Editor's Note: This local law also repealed former Art. X, Zoning Board of Appeals, as amended 8-24-1994 and repealed 10-26-2020. For current provisions, see Art. XI, Zoning Board of Appeals and Planning Board Administration.
Purpose and intent. This section provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code ("Uniform Code") and the State Energy Conservation Construction
Code ("Energy Code") in the Town. This section 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 section, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this section.
A permit issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73D 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 section.
The Code Enforcement Officer/Building Inspector appointed pursuant to § 247-73C(2) of this chapter, charged with the responsibility and authority to execute all Town ordinances.
A permit issued by the Code Enforcement Officer/Building Inspector pursuant to § 247-73J 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 section.
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 office of Code Enforcement Officer/Building Inspector is hereby
created. The Code Enforcement Officer/Building Inspector shall administer
and enforce all the provisions of the Uniform Code, the Energy Code
and this section and shall have the following powers and duties:
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;
Upon approval of such applications, to issue building permits,
certificates of occupancy/certificates of compliance, temporary certificates
and operating permits, and to include in such permits and certificates
terms and conditions as the Code Enforcement Officer/Building Inspector
may determine to be appropriate;
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 section;
In consultation with the Town Attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code and this section, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this section;
and
The Code Enforcement Officer/Building Inspector shall be appointed
by the Town Board. The Code Enforcement Officer/Building Inspector
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 any other training as the State of New York shall require for
code enforcement personnel, and the Code Enforcement Officer/Building
Inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
In the event that the Code Enforcement Officer/Building Inspector
is unable to serve as such for any reason, an individual shall be
appointed by the Town Board to serve as Acting Code Enforcement Officer/Building
Inspector. The Acting Code Enforcement Officer/Building Inspector
shall, during the term of his or her appointment, exercise all powers
and fulfill all duties conferred upon the Code Enforcement Officer/Building
Inspector by this section.
One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Code Enforcement Officer/Building
Inspector and to assist the Code Enforcement Officer/Building Inspector
in the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer/Building Inspector by this section.
Each inspector shall, within the time prescribed by law, obtain such
basic training, in-service training, advanced in-service training,
and any 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.
Building permit required. Except as otherwise provided in Subsection D(2) below, 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 the same from the Code Enforcement Officer/Building Inspector.
Construction or installation of one-story detached structures
associated with single-family detached, two-family, or multifamily
residences which are used for tool and storage sheds, playhouses or
similar uses, provided the gross floor area does not exceed 50 square
feet;
Installation of swimming pools associated with a single-family
detached, two-family, or multifamily residence where such pools are
designed for a water depth of less than 24 inches and are installed
entirely above ground;
Replacement of any equipment, provided that the replacement
does not alter the equipment's listing or render it inconsistent
with the equipment's original specifications; or
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 D(2) above shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
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/Building Inspector. 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/Building
Inspector deems sufficient to permit a determination by him or her
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:
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(4)(e) above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer/Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer/Building Inspector, 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 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 unless and until and unless a building permit is issued.
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/Building Inspector shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code.
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.
Work to be done 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/Building
Inspector of any change occurring during the course of the work, and
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.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer/Building Inspector.
Revocation or suspension of building permits. If the Code Enforcement
Officer/Building Inspector 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/Building
Inspector shall revoke the building permit or suspend the building
permit until such time as the permit holder demonstrates that all
work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code and all work then proposed
to be performed shall be in compliance with all applicable provisions
of the Uniform Code and the Energy Code.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 247-73P (Fees) of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer/Building Inspector or by an inspector authorized by the Code Enforcement Officer/Building Inspector. The permit holder shall notify the Code Enforcement Officer/Building Inspector when any element of work described in Subsection E(2) of this section is ready for inspection.
Inspection results. After inspection in accordance with this subsection,
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.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 247-73P (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
Authority to issue. The Code Enforcement Officer/Building Inspector
is authorized to issue stop-work orders pursuant to this section.
The Code Enforcement Officer/Building Inspector shall issue a stop-work
order to halt:
Any work that is determined by the Code Enforcement Officer/Building
Inspector to be contrary to any provision of the applicable building
laws, ordinances, rules or regulations or not in conformity with the
provisions of the application, and 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
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer/Building Inspector,
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
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.
Service of stop-work orders. The Code Enforcement Officer/Building
Inspector 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/Building Inspector 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 subsection shall not affect the
efficacy of the stop-work order.
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.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection F(1) above, 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 § 247-73O (Enforcement; penalties for offenses) of this chapter or under any other applicable local 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.
Certificate of occupancy/certificate 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.
Issuance of certificate of occupancy/certificate of compliance. The
Code Enforcement Officer/Building Inspector 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,
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/Building Inspector or an inspector
authorized by the Code Enforcement Officer/Building Inspector 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/Building Inspector, at the expense of the applicant for the
certificate of occupancy/certificate of compliance, shall be provided
to the Code Enforcement Officer/Building Inspector prior to issuance
of the certificate of occupancy/certificate of compliance:
Contents of certificate of occupancy/certificate of compliance. A
certificate of occupancy/certificate of compliance shall contain the
following information:
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;
The signature of the Code Enforcement Officer/Building Inspector
issuing the certificate of occupancy/certificate of compliance and
the date of issuance.
Temporary certificate. The Code Enforcement Officer/Building Inspector
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/Building Inspector
issue a temporary certificate unless the Code Enforcement Officer/Building
Inspector determines: a) that the building or structure, or the portion
thereof covered by the temporary certificate, may be occupied safely,
b) that any fire- and smoke-detecting or fire protection equipment
which has been installed is operational, and c) that all required
means of egress from the building or structure have been provided.
The Code Enforcement Officer/Building Inspector 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/Building Inspector 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.
Revocation or suspension of certificates. If the Code Enforcement
Officer/Building Inspector 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/Building Inspector within such period of time as shall be
specified by the Code Enforcement Officer/Building Inspector, he or
she shall revoke or suspend such certificate.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 247-73P (Fees) of this chapter must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.
Notification regarding fire or explosion. The chief of any fire department
providing firefighting services for a property within the Town shall
promptly notify the Code Enforcement Officer/Building Inspector of
any fire or explosion involving any structural damage, fuel-burning
appliance, chimney, or gas vent.
Unsafe buildings and structures. Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by § 247-35 of this chapter, as now in effect or as hereafter amended from time to time.
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;
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;
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board.
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection J(1) shall be required to obtain an operating permit prior to commencing such activity or operation.
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/Building Inspector. Such application
shall include such information as the Code Enforcement Officer/Building
Inspector deems sufficient to permit a determination by him or her
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Code Enforcement Officer/Building Inspector
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/Building Inspector, at the expense of the
applicant.
Inspections. The Code Enforcement Officer/Building Inspector or an
inspector authorized by the Code Enforcement Officer/Building Inspector
shall inspect the subject premises prior to the issuance of an operating
permit.
Multiple activities. In any circumstance in which more than one activity listed in Subsection J(1) above is to be conducted at a location, the Code Enforcement Officer/Building Inspector may require a separate operating permit for each such activity, or the Code Enforcement Officer/Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
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 three years in any other case, as shall be determined by the
Code Enforcement Officer/Building Inspector to be consistent with
local conditions. The effective period of each operating permit shall
be specified therein. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer/Building Inspector,
payment of the applicable fee, and approval of such application by
the Code Enforcement Officer/Building Inspector.
Revocation or suspension of operating permits. If the Code Enforcement
Officer/Building Inspector 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.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 247-73P (Fees) of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer/Building Inspector or an inspector designated by the Code
Enforcement Officer/Building Inspector at the following intervals:
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.
Fire safety and property maintenance inspections of buildings
or structures being occupied as dormitories shall be performed at
least once every 12 months.
Fire safety and property maintenance inspections of all multifamily residences not included in this Subsection K(1), and all nonresidential buildings, structures, uses, and occupancies not included in this Subsection K(1), shall be performed at least once every 36 months.
Inspections permitted. In addition to the inspections required by Subsection K(1) above, 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/Building Inspector or an inspector designated by the Code Enforcement Officer/Building Inspector at any time upon:
Receipt by the Code Enforcement Officer/Building Inspector of
a written statement alleging that conditions or activities failing
to comply with the Uniform Code or Energy Code exist; or
Receipt by the Code Enforcement Officer/Building Inspector 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 K(2) 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.
New York State Office of Fire Prevention and Control (OFPC) inspections. Nothing in this § 247-73K or in any other provision of this chapter shall supersede, limit, or impair the powers, duties, and responsibilities of OFPC and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary:
The Code Enforcement Officer/Building Inspector shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly as required in this § 247-73K if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;
The Code Enforcement Officer/Building Inspector shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory as required in this this § 247-73K if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;
The Code Enforcement Officer/Building Inspector shall not perform fire safety and property maintenance inspections of a multifamily residence not included in this § 247-73K if OFPC performs fire safety and property maintenance inspections of such multifamily residence at intervals not exceeding the interval specified in Subsection K(1)(c) above; and
The Code Enforcement Officer/Building Inspector shall not perform fire safety and property maintenance inspections of a nonresidential building, structure, use, or occupancy not included this § 247-73K if OFPC performs fire safety and property maintenance inspections of such nonresidential building, structure, use, or occupancy at intervals not exceeding the interval specified in Subsection K(1)(c) above.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 247-73P (Fees) of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section. This Subsection K(3)(e) shall not apply to inspections performed by OFPC.
Complaints. The Code Enforcement Officer/Building Inspector 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 section, or any other local law, ordinance,
or regulation adopted for administration and enforcement of the Uniform
Code or the Energy Code. The process for responding to a complaint
shall include such of the following steps as the Code Enforcement
Officer/Building Inspector may deem appropriate:
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 § 247-73O (Enforcement; penalties for offenses) of this chapter;
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.
The Code Enforcement Officer/Building Inspector shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
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.
The Code Enforcement Officer/Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer/Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 247-73M (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
The Code Enforcement Officer/Building Inspector shall annually submit
to the Secretary of State, on behalf of the Town, on a form prescribed
by the Secretary of State, a report of the activities of the Town
relative to administration and enforcement of the Uniform Code.
The Code Enforcement Officer/Building Inspector 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 Town is required to maintain, excerpts, summaries, tabulations,
statistics, and other information and accounts of the activities of
the Town in connection with administration and enforcement of the
Uniform Code.
The Code Enforcement Officer/Building Inspector 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 section. Upon
finding that any such condition or activity exists, the Code Enforcement
Officer/Building Inspector shall issue a compliance order. The compliance
order shall:
The Code Enforcement Officer/Building Inspector shall cause
the compliance order, or a copy thereof, to be served on the owner
of the affected property personally or by certified mail. The Code
Enforcement Officer/Building Inspector 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 mail; provided, however, that failure to
serve any person mentioned in this sentence shall not affect the efficacy
of the compliance order.
Appearance tickets. The Code Enforcement Officer/Building Inspector
and each inspector are authorized to issue appearance tickets for
any violation of the Uniform Code.
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 section, 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/Building Inspector pursuant to any provision of this section, shall be liable for a civil penalty of not more than $250 for each day or part thereof during which such violation continues. The civil penalties provided by this Subsection O(3) shall be recoverable in an action instituted in the name of the Town.
Injunctive relief. An action or proceeding may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this section, 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/Building Inspector pursuant to any provision of this section. 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 this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this Subsection O(4) shall be commenced without the appropriate authorization from the Town Board.
Remedies not exclusive. No remedy or penalty specified in this § 247-73O 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 § 247-73F (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 § 247-73F (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 § 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.
Fees. The fees required pursuant to this Article X shall be as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time. 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/Building Inspector described in or contemplated by this section.
Intermunicipal agreements. The Town Board may, by resolution, authorize
the Town Supervisor to enter into an agreement, in the name of the
Town, with other governments to carry out the terms of this section,
provided that such agreement does not violate any provision of the
Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR,
or any other applicable law.