[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 8-10-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 121-3 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 121-6.
CODE ENFORCEMENT OFFICIAL
The Code Enforcement Official or Officials appointed pursuant to § 121-2.
CODE ENFORCEMENT PERSONNEL
Includes the Code Enforcement Official and all inspectors.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 121-2 of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 121-9 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
STOP-WORK ORDER
An order issued pursuant to of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 121-6 of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Valatie.
ZONING LAW
The Zoning Law of the Village of Valatie, as adopted and amended.[1]
[1]
Editor's Note: See Ch. 345, Zoning.
A. 
Notwithstanding the commonly used terms of Building Inspector, Code Enforcement Officer, and Zoning Enforcement Officer, for purposes of this section, the term "Code Enforcement Official" is used. The Code Enforcement Official shall administer and enforce all the provisions of the Uniform Code, the Energy Code and the provisions of the Chapter 345, Zoning. The Code Enforcement Official shall have the following powers and duties:
(1) 
To receive, review, approve, disapprove or refer to either the Planning Board or the Zoning Board of Appeals in accordance with Chapter 345, Zoning, applications for building permits, certificates of occupancy, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, temporary certificates and operating permits such terms and conditions as the Code Enforcement Official may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, temporary certificates and operating permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 121-14A of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Village of Valatie;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with Village Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Official by this chapter.
B. 
Additional powers and duties.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Code Enforcement Official and shall have authority to administer and enforce all of the provisions of laws, ordinances, rules and regulations applicable to the following chapters of the Code of the Village of Valatie: Chapter 75, Alarm Systems; Chapter 86, Amusement and Public Exhibitions; Chapter 93, Animals; Chapter 100, Auctions; Chapter 128, Buildings, Unsafe; Chapter 179, Freshwater Wetlands; Chapter 198, Housing Standards; Chapter 205, Junk Storage; Chapter 212, Littering; Chapter 219, Mobile Homes and Mobile Home Parks; Chapter 226, Noise; Chapter 247, Peddling and Soliciting; Chapter 233, Parks and Recreation Areas; Chapter 254, Property Maintenance; Chapter 261; Rental Property; Chapter 282, Snow and Ice Removal; Chapter 289, Solid Waste; Chapter 296, Streets and Sidewalks; Chapter 304, Subdivision of Land; and Chapter 345, Zoning. In the event that the Village Board has the authority to administer and enforce one of the above-named chapters, then the Code Enforcement Official shall be deemed to have concurrent authority with the Board to enforce such chapter.
(2) 
The Code Enforcement Official shall perform all the necessary duties under each of the chapters enumerated in Subsection B(1) above, including, but not limited to, receiving applications, approving plans and specifications, issuing permits, examining property sites, issuing in writing all appropriate notices or orders to comply with the provisions of a particular chapter, and to ensure compliance with the requirements of such chapters, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally or by sending by certified mail a copy of such order to the owner or his agent at his resident address and by posting the same upon a conspicuous portion of the premises to which the notice applies. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports from the Code Enforcement Official or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus of agencies, provided that the same are certified by a responsible official thereof.
C. 
The Code Enforcement Official shall be appointed by the Village Board. The Code Enforcement Official shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Official shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
D. 
In the event that the Code Enforcement Official is unable to serve as such for any reason, an individual shall be appointed by the Village Board to serve as Acting Code Enforcement Official. The Acting Code Enforcement Official shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Official by this chapter.
E. 
One or more inspectors may be appointed by the Village Board to act under the supervision and direction of the Code Enforcement Official and to assist the Code Enforcement Official in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Official 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 Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
F. 
The compensation for the Code Enforcement Official and inspectors shall be fixed from time to time by the Village Board.
A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Official.
B. 
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) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(4) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(5) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(6) 
Installation of partitions or movable cases less than five feet nine inches in height;
(7) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(8) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(9) 
Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(10) 
Repairs, provided that such repairs do not involve: (i) the removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time.
C. 
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 B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Official. 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 Code Enforcement Official deems sufficient to permit a determination by the Code Enforcement Official 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 value of the proposed work;
(3) 
The Tax Map number and the street address of the premises where the work is to be performed;
(4) 
The occupancy classification of any affected building or structure;
(5) 
A statement of the use or occupancy of all parts of the land and the proposed building or structure;
(6) 
A statement that the applicant consents to permit the code officer to enter upon the premises for purposes of inspection, monitoring, issuing orders or notices;
(7) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(8) 
At least two sets of construction documents (drawings and/or specifications) which: (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) 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.
E. 
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 D(8) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Official in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Official, 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.
F. 
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Official shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.
G. 
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.
H. 
Work to be in accordance with construction documents. 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 Code Enforcement Official of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Official 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.
I. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. 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 Code Enforcement Official.
J. 
Revocation or suspension of building permits. If the Code Enforcement Official determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code, the Energy Code or Chapter 345, Zoning, the Code Enforcement Official shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that: (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and Chapter 345, Zoning; and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, the Energy Code and Chapter 345, Zoning.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-15, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Official or by an inspector authorized by the Code Enforcement Official. The permit holder shall notify the Code Enforcement Official 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 Uniform Code, Energy Code and/or Chapter 345, Zoning. Work not in compliance with any applicable provision of the Uniform Code, Energy Code and Chapter 345, Zoning, shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code, Energy Code, and Chapter 345, Zoning, reinspected, and found satisfactory as completed.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-15, Fees, of this chapter must be paid prior to or at the time of each inspection is performed pursuant to this section.
A. 
Authority to issue. The Code Enforcement Official is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Official shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Code Enforcement Official to be contrary to any applicable provision of the Uniform Code, Energy Code or Chapter 345, Zoning, 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;
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Official, 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.
B. 
Content of stop-work orders. Stop-work orders shall: (1) be in writing; (2) be dated and signed by the Code Enforcement Official; (3) state the reason or reasons for issuance; and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Code Enforcement Official 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 USPS certified mail return receipt requested. The Code Enforcement Official 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 USPS certified mail, return receipt requested; 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 § 121-14, Enforcement; penalties for offenses, of this chapter or under any other applicable local law 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.
A. 
Certificates of occupancy required. A certificate of occupancy 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.
B. 
Issuance of certificates of occupancy. The Code Enforcement Official shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, Energy Code, Chapter 345, Zoning, 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, Energy Code and Chapter 345, Zoning. The Code Enforcement Official or an inspector authorized by the Code Enforcement Official shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. 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 Official, at the expense of the applicant for the certificate of occupancy, shall be provided to the Code Enforcement Official prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy. A certificate of occupancy shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
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;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Code Enforcement Official issuing the certificate of occupancy and the date of issuance.
D. 
Temporary certificate. The Code Enforcement Official 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 Code Enforcement Official issue a temporary certificate unless the Code Enforcement Official determines: (1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely; (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational; and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Official 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 Code Enforcement Official 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.
E. 
Revocation or suspension of certificates. If the Code Enforcement Official 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 Code Enforcement Official within such period of time as shall be specified by the Code Enforcement Official, the Code Enforcement Official shall revoke or suspend such certificate.
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-15, Fees, of this chapter must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate.
The chief of any fire department providing firefighting services for a property within this Village shall promptly notify the Code Enforcement Official of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Village of Valatie shall be identified and addressed in accordance with the procedures established by the Village Board by local law as enacted or amended from time to time.[1]
[1]
Editor's Note: See Ch. 128, Buildings, Unsafe.
A. 
Operating permits required.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;[1]
[1]
Editor's Note: See now Ch. 50, Tables 5003.1.1(1), 5003.1.1(2), 5003.1.1(3) and 5003.1.1(4), of the 2020 New York State Fire Code.
(b) 
Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Official.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Official. Such application shall include such information as the Code Enforcement Official deems sufficient to permit a determination by the Code Enforcement Official that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Official 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 Code Enforcement Official, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Official or an inspector authorized by the Code Enforcement Official shall inspect the subject premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Official may require a separate operating permit for each such activity, or the Code Enforcement Official may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Official to be consistent with local conditions. 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 Official, payment of the applicable fee, and approval of such application by the Code Enforcement Official.
F. 
Revocation or suspension of operating permits. If the Code Enforcement Official 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.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-15, Fees, of this chapter 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.
A. 
Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Official or an inspector designated by the Code Enforcement Official at the following intervals:
(1) 
Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 24 months.
B. 
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Official or an inspector designated by the Code Enforcement Official at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Code Enforcement Official of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Code Enforcement Official of any other information, reasonably believed by the Code Enforcement Official to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
The Code Enforcement Official shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, Chapter 345, Zoning, or any other local law or regulation adopted for administration and enforcement of the Uniform Code, the Energy Code or Chapter 345, Zoning. All complaints shall be in writing. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Official may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 121-14, Enforcement; penalties for offenses, of this chapter;
C. 
If appropriate, issuing a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
A. 
The Code Enforcement Official shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 121-3 through 121-11, inclusive, of this chapter; and
(9) 
All fees charged and collected.
B. 
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
A. 
The Code Enforcement Official shall monthly submit to Village Board a written report and summary of all business conducted by the Code Enforcement Official and the inspectors, including a report and summary of all transactions and activities described in § 121-12, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Code Enforcement Official shall annually submit to the Secretary of State, on behalf of Village of Valatie, on a form prescribed by the Secretary of State, a report of the activities of the Village relative to administration and enforcement of the Uniform Code.
C. 
The Code Enforcement Official shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village in connection with administration and enforcement of the Uniform Code.
A. 
Orders to remedy.
(1) 
The Code Enforcement Official 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, the Village of Valatie Code, the Chapter 345, Zoning, or this chapter. An order to remedy shall be in writing; shall be dated and signed by the Code Enforcement Official; shall specify the condition or activity that violates the Uniform Code, the Energy Code the Village of Valatie Code, the Chapter 345, Zoning, or this chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code the Village of Valatie Code, the Chapter 345, Zoning, 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."
(2) 
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, local law or ordinance, and which the Code Enforcement Official may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Official 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. The Code Enforcement Official 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.
B. 
Appearance tickets.
(1) 
The Code Enforcement Official and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code the Village of Valatie Code, the Chapter 345, Zoning, or this chapter.
(2) 
The Code Enforcement Official for the Village of Valatie is authorized to issue appearance tickets in accordance with the provisions of Article 150 of the Criminal Procedure Law of the State of New York and in furtherance of the enabling powers provided by § 10(4) of the Municipal Home Rule Law of the State of New York with respect to violations of the following chapters of the Code of the Village of Valatie:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Chapter 75
Chapter 86
Chapter 93
Chapter 100
Chapter 128
Chapter 205
Chapter 212
Chapter 219
Chapter 226
Chapter 247
Chapter 254
Chapter 261
Chapter 282
Chapter 289
Chapter 296
Chapter 345
C. 
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy the Village of Valatie Code, the Chapter 345, Zoning, or this chapter 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 Official pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village of Valatie.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of this Village, 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 Official 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 the Village of Valatie Code, the Chapter 345, Zoning, or this chapter 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 this Village, 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 Valatie.
E. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 121-5, 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 § 121-5, 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.
A fee schedule shall be established by the Village Board of the Village of Valatie. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy, temporary certificates, operating permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Official described in or contemplated by this chapter.