[Amended 3-15-2023 by L.L. No. 3-2023]
A.
Creation, appointment and organization. A Zoning Board of Appeals
is hereby created. Said Board shall consist of five members. The Board
shall elect a Chairman from its membership, shall appoint a Secretary
and shall prescribe rules for the conduct of its affairs.
B.
Powers and duties. The Zoning Board of Appeals shall have all the
powers and duties prescribed by law and by this chapter, which are
more particularly specified as follows:
(1)
Interpretation. Upon appeal from a decision by an administrative
official, to decide any question involving the interpretation of any
provision of this chapter, including determination of the exact location
of any district boundary if there is uncertainty with respect thereto.
(2)
Special permit. To issue special permits for any of these uses for
which this chapter requires the obtaining of such permits from the
Zoning Board of Appeals.
(a)
Procedure for special permit. All applications for special permits
shall be in writing on forms prescribed by the Board. Every application
shall refer to the specific provision of the law and shall exactly
set forth the use for which the special permit is sought. At least
seven days before the date of the public hearing, the Secretary of
said Board shall transmit to the Planning Board a copy of said application
together with a copy of the notice of the aforesaid hearing and shall
request that the Planning Board submit to the Zoning Board of Appeals
its opinion on said application, and the Planning Board shall submit
a report of such advisory opinion prior to the said hearing. Upon
failure to submit such a report, the Planning Board shall be deemed
to have approved the application.
(3)
Variances. To vary the strict application of any of the requirements of Chapter 350, Zoning, of the Village of Dryden.
(a)
AREA VARIANCE
USE VARIANCE
For purposes of this section, the following definitions shall
apply:
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
topographical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
(b)
No use variance shall be granted by the Zoning Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship, the applicant shall demonstrate to the
Zoning Board of Appeals:
[1]
The land in question cannot yield a reasonable return if used
only for a purpose allowed in that zone, which deprivation of reasonable
return must be established by competent financial evidence.
[2]
The alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood.
[3]
The requested use variance, if granted, will not alter the essential
character of the neighborhood.
[4]
The alleged hardship has not been self-created.
(c)
The Zoning Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proved by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(d)
In making its determination as to whether to grant an area variance,
the Zoning Board of Appeals shall take into consideration the benefit
to the applicant if the variance is granted, as weighed against the
detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such determination the Board shall
also consider:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
[5]
Whether the alleged difficulty was self-created; which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
(e)
The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(f)
Imposition of conditions. The Zoning Board of Appeals shall,
in the granting of both use variances and area variances, have the
authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed use of the
property, or the period of time such variance shall be in effect.
Such conditions shall be consistent with the spirit and intent of
this chapter, and shall be imposed for the purpose of minimizing any
adverse impact such variance may have on the neighborhood or community.
(4)
Procedure. The Zoning Board of Appeals shall act in strict accordance
with the procedure specified by law and by this chapter. All appeals
made to the Board shall be in writing, on forms prescribed by the
Board. Every appeal shall refer to the specific provision of the law
involved, and shall exactly set forth the interpretation that is claimed
or the details of the variance that is applied for and the grounds
on which it is claimed that the variance should be granted, as the
case may be. At least seven days before the date of the hearing required
by law on an appeal to the Zoning Board of Appeals, the secretary
of said Board shall transmit to the Planning Board a copy of said
appeal, together with a copy of the notice of the aforesaid hearing
and shall request that the Planning Board submit to the Zoning Board
of Appeals its opinion on said appeal, and the Planning Board shall
submit a report of such advisory opinion prior to the date of said
hearing. Upon failure to submit such report, the Planning Board shall
be deemed to have approved the appeal.
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 Village and the enforcement of Chapter 350, Zoning, of the Village of Dryden. This article 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 article, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this article.
In this article, the following terms shall have the meanings
shown in this section:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
Any building, structure, or portion thereof utilized or intended
for supporting or sheltering any occupancy.
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 article.
A document issued by the Village of Dryden stating that work
was done in compliance with approved construction documents and the
codes.
A document issued by the Village of Dryden certifying that
the building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to, and approved by
the Code Enforcement Officer, and indicating that the building or
structure, or portion thereof, is in a condition suitable for occupancy.
Includes the Code Enforcement Officer and all Inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
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.
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 § 350-83 of this article. The term "operating permit" Also includes an operating permit which is renewed, amended, or extended pursuant to any provision of this article.
The person to whom a building permit has been issued.
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.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 350-79 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 New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the New York Codes,
Rules and Regulations, adopted pursuant to Article 18 of the Executive
Law.
The Village of Dryden.
[Added 3-15-2023 by L.L.
No. 3-2023]
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 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, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this 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 Board of Trustees of the Village of
Dryden;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village 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 article.
B.
The Code Enforcement Officer shall be appointed by the Board of Trustees.
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, another individual shall be appointed by the
Mayor, with the approval of the Board of Trustees to designate a person
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 article.
D.
One or more Inspectors may be appointed by the Mayor, with the approval
of the Board of Trustees 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, 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 from time to time by the Village of Dryden Board of
Trustees.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney, or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Village of Dryden.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses), which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet;
(2)
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine-inches
in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
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
(8)
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 system or the
removal from service of any part of the 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 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)
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
(5)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
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, or at the discretion of the Code Enforcement
Officer for residential structures less than 1,500 square feet in
size, 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(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, or in the case of electronic media, an electronic marking. 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 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 Energy 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 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.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within one year following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer. Building permit renewal is limited to
four times, after which a new application and any applicable fees
must be submitted as a new project.
J.
Complete applications required. No building permit will be issued
until the application for such permit is accompanied by all other
applications or permits appropriate to the project under consideration.
This may include but is not limited to any of the following:
(1)
Application for special permit for submission to the Zoning Board
of Appeals.
(2)
Application for permission to excavate street, if such work is required.
(3)
Application for a backflow preventer or grease trap, if required.
(4)
Application for water service connection.
(5)
Application for sewer connection.
(6)
Floodplain development permit application, if needed pursuant to
Article 700.
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 the Energy
Code.
A.
Zoning permits required. Except as otherwise provided in Subsection B of this section, a zoning permit shall be required for all construction. No person shall commence any work for which a zoning permit is required without first having obtained a building permit from the Village of Dryden.
C.
Applications for zoning permits. Applications for a zoning 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 Chapter 350, Zoning, of the Village of Dryden. The application shall include or be accompanied by the following information and documentation:
(1)
Two copies of a layout or plot plan drawn to scale showing the actual
dimensions of the subject lot, the exact size and location of the
building and accessory buildings erected and to be erected on the
lot with dimensions to property lines.
(2)
Full name and address of the owner and if by a corporation, the name
and addresses of the responsible officials.
(3)
Identification of the land on which the work is to be done.
(4)
Description of the use or occupancy of the land and existing or proposed
building.
(5)
Description of the proposed work.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factor 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 the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Contents of stop-work orders. Stop-work orders shall 1) be in writing,
2) be dated and signed by the Code Enforcement Officer, 3) state the
reason or reasons for issuance, and 4) 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 § 350-90, 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 and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
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, or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name (if any), address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
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.
Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or structure, or a portion thereof,
prior to completion of the work which is the subject of a building
permit. However, in no event shall the Code Enforcement Officer issue
a temporary certificate of occupancy unless the Code Enforcement Officer
determines 1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely, 2) that any required fire and life safety components, such
as fire protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational, and 3) that
all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a temporary certificate
of occupancy such terms and conditions as he/she deems necessary or
appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed six months
or at an earlier date if so specified, which shall be determined by
the Code Enforcement Officer and specified in the temporary certificate
of occupancy. During the specified period of effectiveness of the
temporary certificate of occupancy, the permit holder shall undertake
to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, certification
of compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
The chief of any fire department providing firefighting services
for a property within the Village of Dryden shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel burning appliance, chimney, or gas vent.
A.
Unsafe buildings, structures, and equipment and conditions of imminent
danger in the Village of Dryden shall be identified and addressed
in accordance with the following procedures.
B.
When in the opinion of the Code Enforcement Officer, any building
or structure located in the Village shall be deemed dangerous or unsafe
to the public because:
(1)
Its structural condition is or may become dangerous or unsafe to
the general public; or
(2)
It is open at doorways and windows making it accessible to and an
object of attraction to minors under 18 years of age, as well as to
vagrants and other trespassers; or
(3)
It is or may become a place of infestation by rodents, insects or
other animals; or
(4)
It consists of debris, rubble or parts of buildings left on the ground
after demolition, reconstruction, fire or other casualty; or
(5)
Presents any other danger to the health, safety, morals and general
welfare of the public; or
(6)
Is unfit for the purpose for which it may lawfully be used, the Code
Enforcement Officer shall make a formal inspection thereof and report
in writing to the Village Board his/her findings and recommendations
in regard to its repair or demolition and removal.
C.
Village Board order. The Village Board shall thereafter consider
such report and, if it finds from said report that there are grounds
to believe that such building or buildings are dangerous or unsafe
to the public, the Board of Trustees of the Village, by resolution,
shall order its removal or repair if the same can be safely repaired
and further order that a notice be served upon the persons and the
manner provided herein.
D.
Notice contents. The notice shall contain the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building, structure or
equipment is unsafe or dangerous;
(3)
An order outlining the manner in which the building, structure or
equipment is to be made safe and secure, or removed;
(4)
A statement that the securing or removal of such building shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall
be extended;
(5)
A date, time and place for a hearing before the Village Board in
relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than five business days from the date of the
service of the notice; and
(6)
A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Board
of Trustees of the Village will order the repair or removal of such
building or structure by the Village.
E.
Service of notice. The said notice shall be served:
(1)
By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee or any person having a vested or contingent interest
in such unsafe building as shown by the records of the receiver of
taxes (Tax Collector) or of the County Clerk; or, if no such person
can be reasonably found, by mailing such owner by certified mail a
copy of such notice directed to his/her last known address as shown
by the above records; and
(2)
By personal service of a copy of such notice upon any adult person
residing in or occupying said premises if such person can be reasonably
found; and
(3)
By securely affixing a copy of such notice upon the unsafe building.
F.
A copy of the notice served as provided herein shall be filed in
the Office of the County Clerk of the County of Tompkins. Failure
to so file shall not invalidate any action taken by the Board or its
lawful agents under or according to this section.
G.
Public hearing. At the time and date specified in the notice to repair
or demolish, the Board of Trustees of the Village shall conduct the
public hearing. It may adjourn from time to time until the hearing
is completed and until all interested parties are heard. At the conclusion
of the hearing, the Board of Trustees of the Village shall determine
to revoke the order to repair or remove; or continue said order and
direct the owner and other persons to complete the work within a specified
time which shall be reasonable as to the time needed to perform the
work and the necessity to protect the general public.
H.
Refusal to comply. In the event of the refusal or neglect of the
person so notified to comply with said order of the Village Board
and after the hearing, the Village Board shall provide for the demolition
and removal of such building or structure either by Village employees
or by contract. Except in emergency as provided in section J hereof,
any contract for demolition and removal of a building shall comply
with the requirements of Article 5-A of the General Municipal Law.
I.
Assessments of expenses. All costs and expense incurred by the Village
in connection with the proceedings to remove or secure such building
or buildings, including the actual cost of repairing or removal and
administrative and legal fees, shall be assessed upon the land upon
which said building or buildings are located. Such assessment shall
be assessed on the next Village assessment roll as an additional tax
to the regular tax assessed against such property and the same shall
be levied and collected in the same manner as the regular Village
tax. In the alternative, the Board of Trustees of the Village may
commence a special proceeding in a court of competent jurisdiction
to collect the costs of demolition, including reasonable and necessary
legal expenses incidental to obtaining an order to demolish, from
the owner of any building or structure that may now be or shall hereafter
become dangerous or unsafe to the public. The provisions of Article
4 of the Civil Practice Law and Rules shall govern any special proceeding
commenced under this section.
J.
Emergency cases. Where it is reasonably appears that there is a present and clear imminent danger to the life, safety or health of any person or property, unless an unsafe building, structure or its equipment is immediately repaired and secured or demolished, the Village Board may by resolution authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in Subsection I hereof.
A.
Operation permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1)
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(e)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(f)
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;
(g)
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;
(h)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
(i)
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;
(j)
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
(k)
Section 319, "Mobile Food Preparation Vehicles."
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in section R327.5 of the RCNYS.
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village of Dryden Board of Trustees.
(9)
Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Village of Dryden Board of Trustees. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
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.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (9) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 350-84, Fire safety and property maintenance inspections) of this article, and condition assessments are performed in compliance with § 350-86, Condition assessments of parking garages, of this article, as applicable.
D.
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. Should a remote inspection not afford the
Village of Dryden sufficient information to make a determination,
an in-person inspection shall be performed. After inspection, the
premises shall be noted as satisfactory and the operating permit shall
be issued, or the operating permit holder shall be notified as to
the manner in which the premises fail to comply with either or both
of the Uniform Code and the code enforcement program, including a
citation to the specific provision or provisions that have not been
met.
E.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
G.
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)
At least once every 12 months for buildings which contain an assembly
area;
(2)
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.
Remote inspections. At the discretion of the 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.
C.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist; provided,
however, that nothing in this subsection shall be construed as permitting
an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court
order or warrant shall have been obtained.
D.
OFPC inspections. Nothing in this section or in any other provision
of this article 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. Notwithstanding any other provision 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:
(1)
The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);
(2)
The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is
provided to the Code Enforcement Officer; and
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 article,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code.
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 conditions 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 § 350-90, Penalties for offenses, of this article;
(3)
If appropriate, issuing a stop-work order;
(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.
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the 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:
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 of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in §§ 304.1.1,
305.1.1, and 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessments - general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared and provided to the Village of Dryden in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)
Any parking garage constructed prior to the effective date of this
article that has not undergone an initial condition assessment prior
to that effective date shall undergo an initial condition assessment
prior to within six months after the effective date of this article.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the Village of Dryden becomes aware of any new or increased deterioration which, in the judgment of the Village of Dryden, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village of Dryden 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 Village of Dryden within 60 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/she
reviewed all previously prepared condition assessment reports available
for such parking garage, and considered the information in the previously
prepared reports while performing the current condition assessment
and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.
Review condition assessment reports. The Village of Dryden 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 Village of Dryden shall, by violation notice/order to remedy or such other means of enforcement as the Village of Dryden may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Village of Dryden 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 Village of Dryden 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 Village of Dryden with a written
statement attesting to the fact that he/she has been so engaged, the
Village of Dryden shall make the previously prepared condition assessment
reports for such parking garage (or copies of such reports) available
to such professional engineer. The Village of Dryden shall be permitted
to require the owner or operator of the subject parking garage to
pay all costs and expenses associated with making such previously
prepared condition assessment reports (or copies thereof) available
to the professional engineer.
I.
This section shall not limit or impair the right or the obligation
of the Village of Dryden to:
(1)
Perform such construction inspections as are required by § 350-78, Construction inspections, of this article;
(2)
Perform such periodic fire safety and property maintenance inspections as are required by § 350-84, Fire safety and property maintenance inspections, of this article; and/or
(3)
Take such enforcement action or actions as may be necessary or appropriate
to respond to any condition that comes to the attention of the Village
of Dryden 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 climatic and geographic
design criteria for buildings and structures constructed within this
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
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 Village Clerk 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, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All condition assessment reports received;
(9)
All fees charged and collected; and
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Village Board of the Village of Dryden 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 § 350-88, 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 the Village of Dryden, on a form prescribed
by the Secretary of State, a report of the activities of the Village
of Dryden 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 the records and related materials
the Village 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.
Violation notice/order 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. A violation notice/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 article; shall 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;
and shall include a statement substantially similar to the following:
"The person or entity served with this violation notice/order
to remedy must completely remedy each violation described in this
order by [specify date], which is 30 days after the date of this violation
notice/order to remedy."
(2)
The violation notice/order to remedy may include provisions ordering
the person or entity served with such violation notice/order to remedy
1) to begin to remedy the violations described in the violation notice/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 violation notice/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. The Code Enforcement Officer shall cause the violation notice/order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by certified mail within five days after the
date of the violation notice/order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the violation
notice/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 violation
notice/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.
C.
Penalties. In addition to such other penalties as may be prescribed
by state law:
(1)
Any person, firm, or corporation who violates any provision of this
article 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
article, shall be punishable by a fine of not more than $1,000 per
day of violation, or imprisonment not exceeding 15 days or both; and
(2)
Civil penalty. 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, 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 article, shall be liable to pay a civil penalty
of not more than $1,000 for each day or part thereof during which
such violation continues. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Village
of Dryden.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village of Dryden, 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, certificate of compliance, temporary certificate, stop-work
order, operating permit, order to remedy, or other notice or order
issued by the Code Enforcement Officer pursuant to any provision of
this 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, order to remedy 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 Village of Dryden, 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 Village Board of the
Village of Dryden.
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 § 350-79, 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 § 350-79, 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 Fee Schedule shall be established by resolution of the Village
Board of the Village of Dryden. 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 article.
The Village Board of the Village of Dryden 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 article, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the New York Codes, Rules and Regulations, 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.
