[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 10-11-2022 by L.L. No. 10-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 109, Building Construction Administration, adopted 6-19-2007 by L.L. No.
9-2007, as amended.
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Town of Clarkstown. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. In the
alternative, this chapter is adopted pursuant to the Town's general
power to enact local laws relating to the government, protection,
order, conduct, safety, health, and well-being of persons or property
within a municipality granted directly to local governments by the
people of the State of New York through Article IX, §§ 1(a),
2(c), and 3(c), of the New York State Constitution. Except as otherwise
provided in the Uniform Code, the 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 this
chapter.
In this chapter, the following terms shall have the meanings
shown in this section:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
The Chief Code Enforcement Officer appointed pursuant to § 109-3D of this chapter.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
A document issued by the Town stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Town, and
indicating that the building or structure, or portion thereof, is
in a condition suitable for occupancy.
The Code Enforcement Officer appointed pursuant to § 109-3B of this chapter.
The Code Enforcement Officer and all inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have as their end product materials that are not hazardous.
An inspector appointed pursuant to § 109-3D of this chapter.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A written order to remedy any condition or activity to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, Chapter 143 of the Town Code or this or other applicable chapters of the Town Code. The term "notice of violation" is interchangeable with "compliance order" and "order to remedy." It is sometimes referred to by the abbreviated "violation."
A permit issued pursuant to § 109-10 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.
An order issued by the Code Enforcement Officer pursuant to § 109-18A of this chapter.
The person to whom a building permit has been issued.
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.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 109-6 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.
A certificate issued pursuant to § 109-7D of this chapter.
The Town of Clarkstown.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
A.
The Office of Code Enforcement Officer is hereby created and shall
be the officer of the Building Inspector. The Code Enforcement Officer
shall administer and enforce all the provisions of the Uniform Code,
the Energy Code, and this chapter. The Code Enforcement Officer shall
have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, 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, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of Clarkstown;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town's 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 Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Town Board.
The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training, and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the Department of State 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, another individual shall be appointed by the
Town Board to serve as Acting Code Enforcement Officer. The Acting
Code Enforcement Officer shall, during the term of their 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 Town Board to act under the
supervision and direction of the Code Enforcement Officer and to assist
the Code Enforcement Officer in the exercise of the powers and fulfillment
of the duties conferred upon 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 Department of State 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 Town Board of the Town of
Clarkstown.
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 Town.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses), which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet;
(2)
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
Replacement of any equipment provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications;
(8)
Repairs, provided that the work does not have an impact on fire and
life safety, such as: i) any part of the structural system; ii) the
required means of egress; or iii) the fire protection system or the
removal from service of any part of the fire protection system for
any period of time;
(9)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(10)
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 aboveground;
(11)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(12)
Construction of retaining walls unless such walls support a
surcharge impound Class I, II or IIIA liquids;
(13)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
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 Officer. 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 Officer deems sufficient to permit
a determination by the Code Enforcement Officer 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 location, nature, extent, and scope of the proposed
work;
(2)
The Tax Map number and the street address of any affected building
or structure;
(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;
(5)
A plot plan by a licensed surveyor, scaled not less than one inch
to 50 feet, showing the dimensions of the lot and its relationship
to the street and any accepted Town, state or county highway. It shall
also show the location of all available utilities and improvements,
including driveways, and shall have the approval of the Director of
Engineering and Facilities Management;
(6)
At least two sets of construction documents (drawings and/or specifications)
which: i) describe the location, nature, extent, and scope of the
proposed work; ii) show that the proposed work will conform to the
applicable provisions of the codes; iii) show the location, construction,
size, and character of all portions of the means of egress; iv) show
a representation of the building thermal envelope; v) show structural
information, including but not limited to braced wall designs, the
size, section, and relative locations of structural members, design
loads, and other pertinent structural information; vi) show the proposed
structural, electrical, plumbing, mechanical, fire protection, and
other service systems of the building; vii) include a written statement
indicating compliance with the Energy Code; viii) include a site plan,
drawn to scale and drawn in accordance with an accurate boundary survey,
showing the size and location of new construction and existing structures
and appurtenances on the site, distances from lot lines, the established
street grades and the proposed finished grades, and, as applicable,
flood hazard areas, floodways, and design flood elevations; and ix)
evidence that the documents were prepared by a licensed and registered
architect in accordance with Article 147 of the New York State Education
Law or a licensed and registered professional engineer in accordance
with Article 145 of the New York State Education Law and practice
guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's registration
expiration date, the design professional's firm name (if not a sole
practitioner), and, if the documents are submitted by a professional
engineering firm and not a sole practitioner professional engineer,
the firm's certificate of authorization number.
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(6) 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 Officer, in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, 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 Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
The Code Enforcement Officer or an inspector authorized by the Code
Enforcement Officer shall examine or cause to be examined all applications
for permits and the plans, specifications and documents filed therewith.
He shall approve or disapprove the application within a reasonable
time. Upon approval of the application and upon receipt of the fees
thereof, he shall issue a building permit to the applicant upon the
form prescribed by him and shall affix his signature or cause his
signature to be affixed thereto. Upon approval of the application,
both sets of plans and specifications shall be endorsed with the word
"approved." One set of such approved plans and specifications shall
be retained in the files of the Code Enforcement Officer, and the
other set shall be returned to the applicant, together with the building
permit, and shall be kept at the building site open to inspection
by the Code Enforcement Officer or his authorized representative at
all reasonable times. If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Code Enforcement Officer shall disapprove the same
and return the plans and specifications to the applicant. Upon the
request of the applicant, the Code Enforcement Officer shall cause
such refusal, together with the reasons therefor, to be transmitted
to the applicant in writing.
H.
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.
I.
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 Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer 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.
J.
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 18 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 Officer.
K.
Revocation or suspension of building permits. If the Code Enforcement
Officer 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 or
the Energy Code, the Code Enforcement Officer 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 2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
L.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 109-19 (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.
M.
Foundation permit. A foundation permit shall authorize the applicant
to clear the project area and install sewers, drainage, utilities,
the base course of roads and scheduled foundations in accordance with
the plans and specifications filed with the Office of the Code Enforcement
Officer and the Office of the Director of Engineering and Facilities
Management. No other work, construction, etc., can be permitted, authorized
or accomplished under a foundation permit.
(1)
Each application for a combination of a separate foundation permit
and building permit shall be accompanied by duplicate copies of plans
and specifications, including a plot plan, drawn to scale, showing
the location and size of all proposed new construction and all existing
structures on the site, the nature and character of the work to be
performed and the materials to be incorporated, distance from lot
lines, the relationship of structures on adjoining properties, widths
and grades of adjoining streets, walks and alleys and, where required
by the Code Enforcement Officer, details of structural, mechanical
and electrical work, including computations, stress diagrams and other
essential technical data. Plans and specifications shall bear the
signature of the person responsible for the design and drawings.
(2)
Where such application is for construction not previously reviewed under § 246-12B(2) (Site Plan Review) or § 254-12B (Subdivision of Land) by the Department of Engineering and Facilities Management, then such application shall also be accompanied by an erosion control plan and plan review fee in accordance with the requirements of § 246-12B(2), § 254-12, and Chapter 249A (Stormwater Management), as applicable. The Code Enforcement Officer shall refer said erosion control plan and plan review to the Department of Engineering and Facilities Management.
(3)
Such foundation permit may be converted to a full building permit
upon compliance with the foregoing and upon certification by the Code
Enforcement Officer of compliance with the terms and conditions of
the foundation permit and upon certification by the Director of Engineering
and Facilities Management that sewers and drainage, and certification
by the Highway Superintendent that the base course of streets, if
required, for the proposed project has been completely and correctly
installed.
N.
Demolition and rebuilding. When a building permit is sought to construct
a proposed one-family dwelling on a site already having an occupied
dwelling and such site is not qualified for an additional dwelling
unit, the existing dwelling must be demolished prior to the issuance
of the building permit unless all of the following conditions are
met:
(1)
The applicant certifies that the existing dwelling serves as his
principal residence and that the same shall be demolished within 30
days after issuance of the new certificate of occupancy for the proposed
dwelling.
(2)
The applicant resides in and shall continue to reside in the existing
dwelling during the construction period for the new dwelling.
(3)
Only one dwelling on the site shall be occupied at any time.
(4)
The Code Enforcement Officer and Director of Department of Engineering
and Facilities Management provide written certification that adequate
provisions have been made to safeguard the occupants of the premises
from unreasonable risk of personal injury during the construction
period, and that such measures as may be required have been accepted
and shall be observed by the property owner, all occupants and all
contractors.
(5)
The proposed dwelling requires no variances and, upon demolition
and removal of the preexisting dwelling, shall meet all zoning requirements.
(6)
The applicant agrees to indemnify and save harmless the Town of Clarkstown
from any liability that may result as a consequence of the issuance
of the building permit while the existing premises are occupied as
a dwelling.
(7)
The applicant furnishes an undertaking in the form of a performance
bond with surety or other satisfactory security such as an irrevocable
letter of credit, all in a form satisfactory to the Town Attorney,
to guarantee demolition and removal of the existing dwelling within
30 days after completion of the proposed dwelling, and in the event
such dwelling is not so removed or is occupied in violation of the
undertaking, the undertaking shall further provide right of entry
and authorization for the Town to enter upon the premises without
notice to effect such removal at the property owner's expense. If
the premises become unoccupied for a period of 30 days at any one
time or in the aggregate or if construction on said new dwelling ceases
or is not complete within one year from the issuance of the building
permit, the undertaking shall further provide that permission to occupy
the existing structure shall lapse and the premises must forthwith
be removed.
(8)
The Town Board, on application of the property owner, may, for good cause, waive the condition set forth in § 109-4N(5), provided that the occupants of the existing premises shall not be exposed to a greater risk of harm during the construction of the new dwelling as a result of any variance which had been approved prior to issuance of the requested building permit.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer 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)
Structural, electrical, plumbing, mechanical, fire protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factory manufactured
buildings and manufactured homes; and
(11)
A final inspection after all work authorized by the building
permit has been completed.
C.
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.
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 the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the 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 Code Enforcement Officer, 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 Code Enforcement Officer 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 mail. The Code Enforcement
Officer shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
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,
other than work expressly authorized by the Code Enforcement Officer
to correct the reason for issuing 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 § 109-18 (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 and certificates of compliance required.
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 sub classification 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.
B.
Issuance of certificates of occupancy and certificates of compliance.
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:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code;
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes;
(5)
Written confirmation from the Director of Engineering and Facilities
Management that all required improvements have been completed, if
applicable.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance 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 (if any), address and tax map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit;
(9)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance;
(10)
If an automatic sprinkler system is provided, a notation as
to whether the sprinkler system is required.
D.
Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy 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 Officer issue
a temporary certificate of occupancy unless the Code Enforcement Officer
determines: 1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely; 2) that any required fire and life safety components, such
as fire protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational; and 3) that
all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Code Enforcement Officer and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, 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
Officer determines that a certificate of occupancy, Certification
of Compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
F.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 109-19 (Fees) of this chapter must be paid at the time of submission of an application for a certificate of occupancy, certificate of compliance, or for temporary certificate of occupancy.
G.
Condominium, fee simple with homeowners' association, cooperative
or rental developments. If the building or structure is to be used
as one of the aforementioned, no certificate of occupancy shall be
issued for more than 45% of the units until all recreation facilities
and community facilities are completed; provided, however, that the
Clarkstown Planning Board, during site plan approval, may reduce to
a lesser percentage, but not less than 25%, the number of certificates
of occupancy to be issued prior to the completion of recreation and
community facilities.
The chief of any fire department providing firefighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town shall be identified and addressed in accordance with the procedures of Chapter 111 established by Local Law Number 1 of 1979 as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
(a)
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(b)
Buildings, structures, facilities, processes, and/or activities
that are within the scope and/or permit requirements of the chapter
or section title of the FCNYS as follows:
[1]
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
[2]
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
[3]
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
[4]
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
[5]
Chapter 31, "Tents, Temporary Special Event Structures, and
Other Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
[6]
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
[7]
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire by-products or operating a tire rebuilding plant;
[8]
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
[9]
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
[10]
Chapter 56, "Explosives and Fireworks." Possessing,
manufacturing, storing, handling, selling, or using explosives, fireworks,
or other pyrotechnic special effects materials except the outdoor
use of sparkling devices as defined by Penal Law § 270;
[11]
Section 307, "Open Burning, Recreational Fires
and Portable Outdoor Fireplaces." Conducting open burning, not including
recreational fires and portable outdoor fireplaces;
[12]
Section 308, "Open Flames." Removing paint with
a torch, or using open flames, fire, and burning in connection with
assembly areas or educational occupancies; and
[13]
Section 319, "Mobile food preparation vehicles."
Operating a mobile food preparation vehicle in accordance with the
permitting requirements established by Local Law Number [_____ of
_____], as now in effect or as hereafter amended from time to time.
(c)
Energy storage systems, where the system exceeds the values
shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate
ratings in Section R327.5 of the RCNYS.
(d)
Buildings containing one or more assembly areas;
(e)
Outdoor events where the planned attendance exceeds 1,000 persons;
(f)
Facilities that store, handle or use hazardous production materials;
(h)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board of the Town of Clarkstown; and
(i)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Town Board of the Town of Clarkstown.
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 Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer 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 Officer, at the expense of the
applicant.
C.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1)(a) through (g) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 109-11 (Fire safety and property maintenance inspections) of this chapter, and condition assessments are performed in compliance with § 109-13 (Condition assessments of parking garages) of this chapter, as applicable.
D.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
Town sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
E.
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 Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)
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.
G.
Revocation or suspension of operating permits. If the Code Enforcement
Officer 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.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
At least once every 12 months for buildings which contain an assembly
area;
(2)
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.
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 Officer or an inspector authorized to perform fire safety and property maintenance inspections 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 Officer 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 Officer of any other information,
reasonably believed by the Code Enforcement Officer 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.
D.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit, or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator or
other authorized entity under Executive Law § 156-e and
Education Law § 807-b.
E.
Notwithstanding any other provision of this section to the contrary,
the Code Enforcement Officer may accept an inspection performed by
the Office of Fire Prevention and Control or other authorized entity
pursuant to §§ 807-a and 807-b of the Education Law
and/or § 156-e of the Executive Law, in lieu of a fire safety
and property maintenance inspection performed by the Code Enforcement
Officer or by an inspector, provided that:
(1)
The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);
(2)
The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is
provided to the Code Enforcement Officer; and
The Code Enforcement Officer 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, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer 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 § 109-18 (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.
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.
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 Town, 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 not more than 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 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 Town becomes aware of any new or increased deterioration which, in the judgment of the Town, 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 Town 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 Town within 60 days. 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 Town 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 Town shall, by order to remedy or such other means of enforcement as the Town 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 Subsection F(2) and (3). 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 Town 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 Town 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 Town with a written statement attesting to the
fact that he or she has been so engaged, the Town shall make the previously
prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The
Town 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 Town:
(1)
To perform such construction inspections as are required by § 109-5 (Construction inspections) of this chapter;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 109-11 (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 Town 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.
A.
The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Town 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:
B.
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
A.
The Code Enforcement Officer 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, certificates of
compliance, 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 condition assessment reports received;
(9)
All fees charged and collected; and
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 Officer shall annually submit to the Town Board of the Town of Clarkstown a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 109-14 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State true and complete copies of the records and related materials
this Town is required to maintain; true and complete copies of such
portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
[Added 8-22-2023 by L.L. No. 8-2023[1]]
It is a violation of this chapter for any person (as defined in § 109-2 above) to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure, parcel of land or portion thereof in violation of any provision of this chapter or in a manner not permitted by an approved building permit or certificate of occupancy. Failure in any manner to comply with a notice, directive or order of any code enforcement personnel is a separate and distinct violation of this chapter.
A.
Orders to remedy.
(1)
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."
|
(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
Officer may deem appropriate, during the period while such violations
are being remedied. 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 certified mail within five days after the
date of the order to remedy. 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.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
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
by a fine of not more than $2,500 for each day or part thereof during
which such violation continues or a sentence of imprisonment not to
exceed 15 days, or both. Any person found guilty of a second offense
of any provision of this chapter within 18 months from the date of
the first conviction shall be punished by a fine of not less than
$2,500 and not more than $5,000 or a sentence of imprisonment not
to exceed 15 days, or both. Any person found guilty of a third offense
of any provision of this chapter within 18 months from the date of
the second conviction shall be punished by a fine of not less than
$7,500 and not more than $10,000 or a sentence of imprisonment not
to exceed 15 days, or both. Any person found guilty of a fourth or
subsequent offense of any provision of this chapter within 18 months
from the date of the third conviction shall be punished by a fine
of not less than $10,000 and not more than $15,000 or a sentence of
imprisonment not to exceed 15 days, or both. The penalties provided
by this subsection shall be recoverable in an action instituted in
the name of the Town.
(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 liable to pay a civil penalty of not more than $2,500
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 this Town.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the Town of Clarkstown, 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 this Town, in the Supreme Court or
in any other court having the requisite jurisdiction, to obtain an
order directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate
authorization from the Town Board of the Town of Clarkstown.
E.
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 § 109-6 (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 § 109-6 (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 resolution of the Town
Board of the Town of Clarkstown. Such fee schedule may thereafter
be amended from time to time by like resolution. 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, certificates
of compliance, temporary certificates, operating permits, fire safety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this chapter.
The Town Board of this Town may, by resolution, authorize the
Supervisor of this Town to enter into an agreement, in the name of
this Town, 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.
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.
Where the requirements of this chapter impose a different restriction
or requirement than imposed by other sections of the Code of the Town
of Clarkstown, the Town Law of the State of New York or other applicable
rules or regulations, the requirements of this chapter shall prevail.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
