[HISTORY: Adopted by the Town Board of the
Town of LaGrange 12-12-2007 by Local Law No. 7-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Condominium conversion — See Ch. 92.
Electrical inspections — See Ch. 107.
Subdivision of land —See Ch. 203.
Zoning — See Ch. 240.
[1]
This local law also repealed former Ch. 83,
Building Construction, adopted 5-24-1989 by L.L. No. 3-1989 (Ch. 34
of the 1975 Code), as amended.
This chapter provides for the administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town. 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.
As used in this chapter, the following terms
shall have the meanings indicated:
The Administrator of Public Works appointed by resolution
of the Town Board. The Administrator of Public Works shall also be
known as "Clerk of the Works."
Any structure used or intended for supporting or sheltering
any use or occupancy.
The Building Inspector appointed pursuant to § 83-3 of this chapter.
A permit issued pursuant to § 83-7 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 type of certificate issued pursuant to § 83-10 of this chapter stating that materials and products meet specified standards or that work is done in compliance with approved construction documents.
A type of certificate issued pursuant to § 83-10 of this chapter for structures or portions thereof to be occupied by persons.
The Building Inspector and all inspectors.
An order issued by the Building Inspector pursuant to § 83-18 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 § 83-3D 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 § 83-9 of this chapter.
The Town of LaGrange.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The position of Building Inspector is hereby created.
The Building Inspector is hereby designated to administer and to enforce
the Uniform Code and the Energy Code within the Town of LaGrange.
B.
The Building Inspector shall be appointed by the Town
Board. The 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 other training as the State
of New York shall require for code enforcement personnel, and the
Building Inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
C.
In the event that the Building Inspector is unable
to serve as such for any reason, an Acting Building Inspector shall
be appointed by the Town Board. The Acting Building Inspector shall,
during the term of appointment, exercise all powers and fulfill all
duties conferred upon the Building Inspector by this chapter.
D.
One or more inspectors may be appointed by the Town
Board to act under the supervision and direction of the Building Inspector
and to assist the Building Inspector in the exercise of the powers
and fulfillment of the duties conferred upon the Building Inspector
by this chapter and any other chapter of the Code of the Town of LaGrange.
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 Building Inspector and inspectors
shall be fixed from time to time by the Town Board of this Town.
A.
Except as otherwise specifically provided by law,
ordinance or regulation or except as herein otherwise provided, the
Building Inspector shall administer and enforce all provisions of
the Uniform Code, the Energy Code, and other laws, ordinances and
regulations applicable to the construction, alteration, repair, removal
and demolition of buildings and structures and the installation and
use of materials and equipment therein and the location, use, occupancy
and maintenance thereof.
B.
The Building Inspector 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,
and the plans, specifications and construction documents submitted
with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy and certificates of compliance,
and to include in building permits, certificates of occupancy and
certificates of compliance such terms and conditions as the Building
Inspector may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy and certificates
of compliance, firesafety 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;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's attorney, to pursue
such legal actions and proceedings as maybe necessary to enforce the
Uniform Code, the Energy Code or this chapter, or to abate or correct
conditions not in compliance with the Uniform Code, the Energy Code
or this chapter;
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Building Inspector by this chapter and any
other chapter of the Code of the Town of LaGrange;
(12)
To accept written reports of inspection from inspectors
or other employees of the Department of Buildings or from generally
recognized and authoritative service and inspection bureaus, provided
that the same are certified by a responsible official thereof;
(13)
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of the Uniform Code, the
Energy Code and other laws, ordinances or regulations covering building
construction, to require the performance of tests in the field by
experienced, professional persons or by accredited and authoritative
testing laboratories or service bureaus or agencies; and
(14)
To exercise all other powers and fulfill all other
duties conferred upon the Building Inspector by this chapter.
A.
The Building Inspector 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 and stop-work orders;
(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 reports shall be public information open
to 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.
C.
The Building Inspector shall oversee municipal record
searches.
D.
The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 83-4A and B of this chapter and a report and summary of all appeals or litigation pending or concluded.
E.
The Building Inspector shall annually submit to the
Secretary of State, on behalf of this Town, on a form prescribed by
the Secretary of State, a report of the activities of this Town relative
to administration and enforcement of the Uniform Code.
F.
The 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 this Town
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Town
in connection with administration and enforcement of the Uniform Code.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police, Fire and Health Departments
or officers, and of all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 144 square feet (13.38 square meters);
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(3)
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;
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5)
Construction of retaining walls up to four feet in
height, unless such walls support a surcharge or impound Class I,
II or IIIA liquids;
(6)
Construction of temporary motion picture, television
and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting or other
similar finish work;
(10)
Installation of listed portable electrical, plumbing,
heating, ventilation, or cooling equipment or appliances;
(11)
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
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load bearing component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
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 a building permit shall be made in
writing on a form provided by or otherwise acceptable to the Building
Inspector.
E.
Applications for building permits. Applications for
building permits shall be made by the owner or lessee or agent of
either, or by the architect, engineer or builder employed in connection
with the proposed work. Where such application is made by a person
other than the owner, it shall be accompanied by an affidavit of the
owner or applicant that the proposed work is authorized by the owner
and that the applicant is authorized to make such application.
F.
Each application for a building permit shall include
such information as the Building Inspector deems sufficient to permit
a determination by the Building Inspector that the intended work complies
with all applicable requirements of the Uniform Code and the Energy
Code. The application shall include or be accompanied by the following
information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises
where work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code;
(5)
A duplicate set of plans and specifications, which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect
or licensed professional engineer where so required by the Education
Law;
(c)
Indicate with sufficient clarity and detail the nature
and extent of the work proposed;
(d)
Substantiate that the proposed work will comply with
the Uniform Code and the Energy Code; and
(e)
Where applicable, include a plot plan drawn to scale,
showing the location and size of all proposed new construction and
all existing structures on the site, the location of any existing
or proposed well or septic system, the nature and character of the
work to be performed and the materials to be incorporated, the distance
between buildings and structures and the lot lines, the relationship
of structures on adjoining property, widths and grades of adjoining
streets, walks and alleys, and, where required by the Building Inspector,
details of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data. Plans and specifications
shall bear the signature of the person responsible for the design
and drawings; and
G.
All water supply and sewage disposal installations
shall conform with the Dutchess County Department of Health regulations.
No plot plan shall be approved by the Building Inspector in any zone
unless such conformity is certified on the plan. Drainage affecting
adjacent properties shall be considered by the Administrator of Public
Works before a building permit is issued, including possible runoffs
to said properties. The Administrator of Public Works may request
an evaluation of the drainage plan from the Dutchess County Soil and
Water Conservation District. If the Administrator of Public Works
has concerns regarding drainage, grading or erosion control, he or
she shall refer the plot plan to the Town Engineer for review prior
to a building permit being issued.
H.
Plans and specifications. Plans and specifications will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection F(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the 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 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.
I.
Review for compliance with Chapter 240. Upon receipt, the Building Inspector will review the building permit application and determine whether the proposed work complies with Chapter 240 of the Code of the Town of LaGrange. If the proposed work does not comply with Chapter 240, the Building Inspector shall deny the building permit. The applicant can seek relief from this decision from the Zoning Board of Appeals of the Town of LaGrange within 60 days.
J.
Necessity of a use permit. The Building Inspector shall also determine whether the site where the proposed work is to take place requires a new use permit pursuant to § 240-85 of the Code of The Town of LaGrange. If a use permit is required, the Building Inspector shall suspend review of the application for a building permit and direct that applicant to apply for a use permit. Once a use permit has been obtained, the Building Inspector will continue to review the application for a building permit.
K.
Issuance of building permit. If the proposed work complies with Chapter 240, the Building Inspector shall examine an application for a building permit to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Building Inspector shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, the Energy Code and the applicable laws and regulations of the Town of LaGrange.
L.
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.
M.
Work to be in accordance with plans and specifications.
All work shall be performed in accordance with the plans and specifications
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 Building
Inspector of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Building Inspector
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.
N.
The Building Inspector may require the applicant to
name the Town as additional insured during the construction period.
O.
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 six months following
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 Building Inspector.
P.
Revocation or suspension of building permit. If the
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 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 that all work then proposed to be performed shall
be in compliance with all applicable provisions of the Uniform Code
and the Energy Code. After the building permit has been revoked, the
Building Inspector, at his discretion, before issuing a new building
permit, may require a bond in the favor of the Town of LaGrange with
sufficient surety conditioned for compliance with this chapter and
all provisions of the Uniform Code, the Energy Code, the Town of LaGrange
Code and any other laws and regulations then in force, and in a sum
sufficient to cover the cost of removing the building if it does not
so comply.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work under § 83-8B 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 plumbing, heating, air
conditioning, ventilation, electric, 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 an applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Building Inspector is authorized
to issue stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector
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 not in conformity with the application, plans
or specifications on the basis of which the building permit was issued;
or
(3)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the 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
(4)
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.
C.
Service of stop-work orders. The 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 posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered or certified mail. The Building Inspector
shall be permitted, but not required, to cause the stop-work order,
or a copy thereof, to be served on any builder, licensed design professional,
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 posting the same
upon a conspicuous portion of the building under construction and
sending a copy of the same by registered or certified mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in § 83-9A, 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 § 83-18 of this chapter or under any other applicable chapter 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 required.
(1)
A certificate of occupancy shall be required for any
work which is the subject of a building permit which is for structures
or portions thereof to be occupied by persons 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.
(2)
Certificates of compliance shall be required for all
work which is subject to a building permit but which is not for structures
or portions thereof to be occupied by persons such as for mechanical
installations and the construction of sheds.
B.
Application for certificate of occupancy or compliance.
The owner or his agent shall make application for a certificate of
occupancy or certificate of compliance to the Building Inspector.
In the case of new construction pursuant to a site plan, accompanying
this application and before the issuance of a certificate of occupancy,
there shall be filed with the Building Inspector an affidavit of the
registered architect or licensed professional engineer who filed the
original plans, or of the registered architect or licensed professional
engineer who supervised the construction of the work, or the superintendent
of construction who supervised the work and who, by reason of his
experience, is qualified to superintend the work for which the certificate
is sought. This affidavit shall state that the approved plans of the
structure for which a certificate of occupancy is sought have been
examined and that the structure has been erected in accordance with
approved plans and, as erected, complies with the provisions of this
chapter and all other laws governing building construction, except
insofar as variations therefrom have been legally authorized. Such
variations shall be specified in the affidavit.
[Amended 5-23-2018 by L.L. No. 6-2018]
C.
Issuance of certificate of occupancy or certificate
of compliance.
(1)
The Building Inspector or an inspector authorized
by the Building Inspector shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code, at
the expense of the applicant for the certificate of occupancy or certificate
of compliance, shall be provided to the Building Inspector prior to
the issuance of the certificate of occupancy or certificate of compliance:
(a)
A written statement of structural observations
and/or a final report of special inspections prepared by such person
or persons as may be designated by or otherwise acceptable to the
Building Inspector.
(b)
Flood hazard certifications by such person or
persons as may be designated by or otherwise acceptable to the Administrator
of Public Works.
(2)
After all inspections have been completed, the Building
Inspector shall issue a certificate of occupancy or certificate of
compliance if the work which was the subject of the building permit
was completed in accordance with all applicable provisions of the
Uniform Code and Energy Code and, if applicable, that the structure,
building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable
provisions of the Uniform Code and Energy Code.
(3)
No certificate of occupancy shall be issued for a nonresidential structure or portion thereof unless a use permit has been issued pursuant to Chapter 240 of the Code of the Town of LaGrange for the business, trade, office, industry, institution or other nonresidential activity to be conducted therein.
D.
Contents of certificate of occupancy and certificate
of compliance. A certificate of occupancy and certificate of compliance
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of
compliance is not applicable to an entire structure, a description
of that portion of the structure for which the certificate of occupancy
or certificate of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The 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 permit;
(10)
The signature of the Building Inspector issuing the
certificate of occupancy or certificate of compliance and the date
of issuance; and
(11)
For certificates of occupancy issued for nonresidential structures or portions thereof, a notice that the certificate of occupancy shall automatically expire upon the expiration of the use permit for the business, trade, office, industry, institution or other nonresidential activity conducted therein, including the automatic expiration, revocation or suspension of the use permit pursuant to § 240-85G or H of the Code of the Town of LaGrange.
E.
Bonding
of Incomplete Improvements. The Building Inspector shall be permitted,
within the exercise of his own discretion, to issue a certificate
of occupancy allowing the occupancy of a building or structure, or
a portion thereof, prior to completion of all work which is the subject
of a building permit or work required by site plan approval, but only
after a cash bond or letter of credit acceptable to the Town and equal
to 1 1/2 times the value of the work to be completed, plus a premium
of one third to defray any costs of legal enforcement, has been posted
with the Town Comptroller. Only the principal amount of this cash
bond deposited will be refunded. However, in no event shall the Building
Inspector allow occupancy in advance of completion of work unless
the bond requires the completion of all work within three months.
Occupancy subject to completion of work is not available unless the
Building Inspector determines that the building or structure, or the
portion thereof covered by the certificate, may be occupied safely,
that any fire-detecting and smoke-detecting or fire protection equipment
which has been installed is operational, and that all required means
of egress from the building or structure have been provided. The Building
Inspector may include conditions as he or she deems necessary or appropriate
to ensure safety or to further the purposes and intent of the Uniform
Code. The owner of the premises shall be responsible for any and all
reasonable and necessary legal fees to prepare the bond and to enforce
the conditions of occupancy or to obtain the proceeds of the bond.
Revocation of the certificate of occupancy shall be a remedy for failure
to complete the bonded improvements. Notice of revocation shall be
provided to the owner and the owner shall have a five-day opportunity
to be heard by writing addressed to the Building Inspector. As a condition
of occupancy before completion of all work, the Town shall have a
right of access to the premises and the right to apply the bond proceeds
to completion of the work. Any shortfall between cost of completion
by the Town and the amount of the bond shall be borne by the owner.
At the sole discretion of the Town, the reasonable and necessary costs
incurred by the Town to complete the work or to enforce its rights
hereunder shall be charged against the subject real property by adding
that charge to and making it a part of the next annual real property
tax assessment roll of the Town. Such charges shall be levied and
collected at the same time and in the same manner as Town-assessed
taxes and shall be paid to the Town Comptroller to be applied in reimbursing
the fund from which the costs were paid. Prior to charging such assessments,
the owners of the real property shall be provided written notice to
their last known address of record by certified mail, return receipt
requested, of an opportunity to be heard and object before the Town
Board to the proposed real property assessment at a date to be designated
in the notice, which shall be no less than 14 days after its mailing.
The Town shall have the right to elect remedies from among the alternatives
provided herein.
[Amended 7-26-2017 by L.L. No. 4-2017; 5-23-2018 by L.L. No. 6-2018]
F.
Revocation or suspension of certificates. If the Building
Inspector determines that a certificate of occupancy or certificate
of compliance was issued in error because of incorrect, inaccurate
or incomplete information, and if the relevant deficiencies are not
corrected to the satisfaction of the Building Inspector within such
period of time as shall be specified by the Building Inspector, the
Building Inspector shall revoke or suspend such certificate.
G.
Automatic expiration of certificates of occupancy issued for nonresidential structures or portions thereof. A certificate of occupancy for nonresidential structures or portions thereof shall automatically expire upon the expiration of the use permit for the business, trade, office, industry, institution or other nonresidential activity conducted therein, including the automatic expiration, revocation or suspension of the use permit pursuant to § 240-85G or H of the Code of the Town of LaGrange.
Any building official, upon the showing of proper
credentials and in the discharge of his or her duties, may enter upon
any building, structure or premises at any reasonable hour, and no
person shall interfere with or prevent such entry.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
The chief of any fire department providing firefighting
services for a property within this Town shall promptly notify the
Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
A.
All buildings and structures which have any of the
following defects shall be deemed unsafe and dangerous.
(1)
Those which are structurally unsafe, unsanitary or
whose interior wall or walls or other structural load-bearing members
list, lean or buckle to such an extent that a plumb line passing from
any overhead supporting member through the center of gravity falls
outside the middle third of its base.
(2)
Those which, exclusive of the foundation, show damage
to or deterioration of the supporting member or members to the extent
of 33 1/3% or damage to or deterioration of the nonsupporting
enclosing or exterior walls or covering to the extent of 50% or more.
(3)
Those which have improperly distributed loads upon
the floors or roofs, or in which the floors or roofs are overloaded,
or which have insufficient strength to be reasonably safe for the
purpose used and which do not meet minimum standards prescribed therefor
by the Uniform Code.
(4)
Those having inadequate or insufficient facilities
for ingress or egress in the event of fire or other emergency likely
to cause occupant panic, or those having insufficient stairways, elevators,
fire escapes, aisles, passageways, corridors or other means of access
and which do not meet minimum standards prescribed therefor by the
Uniform Code.
(5)
Those which have parts thereof which are so attached
or connected in such a manner that they may fall or collapse and cause
damage and injury to the occupants thereof or other persons or property.
(6)
Those which, in whole or in part used for residential,
mercantile, industrial, storage, assembly, institutional or any other
purpose, for want of repair, lack of sufficient fire escapes or exits,
or by reason of age or dilapidated condition, or from any other cause,
are unsafe structurally, a fire hazard or a nuisance to the general
public.
(7)
Those which are vacant and unguarded, lacking secured
doors and windows.
(8)
Those which are dangerous to human life and detrimental
to health, as a public nuisance, or which have an existing electrical
wiring system which is defective, or which fail to meet ventilation
requirements as prescribed by applicable provisions of the Uniform
Code or which are overcrowded.
(9)
Those which are an imminent danger to the life and
safety of the public as a result of a fire or explosion.
B.
Those buildings or structures which are as described
heretofore or abandoned are, severally, for the purpose of this section,
unsafe, dangerous buildings or structures and are hereby declared
to be a public nuisance. All such buildings and structures are hereby
declared to be illegal and shall be abated by repair and rehabilitation
or by demolition in accordance with the procedure of this section.
C.
Examination and report. The Building Inspector shall
examine or cause to be examined every building reported as unsafe,
dangerous or a nuisance and shall make a written report of such examination.
D.
Notice. Whenever the Building Inspector shall find any building or structure or portion thereof to be unsafe, dangerous or a nuisance as defined in this section, he shall, in the same manner as provided for the service of stop-work orders in § 83-9 of this chapter, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof.
E.
Immediate danger; posting of sign. If the Building
Inspector finds that there is actual and immediate danger of failure
to collapse so as to endanger life, such notice shall also require
the building, structure or portion thereof to be vacated forthwith
and not reoccupied until the specified repairs and improvements are
completed, inspected and approved. The Building Inspector shall cause
to be posted at each entrance to such building a notice: "This building
is unsafe and its use or occupancy has been prohibited by the Building
Inspector." Such notice shall remain posted until the required repairs
are made or demolition is completed. It shall be unlawful for any
person, firm or corporation, or its agents or other servants, to remove
such notice without written permission of the Building Inspector,
or for any person to enter the building except for the purpose of
making the required repairs or of demolition of same.
F.
Failure to comply. In case the owner, agent or person
in control cannot be found within the stated time limit, or if such
owner, agent or person in control shall fail, neglect or refuse to
comply with notice to repair, rehabilitate or to refuse to comply
with notice to repair, rehabilitate or to demolish and remove said
building or structure or portion thereof, the Town Board shall be
advised of all the facts in the case and shall institute an appropriate
action in the courts to compel compliance.
G.
Emergencies. In cases of emergency which, in the opinion
of the Building Inspector, involve imminent danger to human life or
health, he shall promptly cause such building, structure or portion
thereof to be made safe or removed. For this purpose, he may at once
enter such structure or land on which it stands, or abutting land
or structure, with such assistance and at such cost as may be necessary.
He may vacate adjacent structures and protect the public by appropriate
barricades or such other means as may be necessary, and for this purpose
may close a public or private way.
H.
Costs. Costs incurred under § 83-14F and G shall be paid out under the municipal treasury or certificate of the Building Inspector. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law, including the following method:
(1)
By charging such sums against the real property which
is the subject of the land, by adding that charge to and making it
a part of the next annual real property tax assessment roll of the
Town.
(2)
Such charges shall be levied and collected at the
same time and in the same manner as Town-assessed taxes and shall
be applied in reimbursing the fund from which the costs were defrayed.
(3)
Prior to charging such assessments, the owners of
the real property shall be provided written notice, to their last-known
address of record, by certified mail, return-receipt requested, of
an opportunity to be heard and to object before the Town Board to
the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
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 Table 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 byproduct, 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 Town Board of the Town of LaGrange.
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 § 83-15A 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
remain in effect until reissued, renewed, revoked or suspended.
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. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Building Inspector or an inspector designated by the Building Inspector
at the following intervals:
(1)
Firesafety 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)
Firesafety and property maintenance inspections of
buildings or structures being occupied as child-care facilities shall
be performed at least once every 12 months.
(3)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
Inspections permitted. In addition to the inspections required by § 83-16A, a firesafety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an inspector designated by the Building Inspector at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; 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 receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector 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.
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.
Notwithstanding any other provision of this section to the contrary:
(1)
The Building Inspector shall not perform firesafety
and property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(2)
The Building Inspector shall not perform firesafety
and property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Building Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in § 83-16A(1), (2) or (3) if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in § 83-16A(4); and
(4)
The Building Inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in § 83-16A(1), (2) or (3) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in § 83-16A(4).
D.
The Building Inspector shall charge and collect fees for inspections
under this section, as such fees are established by the Town Board.
The owner(s) of the inspected property, and tenant(s), if any, shall
be jointly and severally responsible for payment of the fees. In the
event of nonpayment of fees, the following remedies shall apply:
[Added 2-24-2016 by L.L.
No. 2-2016]
(1)
The Town may seek recovery of its fees by action venued in a court
of appropriate jurisdiction, and the owner(s) and tenant(s), if any,
shall be jointly and severally responsible for the reasonable and
necessary attorney's fees expended by the Town in prosecuting
such action; and
(2)
Alternatively, and at the sole discretion of the Town, a default
in reimbursement of fees may be remedied by charging such sums, together
with related costs, including attorney's fees incurred, against
the subject real property by adding that charge to, and making it
a part of, the next annual real property tax assessment roll of the
Town. Such charges shall be levied and collected at the same time
and in the same manner as Town-assessed taxes. Prior to charging such
assessments, the owner(s) of the real property shall be provided written
notice to his/her (their) last known address of record by certified
mail, return receipt requested, of an opportunity to be heard and
object before the Town Board to the proposed real property assessment,
at a date to be designated in the notice, which shall be no less than
30 days after its mailing.
The 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 chapter,
or any other chapter, 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 Building Inspector 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 inspections;
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 § 83-18;
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.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this chapter, of the Uniform Code, or of the Energy
Code, or to construct, alter or use and occupy any building or structure
or part thereof in a manner not permitted by an approved building
permit, certificate of occupancy or certificate of compliance or temporary
certificate of occupancy or temporary certificate of compliance, or
to use any property in violation of this chapter, of the Uniform Code
or of the Energy Code, or to fail in any manner to comply with a notice,
directive or order of the Building Inspector.
[Amended 11-12-2008 by L.L. No. 13-2008]
B.
Compliance orders. The 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 chapter. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order. The compliance order shall: be in
writing; be dated and signed by the Building Inspector; specify the
condition or activity that violates the Uniform Code, the Energy Code
or this chapter; 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; specify the period of time which
the Building Inspector deems to be reasonably necessary for achieving
compliance; direct that compliance be achieved within the specified
period of time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time. The Building Inspector shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally or by registered or certified mail. The 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 registered
or certified mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the compliance
order.
C.
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction or use of
any building who shall violate any of the applicable provisions of
this chapter, or any lawful order, notice, directive, permit or certificate
of the Building Inspector made thereunder, shall be punishable by
a fine of not more than $1,000 or imprisonment not exceeding 15 days,
or both. Each day that a violation continues shall be deemed a separate
offense.
[Amended 11-14-2012 by L.L. No. 6-2012]
D.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness or otherwise of any person convicted
thereof.
E.
The Building Inspector and any inspectors as may be
appointed by the Town Board shall have the authority to issue appearance
tickets, under Article 150 of the Criminal Procedure Law of this state,
for purposes of enforcement of the Uniform Code, the Energy Code and
this chapter.
F.
Civil penalties. In addition to those penalties prescribed
by the 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, stop-work order, operating
permit or other notice or order issued by the Building Inspector pursuant
to any provision of this chapter, shall be liable to a civil penalty
of not more than $200 for each day or part thereof during which such
violation continues. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Town.
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 § 83-9, 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 § 83-9, 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 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.
[Amended 11-12-2008 by L.L. No. 13-2008]
An action or proceeding may be instituted in the name of this 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 chapter, or any term or condition of any building permit, certificate of occupancy, stop-work order, operating permit, compliance order, or other notice or order issued by the Building Inspector 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 this Town, 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 section shall be commenced without the appropriate authorization from the Town Board of this Town. These remedies shall be in addition to the penalties prescribed in § 83-18.
All applications submitted pursuant to this
chapter shall be accompanied by the applicable fee that shall be used
to cover review and administrative costs. The fees shall be set forth
in the fee schedule established by resolution of the Town Board in
effect at the time of the application.
The Town Board of this Town may, by resolution,
authorize the Town 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.