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Village of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 9-3-1974 by L.L. No. 3-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 91.
Housing/property maintenance and building code administration— See Ch. 162.
Zoning — See Ch. 270.
This chapter is hereby entitled "Fire Hazard Inspection and Removal Law of the Village of Ossining" and may be so cited.
[Amended 8-3-1999 by L.L. No. 2-1999; 7-15-2015 by L.L. No. 5-2015]
A. 
Upon referral by the Fire Chief of the Fire Department of the Village of Ossining or an Assistant or Deputy Fire Chief, or in response to a complaint based upon personal observation, or as otherwise may be required by law or regulation, the Building Inspector, Assistant Building Inspector and Code Enforcement Officer, or his or her authorized designee, or a certified fire inspector acting as agent of the Village, are hereby authorized and empowered, at any and all reasonable times and as often as necessary, to enter upon and inspect all premises which are classified under Chapter 270, Zoning, of the Village of Ossining as being located in districts denominated Multifamily Residence, Professional Office, General Business, Neighborhood Business, Central Business, Office-Research and Waterfront Development and all the interior streets, roadways, and driveways thereof to determine whether there exist any conditions therein conducive to danger from fire and whether there are obstructions to property, fire escapes, stairs, passageways, doors and windows which might impede the operations of the Fire Department or other emergency services personnel in the event of a fire or emergency and whether there are any conditions existing on said premises creating danger to life or property. If any owner, occupant or any other person in charge of a building or structure subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the building or structure where inspection is authorized, the Village may seek in a court of competent jurisdiction either an order that such owner, occupant or other person in charge cease and desist with such interference and allow the inspection to proceed or to obtain a warrant as provided by law.
[Amended 4-19-2017 by L.L. No. 3-2017]
B. 
The Fire Chief or an Assistant Fire Chief, the Building Inspector or his or her authorized designee or a certified fire inspector acting as agent of the Village shall designate such areas at, on or near any interior street, roadway or driveway which, if obstructed, by the parking or placing of any motor vehicle or any physical object or material will cause interference with the ingress and egress of firefighting or other emergency equipment or which, if obstructed in any way, will create a condition which is dangerous to life or property. Such areas shall thereupon be marked with standard police signs and/or such other markings deemed necessary and proper by the Fire Chief or Assistant Fire Chief, or the Building Inspector or his or her authorized designee or a certified fire inspector acting as agent of the Village indicating that said area is a restricted fire zone. The parking or placing of any motor vehicle or physical object or material within any such restricted fire zone is hereby expressly prohibited.
[Amended 7-15-2015 by L.L. No. 5-2015]
The Village of Ossining Building Inspector or his or her authorized designee, or any police officer of the Ossining Police Department shall issue a summons, appearance ticket or other accusatory instrument as appropriate for the violation of this chapter to the owner or any person operating or controlling any motor vehicle, physical object or material parked or placed within any restricted fire zone as hereby designated. Whenever any other violation of any of the provisions of this chapter is found to exist, the Building Inspector shall issue an order directed to the owner or occupant of the premises affected to remove any dangerous materials or remedy any other hazardous conditions as he or she may direct within a reasonable time frame for compliance as may be deemed appropriate, but said time frame may not be more than 24 hours and upon the failure or refusal of the person to whom such order is directed duly to comply therewith, a summons, an appearance ticket or similar accusatory instrument as appropriate shall be issued to such person for such violation.
The service of any order hereunder may be made upon the occupant of the premises to which it is directed, either by delivering a copy of the same personally or by leaving it with any person of suitable age and discretion in charge of such premises, or if no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the front door of said premises. An order may be served upon the owner of such premises by delivering to and leaving with him or her a copy thereof, or, if such owner is absent from the Village, by mailing a copy to his or her last known address.
It shall be unlawful for any person willfully to refuse to permit an inspection as provided herein.
It shall be unlawful for any person being the owner or occupant, lessee or otherwise in charge or control of any premises subject to an order made pursuant to this chapter, to fail or refuse to comply with such order within the time specified therein or to violate any of the provisions of this chapter.
[Amended 8-3-1999 by L.L. No. 2-1999; 9-16-2008 by L.L. No. 6-2008]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a minimum fine of $100 and a maximum fine of $1,000 per offense or imprisonment not exceeding 15 days, or both such fine and imprisonment.