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 this Town. This chapter is adopted pursuant to
section 10 of the Municipal Home Rule Law. The Uniform Code, the Energy
Code and the International Residential Code, and all appendixes, supplements
and the like, set forth in Title 19 NYCRR Parts 1219 through 1227,
are hereby adopted by the Town of Salina. 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 of this chapter.
The purpose of this chapter is to provide for the administration and
enforcement of the State Uniform Code and the State Energy Conservation
Code adopted by this jurisdiction. The provisions of this chapter
shall serve as the administrative, organizational and enforcement
rules and regulations for the State Uniform Code which regulate the
site preparation and construction, alteration, moving, demolition,
repair, use, maintenance, firesafety and occupancy of buildings, structures
and building service equipment and the State Energy Conservation Code,
which regulates energy conservation systems and equipment within the
Town of Salina.
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.
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 § 121-3B of this chapter.
Shall include the Code Enforcement Officer and all inspectors.
The State Uniform Code and Energy Code.
The Director of Planning and Development appointed pursuant to Chapter 43 of this Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law and modified by the
Town of Salina.
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 § 121-3D 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 permit issued pursuant to § 121-10 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 § 121-17A of this chapter.
The person to whom a building permit has been issued.
Shall include 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 § 121-6 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 § 121-7D of this chapter.
The Town of Salina.
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 Director of Planning and Development (sometimes hereinafter referred
to as the "Director") is hereby designated as the enforcement officer
for the State Uniform Code, the Energy Code and this Part 1. He shall
be assisted by such officers and employees of the Department of Planning
and Development as he deems necessary for the proper administration
and enforcement of this Part 1, and they may exercise any portion
of his duties as he shall hereafter set forth. The Director shall
be responsible shall be supervisory and shall determine the areas
of responsibility between Code Enforcement Officers, Deputy Code Enforcement
Officers, inspectors and Fire Marshals.
B.
The Office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer(s) shall, at the direction of the Director of
Planning and Development, administer and enforce all the provisions
of the Uniform Code, the Energy Code, and this chapter. A Code Enforcement
Officer may be head of the Office of Planning and Development, as
determined by the Town Board by resolution. Any references contained
in this chapter or in the Code of the Town of Salina to the Code Enforcement
Officer may also mean the Director of the Office of Planning and Development,
as the case may be. The Code Enforcement Officer(s) 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 building permits,
certificates of occupancy, certificates of compliance, temporary certificates
of occupancy, and operating permits terms and conditions as the Code
Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of 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;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this 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.
C.
The Director of Planning and Development and the Code Enforcement
Officer(s) shall be appointed by the Town Board. Code Enforcement
Officer(s) 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.
D.
In the event that the Director of Planning and Development is unable
to serve as such for any reason, another individual shall be appointed
by the Town Board to serve as Acting Director of Planning and Development.
The Acting Director of Planning and Development shall, during the
term of their appointment, exercise all powers and fulfill all duties
conferred upon the Director of Planning and Development by this chapter.
E.
One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Director of Planning and
Development to assist the Director of Planning and Development in
the exercise of the powers and fulfillment of the duties conferred
upon the Director of Planning and Development by this chapter. Each
inspector shall, within the time prescribed by law, obtain such basic
training, in-service training, advanced in-service training, and other
training as the State of New York shall require for code enforcement
personnel, and each inspector shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
F.
No officer or employee of the Department of Planning and Development
shall engage in any activity inconsistent with his/her duties or the
interests of the Department, nor shall he/she, during the term of
his/her employment, be engaged directly in any building business or
in the furnishing of labor, materials or applicances for the construction,
alteration or maintenance of a building or the preparation of plans
and specifications thereof within the Town of Salina, except that
this section shall not prohibit any employee from such activities
in connection with the construction of a building or structure owned
by him/her to be used as a single-family dwelling for a permanent
residence for such employee.
G.
The Director of Planning and Development, or his designee, is authorized
to make all inspections necessary to ensure compliance with provisions
of the Uniform Code, this chapter or any other law, ordinance or regulation.
Such inspections may be made at any time and in any manner as such
officials shall find convenient or necessary, with the consent of
the person in possession or occupancy thereof. If admission is refused
or cannot be obtained from the person in possession or occupancy,
the Director is authorized to obtain a search warrant to make such
inspection, provided that reasonable or probable cause is shown, except
that in the case of an emergency, the enforcement officer may, without
a warrant, enter any premises or parts of premises to inspect, at
any time, without the permission of the person in possession or occupancy.
H.
The Director may request and shall receive, so far as may be necessary
in the discharge of his/her duties, the assistance and cooperation
of any police agency, fire department. County Health Department and
the Highway Department or officers and of all other municipal officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment herein.
I.
The compensation for the staff of the Office of Planning and Development
shall be fixed from time to time by the Town Board.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney, or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Office of Planning and Development.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above the ground;
(3)
Construction of retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids or exceed 36 inches in height;
(4)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(5)
Installation of partitions or movable cases less than five feet nine
inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(7)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(8)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(9)
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.
No building permit shall be issued for the construction of any new
building, structure or use or enlargement of any existing building,
structure or use that will change, alter or affect the existing grading
plan of such building, structure or use, that is not otherwise subject
to site plan or special permit approvals, unless there is supplied
with the application for permit a grading plan that either shows compliance
with an approved subdivision plan or, where no approved subdivision
grading plan exists, such plan shall depict the existing and proposed
elevations for both the parcel to be modified and, where access is
possible, five feet inside the boundary line of the adjacent parcels,
and such plan shall be certified by a New York State licensed land
surveyor or professional engineer.
E.
Upon completion of construction, no certificate shall be issued unless there is submitted to the Department of Planning and Development an as-built plan, by such licensed professional identified in Subsection D herein, showing compliance with the approved plan submitted in Subsection D herein; alternatively, a modified grading plan may be submitted that indicates compliance with the general grading plan of this subsection.
F.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Director. 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
Director 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)
The signature of the owner of the property where the work is to be
performed;
(2)
A description of the location, nature, extent, and scope of the proposed
work;
(3)
The Tax Map number and the street address of any affected building
or structure;
(4)
The occupancy classification of any affected building or structure;
(5)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(6)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
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;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
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
(i)
If the work exceeds $20,000, involves any work of a structural
nature or involves any commercial or industrial work, 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.
G.
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 F(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 Office of Planning and Development, 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 Office of Planning and Development 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.
H.
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 Director or 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.
I.
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.
J.
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.
K.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within 90 days following the date of issuance. Building
permits shall expire 12 months after the date of issuance. A building
permit which has become invalid, or which has expired pursuant to
this subsection, may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Director of Planning and Development. Demolition permits shall
expire 180 days after issuance.
L.
Revocation or suspension of building permits. If the Director or
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 Director shall revoke the building
permit or suspend the building permit until such time as the Permit
Holder demonstrates that:
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, a blower door test 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 Director or 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 Director and 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 Director and 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 § 121-17, Violations; 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 subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy 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,
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; and
(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.
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)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy.
(1)
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:
(a)
That the building or structure, or the portion thereof covered
by the temporary certificate of occupancy, may be occupied safely;
(b)
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
(c)
That all required means of egress from the structure have been
provided.
(2)
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 Director or 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 section 18 (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.
The Chief of any fire department providing fire-fighting services
for a property within this Town shall promptly notify the Director
of any fire or explosion involving:
A.
Buildings or structures regulated by this Part 1 and the State Uniform Code which are structurally inadequate or have inadequate egress or which constitute a fire hazard or are otherwise dangerous to human life and are, for the purpose of this section, unsafe buildings.
B.
Building service equipment regulated by such codes which constitutes
a fire, electrical, health hazard, insanitary condition, or is otherwise
dangerous to human life is, for the purpose of this section, unsafe.
Any use of buildings, structures or building service equipment constituting
a hazard to safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage
or abandonment is, for the purpose of this section, an unsafe use.
C.
Parapet walls, cornices, spires, towers, tanks, statuary and other
appendages or structural members which are supported by, attached
to, or a part of a building and which are in deteriorated condition
or otherwise unable to sustain the design loads which are specified
in the Building Code are hereby designated as unsafe building appendages.
A.
Operating permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1)
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;
(2)
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, as applicable:
(a)
Chapter 22, Combustible dust-producing operations. Facilities
where the operation produces combustible dust;
(b)
Chapter 24, Flammable finishes. Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c)
Chapter 25, Fruit and crop ripening. Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(d)
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;
(e)
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;
(f)
Chapter 32, High-piled combustible storage. High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter 34, Tire rebuilding and tire storage. Operating a facility
that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts
or operating a tire rebuilding plant;
(h)
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;
(i)
Chapter 40, Sugarhouse alternative activity provisions. Conducting an alternative activity at a sugarhouse;
(j)
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 Article 270;
(k)
Section 307, Open burning, recreational fires and portable outdoor
fireplaces. Conducting open burning, not including recreational fires
and portable outdoor fireplaces;
(l)
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
(m)
Section 319, Mobile food preparation vehicles. Operating a mobile
food preparation vehicle in accordance with the permitting requirements
established by the Town Code, as now in effect or as hereafter amended
from time to time.
(3)
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.
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 100 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board; and
(9)
Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board. Any person who proposes to undertake any activity or to operate any type of building listed in this § 121-10 shall be required to obtain an operating permit prior to commencing such activity or operation.
B.
(Reserved)
C.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Director. Such application shall include such information as
the Director deems sufficient to permit a determination by the Director
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Director of Planning and Development 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 Director of
Planning and Development, at the expense of the applicant.
D.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (7) 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 § 121-11, Fire safety and property maintenance inspections, of this chapter, and condition assessments are performed in compliance with § 121-13, Condition assessments of parking garages, of this chapter, as applicable.
E.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Director 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 Director or an inspector
authorized by the Director, 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 Director or Inspector
authorized by the Director 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.
F.
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 Director 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.
G.
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.
H.
Revocation or suspension of operating permits. If the Director 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 Director or
his designee 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, fratemities, 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 Director, 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 Director 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 Director 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 Office of Planning and Development 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.
The Director 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, 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 Director
may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 121-17, Violations; 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. As used in this section, the following terms shall have
the meanings indicated:
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 evaluation.
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.
Includes 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
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to 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 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 the specified time as fixed by
the Town. 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 timeframe 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 of 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 subsection 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 § 121-5, Construction inspections, of this chapter;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 121-11, 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 Director 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:
A.
The Director or the Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
Planning and Development Office 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 Director shall annually submit to the Town Board 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 § 121-15, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Director 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 Director 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.
A.
Orders to remedy.
(1)
The Director or 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:
(a)
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
(b)
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.
(3)
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 registered mail or 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 Director, 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 $1,000 per day of violation, or imprisonment
not exceeding 15 days, or both; and
(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 $1,000
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 this Town, 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 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.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 121-6, 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 § 121-6, 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 Town Board.
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 may, by resolution, authorize the Supervisor
to enter into an agreement, in the name of the 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.
