This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Village. This chapter is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, the Energy Code, other state law, or
other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
chapter.
In this chapter, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to: amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Village stating that work was done
in compliance with approved construction documents and the Codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Village,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant §
105-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The chief of any fire department providing firefighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of
imminent danger in this Village shall be identified and addressed
inaccordance with the following procedures.
A. General.
(1) Compliance with state standards. The provisions of this chapter shall
be in addition to and in furtherance of the New York State Uniform
Fire Prevention and Building Code, including and not limited to the
Property Maintenance Code of the State of New York.
(2) The Code Enforcement Officer shall have the authority to order the
immediate evacuation of any unsafe building. The Code Enforcement
Officer shall order the immediate evacuation of any hazardous building.
(3) Inspection and report. When in the opinion of the Code Enforcement
Officer, who is hereby designated as the Enforcement Officer of this
chapter, any building or structure or any part thereof, located in
the Village shall be deemed dangerous or unsafe to the public, the
Code Enforcement Officer shall make a formal inspection thereof, and
submit a written report to the Board of Trustees which includes the
findings and recommendations in regard to the building's or structure's
removal, demolition, or repair.
(4) Order of raze or repair. The Board of Trustees shall thereafter consider
said report and if it finds sufficient grounds to establish that the
building or structure or any part thereof to be dangerous and unsafe
to the public, the Board of Trustees shall order, by resolution, its
removal, demolition, or repair, if the same can be safely repaired.
B. Notice procedure. The Village Board of Trustees shall order that
a notice be served in regard to the Village Board's finding to
proceed with removal, demolition, or repair. Service may either be
performed personally upon or by certified mail to the owner or the
owner's executors, legal representatives, agents, lessees and
may include any other person having vested or contingent interest
in the premises as shown by the last preceding assessment roll of
the Village or by the records of the County Clerk's office; if
no such person can be reasonably found, then by certified mail, addressed
to his or her last known address and by securely posting a copy of
such notice upon said premises.
(1) Notice contents. The notice shall contain the following:
(a)
A description of the premises.
(b)
A statement of the particulars for which the building or structure
is unsafe or dangerous.
(c)
An order requiring the same to be made safe and secured, repaired,
demolished, or removed.
(d)
The securing, removal, or demolition of the building or structure
shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter.
(e)
Such notice shall further provide that in case the owner or
such persons having interest in the property or structure as herein
described wish to contest the order, that a hearing will be held before
the Village Board of Trustees at a time and place specified in the
notice. In the event that such owner or persons having an interest
shall fail to contest such order and fail to comply with the same,
the Village Board will order the repair, demolition, or removal of
such building or structure and the Village will assess all costs and
expense incurred by the Village in the repair, demolition, or removal
of such building or structure against the land on which such building
or structure is located.
(2) Notice filing/cancellation.
(a)
A copy of the notice serviced in accordance with this chapter
shall be filled with the Allegany County Clerk's Office which
notice shall be filed by such Clerk in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules,
and shall have the same effect as notice of pendency as therein provided.
(b)
A notice so filed shall be effective for a period of one year
from the date of filing; provided, however, that it may be vacated
upon the order of a judge or justice of a court of records or upon
consent of the Village Attorney.
(c)
The County Clerk shall mark such notice and any record or docket
thereof as cancelled or record upon the presentation and filing of
such consent or a of a certified copy of such order.
C. Hearing.
(1) At the time and date specified in the notice to repair, demolish,
or remove, the Village Board of Trustees shall conduct the public
hearing. The Village Board shall allow the representation of testimony
and evidence regarding the conditions of the property with reference
to those particulars contained in the notice. An adjournment may occur
from time to time until the hearing is completed and until all interested
parties are heard.
(2) At the conclusion of the hearing the Village Board of Trustees shall
determine whether to revoke the order to repair, demolish, or remove,
or continue said order and direct the owner and/or other interested
persons to complete the work within a specified time which shall be
reasonable to the time needed to perform the work and the necessity
to protect the general public.
D. Failure to comply with order. In the event that the owner and persons
in interest shall fail to comply with the final order of the Village
Board to repair, demolish, or remove, the Village Board shall order
such building or structure to be made safe and secure, repaired, demolished,
or removed and assess all the costs and expense, including the cost
associated with the remedies (attorney fees, etc.) and a charge of
not to exceed 10% of the costs of administration and supervision against
the land on which such building or structure is located at the same
time and in the same manner as general Village taxes.
E. Emergencies.
(1) Procedures. In the cases of an immediate danger to the life or safety
of any person or property, unless an unsafe building or structure
is immediately repaired or demolished and the owner or other responsible
person in charge fails to take immediate action or cannot be located
with due diligence, the Code Enforcement Officer shall report such
facts immediately to the Village Mayor, and if the Village Mayor confirms
the findings of the Code Enforcement Officer, the Code Enforcement
Officer shall cause the immediate repair, removal, or demolition of
such unsafe building or structure subject to a due process proceeding.
(2) If the Enforcement Officer finds that an unsafe building is a hazardous
building, the Enforcement Officer shall post a copy of the DCN upon
such hazardous building. No hazardous building may be occupied, nor
may a hazardous building be re-occupied, until each and all unsafe
and hazardous conditions are remediated. In addition to posting the
DCN, the Enforcement Officer shall cause the following to be posted
at each entrance to a hazardous building that is found to pose an
imminent or immediate danger:
CONDEMNED: THIS BUILDING IS HAZARDOUS AND UNSAFE, ENTRY, USE,
AND OCCUPANCY OF THIS BUILDING HAVE BEEN PROHIBITED BY THE VILLAGE
OF CUBA.
The notice shall also include the reasons for the CEO's
posting the "Do Not Occupy," including citations to specific code
sections being violated, that the owner/occupant has a right to present
reasons why the Code Enforcement Officer's proposed action should
not be taken and the notice of the time within which the owner/occupant
must request the hearing and the manner in which the owner/occupant
must make the request. This is a notice of due process hearing.
Such notice shall remain posted until all required repairs are
made or demolition of the hazardous building is completed. It shall
be unlawful for any person to remove such notice without written permission
of the Enforcement Officer, or for any person to enter a hazardous
building except for the purpose of evaluating the building condition,
making the required repairs, or to demolish such hazardous building.
Further, if the Enforcement Officer determines that an Emergency exists
in relation to such hazardous building, the Enforcement Officer is
also hereby empowered, but not required, to: a) enter any such premises
for the purposes of inspection and investigation, b) promptly cause
any hazardous building or portion thereof to be made safe or removed,
c) order the vacation of adjacent structures, and d) protect the public
by appropriate barricades or such other means as may be necessary,
including the closure of public or private ways.
(3) The due process hearing shall be held within five days of any request
for a due process hearing by the owner/occupant. The hearing shall
be conducted by the Hearing Officer. The Hearing Officer shall be
the Village Mayor or his/her designee. The Code Enforcement Officer
must appear to present his evidence to the Hearing Officer. The Village
Attorney may assist. It is recommended, but not required, that an
audio or video record of the proceedings be made. The Hearing Officer
shall issue a written decision within seven days of the hearing.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance, or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
105-16 (Violations) of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Board
of Trustees of this Village. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Village Board of Trustees of this Village may, by resolution,
authorize the Mayor of this Village to enter into an agreement, in
the name of this Village, with other governments to carry out the
terms of this chapter, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
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 of this
chapter.
This chapter 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.