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 Town of Marbletown. 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
of this chapter of the Town Code.
In this chapter of the Town Code, the following
terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
99-4 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.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to §
99-3B of this chapter and/or the Building Inspector or Zoning Inspector, as set forth in other sections of this Code, or state law, as determined by the Town Board.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
99-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
TOWN
The Town of Marbletown.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chief of any fire department providing fire-fighting
services for a property within this Town shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
[Amended 4-19-2008 by L.L. No. 6-2008]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
BUILDING
Any structure used or intended for shelter, housing or enclosure
of persons, animals or property.
BUILDING INSPECTOR
The Building Inspector of the Town or such other person appointed
by the Town Board to enforce the provisions of this section.
TOWN
The Town of Marbletown.
B. Investigation and report. When the Building Inspector,
in his/her own opinion, or upon receipt of information that a building:
is or may become dangerous or unsafe to the general public; is open
at the 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; is or may become a place of rodent infestation;
presents any other danger to the health and general welfare of the
public; or is unfit for the purposes for which it may lawfully be
used, he or she shall cause or make an inspection thereof and report
in writing to the Town Board of the Town his/her findings and recommendations
in regard to its repair or demolition and removal.
C. Preliminary findings.
(1) The Town Board shall thereafter consider such report
and by resolution determine whether the report, together with any
additional relevant circumstances which the Town Board may consider,
provides reasonable cause to believe: a) that such building may be
unsafe and dangerous; and b) whether it appears that the building
may be capable of being safely repaired; and c) if such circumstances
and evidence warrant proceeding to a public hearing and due deliberation
to determine whether or not the building should be demolished and
removed. The Town Board shall direct that the board's findings be
included in a notice to be served upon the persons and in the manner
provided herein.
(2) In reaching any preliminary or other determinations,
nothing in this section shall be deemed to limit or impair the ability
of the Town Board to include as part of its process communications
with the owner or other responsible party or with such person's duly
authorized representative for such purpose nor its ability to obtain
or to be provided with engineering or other reports for Town Board
consideration.
D. Notice; contents. The notice shall include the following:
(1) A description of the premises;
(2) A statement of the particulars in which the building
is believed to be unsafe or dangerous;
(3) An outline of the manner in which the building is
to be made safe and secure, or the reasons why the building should
be demolished and removed;
(4) The notice may contain 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 Town
Board in relation to such building, which hearing shall be scheduled
not less than five business days from the date of service of the notice;
and
(6) The notice may contain a statement that in the event
of neglect or refusal to comply with any final order of the Town Board
to secure or demolish and remove the building, the Town Board is authorized
to provide for its demolition and removal, to assess all expenses
thereof against the land on which it is located, and to institute
a special proceeding to collect the costs of demolition, including
legal expenses.
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 Town Receiver of Taxes (or Tax Collector) or of the County
Clerk, or if no such person can reasonably be found, by mailing such
owner by registered mail a copy of such notice directed to his/her
last known address as shown by the above records;
(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. Filing requirements. A copy of the notice served as
provided herein shall be filed in the office of the County Clerk of
the County of Ulster.
G. Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board, in addition to any other remedy to which the Town may be entitled, may provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in Subsection
I hereof, any contract for demolition and removal of a building shall be awarded through competitive bidding.
H. Assessment of expenses. All expenses incurred by the
Town in connection with the proceedings to repair and secure or demolish
and remove the unsafe building, including the cost of actually removing
such building, and all reasonable and necessary legal expenses incidental
thereto, shall, at the option of the Town Board, either:
(1) Be assessed against the land on which such building
is located and shall be levied and collected in the same manner as
provided in the Town Law for the levy and collection of a special
ad valorem levy; or
(2) Be collected by commencement of a special proceeding
against the owner of said unsafe or dangerous building or structure
pursuant to General Municipal Law.
I. Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Subsection
H hereof.
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 chapter of the Town Code 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 §
99-15 (Violations) of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
Nothing in this chapter shall be deemed to vary
or modify any federal or state law, rule or regulation, except to
the extent that the Town can lawfully supersede or modify same by
local law, in which case the provisions of this chapter shall control
in the event of a conflict.
A fee schedule shall be established by resolution
of the Town Board of this Town. Such fee schedule may thereafter be
amended from time to time by like resolution. The fees set forth in,
or determined in accordance with, such fee schedule or amended fee
schedule shall be charged and collected for the submission of applications,
the issuance of building permits, amended building permits, renewed
building permits, Certificates of Occupancy, Certificates of Compliance,
temporary certificates, operating permits, fire safety and property
maintenance inspections, and other actions of the Code Enforcement
Officer described in or contemplated by this chapter.
The Town Board of this Town may, by resolution,
authorize the Supervisor of this Town to enter into an agreement,
in the name of this Town, with other governments to carry out the
terms of this chapter, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
If any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this chapter of the Town Code.