[Adopted 11-8-1927 as § 23
of Ch. XI of the Village Ordinances]
[Amended 4-27-1953; 11-13-2006 by L.L. No. 6-2006]
Sections 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6 provide 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 of Akron. Sections 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6 are adopted pursuant to § 10 of the Municipal Home Rule Law and add to, amend, and delete provisions of Chapter 71 of the Code of the Village of Akron. Except as otherwise provided in the Uniform Code, other state law, or §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6 or other law of the Code of the Village of Akron, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6.
[Added 11-13-2006 by L.L. No. 6-2006]
A.
Building permits required. Building permits 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 Code Enforcement Officer.
B.
Building permits form. Building permit applications
will be submitted to the Code Enforcement Officer on a form adopted
by resolution of the Village Board of Trustees.
C.
Construction documents. Construction documents shall
accompany the building permit application. Such application will not
be accepted unless the documents meet the requirements adopted by
resolution of the Village Board of Trustees.
[Added 9-14-1953]
It shall be unlawful within the limits of the
Village of Akron for any person to park a house trailer, or any other
portable structure or vehicle so constructed or designed as to permit
occupancy thereof for dwelling or sleeping purposes, or the conduct
of any business, profession, occupation or trade, except as follows:
A.
Emergency or temporary stopping or parking shall be
permitted on any street, alley or highway for not longer than one
hour, subject to any other and further regulation or limitation imposed
by law or ordinance.
B.
A single unoccupied trailer may be parked in a private
garage or in a rear or side yard in any district; provided, however,
that the Village Board may order the removal thereof if such parking
becomes objectionable.
[Added 10-16-2006 by L.L. No. 5-2006]
A.
Legislative findings. The Village Board finds that
temporary structures are being placed on private property and are
being used for long-term storage. The Board seeks to regulate temporary
structures to preserve and enhance the character of the neighborhoods
throughout the Village, to strengthen enforcement of the storage of
outdoor refuse, to promote the desirable use of land, and to protect
public health, safety, and general welfare.
B.
Definition. A "temporary structure" is an assembly
of materials forming a shelter, building, or enclosure to protect
people, products, material, equipment, or inventory not covered by
the building permit system under the Village Code. This section shall
not apply to temporary structures, such as recreational or screen
tents, where the footprint is 100 square feet or less.
C.
Applicability. This section shall apply to all zones
within the Village.
D.
Permit application. Applications shall be made to
the Village Building Inspector. Upon review of such application and
payment of any fee required, the Building Inspector will issue, issue
with modifications, or deny such permit. Such application will be
in the form adopted by the Board of Trustees by resolution.
E.
Length of time for the permit. Such permit will allow
the placement of a temporary structure for 45 days with one renewal
per calendar year. The temporary structure shall be removed upon the
expiration of the permit.
F.
Location and size. There shall be one structure per
tax parcel located in accordance with the local law for zoning in
the particular district where it is proposed. The maximum size of
the temporary structure is 200 square feet. No temporary structure
with a footprint exceeding 200 square feet shall be allowed in any
zone.
G.
Fee. The fee for such permit shall be established
by resolution of the Board of Trustees.
H.
Compliance for existing temporary structures. All
temporary structures in place as of the effective date of the filing
of this section shall have one year from the filing date of this section
to obtain a permit for an existing temporary structure.
[Added 12-3-2007 by L.L. No. 7-2007]
A.
Legislative findings. It is the intention of the Village
Board to establish and impose restrictions upon the construction and
operation of outdoor furnaces within the limits of the Village for
the purpose of securing and promoting the public health, comfort,
convenience, safety, and welfare of the Village and its inhabitants.
The Village Board has observed the installation of outdoor furnaces
in our surrounding rural towns. Such heating equipment may be appropriate
in rural areas, but the Board finds that the smoke, soot, fumes, odors,
and potential air pollution make such installation inappropriate in
areas of more dense building and population. Such furnaces can deprive
neighboring residents of the enjoyment of their property or premises.
The hazards and adverse impacts associated with outdoor furnaces outweigh
any benefit their use may realize.
B.
Definition. As used in this section, "outdoor furnace"
shall mean an accessory structure, designed and intended, through
the burning of any kind of fuel, for any purpose, including but not
limited to providing hot water and/or a source of heat to structures,
or any other site structure on the premises.
C.
Prohibition. The construction, operation or possession
of outdoor furnaces used, connected, operated or constructed to provide
hot water and/or a source of heat to structures is hereby prohibited
within the Village of Akron.
D.
Penalties for offenses. Any person who shall violate any provisions of this section shall be guilty of a violation of the General Penalty under § 1-14 of this Code.
E.
Civil proceedings. Compliance with this section may
also be compelled and violations restrained by order or by injunction
by a court of competent jurisdiction. Any person who violates any
provision of this section shall also be subject to a civil penalty
of not more than $1,500, to be recovered by the Village in a civil
action, and each week's continued violation shall be for this purpose
a separate and distinct violation. In the event the Village is required
to take such legal action to enforce this section, the violator will
be responsible for any and all necessary costs relative thereto, including
attorney's fees.
[Added 6-9-1958; amended 11-13-2006 by L.L. No. 6-2006]
A.
Work to be 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.
B.
Time limits. Building permits will become invalid
unless the authorized work is commenced within six months of the date
of issuance. Building permits shall expire 12 months after the date
of issuance and may be extended with the payment of an extension fee
and approval of the Code Enforcement Officer for up to a total of
12 additional months. A building permit which has become invalid or
which has expired pursuant to this section may be renewed upon application
of the permit holder, payment of the applicable fee, and approval
of the permit by the Code Enforcement Officer.
[Amended 12-2-2013 by L.L. No. 2-2013]
C.
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:
