[HISTORY: Adopted by the Town Board of the
Town of Victor as indicated in article histories. Amendments noted
where applicable.]
[1]
Editor's Note: Prior amendments included L.L. Nos. 7-2009;
4-2011 (adopted as a more restrictive local standard by the New York
Stat Fire Prevention and Building Code Council on 6-15-2011); 17-2012;
3-2017; and 3-2019.
This article 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 article is adopted pursuant to
§ 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, other state law, or other section of
this article, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this article.
As used in this article, the words and phrases listed below
shall be deemed to have the following meanings:
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 issued pursuant to § 83-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
A document issued by the Town stating that the 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 a 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 § 83-3 of this article.
The Code Enforcement Officer and all inspectors.
The Uniform Code and Energy Code.
An order issued by the Code Enforcement Officer pursuant to § 83-16A of this article.
An on-site inspection and evaluation of a parking garage pursuant to § 83-13 of this article for evidence of deterioration of any structural element of 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 loss of effectiveness
of a structural element or building component.
The State Energy Conservation Construction Code, as adopted
pursuant to Article 11 of the Energy Law, as currently in effect and
as hereafter amended from time to time.
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 § 83-3D of this article.
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 § 83-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
An order issued by the Code Enforcement Officer pursuant to § 83-17 of this article.
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 vehicle, excluding: a) a building in which the
only level used for parking or storage of motor vehicles is on grade;
b) an attached or accessory structure providing parking exclusively
for a detached one- or two-family dwelling; and c) a townhouse unit
with attached parking exclusively for such unit.
The person to whom a building permit has been issued.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
The professional engineer who performs a condition assessment pursuant to § 83-13 of this article, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report.
An order issued pursuant to § 83-6 of this article.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
The Town of Victor.
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 as currently in effect and as hereafter
amended from time to time.
Any building or structure or portion thereof which, because
of its structural condition:
Is or may become dangerous or unsafe to the public;
Is open at the doorways or walls, making it accessible to and
an object of attraction to minors under 18 years of age, as well as
to vagrants and other trespassers;
Is or may become a place of rodent infestation;
Consists of debris, rubble or part of buildings left on the
ground after demolition, reconstruction, fire or other casualty;
Is so damaged, decayed, dilapidated, or structurally unsafe,
or is of such faulty construction or unstable foundation, that partial
or complete collapse is possible;
Presents any other danger to the health, safety, morals and
general welfare of the public.
A condition identified as "unsafe" in Section 304.1.1, Section
305.1.1, and Section 306.1.1 of the ICC Property Maintenance Code,
as currently incorporated by reference in Part 1226 of Title 19 of
the NYCRR.
[1]
Editor's Note: So in original.
A.
The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this article. 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 or certificates of compliance,
temporary certificates or conditional certificates 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 or certificates of compliance, temporary certificates
or conditional certificates and operating permits, and to include
in building permits, certificates of occupancy or certificates of
compliance, temporary certificates or conditional certificates and
operating permits such 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 or certificates of compliance,
temporary certificates or conditional certificates 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 article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town;
(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 article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this article;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
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, an individual shall be appointed by the Town
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this article.
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 article. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training an other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Town Board of this Town.
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 and Town 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 Code Enforcement Officer.
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 ground;
(3)
Construction of retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion picture, television or theater stage
sets and scenery;
(5)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(6)
Installation of partitions or movable cases less than five feet nine
inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(8)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(9)
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
(10)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code and/or Town Code;
and
(5)
At least three sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code;
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
to lot lines; and
(f)
Where applicable, plans, specifications, rating body approvals
and materials related to the fire sprinkler system.
(6)
A statement of whether or not the structure is within a flood zone;
(7)
The signature of the owner or authorized agent of the owner.
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(5) 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. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return 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.
(1)
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, Energy Code and Victor Town Code, including Subsection F(2) below. Demolition permit applications shall be examined by the Code Enforcement Officer and, pursuant to § 211-50.1, those applications for demolition permits relating to structures 50 years old (or older), or structures listed on the Town Historic Resources Inventory, shall be referred to the Planning Board. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code, Victor Town Code and any approved site plan or subdivisions.
(2)
Fire prevention requirements. In addition to the requirements in Subsection F(1) above, the following fire prevention requirements shall be adhered to:
(a)
Sprinkler system. All structures, except those structures set forth in Subsection F(2)(c) below, shall be required to have an approved fire sprinkler system installed and operational.
(b)
Alterations. Whenever a proposed alteration, addition or repair
to an existing structure exceeds 50% of the square footage of that
structure, the existing structure, along with the proposed alteration,
addition or repair, shall be required to have an approved fire sprinkler
system installed and operational.
(c)
Exemptions. The following shall be exceptions from the fire prevention requirements set forth herein at § 83-4F(2):
[2]
Detached accessory structures (as defined in Chapter 211 of the Victor Town Code) that meet the following requirements: less than 1,000 square feet; no more than one story; located at least 100 feet from any other structures; and no installed electric service, fuel gas or heat sources. Such structures shall be designated with a sign entitled "Nonsprinklered building" in four-inch-high contrasting letters situated near the main entrance to said structure.
[3]
In spaces where the discharge of water would be hazardous or
damaging to equipment or occupants, a fire sprinkler system shall
not be required to be installed. In lieu of a fire sprinkler system,
such spaces shall require other approved fire-extinguishing equipment.
Determinations under this subsection shall be made by a Code Enforcement
Officer.
(d)
Waiver. The requirements of § 83-4F(2) herein with respect to an approved fire sprinkler system may be waived by the Zoning Board of Appeals after a public hearing with 10 days' published notice. Such notice shall also be mailed to property owners within 500 feet of the subject property and the Fire Chiefs of each Fire Department operating within the Town of Victor. In reviewing said waiver request, the Zoning Board of Appeals shall consider:
[1]
Undue economic hardship.
[2]
Physical or legal impossibility.
[3]
Impediment to the intended objectives of this section.
[4]
Necessity in light of other viable alternatives which meet the
objectives of this section.
[5]
Recommendations and comments submitted by Fire Chiefs of Fire
Departments operating within the Town of Victor.
[6]
Conflict with other state or federal regulations. In no event
shall the Zoning Board of Appeals have the authority to interpret,
modify, or permit variance from the New York State Uniform Fire Prevention
and Building Code.
G.
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.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents that 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.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 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
for up to two twelve-month extensions upon payment of the applicable
fee and approval of the application by the Code Enforcement Officer.
Any extensions thereafter may only be granted by the Zoning Board
of Appeals upon application and payment of the applicable fee.
J.
Revocation or suspension of building permits. A building permit shall
be revoked if the Code Enforcement Officer determines that there has
been a failure to comply with a duly issued stop-work or compliance
order. 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, the Energy Code, the Town Code, or the
Design and Construction Standards, the Code Enforcement Officer 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 by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire-protection and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including,
but not limited to, insulation, fenestration, air leakage, system
controls, mechanical equipment size, and, where required, minimum
fan efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and
controls;
(10)
Installation, connections, and assembly of factory manufactured buildings
and manufactured homes; and
(11)
A final inspection after all work authorized by the building permit
has been completed.
C.
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer, or by such authorized
inspector, that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work has been brought into compliance with all applicable provisions
of the Uniform Code and Energy Code, reinspected and found satisfactory
as completed.
(1)
The Code Enforcement Officer may accept proof of a satisfactory inspection
in lieu of his own inspection by a federal, state, county or private
institution charged by law with conducting such inspection for the
purpose of complying with federal, state or county laws or regulations.
(2)
It shall be the responsibility of the owner or applicant to inform
the Code Enforcement Officer that such work is ready for each required
inspection by the Code Enforcement Officer.
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 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 affected 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.
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 § 83-17, Enforcement; penalties for offenses, of this article 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 or 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 or 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 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 issuance of the
certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications.
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code.
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory-manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy or 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, 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 assembly occupancy load of 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.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy or certificate
of compliance or conditional certificate was issued in error because
of incorrect, inaccurate or incomplete 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.
The Chief of any fire department providing firefighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent, as well as discharge
of or shutting down of any fire protection devices.
Unsafe buildings and structures in this Town shall be identified
and addressed in accordance with the following procedures:
A.
Inspection; report. When, in the opinion of the Code Enforcement
Officer, any building or structure located in the Town of Victor shall
be deemed to be dangerous or unsafe to the public as defined in this
article, the Code Enforcement Officer shall make a formal inspection
thereof and report, in writing, to the Town Board his or her findings
and recommendations in regard to the building's or structure's
removal or repair.
B.
Order to repair; hearing. The Town Board shall thereupon consider
the report, and, if it finds that such building or structure is dangerous
and unsafe to the public, it shall, by resolution, order its repair
if the same can be safely repaired and, if not, its removal and demolition,
and shall further order that a hearing be held before the Town Board,
at a time and place therein specified and on at least five days'
notice to the owner of the building or structure or persons having
an interest therein, to determine whether said order to repair or
remove shall be affirmed or modified or vacated and, in the event
of modification or affirmance, to assess all costs and expenses incurred
by the Town in the repair or removal of such building or structure
against the land on which said building or structure is located. Said
order shall also provide that the securing or removal of said building
or structure shall commence within 30 days after service of notice
and shall be completed within 60 days thereafter.
C.
Contents of notice. The notice shall contain the following statements:
(1)
The name of the owner or person in possession as it appears from
the tax and deed records.
(2)
A brief description of the premises and its location.
(3)
A description of the building or structure which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
(4)
An order requiring the same to be made safe and secure or to be removed.
(5)
That the securing or removal of said building or structure shall
commence within 30 days of the service of the notice and shall be
completed within 60 days thereafter.
(6)
The time and place of the hearing to be held before the Town Board,
at which hearing the owner or occupant shall have the right to contest
the order and findings of the Town Board.
(7)
That, in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and
fail to comply with the same, that Town Board will order the repair
or removal of such building or structure by the Town and that the
Town will assess all costs and expenses incurred in such removal against
the land on which such building or structure is located.
A.
Operating permit required.
(1)
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(b)
Buildings, structures, facilities, processes, and/or activities
that are within the scope and/or permit requirements of the chapter
or section title of the FCNYS as follows:
[1]
Chapter 22, Combustible Dust-Producing Operations. Facilities
where the operation produces combustible dust;
[2]
Chapter 24, Flammable Finishes. Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
[3]
Chapter 25, Fruit and Crop Ripening. Operating a fruit- or crop-ripening process using ethylene gas;
[4]
Chapter 26, Fumigation and Insecticidal Fogging. Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
[6]
Chapter 32, High-Piled Combustible Storage. High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
[7]
Chapter 34, Tire Rebuilding and Tire Storage. Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire by-products or operating a tire rebuilding plant;
[8]
Chapter 35, Welding and Other Hot Work. Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
[9]
Chapter 40, Sugarhouse Alternative Activity Provisions. Conducting
an alternative activity at a sugarhouse;
[10]
Chapter 56, Explosives and Fireworks. Possessing, manufacturing,
storing, handling, selling, or using explosives, fireworks or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270.00;
[11]
Section 307, Open Burning, Recreational Fires and Portable Outdoor
Fireplaces. Conducting open burning, not including recreational fires
and portable outdoor fireplaces;
[12]
Section 308, Open Flames. Removing paint with a torch, or using
open flames, fire, and burning in connection with assembly areas or
educational occupancies; and
[13]
Section 319, Mobile Food Preparation Vehicles. Operating a mobile
food preparation vehicle in accordance with the permitting requirements
in this article;
(c)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more;
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board of this Town;
(f)
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;
(g)
Outdoor events where the planned attendance exceeds 2,000 persons;
(h)
Facilities that store, handle, or use hazardous production materials;
and
(i)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Town Board of this Town.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in person or remotely. Remote inspections in lieu
of in person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program, including a citation to the specific provision
or provisions that have not been met.
D.
Multiple activities. In any circumstances in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly. 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 Code Enforcement, payment of the applicable fee, and approval of
such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(3)
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
B.
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 inspector designated by the Code Enforcement Officer at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; 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 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.
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 article,
or any other local law or regulations adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 83-17, Enforcement; penalties for offenses, of this article;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which has been found to exist is abated or corrected,
performing an inspection to ensure that the violation has been abated
or corrected, preparing a final written report reflecting such abatement
or correction, and filing such report with the complaint.
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding buildings in which the only
level used for parking or storage of motor vehicles is on grade; an
attached or accessory structure providing parking exclusively for
a detached one- or two-family dwelling; and a townhouse unit with
attached parking exclusively for such unit.
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use off 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.
This 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.
General requirements. The owner or operator of each parking garage
shall cause such parking garage to undergo an initial condition assessment,
periodic condition assessments, and such additional condition assessments
as may be required herein. 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 herein. 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 being issued for the structure.
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 D of this section, the Town shall require the owner or operator of such parking garage to 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 judgement of the Code Enforcement Officer, 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 D of this section, the Code Enforcement Officer shall require the owner or operator of such parking garage to 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 Code Enforcement Officer 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 30 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage and considered the information in
the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in his or her 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 Code Enforcement Officer 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.
All repairs and remedies shall comply with the applicable provisions
of the Uniform Code. Neither this subsection nor the provisions of
the code enforcement program of the Town that implement this subsection
shall 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.
Neither this section nor the provisions of the code enforcement program
of the Town that implement this section shall limit or impair the
right or the obligation of the Town:
(1)
To perform such construction inspections as are required elsewhere
by this chapter or the code enforcement program of the Town;
(2)
To perform such periodic fire safety and property maintenance inspections
as are required elsewhere by this chapter or the code enforcement
program of the Town; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Town by means of its own inspections or observations, by means
of a complaint, or by any other means other than a condition assessment
or a report of a condition assessment.
A.
The Code Enforcement Officer shall determine the climate and geographic
design criteria for buildings and structures constructed within the
Town as required by the Uniform Code. Such determinations shall be
made in a 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 termites; 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
identification in the Design Criteria Table found in Chapter 3 of
the RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
B.
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy or certificates of
compliance, temporary certificates or conditional 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;
(10)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Town Board of this Town 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 § 83-15, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State true and complete copies of 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 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 article. An order to remedy shall:
(a)
Be in writing.
(b)
Be dated and signed by the Code Enforcement Officer.
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this article.
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this article which is/are violated by the specified
condition or activity.
(e)
Include a statement substantially similar to the following:
"The person or entity served with this order to remedy must completely
remedy each violation descripted in this order to remedy by _____
[specify date], which is 30 days after the date of this order to remedy.
(f)
State an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
(g)
The order to remedy may include provisions ordering the person
or entity served with such order to remedy: 1) to begin to remedy
the violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this article 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.
(2)
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 order.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this article, or any term or condition of any building
permit, certificate of occupancy or certificate of compliance, temporary
certificate or conditional certificate, stop-work order, operating
permit or other notice or order issued by Code Enforcement Officer
pursuant to any provision of this article, shall be liable to a civil
penalty of not more than $200 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 article,
or any term or condition of any building permit, certificate of occupancy
or certificate of compliance, temporary certificate or conditional
certificate, stop-work order, operating permit, compliance order,
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this article. 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 article, or any stop-work order, compliance order or other order
obtained under the Uniform Code, the Energy Code or this article,
an action or proceeding may be commenced in the name of this Town,
in the Supreme Court or in any other court having the requisite jurisdiction,
to obtain an order directing the removal of the building or structure
or an abatement of the condition in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the Town Board of this
Town.
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 § 83-6, Stop-work orders, of this article, in any other section of this article, 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 § 83-6, Stop-work orders, of this article, in any other section of this article, 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.
Whenever the Town Board learns of any violation of this article,
the Town Board may adopt a resolution requiring the owner or occupant,
or both, as the case may be, of the premises with regard to which
a violation has occurred to remedy such violation, specifying the
nature of the work to be done and the time within which it shall be
completed. A notice of the adoption of such resolution shall be served
upon such owner or occupant, or both, by registered or certified mail
addressed to his or their last known address. When a notice to perform
work is served by registered or certified mail, then an additional
copy of the notice shall be posted on the premises.
B.
The notice shall be in substantially the following form:
To the owner, occupant or person having charge of land within
the Town of Victor briefly described as follows: (Here describe the
subject property.) Notice is hereby given that certain violations
of the Code of the Town of Victor currently exist at the aforementioned
property, namely: (Here cite Code sections violated and describe the
work that mush be performed to remedy the violations) and constitutes
an unsafe building or structure in the Town of Victor. These violations
must be remedied by performing the work stated above within 30 days
from the date of this notice. If said work is not performed and said
violations are not remedied on or before the expiration of said 30
days from the date hereof, you are hereby summoned to appear before
the Town Board of the Town of Victor, New York, at __________ a.m./p.m.
on the __________ day of __________, 20 _____, at which time a hearing
will be held to determine whether the conditions on the property constitute
a public nuisance and why the Town of Victor, New York, acting through
its duly authorized agents, servants, officer and employees, should
not enter upon said property and perform said work. In the event that
the Town Board directs that said work be performed, the expense incurred
by the Town of Victor shall be assessed against said property and
shall constitute a lien thereon and be collected in the manner provided
by law.
Dated:
Town Board of the Town of Victor
C.
Whenever such notice has been served upon such owner or occupant,
or both, of the respective premises and such owner or occupant shall
neglect or fail to comply with the requirements of such notice within
the time provided therein, the Town Board shall conduct a hearing
before the Town Board, the date, time and place of which must be included
in the original notice to perform work. The purpose of the hearing
shall be to determine the existence of the violations and whether
there was a failure to remedy or repair same.
D.
Whenever such notice has been served upon such owner or occupant,
or both, of the respective premises and such owner or occupant shall
neglect or fail to comply with the requirements of such notice within
the time provided therein, the Town Board, or its duly authorized
agents or employees, shall cause such notice to be filed in the office
of the County Clerk in the same manner as a notice of pendency pursuant
to Article 65 of NY CPLR.
E.
Whenever such notice is issued, the Town Board shall also authorize
an inspection and report of the subject premises by an official duly
appointed by the Town Board. Said official shall prepare a written
report and appear at any hearing authorized in this section to offer
verbal testimony regarding the same.
F.
After said hearing, if the Town Board determines that such owner
or occupant neglected or failed to comply with the requirements of
such notice within the time provided therein, the Town Board shall
authorize the work to be done and pay the cost thereof out of general
Town funds to be appropriated by the Town Board for such purposes.
G.
The Town shall be reimbursed for the cost of the work performed or
services rendered, including attorney, engineering and other fees
incurred, by the direction of the Town Board as herein provided, by
assessment and levy upon the lots or parcels of land wherein such
work was performed or such services rendered. The expenses so assessed
shall constitute a lien and charge on the real property on which they
are levied until paid or otherwise satisfied or discharged and shall
be collected in the same manner and at the same time as other Town
charges.
A fee schedule shall be established by the Town Board of the
Town of Victor. 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 or certificates of compliance, temporary certificates
or conditional certificates, operating permits, fire safety and property
maintenance inspections, and other actions of the Code Enforcement
Officer described in or contemplated by this article.
The Town Board of the Town of Victor may, by resolution, authorize
the Town Supervisor to enter into an agreement, in the name of the
Town of Victor, with other governments to carry out the terms of this
article, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.
If any section of this article shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
article.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
