal, amendment or extension granted pursuant to any provision of this chapter.
A permit issued pursuant to § 15-6 of this chapter.
A permit issued pursuant to § 15-7 of this chapter.
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 accessory structure constructed and intended for the use
of play by children, including swing sets, playhouses, climbing apparatuses
and similar structures.
A street, alley, sidewalk or other thoroughfare or easement
permanently established for passage of persons or vehicles. The term
public way shall be construed, when used herein, as though followed
by the words "or part thereof."
Replacement or renewal (excluding additions) of any part
of a building, structure, device or building equipment with like or
similar materials or parts for the purpose of maintenance, preservation
or restoration of such building, structure, device or building equipment.
See "public way."
Component parts of a structure being demolished, removed
or to be removed from said structure for reuse or resale.
A person or contractor identified in the application for
demolition, authorized by the owner, in writing, to remove items of
salvage from premises, which may or may not be the same person or
contractor designated by the owner as the demolition contractor.
A simple roofed structure, typically made of wood, metal
or plastic, used as a storage space, a shelter for animals, or a workshop,
but not for human habitation.
The actual confines of the area of work authorized pursuant
to an approval or permit issued under this chapter. The site as described
in the application for permit and as approved by the Code Enforcement
Officer therein shall be the only area approved for such work.
An order issued pursuant to § 15-12 of this chapter.
Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground, and associated with the use of a property, including buildings
(principal and accessory) and accessory structures, as defined herein.
Any structure, other than a building, associated with the
use of a property, including, but not limited to, walls, fences, decks,
patios, gazebos, pergolas, sheds, playsets, treehouses, nonportable
storage bins and storage tanks.
Any structure or part therefor so designated by the Board of Trustees, upon recommendation by the Code Enforcement Officer, pursuant to § 15-9A of this chapter.
Any structure or part thereof under construction or exterior
renovation for which no certificate of occupancy has been issued within
two years after issuance of a building permit.
A drawing, in final form, showing a proposed subdivision,
containing all information or detail required by law and by these
regulations which, if approved, may be duly filed or recorded by the
applicant in the office of the Erie County Clerk.
A certificate issued pursuant to § 15-4I(4) of this chapter.
An accessory structure constructed above grade, generally
in or connected to a living tree and intended for the use of play
by children.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
See § 112-2.
See § 112-2.
See § 112-2.
The Village of Williamsville.
When not used as a component of building, any continuous
or semi-continuous structure, typically of masonry construction, enclosing
or dividing, in whole or part, lot or yard.
Any construction, demolition or other activity undertaken
pursuant to a permit or other authorization issued under this chapter.
A.
The office of Code Enforcement Officer is hereby created. In addition
to any other powers and duties conferred in any chapter of this Code,
the Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code and this chapter, and, for the purposes
of this chapter, shall have the following powers and duties:
(1)
To receive, review and approve or disapprove applications for permits
(including building permits, demolition permits, fire prevention permits
and operating 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 permits (including building
permits, demolition permits, fire prevention permits, and operating
permits), certificates of occupancy, and temporary certificates, and
to include in any such approvals or permits such terms and conditions
as the Code Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of permits (including building permits, demolition
permits, fire prevention permits, and operating permits), certificates
of occupancy, and temporary certificates, 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;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
Recommend to the Board of Trustees to issue an order to repair or demolish unsafe structures (including buildings) pursuant to § 15-9;
(7)
To issue orders authorized by this chapter;
(8)
To maintain records incident to the administration of this chapter;
(9)
To collect fees as set by the Village Board of Trustees;
(10)
To pursue administrative enforcement actions and proceedings as authorized
by this chapter;
(11)
In consultation with the Village Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce applicable requirements,
or to abate or correct conditions not in compliance with applicable
requirements; and
(12)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter or any other applicable
law.
B.
The Code Enforcement Officer shall be appointed by the Board of Trustees.
The Code Enforcement Officer shall possess background experience related
to building construction and demolition, or fire prevention, shall,
within the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel, and shall
obtain certification from the State Fire Administrator pursuant to
the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Mayor
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.
D.
One or more inspectors may be appointed by the Board of Trustees
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 the Code
Enforcement Officer by this chapter. Each inspector shall, within
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel, and each
inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Village Board of Trustees.
