Village of Akron, NY Administration and Enforcement

Editor's Note: This local law provided that it take effect on June 15, 2000.

[Added 9-21-1998 by L.L. No. 7-1998; amended 11-13-2006 by L.L. No. 6-2006]

Inspections.

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 A(2) of this section is ready for inspection.

(2)

Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

(a)

Work site prior to the issuance of a building permit;

(b)

Footing and foundation;

(c)

Preparation for concrete slab;

(d)

Framing;

(e)

Building systems, including underground and rough-in;

(f)

Fire-resistant construction;

(g)

Fire-resistant penetrations;

(h)

Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(i)

Energy Code compliance; and

(j)

A final inspection after all work authorized by the building permit has been completed.

(3)

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 the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the 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.

Stop-work orders.

(1)

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:

(a)

Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or the 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

(b)

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

(c)

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.

(2)

Content of stop-work orders. Stop-work orders shall:

(a)

Be in writing;

(b)

Be dated and signed by the Code Enforcement Officer;

(c)

State the reason or reasons for issuance; and

(d)

If applicable, state the conditions which must be satisfied before work will be permitted to resume.

(3)

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 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 certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

(4)

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.

(5)

Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection B(1) 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 § 71-5G, Violations, 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.

Certificates of occupancy.

(1)

A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures or 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)

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 and the Energy Code 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 the 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 prior to the issuance of the certificate of occupancy:

(a)

A written statement of structural observations and/or a final report of special inspections; and

(b)

Flood hazard certifications.

(3)

Contents of certificates of occupancy. A certificate of occupancy shall contain the information as required by resolution of the Board of Trustees.

(4)

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 1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely; 2) that any fire- and smoke-detecting or fire-protection equipment which has been installed is operational; and 3) 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.

(5)

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.

(6)

The Chief of any fire department providing fire-fighting services for a property within this Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

Operating permits.

(1)

Operating permits required.

(a)

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

[1]

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 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;

[2]

Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;

[3]

Use of pyrotechnic devices in assembly occupancies;

[4]

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

[5]

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Village Board of this Village.

(b)

Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection D(1) shall be required to obtain an operating permit prior to commencing such activity or operation.

(2)

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.

(3)

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.

(4)

Multiple activities. In any circumstance in which more than one activity listed in Subsection D(1) 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.

(5)

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.

(6)

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.

(7)

Fee. The fee specified in or determined in accordance with the provisions set forth by resolution of the Board of Trustees must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

Firesafety and property maintenance inspections.

(1)

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:

(a)

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.

(b)

Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

(c)

Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection E(1)(a) or (b) and all nonresidential buildings, structures, uses and occupancies not included in Subsection E(1)(a) or (b) shall be performed at least once every 36 months.

(2)

Inspections permitted. In addition to the inspections required by Subsection E(1), 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 a) the request of the owner of the property to be inspected or an authorized agent of such owner; b) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; or c) 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 the 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.

(3)

OFPC inspections. Nothing in this section or in any other provision of §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6 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.

Complaints. 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, §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6, 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:

(1)

Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

(2)

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 § 71-5G, Violations.

(3)

If appropriate, issuing a stop-work order;

(4)

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.

Violations.

(1)

Compliance orders.

(a)

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 §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:

[1]

Be in writing;

[2]

Be dated and signed by the Code Enforcement Officer;

[3]

Specify the condition or activity that violates the Uniform Code, the Energy Code, or §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6;

[4]

Specify the provision or provisions of the Uniform Code, the Energy Code, or §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6 which is/are violated by the specified condition or activity;

[5]

Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;

[6]

Direct that compliance be achieved within the specified period of time, and

[7]

State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

(b)

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 certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

(2)

Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

(3)

Penalties. In addition to those penalties under state law and the penalties imposed under the general penalty § 1-14 of the Code of the Village of Akron, any person who violates any provision of the Uniform Code, the Energy Code or §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6 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 §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6, 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 G(3) shall be recoverable in an action instituted in the name of this Village.

(4)

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, §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6 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 §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6. 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, §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6, 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 G(4) shall be commenced without the appropriate authorization from the Mayor of the Village of Akron.

(5)

Remedies not exclusive. No remedy or penalty specified in Subsection G shall be the exclusive remedy or penalty available to address any violation described in Subsection G, and each remedy or penalty specified in Subsection G shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in Subsection G, in § 71-5B, Stop-work orders, in any other section of §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6, or in any other applicable law. Any remedy or penalty specified in Subsection G may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in Subsection G, in § 71-5B, Stop-work orders, in any other section of §§ 71-1, 71-1.1, 71-3, 71-4, 71-5 and 71-6, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in Subsection G 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 Subsection G 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.