This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Uniform Code"), the Energy Conservation Construction Code of New York State (hereinafter referred to as the "ECCCNYS"), and the Energy Code Supplement found at Chapter
144 of the Code of the Town of Ithaca (hereinafter referred to as the "ECS"), and shall establish powers, duties, and responsibilities in connection therewith.
As used in this chapter, the following terms shall have the
meanings indicated:
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 stating that work was done
in compliance with approved construction documents and the Codes.
CERTIFICATE OF OCCUPANCY
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.
CODE ENFORCEMENT OFFICER
The Town's Director of Code Enforcement and Zoning,
and Town employees appointed by the Town Board as Code Enforcement
Officers.
CODES
The Uniform Code, ECCCNYS, and ECS.
ECCCNYS
The Energy Conservation Construction Code of New York State.
ECS
The Energy Code Supplement found at Chapter
144 of the Code of the Town of Ithaca.
FCNYS
The Fire Code of New York State as 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 §
125-9. 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
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 Property Maintenance Code of New York State as incorporated
by reference in 19 NYCRR Part 1226.
RCNYS
The Residential Code of New York State as 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 fire-fighting services
for a property within the Town shall notify the Code Enforcement Officer
by the next business day of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Dangerous or unsafe buildings, structures, and equipment in
the Town of Ithaca shall be identified and addressed in accordance
with the following procedures:
A. Inspection by Code Enforcement Officer; report. When in the opinion
of the Code Enforcement Officer, any building, structure, or equipment
located in the Town shall be deemed to be dangerous or unsafe to the
public because:
(1) Its structural condition is or may become dangerous or unsafe to
the public; or
(2) It is open at the doorways or windows or walls, making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to other trespassers; or
(3) It is or may become a place of infestation by rodents or other animals;
or
(4) It consists of debris, rubble or parts of buildings left on the ground
after demolition, reconstruction, fire or other casualty; or
(5) It presents any other danger to the health, safety, and general welfare
of the public, the Code Enforcement Officer shall make a formal inspection
thereof and report in writing to the Town Board the Code Enforcement
Officer's findings and recommendations in regard to the building's,
structure's, or equipment's removal or repair, and whether
the building, structure, or equipment needs to be made safe and secure.
B. Town Board order, do not occupy determination, and service of notice.
The Town Board shall thereafter consider the report and, if it finds
from the report that there are grounds to believe that such building,
structure, or equipment is dangerous or unsafe to the public, the
Town Board, by resolution, shall order its removal or repair, if the
same can be safely repaired, and where warranted shall order that
the building, structure, or equipment be made safe and secure. The
Town Board shall further order that a notice of the order and of the
related upcoming hearing shall be served upon the persons and in the
manner provided herein. Where conditions warrant, the Code Enforcement
Officer may also make a determination that the building or structure
should be posted with a "do not occupy" notice that requires the occupants
to vacate the premises, and (where applicable) that the building,
structure and equipment should be posted with an unsafe equipment
notice. Notice of the Town Board's order, and of any determination
by the Code Enforcement Officer that the building or structure and
(where applicable) equipment should be posted, shall be served on
the owner or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in the property, either personally or by registered mail
addressed to the last known address, if any, of the owner or some
one of the owner's executors, legal representatives, agents,
lessees or other person having a vested or contingent interest in
same, as shown by the records of the receiver of taxes and/or in the
office of the County Clerk or County Register. If such service is
made by registered mail, the Code Enforcement Officer shall also post
a copy of such notice on the premises.
C. Contents of notice. Said notice shall contain the following information:
(1) A description of the premises.
(2) A statement of the particulars in which the building, structure,
or equipment is unsafe or dangerous.
(3) The Town Board's order requiring the same to be made safe and
secure and/or repaired or removed.
(4) A statement that the securing and/or repair or removal of the said
building, structure, or equipment shall commence and be completed
within the time frame specified in the order.
(5) A statement that a hearing will be held before the Town Board at
a time and place specified in the notice, at which hearing the owner
and such persons having an interest in the property or structure may
contest the order, and that in the event such owner or persons having
an interest shall fail to contest successfully such order or fail
or refuse to comply with same or with any amended order that the Town
Board may issue after the hearing, the Town Board will order the securing
and/or repair or removal of such building, structure, or equipment
by the Town.
(6) A statement that if the Town shall secure, repair and/or remove said
building, structure, or equipment, the land on which said buildings,
structures, or equipment are located will be assessed for all costs
and expense incurred by the Town in connection with the proceedings
to secure, repair and/or remove, including the cost of actually securing,
removing and/or repairing said building, structure, or equipment;
or, in the alternative, that the Town Board shall commence a special
proceeding in a court of competent jurisdiction to collect the costs
to secure, repair and/or remove, including reasonable and necessary
legal expenses incidental to obtaining such an order.
(7) If the Code Enforcement Officer has determined that the building,
structure, or equipment should be posted, the notice shall also include
the following: notice of the Code Enforcement Officer's intention
to put a "do not occupy" notice on the building or structure and (where
applicable) an unsafe equipment notice on the building or structure
and equipment; the Code Enforcement Officer's reasons for determining
the building, structure, or equipment should be posted (including
citations to the specific Uniform Code sections that the Code Enforcement
Officer claims to be violated); a statement that the owner and such
persons having an interest in the property or structure may contest
the Code Enforcement Officer's posting determination at the hearing,
and that in the event such owner or persons having an interest shall
fail to contest successfully such determination, the Code Enforcement
Officer may post the building or structure with a "do not occupy"
notice and (where applicable) the Code Enforcement Officer may post
the building or structure and equipment with an unsafe equipment notice.
D. Copy to be filed with County Clerk. A copy of such notice shall be
filed in the office of the Tompkins County Clerk, which notice shall
be filed by such Clerk in the same manner as a notice of pendency,
pursuant to Article 65 of the Civil Practice Law and Rules, and shall
have the same effect as a notice of pendency as therein provided,
except as otherwise herein provided. A notice so filed shall be effective
for a period of one year from the date of filing; provided, however,
that it may be vacated upon the order of a judge or justice of a court
of record upon the consent of the Town's Attorney. The County
Clerk shall mark such notice and any record or docket thereof as canceled
of record upon the presentation and filing of such consent or of a
certified copy of such order.
E. Hearing. At the time and date specified in the notice to secure and/or
repair or remove, the Town Board shall conduct the public hearing.
It may adjourn from time to time until the hearing is completed and
until all interested parties that make reasonable attempts to participate
are heard. At the conclusion of the hearing, the Town Board shall
determine to revoke the order to secure and/or repair or remove; or
continue or amend 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. If the Code Enforcement Officer has determined
that the building, structure, or equipment should be posted, at the
conclusion of the hearing the Town Board shall also determine whether
the Code Enforcement Officer should post the building or structure
with a "do not occupy" notice and (where applicable) whether the Code
Enforcement Officer should post the building or structure and equipment
with an unsafe equipment notice, and if the Town Board upholds the
Code Enforcement Officer's determination, the Code Enforcement
Officer may thereafter post the building or structure and (where applicable)
equipment.
F. In the event that the owner fails or refuses to secure and/or repair
or remove such building, structure, or equipment within the time provided,
the Town shall secure and/or repair or remove said building, structure,
or equipment.
G. Emergency cases.
(1) A building, structure, equipment, or part thereof, which poses a
clear and imminent threat to human life, safety or health as a result
of a fire, explosion, unsafe equipment, or other condition that makes
it imminently dangerous for a human to remain in the building, is
hereby declared to be a public nuisance.
(2) Whenever the Code Enforcement Officer finds a building, structure,
equipment or part thereof, to pose a clear and imminent threat to
human life, safety or health as a result of a fire, explosion unsafe
equipment, or other condition that makes it imminently dangerous for
a human to remain in the building, the Code Enforcement Officer may
cause it to be secured and/or removed or may cause work to be done
in and about the building, structure or equipment as may be necessary
to remove the danger.
(3) The Code Enforcement Officer may post such a building or structure
with a "do not occupy" notice and require the occupants of any such
building or structure, or part thereof, to vacate the premises forthwith.
No person shall use or occupy such building, structure, equipment,
or part thereof, until it is made safe.
(4) No person shall enter premises which have been ordered vacated, except
for the owner and those authorized to secure the building or structure,
perform inspections or repairs, remove the hazardous condition, or
remove such building, structure, or equipment, or part thereof.
(5) Due process after posting in cases of imminent danger:
(a)
In the event that such a building, structure, equipment, or
part thereof is determined, by the Code Enforcement Officer, to be
an imminent danger and requires immediate posting of the building
or structure with a "do not occupy" notice, the owner/occupant may
request, after the posting occurs, an opportunity to be heard in a
Town Board hearing. Such hearing shall be requested, in writing, with
the request addressed to and received by the Town Clerk within five
business days of when the building or structure was posted with the
"do not occupy" notice.
(b)
The "do not occupy" notice that is posted on a building or structure
shall include the following items:
[1]
The Code Enforcement Officer's reasons for posting the
building or structure (including citations to the specific Uniform
Code sections that the Code Enforcement Officer claims to be violated);
[2]
Notice of the right of the owner/occupant to be heard by the
Town Board, and statements that the owner/occupant must submit a written
hearing request addressed to and received by the Town Clerk within
five business days of when the building or structure was posted with
the "do not occupy" notice, and that such hearing request by the owner/occupant
shall include reasons why the owner/occupant believes that the posting
is not warranted.
(6) If such a hearing is requested after a building or structure has
been posted, the same shall be held before the Town Board not more
than three weeks after the request for a hearing is received. The
person requesting the hearing shall be notified in writing at least
five days prior to the hearing of the time and place of the hearing.
H. All notices posted pursuant to any provision of this section are
to remain on the building, structure, or equipment until it is secured
and/or repaired or removed, or made to comply with the directions
which have been given the owner.
I. Collection of costs incurred. All costs and expenses incurred by
the Town of Ithaca in connection with any work done to remove the
danger, or in connection with the securing and/or repair or removal
of any such building, structure, or equipment, shall be assessed against
the land on which such building, structure, or equipment is located,
and a bill for such costs and expenses shall be presented to the owner
of the property, or if the owner cannot be ascertained, then such
bill shall be posted in a conspicuous place on the premises. If the
owner shall fail to pay for such costs and expenses within 10 days
after the bill is presented or posted, then such unpaid costs, expenses
and interest accruing at the rate of 9% per annum from the date of
the Town's work shall constitute a lien upon such land. A legal
action or proceeding may be brought to collect such costs, expenses,
interest and recoverable attorney's fees, or to foreclose such
lien. As an alternative to the maintenance of any such action, the
Code Enforcement Officer may file a certificate of the actual costs
and expenses incurred and interest accruing as aforesaid, together
with a statement identifying the property in connection with which
the expenses were incurred, and the owner thereof, with the Tompkins
County Department of Assessment, who shall in the preparation of the
next assessment roll assess such amount upon such property. Such amount
shall be included as a special ad valorem levy (administered as a
move tax) against such property, shall constitute a lien and shall
be collected and enforced in the same manner, by the same proceedings,
at the same time, and under the same penalties as are provided by
law for collection and enforcement of real property taxes in the Town
of Ithaca. The assessment of such costs, expenses and interest shall
be effective even if the property would otherwise be exempt from real
estate taxation.
The Town Board may, by resolution, authorize the Town Supervisor
to enter into an agreement, in the name of the Town of Ithaca, with
other governments, to carry out the terms of this chapter (either
in whole or in part), provided that such agreement does not violate
any provision of the Uniform Code, the ECCCNYS, the ECS, Part 1203
of Title 19 of the NYCRR, or any other applicable law.