[Amended 11-16-2022 by L.L. No. 8-2022]
This chapter shall provide for administration and enforcement
of the Uniform Code, Energy Code, and state and local laws. This chapter
is adopted pursuant to § 10 of Article 2 of the Municipal
Home Rule Law. Except as otherwise provided within this chapter, the
Uniform Code, Energy Code, and state and local laws, all premises,
regardless of use, are subject to the provisions which follow.
[Added 11-16-2022 by L.L. No. 8-2022]
As used in this code, the following terms shall have the meanings
indicated:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
including tents, 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, 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 and any updates thereto.
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 §
71-12 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.
ORDER TO REMEDY
An order issued by the Code Enforcement Officer pursuant to Subsection
A, of §
71-9 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 1220.
RCNYS
The 2020 Residential Code of New York 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 Town Board may, by resolution, authorize
the Supervisor to enter into a contract with other governments to
carry out the terms of this chapter.
If any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder thereof.
[Amended 11-16-2022 by L.L. No. 8-2022]
A. The office of Code Enforcement Official is hereby created. The Code
Enforcement Officer shall administer and enforce all of the provisions
of the Uniform Code, the Energy Code, and this chapter. The Code Enforcement
Officer shall have the following powers and duties:
(1) To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificate of compliance, 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, and operating permits, and
to include in terms and conditions as the Code Enforcement Official
may determine to be appropriate building permits, certificates of
occupancy, certificates of compliance, and operating permits;
(3) To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
and operating permits; fire safety and property maintenance inspections;
inspections incidental to the investigation of complaints; and all
other inspections required or permitted under any provision of this
chapter;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant Subsection
A of §
71-9 (Violations; penalties for offenses);
(8) To collect fees as set by the Town Board of the Town of Halfmoon;
(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.
B. The Code Enforcement Officer shall be appointed by the Town Board.
The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training, and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the Department of State pursuant
to the Executive Law and the regulations promulgated thereunder.
C. In the event that the Code Enforcement Officer is unable to serve
as such for any reason, the Coordinator of Building, Planning and
Development shall serve as Acting Code Enforcement Officer. If the
Coordinator of Building, Planning and Development is unable to serve
as Acting Code Enforcement Officer, the Town Board shall appoint an
individual to serve as acting Code Enforcement Officer. The acting
Code Enforcement Officer shall, during the term of their appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this chapter.
D. One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
E. The compensation for the Code Enforcement Officer and inspectors
shall be fixed by the Town Board of this Town.
[Amended 7-16-2014 by L.L. No. 3-2014; 11-19-2014 by L.L. No.
6-2014; 5-3-2017 by L.L. No. 1-2017; 6-19-2019 by L.L. No. 8-2019; 4-6-2022 by L.L. No. 1-202211-16-2022 by L.L. No. 8-2022]
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 tent on commercial property, or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney, or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Town.
B. No permit shall be required for:
(1) Necessary repairs which do not materially affect structural features.
(2) Repairs, provided that the work does not have an impact on fire and
life safety such as: i) any part of the structural system; ii) the
required means of egress; or iii) the fire protection systems or the
removal from service of any part of the fire protection system for
any period of time.
(3) Construction of temporary sets and scenery associated with motion
picture, television, and theater uses.
(4) Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses).
(5) Painting, wallpapering, tiling, carpeting, or other similar finish
work.
C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection
B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1) A description of the location, nature, extent, and scope of the proposed
work;
(2) The Tax Map number and the street address of any affected building
or structure;
(3) Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(4) At least three sets of construction documents (drawings and/or specifications)
and, at the discretion of the Code Enforcement Officer, an electronic
version of the plan set 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)
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
E. Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection
D(4) 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. Two sets of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F. Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and the Energy Code.
G. Footing and foundation permits. For all applications subject to site
plan review, a footing and foundation permit may be issued at the
discretion of the Code Enforcement Officer for the first phase of
construction. Prior to issuance of a full building permit and initiation
of framing, a foundation location plan, stamped and signed by a New
York State-licensed land surveyor, shall be submitted to the Building
Department.
H. Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
I. Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
J. Time limits. Building permits shall become invalid unless the authorized
work is commenced within 12 months following the date of issuance.
Building permits shall expire 12 months after the date of issuance,
except that building permits for pools shall expire 180 days after
the date of issuance, and building permits for lawn sprinklers shall
expire 30 days after the date of issuance. A building permit which
has become invalid or which has expired pursuant to this subdivision
may be renewed upon application by the permit holder, payment of the
applicable fee, and approval of the application by the Code Enforcement
Officer.
K. Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate, or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that 1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code, and 2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and Energy Code.
L. Fee. The fee specified in or determined in accordance with the provisions set forth in §
71-6 (Fees) of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
[Amended 6-19-2019 by L.L. No. 8-2019; 11-16-2022 by L.L. No. 8-2022]
A fee schedule shall be established by resolution of the 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, operating permits, fire
safety and property maintenance inspections, GEIS fees and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
[Amended 6-19-2019 by L.L. No. 8-2019; 11-16-2022 by L.L. No. 8-2022]
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 and tents on commercial property, or portions
thereof, which are concerted from one use or occupancy classification
or subclassification to another. Permission to use or occupy a building,
structure, tent on commercial property, 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 certificate of occupancy and certificate of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure, tent
on commercial property, 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 certification, if required;
(3) A written statement of the results of tests performed to show compliance
with the Energy Code;
(4) Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory-manufactured
buildings and/or manufactured homes;
C. Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1) The building permit number, if any;
(2) The date of issuance of the building permit, if any;
(3) The name (if any), address and Tax Map number of the property;
(4) If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5) The use and occupancy classification of the structure;
(6) The type of construction of the structure;
(7) The occupant load of the assembly areas in the structure, if any;
(8) Any special conditions imposed in connection with the issuance of
the building permit; and
(9) The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D. Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy or a certificate
of compliance 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 a period of time as shall
be specified by the Code Enforcement Officer, the Code Enforcement
Officer shall revoke or suspend such certificate.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
71-6 (Fees) of this chapter must be paid at the time of submission of an application for a certificate of occupancy or for a certificate of compliance.
[Amended 6-19-2019 by L.L. No. 8-2019; 11-16-2022 by L.L. No. 8-2022]
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;
(3) Preparation for concrete slab;
(5) Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6) Fire-resistant construction;
(7) Fire-resistant penetrations;
(8) Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9) Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10) Installation, connection, and assembly of factory-manufactured buildings
and manufactured homes; and
(11) A final inspection after all work authorized by the building permit
has been completed.
C. Fire prevention and property maintenance inspections.
(1) Multiple dwellings shall be inspected for the purpose of determining
compliance with fire prevention and property maintenance requirements
of the Uniform Code at least once in every 12 months. Inspections
of such buildings shall include the common areas, such as halls, foyers,
staircases, etc., and vacant dwelling units. Where the tenants of
occupied dwelling units allow, the inspection may include such units.
(2) Fire safety inspections of buildings or structures having areas of
public assembly, defined as "all buildings or portions of buildings
used for gathering together 50 or more persons for amusement, athletic,
civic, dining, educational, entertainment, patriotic, political, recreational,
religious, social or similar purposes, the entire fire area of which
they are a part, and the means of egress therefrom" shall be performed
at least once in every 12 months.
(3) All other buildings, uses and occupancies (except one- or two-family
dwellings) shall be inspected at least once in every 12 months.
D. Work which requires special inspections during construction shall
be the responsibility of the owner, applicant, or his agent to provide
a list, at his or her expense. A statement of the special inspections,
including a complete list of materials and work requiring such inspections,
and a list of the individuals and approved agencies shall be provided
to the Code Enforcement Officer for the permit application file. The
reports of such special inspections shall be provided to the Code
Enforcement Officer for the permanent record.
E. Inspections permitted. In addition to the inspections required by Subsection
C 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.
F. If entrance to make an inspection is refused or cannot be obtained,
the Town Board, after being notified by the inspector of the situation,
may apply to any court of competent jurisdiction for an order to make
an inspection.
G. OFPC inspections.
(1) 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.
(2) Notwithstanding any other provisions of this section to the contrary,
the Code Enforcement Officer may accept an inspection performed by
the Office of Fire Prevention and Control or other authorized entity
pursuant to §§ 807-a and 807-b of the Education Law
and/or § 156-e of the Executive Law in lieu of a fire safety
and property maintenance inspection performed by the Code Enforcement
Officer or by an inspector, provided that:
(a)
The Code Enforcement Officer is satisfied that the individual
performing such inspection satisfies the requirements set forth in
19 NYCRR § 1203.2(e);
(b)
The Code Enforcement Officer is satisfied that such inspection
covers all elements required to be covered by a fire safety and property
maintenance inspection;
(c)
Such inspections are performed no less frequently than once
a year;
(d)
A true and complete copy of the report of each such inspection
is provided to the Code Enforcement Officer; and
(e)
Upon receipt of each such report, the Code Enforcement Officer takes appropriate action prescribed by §
71-9 (Violations; penalties for offenses) of this chapter.
H. Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform construction inspections and/or
fire safety and property maintenance inspections, a remote inspection
may be performed in lieu of an in-person inspection when, in the opinion
of the Code Enforcement Officer or such authorized inspector, the
remote inspection shows to the satisfaction of the Code Enforcement
Officer or by 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,
the Uniform Code and the 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.
I. 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 of the Uniform Code or Energy Code, and it
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.
J. Fee. The fee specified in or determined in accordance with the provisions set forth in §
71-6 (Fees) of this chapter must be paid upon receipt of an invoice generated as a result of the inspection. This subsection shall not apply to inspections performed by OFPC.
[Amended 11-16-2022 by L.L. No. 8-2022]
A. Orders to remedy.
(1) The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about
any building, structure, or premises in violation of the Uniform Code,
the Energy Code, or this chapter. An order to remedy shall be in writing;
shall be dated and signed by the Code Enforcement Officer; shall specify
the condition or activity that violates the Uniform Code, the Energy
Code, or this chapter; shall specify the provision or provisions of
the Uniform Code, the Energy Code or this chapter which is/are violated
by the specified condition or activity; and shall include a statement
substantially similar to the following:
"The person or entity served with this order to remedy must
completely remedy each violation described in the order by _____,
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 to:
(a)
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)
Take such other protective actions (such as vacating the building
or barricading the area where the violations exist) which are authorized
by this chapter or by any other applicable statute, regulation, rule,
local law or ordinance, and which the Code Enforcement Officer may
deem appropriate, during the period while such violations are being
remedied. The Code Enforcement Officer shall cause the order to remedy,
or a copy thereof, to be served on the owner of the affected property
personally or by 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 Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code and Energy 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 as set by the Town Board via resolution 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, stop-work order,
operating permit or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter shall be liable to pay a civil penalty
as set by the Town Board via resolution for each day or part thereof
during which such violation continues. The civil penalties provided
by this subsection shall be recoverable in an action instituted in
the name of the Town of Halfmoon.
D. Injunctive relief. An action or proceeding may be instituted in the
name of the Town of Halfmoon. 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, 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, structure, or tent 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 the Town of Halfmoon in the Supreme Court or in any
other court having the requisite jurisdiction to obtain an order directing
the removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subsection shall be commenced without the appropriate authorization
from the Town Board of the Town of Halfmoon.
E. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in §
71-10 (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, §
71-10 (Stop-work orders) of this chapter, in any 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.
[Amended 11-16-2022 by L.L. No. 8-2022]
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.
B. Content of stop-work orders. Stop-work orders shall be in writing,
be dated and signed by the Code Enforcement Officer, state the reason
or reasons for issuance, and, if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
C. Service of stop-work orders. The Code Enforcement 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 §
71-9 (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.
[Amended 11-16-2022 by L.L. No. 8-2022]
A. The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other Local Law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code so long as the
complaint is signed by the complainant and includes the complainant's
address.
B. The process for responding to a complaint shall include such of the
following steps as the Code Enforcement Officer may deem to be appropriate:
(1) Performing an inspection of the condition and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2) 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 §
71-9 (Penalties for offenses) of this chapter;
(3) If appropriate, issue a stop-work order; and
(4) 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.