[HISTORY: Adopted by the Board of Trustees of the Village of Rhinebeck 2-13-2007
by L.L. No. 1-2007. Amendments noted where applicable.]
This chapter provides for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code (the Uniform Code)
and the State Energy Conservation Construction Code (the Energy Code) in this
Village. 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:
Any structure used or intended for supporting or sheltering any use
or occupancy.
A permit issued pursuant to § 39-4 of this chapter or which permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 39-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 39-3B of this chapter.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 39-15A 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 § 39-3D of this chapter.
A permit issued pursuant to § 39-10 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.
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 § 39-6 of this chapter.
A certificate issued pursuant to § 39-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
The Village of Rhinebeck.
A.
The office of Uniform Code Enforcement Officer is hereby
created, hereinafter referred to as Code Enforcement Officer, who shall administer
and enforce all the provisions of the Uniform Code, the Energy Code and this
chapter. The Code Enforcement Officer shall have the following powers and
duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, temporary certificates and
operating permits, and the plans, specifications and construction documents
submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, temporary certificates and operating permits,
and to include in building permits, certificates of occupancy, temporary certificates
and operating permits such terms and conditions as the Code Enforcement Officer
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be
made prior to the issuance of certificates of occupancy, temporary certificates
and operating permits, 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 Board of Trustees of this
Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to
pursue such legal actions and proceedings as may be necessary to enforce the
Uniform Code, the Energy Code and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this chapter;
and
(11)
To exercise all other powers and fulfill all other duties
conferred upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the
Village Board. The Code Enforcement Officer shall possess background experience
related to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall require
for code enforcement personnel, and the Code Enforcement Officer shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable
to serve as such for any reason, an individual shall be appointed by the Village
Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement
Officer shall, during the term of his or her appointment, and in the absense
of the Code Enforcement Officer, exercise all powers and fulfill all duties
conferred upon the Code Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by the Village
Board to act under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the powers and
fulfillment of the duties conferred upon the Code Enforcement Officer by this
chapter. Each inspector shall, within the time prescribed by law, obtain such
basic training, in-service training, advanced in-service training and other
training as the State of New York shall require for code enforcement personnel,
and each inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and
inspectors shall be fixed from time to time by the Board of Trustees of this
Village.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit or and amended 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 an indoor or outdoor solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
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 is less than 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 above ground;
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5)
Construction of retaining walls, 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 interior 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 building permits. Applications for a
building permit shall be made in writing on a form provided by or otherwise
acceptable to the Code Enforcement Officer. The application shall be signed
by the owner of the property where the work is to be performed or by an authorized
agent of the owner. The application shall include such information as the
Code Enforcement Officer deems sufficient to permit a determination by the
Code Enforcement Officer that the intended work complies with all applicable
requirements of the Uniform Code and the Energy Code. The application shall
include or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises
where the 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, the Energy
Code and this chapter; and
(5)
At least two sets of construction documents (drawings
and/or 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 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.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(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 Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building
permit shall be examined by the Code Enforcement Officer to ascertain whether
the proposed work is in compliance with the applicable requirements of the
Uniform Code and Energy Code. The Code Enforcement Officer shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall
be visibly displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be performed in accordance with construction
documents. All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a directive.
The permit holder shall immediately notify the Code Enforcement Officer of
any change occurring during the course of the work. The building permit shall
contain such a directive. If the Code Enforcement Officer determines that
such change warrants a new or amended building permit, such change shall not
be made until and unless a new or amended building permit reflecting such
change is issued upon application of the permit holder therefor.
I.
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 23 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.
J.
Revocation or suspension of building permits. If the
Code Enforcement Officer determines that a building permit was issued in error
because of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or the Energy
Code, the Code Enforcement Officer shall revoke the building permit or suspend
the building permit until such time as the permit holder demonstrates that
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.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion
thereof shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform Code
or Energy Code. Work not in compliance with any applicable provision of the
Uniform Code, the Energy Code or this chapter shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code, the Energy Code or this chapter, reinspected, and found
satisfactory as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized
to issue stop-work orders pursuant to this section. The Code Enforcement Officer
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer
to be contrary to any applicable provision of the Uniform Code, Energy Code
or this chapter, without regard to whether such work is or is not work for
which a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe
manner in the opinion of the Code Enforcement Officer, without regard to whether
such work is or is not work for which a building permit is required, and without
regard to whether a building permit has or has not been issued for such work;
or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under a building
permit that has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall be
in writing, be dated and signed by the Code Enforcement Officer, state the
reason or reasons for issuance, and if applicable, state the conditions which
must be satisfied before work will be permitted to resume.
C.
Service of stop-work orders. The Code Enforcement Officer
shall cause the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder, on the
permit holder) personally or by registered mail or by certified mail. The
Code Enforcement Officer shall be permitted, but not required, to cause the
stop-work order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work affected by the stop-work
order, personally or by 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 Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 39-15, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy required. A certificate of
occupancy 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.
B.
Issuance of certificates of occupancy. The Code Enforcement
Officer shall issue a certificate of occupancy if the work which was the subject
of the building permit was completed in accordance with all applicable provisions
of the Uniform Code, the Energy Code and this chapter 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 or an inspector authorized by the Code Enforcement Officer shall inspect
the building, structure or work prior to the issuance of a certificate of
occupancy. In addition, where applicable, the following documents, prepared
in accordance with the provisions of the Uniform Code by such person or persons
as may be designated by or otherwise acceptable to the Code Enforcement Officer,
at the expense of the applicant for the certificate of occupancy, shall be
provided to the Code Enforcement Officer who shall inspect the building, structure
or work prior to the issuance of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate
of occupancy shall contain the following information:
(1)
The building permit number or amended 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 is not applicable to
an entire structure, a description of that portion of the structure for which
the certificate of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with the
issuance of the building permit; and
(10)
The signature of the Code Enforcement Officer issuing
the certificate of occupancy and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer shall
be permitted to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion of the
work which is the subject of a building permit. However, in no event shall
the Code Enforcement Officer issue a temporary certificate unless the Code
Enforcement Officer determines that the building or structure, or the portion
thereof covered by the temporary certificate, may be occupied safely, that
any fire- 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 Code Enforcement Officer may include
in a temporary certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent of the
Uniform Code. A temporary certificate shall be effective for a period of time,
not to exceed six months, which shall be determined by the Code Enforcement
Officer and specified in the temporary certificate. During the specified period
of effectiveness of the temporary certificate, the permit holder shall undertake
to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy or a temporary
certificate was issued in error because of incorrect, inaccurate or incomplete
information, and if the relevant deficiencies are not corrected to the satisfaction
of the Code Enforcement Officer within such period of time as shall be specified
by the Code Enforcement Officer, the Code Enforcement Officer shall revoke
or suspend such certificate.
The chief of any fire department providing fire-fighting services for
a property within the Village of Rhinebeck shall promptly notify the Code
Enforcement Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Village of Rhinebeck shall be
identified and addressed in accordance with the following procedures:
A.
Investigation and report. When the Code Enforcement Officer,
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, safety, morals 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 Village Board of the Village
of Rhinebeck his/her findings and recommendations in regard to its repair
or demolition and removal.
B.
Determination by Village Board. The Village Board shall
thereafter consider such report and by resolution determine if in its opinion
the report so warrants that such building is unsafe and/or dangerous and order
its repair if the same can be safely repaired or its demolition and removal,
and further order that a notice be served upon the persons and in the manner
provided herein.
C.
Contents of notice. The notice shall contain the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building
is unsafe or dangerous;
(3)
An order outlining the manner in which the building is
to be made safe and secure, or demolished and removed;
(4)
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 Village
Board in relation to such dangerous or unsafe building, which hearing shall
be scheduled not less than five business days from the date of service of
the notice; and
(6)
A statement that in the event of neglect or refusal to
comply with the order to secure or demolish and remove the building, the Village
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.
D.
Service of notice.
(1)
Said notice shall be served:
(a)
By personal service of a copy thereof upon the owner,
executor, administrator, agent, lessee, or any person having a vested or contingent
interest in such unsafe building as shown by the records of the Village 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;
and
(b)
By personal service of a copy of such notice upon any
adult person residing or occupying said premises if such person can be reasonably
found; and
(c)
By securely affixing a copy of such notice upon the unsafe
building.
(2)
A copy of the notice served as provided herein shall
be filed in the Office of the County Clerk of the County of Dutchess.
E.
Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with the said order of the Village Board and after the hearing, the Village Board shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in emergency as provided in § 39-9G hereof, any contract for demolition and removal of a building in excess of $10,000 shall be awarded through competitive bidding.
F.
Assessment of expenses. All expenses incurred by the
Village 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 thereof,
shall, at the option of the Village Board either: 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 Village Law for the levy and collection
of a special ad valorem levy; or be collected by commencement of a special
proceeding against the owner of said unsafe or dangerous building or structure
pursuant to General Municipal Law § 78-b.
G.
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 Village 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 § 39-9E hereof.
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 Board of Trustees of this Village.
B.
Applications for operating permits. An application for
an operating permit shall be in writing on a form provided by or otherwise
acceptable to the Code Enforcement Officer. Such application shall include
such information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If the Code
Enforcement Officer determines that tests or reports are necessary to verify
conformance, such tests or reports shall be performed or provided by such
person or persons as may be designated by or otherwise acceptable to the Code
Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to exceed three
years in any other case, as shall be determined by the Code Enforcement Officer
to be consistent with local conditions. The effective period of each operating
permit shall be specified in the operating permit. An operating permit may
be reissued or renewed upon application to the Code Enforcement Officer, payment
of the applicable fee, and approval of such application by the Code Enforcement
Officer.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer at the
following intervals:
(1)
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 dormitories shall be performed at least once
every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety 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 or an inspector designated by the Code Enforcement Officer 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 Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other
provision of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention and Control
("OFPC") and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that fail
to comply with the Uniform Code, the Energy Code, this chapter, or any other
local law or regulation adopted for administration and enforcement of the
Uniform Code or the Energy Code. The process for responding to a complaint
shall include such of the following steps as the Code Enforcement Officer
may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities
alleged to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 39-15, Enforcement; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or
corrected, performing an inspection to ensure that the violation has been
abated or corrected, preparing a final written report reflecting such abatement
or correction, and filing such report with the complaint.
A.
The Code Enforcement Officer shall keep permanent official
records of all transactions and activities conducted by all Code Enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy, temporary
certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All other features and activities specified in or contemplated by §§ 39-4 through 12, inclusive, of this chapter; and
(9)
All fees charged and collected.
B.
All such records shall be public records open for public
inspection during normal business hours. All plans and records pertaining
to buildings or structures, or appurtenances thereto, shall be retained for
at least the minimum time period so required by state law and regulation.
A.
The Code Enforcement Officer shall annually submit to the Village Board a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 39-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to
the Secretary of State, on behalf of this Village, on a form prescribed by
the Secretary of State, a report of the activities of this Village relative
to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the
New York State Department of State, provide to the New York State Department
of State, from the records and related materials this Village is required
to maintain, excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Village in connection with administration
and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is authorized
to order, in writing, the remedying of any condition or activity found to
exist in, on or about any building, structure, or premises in violation of
the Uniform Code, the Energy Code, or this chapter. Upon finding that any
such condition or activity exists, the Code Enforcement Officer shall issue
a compliance order. The compliance order shall be in writing; be dated and
signed by the Code Enforcement Officer; 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 Code Enforcement Officer 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 Code Enforcement Officer shall cause the compliance order,
or a copy thereof, to be served on the owner of the affected property personally
or by certified mail. The Code Enforcement Officer shall be permitted, but
not required, to cause the compliance order, or a copy thereof, to be served
on any builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or assisting
in work being performed at the affected property personally or by registered
mail; provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any violation
of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building permit,
certificate of occupancy, temporary certificate, stop-work order, operating
permit or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter, shall be liable to a civil penalty 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 Village.
D.
Injunctive relief. An action or proceeding may be instituted
in the name of this Village, 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, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this chapter.
In particular, but not by way of limitation, where the construction or use
of a building or structure is in violation of any provision of the Uniform
Code, the Energy Code, this chapter, or any stop-work order, compliance order
or other order obtained under the Uniform Code, the Energy Code or this chapter,
an action or proceeding may be commenced in the name of this Village, in the
Supreme Court or in any other court having the requisite jurisdiction, to
obtain an order directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate authorization
from the Board of Trustees of this Village.
E.
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 § 39-6, 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 § 39-6, 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.
A fee schedule shall be established by resolution of the Village Board
of this Village. 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, temporary
certificates, operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or contemplated
by this chapter.
The Board of Trustees of this Village may, by resolution, authorize
the Mayor of this Village to enter into an agreement, in the name of this
Village, 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.
