[HISTORY: Adopted by the Board of Trustees of the Village
of Bloomfield 10-25-2006 by L.L. No. 4-2006.[1] Amendments noted where applicable.]
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 the Village of Bloomfield. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 63-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 63-8B of this chapter.
The Code Enforcement Officer appointed pursuant to § 63-3B of this chapter.
Shall include the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 63-16A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 63-3D of this chapter.
A permit issued pursuant to § 63-11 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.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
An order issued pursuant to § 63-7 of this chapter.
A certificate issued pursuant to § 63-8D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Bloomfield.
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 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 and
operating permits, and to include in building permits, certificates
of occupancy/certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, fire safety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue orders pursuant to subdivision (a) of section 16 (Violations)
of this chapter;
(7)
To maintain records;
(8)
To collect fees as set by the Village Board of the Village of Bloomfield;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this chapter;
and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Village Board.
The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Village
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by the Village Board to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter. Each inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the State Fire Administrator 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 Board of the Village
of Bloomfield.
A.
Building permits required. Except as otherwise provided in subdivision
(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 Code Enforcement
Officer.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Installation of swings, other playground equipment or playhouses
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(2)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely aboveground;
(3)
Construction of retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(5)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(6)
Installation of partitions or movable cases less than five feet nine
inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(8)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(9)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(10)
Repairs, provided that such repairs do not involve i) the removal
or cutting away of a load-bearing wall, partition, or portion thereof,
or of any structural beam or load-bearing component; ii) the removal
or change of any required means of egress, or the rearrangement of
parts of a structure in a manner which affects egress; iii) the enlargement,
alteration, replacement or relocation of any building system; or iv)
the removal from service of all or part of a fire-protection system
for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
The full name and address of the owner and the applicant and, if
a corporation, the names and addresses of responsible officers;
(2)
The signature of the applicant or authorized agent;
(3)
The tax map number and the street address of the premises where the
work is to be performed;
(4)
A description of the proposed work;
(5)
The estimated cost of the proposed work with appropriate substantiation;
(6)
The occupancy classification of any affected building or structure;
(7)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(8)
When required by the Code Enforcement Officer, at least three sets
of construction documents (drawings and/or specifications) which i)
define the scope of the proposed work; ii) are prepared by a New York
State registered architect or licensed professional engineer; iii)
indicate with sufficient clarity and detail the nature and extent
of the work proposed; iv) substantiate that the proposed work will
comply with the Uniform Code and the Energy Code; and v) include a
site plan that shows any existing and proposed buildings and structures
on the site, the location of any existing or proposed well or septic
system, the location of the intended work, and the distances between
the buildings and structures and the lot lines.
(9)
A statement granting the applicant's permission for the Code
Enforcement Officer to enter the property and structure thereon as
frequently as he deems necessary to inspect the same for the compliance
with the Uniform Code;
(10)
The fee specified by the Village Board of the Village of Bloomfield.
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(8) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return 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.
Expiration and renewal.
(1)
Expiration. A building permit issued pursuant to this chapter shall
expire one year from the date of issuance or upon the issuance of
a certificate of occupancy (other than a temporary certificate of
occupancy), whichever comes first.
(2)
Renewal.
(a)
The permit may, upon written application to the Code Enforcement
Officer, be renewed for a period of one year, provided that:
(b)
The permit may, upon written application to the Code Enforcement
Officer, be renewed for an additional period of one year beyond the
end of the first renewal period, provided that:
(c)
Any other renewal of a building permit may only be obtained
by an application to the Village Board.
[2]
In reviewing the application for the renewal, the Village Board
shall consider the following:
[a]
The applicant's reason for the requested renewal.
[b]
The extent to which the applicant has proceeded in good faith
to complete the permitted construction in a timely manner.
[c]
The likelihood that at the end of the renewal period, the construction
permitted will be completed.
[d]
The extent to which a renewal will affect the value of property
in the vicinity of the premises subject to the permit.
[e]
The hardship that will befall the applicant by denial of the
renewal.
[f]
The effect of the proposed renewal on the health, safety and
general welfare of the citizens of the Village.
[g]
What security may be necessary in the nature of the bond, letter
of credit or other security securing the completion of construction
or demolition.
[3]
Following the review of the application and upon the applicant
having been given the opportunity to be heard, the Village Board shall
act upon the application to renew and either deny, approve or approve
with conditions the application before it. The findings of the Village
Board shall within 10 days be furnished to the applicant and the Code
Enforcement Officer, and, in the case of approval or conditional approval,
the Code Enforcement Officer shall issue an appropriate building permit
renewal.
J.
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.
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)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building permit
has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
In any case where a certificate of occupancy is required and
where there has been an installation, renovation or modification of
any electrical service, it shall be a condition precedent to the issuance
of a certificate of occupancy that inspection and approval of said
electric service be made by any third party electrical inspection
agency approved and licensed by the Village of Bloomfield at the expense
of the person making the application for said certificate of occupancy.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work, or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work, or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall 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 return receipt 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 return receipt 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.
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 § 63-16 (Penalties for offenses) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy/certificates of compliance required. A
certificate of occupancy/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/certificate of compliance.
B.
Issuance of certificates of occupancy/certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy/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/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/certificate
of compliance, shall be provided to the Code Enforcement Officer prior
to the issuance of the certificate of occupancy/certificate of compliance:
C.
Contents of certificates of occupancy/certificates of compliance.
A certificate of occupancy/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 owner name, and address and tax map number of the property;
(4)
If the certificate of occupancy/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy/certificate of compliance and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer shall be permitted
to issue a temporary certificate 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
unless the Code Enforcement Officer determines 1) that the building
or structure, or the portion thereof covered by the temporary certificate,
may be occupied safely; 2) that any fire- and smoke-detecting or fire-protection
equipment which has been installed is operational; and 3) that all
required means of egress from the building or structure have been
provided. The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent
of the Uniform Code. A temporary certificate shall be effective for
a period of time, not to exceed six months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
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/certificate of
compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
The chief of any fire department providing firefighting services
for a property within the Village of Bloomfield shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures in the Village of Bloomfield shall be identified
and addressed in accordance with the procedures established by Local
Law #4 of 1997 entitled "Amendment to Unsafe Buildings and Collapsed
Structures Local Law of 1994."
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including, but not limited
to, commercial and industrial operations which produce combustible
dust as a by-product, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village Board of the Village of Bloomfield.
(f)
Special bulk storage permits shall be required for bulk storage
per the schedule set by the Village Board from time to time. All such
permits shall be valid for a period of one year and shall be renewed
on an annual basis upon application therefore and the payment of the
permit fee herein required.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
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 his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed two years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. 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.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least
once every 12 months.
(3)
Fire safety and property maintenance inspections of all rental units
shall be performed at least once every 24 months.
(a)
Owners and lessors, or their respective agents, of rental housing
units shall file with the Code Enforcement Officer on forms available
from the Code Enforcement Officer the following information:
[1]
The names and addresses of the owner and lessor, and their respective
agents, upon whom violation orders may be served.
[2]
A description of the property, by street and number or otherwise,
as will enable the Code Enforcement Officer to locate the same; and
[3]
Such other appropriate information as may be requested, including,
but not limited to, number of units, and the number and type of rooms.
(b)
Certificate of occupancy permits, issued pursuant to satisfactory
completion of a property and housing maintenance inspection per New
York State Property Maintenance Code, shall remain in effect for 24
months. Biennial inspections must be conducted.
(c)
No rental unit may be occupied until and unless a Certificate
of occupancy has been issued and is in force.
B.
Inspections permitted.
(1)
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, shall also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon:
[Amended 3-26-2008 by L.L. No. 1-2008]
(a)
The request of the owner of the property to be inspected or
an authorized agent of such owner;
(b)
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
(c)
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.
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(2)
If a building code violation is visibly apparent on a property without
entering the property, the Code Enforcement Officer will send a written
notice of violation(s) to the property owner citing the violation(s)
or condition(s) and specifying the minimum remedy required to comply
with the NYS Fire Prevention and Building Code; to be completed within
a reasonable time frame.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control (OFPC) and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. 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 § 63-16 (Penalties for offenses) of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy/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;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Village Board of the Village of Bloomfield 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 § 63-14 (Recordkeeping) of this chapter 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 Bloomfield, on a form prescribed
by the Secretary of State, a report of the activities of the Village
of Bloomfield 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, from the records and related materials the Village of Bloomfield
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of the Village
of Bloomfield in connection with administration and enforcement of
the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is authorized to
order, in writing, the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order. The compliance order shall 1) be in
writing; 2) be dated and signed by the Code Enforcement Officer; 3)
specify the condition or activity that violates the Uniform Code,
the Energy Code, or this chapter; 4) specify the provision or provisions
of the Uniform Code, the Energy Code, or this chapter which is/are
violated by the specified condition or activity; 5) specify the period
of time which the Code Enforcement Officer deems to be reasonably
necessary for achieving compliance; 6) direct that compliance be achieved
within the specified period of time; and 7) state that an action or
proceeding to compel compliance may be instituted if compliance is
not achieved within the specified period of time. The Code Enforcement
Officer shall cause the compliance order, or a copy thereof, to be
served on the owner of the affected property personally or by certified
registered receipt mail. The Code Enforcement Officer shall be permitted,
but not required, to cause the compliance 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 being performed at the affected property
personally or by certified registered receipt mail; 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.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building
permit, certificate of occupancy/certificate of compliance, temporary
certificate, stop-work order, operating permit or other notice or
order issued by the Code Enforcement Officer pursuant to any provision
of this chapter, shall be liable to a civil penalty in an amount set
by the Village of Bloomfield for each day or part thereof during which
such violation continues. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of the Village
of Bloomfield.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Bloomfield in a court of competent jurisdiction
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this chapter, or any term or condition of any building permit, certificate
of occupancy/certificate of compliance, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order
issued by the Code Enforcement Officer pursuant to any provision of
this chapter. In particular, but not by way of limitation, where the
construction or use of a building or structure is in violation of
any provision of the Uniform Code, the Energy Code, this chapter,
or any stop-work order, compliance order or other order obtained under
the Uniform Code, the Energy Code or this chapter, an action or proceeding
may be commenced in the name of the Village of Bloomfield 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 Bloomfield.
E.
Summary
abatement. The Village of Bloomfield Board of Trustees may wish to
remedy or abate a nuisance condition or violation without going to
court.
[Added 3-26-2008 by L.L.
No. 1-2008[1]]
(1)
This summary abatement may take place if the property owner has been
notified in writing by the Code Enforcement Officer, either by certified
mail or direct contact, of the nuisance condition or violation and
has not remedied the situation within five business days of receipt
of said notice.
(2)
Following the fifth day of noncompliance, the Code Enforcement Officer
will send a second written notice, either by certified mail or by
serving in person, informing the property owner that he/she has five
business days to come into compliance or the Village Board of Trustees
will cause an order to have the violation or nuisance condition remedied.
(3)
The property owner may contest the summary abatement within the second
five-day period by certified mail to be received in the Village of
Bloomfield office no later than the last day of the second notice
deadline.
(4)
If the violation remains uncorrected, the Village Board will conduct
a public hearing not less than five days from the date of service
of the notice upon the person in violation.
(5)
Notice; contents. The notice shall contain the following:
(a)
A description of the nuisance violation;
(b)
A statement outlining the manner in which the violation must
be corrected within five days thereafter, unless, for good cause shown,
such time shall be extended;
(c)
A date, time and place for a hearing before the Village Board
in relation to such nuisance violation, which hearing shall be scheduled
not less than five business days from the date of service of the notice;
and
(d)
A statement that in the event of neglect or refusal to comply
with the order to correct the violation, the Village Board is authorized
to provide for its correction or abatement.
(6)
Service of notice. The said notice shall be served:
(a)
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 property as shown by the records of the tax collector
or of the County Clerk; or if no such person can be reasonably found,
by mailing such owner by registered mail a copy of such notice directed
to his last known address as shown by the above records; and
(b)
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
(c)
By securing/affixing a copy of such notice upon the property.
(7)
Summary abatement may take place for the following nuisance conditions:
grass and/or weed growth in excess of 10 inches or the presence of
noxious weeds, rodents or insects or infestation, or presence of exterior
accumulation of rubbish or garbage either not properly contained or
left outside for a period of time which exceeds 14 days.
[1]
Editor's Note: This local law also renumbered former
Subsection E as Subsection G.
F.
Liens. If the Village of Bloomfield Board of Trustees summarily abates a nuisance condition as listed in Subsection E above, all expenses incurred to abate such condition shall be levied against the property and collected in the manner as provided for in § 5-516 of the Village Law for the levy and collection of a special ad valorem levy.
[Added 3-26-2008 by L.L.
No. 1-2008]
G.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 63-7 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 63-7 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 381 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 § 381 of the Executive Law.
A fee schedule shall be established by resolution of the Village
Board of the Village of Bloomfield.[1] 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.
[1]
Editor's Note: Said Fee Schedule is on file in the Village
office.
The Village Board of the Village of Bloomfield may, by resolution,
authorize the Village Board of the Village of Bloomfield to enter
into an agreement, in the name of the Village of Bloomfield, 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, 19 NYCRR Part 1203, or any other applicable
law.
