In this chapter, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
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.
BUILDING PERMIT
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.
CERTIFICATE OF COMPLIANCE
A document issued by the Town of Eaton stating that work
was done in compliance with approved construction documents and the
Codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town of Eaton 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 of Eaton and indicating that the building or structure, or
portion thereof, is in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
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.
HAZARDOUS PRODUCTION MATERIALS
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.
MOBILE FOOD PREPARATION VEHICLES
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.
OPERATING PERMIT
A permit issued pursuant to §
90-9 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.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
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.
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 following procedures:
A. Definitions. The following words and phrases, as used in this section,
shall have the meanings hereinafter ascribed to them. All other words
and phrases shall have the meanings normally ascribed to them.
BOARD
The duly elected and constated Town Board of the Town of
Eaton, or also "Town Board."
BUILDING
Any house, shed, fence, or other man-made structure, or part
of any such house, shed, fence, or structure.
DANGEROUS or UNSAFE
Includes conditions of structures or buildings such as but
not limited to the following:
(1)
Those who interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(2)
Those which, exclusive of foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
(3)
Those which have improperly distributed loads upon the floors
or roofs in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(4)
Those which have been damaged by fire, wind, or other causes,
so as to have become dangerous to life, safety or the general health
and welfare of the occupants or the people of this Town.
(5)
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely
to cause sickness or disease, so as to work injury to the health,
safety or general welfare of those living therein.
(6)
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human
beings who live or may live therein.
(7)
Those having inadequate facilities for egress in cases of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
TOWN
The town of Eaton, New York.
B. Criteria for declaration of unsafe buildings. For the purpose of
this section, an unsafe and dangerous building is declared to be:
(1) Any building which is dangerous to the public health, safety and
general welfare because of its condition and which may cause or aid
in the spread of disease or injury to the health, safety or general
welfare of the occupants of it or the neighboring buildings;
(2) Any building which, because of lack of proper repair, construction
or supervision, constitutes or creates a fire hazard;
(3) Any building which because of its condition or because of a lack
of proper windows or doors is available to and frequented by malefactors
or disorderly persons; or
(4) Any building which is a danger to life and safety as a result of
a fire or explosion.
C. Inspection and report. Any enforcement officer shall inspect or cause
to be inspected any building reported as being a dangerous building.
The enforcement officer shall then make a written report of such inspection
to the Board of their findings and recommendations as to the removal
or repair of such building.
D. Notice to repair or demolish.
(1) Whenever the Code Enforcement Officer finds any building or structure
or portion thereof to be an unsafe building, as defined by this section,
they shall serve written notice by certified mail, return receipt,
or by personal service on the owner of said building or structure
or on one of the owner's executors, legal representatives, agents,
lessees or other person having a vested or contingent interest in
the same, which said notice shall contain:
(a)
A description of the premises.
(b)
A statement of the particulars in which said building is unsafe.
(c)
An order requiring the same to be made safe and secure by repair
or otherwise or to be demolished and removed within 60 days and that
said work shall be commenced within 15 days after service of notice.
(d)
Notice of the time and place for a hearing on the matter before
the Board.
(e)
A statement that, in the event that said building is determined
by the Board to be unsafe, said building shall be made safe and secure
by such repairs or other measures which may reasonably be necessary
or shall be demolished and removed by the Town, and that all costs
and expenses incurred by the Town shall be charged against the owner
of said building or assessed against the land on which the building
is located.
(2) A copy of said notice shall be filed in the Madison County Clerk's
office in accordance with applicable provisions of law.
E. Hearing.
(1) Notice of hearing. Such notice shall further provide that, in case
the owner and such persons having an interest in the property or structure
as herein prescribed wish to contest the order, a hearing will be
held before the Board at a time and place specified and that, in the
event that such owner or persons having an interest shall fail to
contest such order and fail to comply with the same, the Board will
order the repair or removal of such building by the Town and that
the Town will assess all costs and expenses incurred by the Town in
the removal or repair of such building against the land on which such
building is located.
(2) Hearing before the Board. At the time and date specified in the notice
to repair or demolish, the Board shall conduct the public hearing.
It may adjourn from time to time until the hearing is completed and
until all interested parties are heard. At the conclusion of the hearing,
the Board shall determine whether to revoke the order to repair or
remove or to continue said order and direct the owner and other persons
to complete the work within a specified time, which shall be reasonable
as to the time needed to perform the work and the necessity to protect
the general public.
F. Failure to comply with order; assessment of costs. In the event that
the owner and persons in interest shall fail to comply with the final
order of the Board to make such building safe and secure or to be
removed, the Board shall order such building to be made safe and secure
or to be removed and shall assess all costs and expense, including
the cost of actually removing such building or structure, against
the land on which such building or structure is located.
G. Continuation as dangerous building prohibited. Any owner or other persons having an interest in the building or in custody of real property located within the Town who allows or permits a building to continue as a dangerous building after due notice as provided in Subsections
D through
F of this section shall be guilty of a violation of this section and shall be punished as provided in Subsection 1 of this section.
H. Trespassing prohibited; penalty. In addition to serving a notice on the owner as provided in Subsections
D through
F above, the Board may, if it determines that the purposes of this section will be further effectuated, order that no person other than the owner or his agent shall enter upon the property and shall post on such property signs indicating "no trespassing." When such a determination is made, notice of such fact shall be included in the notice to the owner referred to in Subsections
D through
F above. Anyone found trespassing in violation of this subsection shall be liable for a fine not to exceed $50 for each offense.
I. Emergency cases. Notwithstanding the foregoing provisions of this chapter, in case there is an immediate danger to the life and safety of any person or property unless a dangerous building or structure is immediately repaired, vacated or demolished and the owner or other responsible person in charge fails to take immediate action or cannot be located with due diligence, the enforcement officer shall report such facts immediately to the Board, and the Board, if it confirms the findings of the enforcement officer, shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Subsections
D through
F, above, or as hereinafter provided.
J. Effect of transfer of title. The transfer of title by the owner of
premises upon which a dangerous building is located shall be no defense
to any proceedings under this section.
K. Liability for costs. Notwithstanding any provision herein to the
contrary, the Board may, at its election, institute suit against the
owner of said premises for the direct costs, together with a charge
of 50% in addition thereto as compensation to the Town for administering,
supervising and handling said work and enter judgment thereon against
the owner personally for the aforesaid amount. The imposition and
collection of any fine or penalty hereinafter prescribed shall not
bar the right of the Town to collect the costs of the removal or repair
of any dangerous building as herein prescribed.
L. Penalties for offenses. Except as provided in Subsection
H above, any person found guilty of violating this section shall be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both. Each week that such violation shall continue shall constitute a separate violation.
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, ordinance 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 §
90-16, Violations, 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 fee schedule shall be established by resolution of the Town
Board of this Town. 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.