[HISTORY: Adopted by the Board of Trustees of the Village of Skaneateles as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-1967; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
For the purpose of establishing rules and regulations for the construction, alteration, repair, demolition and removal of buildings and structural appurtenances, and other similar work, there is hereby adopted the State Uniform Fire Prevention and Building Code, consisting of the following codes adopted by the State Fire Prevention and Building Code Council: the Building Code, Residential Code, Fire Code, Plumbing Code, Fuel Gas Code, Mechanical Code, Property Maintenance Code and Energy Conservation Code. The State Uniform Fire Prevention and Building Code is hereby adopted and incorporated by reference as fully as if set out at length herein, and the provisions thereof shall be in full force and effect within the Village.
[Adopted 6-26-1989 by L.L. No. 4-1989]
There is hereby designated in the Village of Skaneateles a public official to be known as the "Code Enforcement Officer," who shall be appointed by the Mayor with the approval of the Board of Trustees at the compensation to be fixed by it.
[Amended 9-22-2011 by L.L. No. 1-2011]
The Code Enforcement Officer shall have completed the New York State Basic Code Enforcement Training Program and various construction, building and other training courses as required by the Board of Trustees.
Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Code Enforcement Officer shall administer and enforce all the provisions of the New York State Uniform Fire Prevention and Building Code and other laws, ordinances, rules and regulations applicable to plans, specifications, or permits for the construction, alteration and repair of buildings and structures, and the installation and use of materials and equipment therein, and to the location, use and occupancy thereof.
The Code Enforcement Officer shall administer and enforce the New York State Uniform Fire Prevention and Building Code with regard to the requirements pertaining to the storage of combustible, flammable or otherwise dangerous materials and the use and maintenance of nonresidential buildings. This may be done with the assistance of the Chief of the Skaneateles Fire Department.
To effectuate implementation of the New York State Uniform Fire Prevention and Building Code, the Village Board of the Village of Skaneateles is hereby authorized, pursuant to Article 5-G of the General Municipal Law, to contract with the County of Onondaga or another municipality for services on an as-needed basis in the implementation and enforcement of the Uniform Code.
The Village Board may, after public notice and publication at least five days prior to the effective date thereof in a newspaper of general circulation within the Village, adopt such further procedural/administrative rules and regulations as the Board deems reasonable to carry out the provisions of this article. The Code Enforcement Officer may make recommendations to the Village Board to adopt, amend, or appeal such rules and regulations as long as they may relate to efficient administration and enforcement of the provisions of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this article, or any other provision of law.
In the absence of the Code Enforcement Officer or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Board of Trustees, to designate a person to act on behalf of the Code Enforcement Officer and to exercise all the powers conferred upon him by this article.
The Mayor, with the approval of the Board of Trustees, may appoint one inspector or more, as the need may appear, to act under the supervision and direction of the Code Enforcement Officer and to exercise any portion of the powers and duties of the Code Enforcement Officer as he may direct. The compensation of such inspectors shall be fixed by the Board of Trustees.
The Code Enforcement Officer or any other Village employee directly involved in code enforcement shall not engage in any activity inconsistent with his duties, or with the interests of the Building Department, nor shall he, during the term of his appointment, be engaged directly or indirectly in any building or construction business or in the furnishing of labor, materials, supplies or appliances for, or the supervision of, the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the Village of Skaneateles, except that this provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by him for his own personal use and occupancy or for the use and occupancy of members of his immediate family and not constructed for sale.
Where practical difficulties or unnecessary hardships may result from enforcement of the strict letter of any provision of this article or any rule or regulation hereunder which provision is also not required by the New York State Uniform Code, applications for variances consistent with the spirit of such law, rule or regulation may be made to the Village Zoning Board of Appeals.
[Amended 5-10-2018 by L.L. No. 3-2018]
A building permit shall be required for the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of fences, walls, chimneys, flues, fireplaces or solid fueled heating appliances in the Village of Skaneateles.
No person, firm, or corporation shall commence any work for which a building permit is required, or cause the same to be done without first obtaining a building permit from the Code Enforcement Officer of the Village of Skaneateles.
[Amended 3-22-2004 by L.L. No. 1-2004; 5-10-2018 by L.L. No. 3-2018]
The Code Enforcement Officer of the Village of Skaneateles shall receive applications, approve plans and specifications, issue permits as set forth in § 76-11 of this chapter, and shall examine the premises for which such applications have been received, plans approved, or such permits have been issued for the purpose of ensuring compliance with laws, ordinances, rules and regulations governing such permits.
A building permit will be issued when the application has been determined to be complete, when the proposed work has been determined to conform to the provisions of the Uniform Code, and when the Code Enforcement Officer has determined that the proposed work is in compliance with Chapter 225, Zoning, of the Code of the Village of Skaneateles.
The application for a building permit and its accompanying documents shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
The form of the building permit and the application for the same shall be prescribed by resolution of the Board of Trustees. The application shall be signed by the owner (or his authorized agent) of the building or work and shall contain at least the following:
Name and address of the owner.
Identification and/or description of the land on which the work is to be done.
Description of use or occupancy of the land and existing or proposed building.
Description of the proposed work.
Estimated cost of the proposed work.
A statement that the work shall be performed in compliance with the Uniform Code and applicable state and local laws, ordinances and regulations.
Each application shall be accompanied by such documents, drawings, plans (including a plot plan) and specifications as the applicant shall deem adequate and appropriate for compliance with this article or as the Code Enforcement Officer may require as being necessary or appropriate in his judgment. The applicant may confer with the Code Enforcement Officer in advance of submitting his application to discuss these requirements.
The applicant shall notify the Code Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. A building permit issued pursuant to this article shall be prominently displayed on the premises or property to which it pertains and shall be visible from the nearest public drive.
A building permit issued pursuant to this article may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any conditions attached to such permit or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit.
A permit issued pursuant to this article shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy. The permit may, upon written request, be renewed for successive one-year periods provided that:
Certificates of occupancy or certificates of compliance shall be required for all work for which a building permit concerns additions, alterations to, or erection of habitable structures. Certificates of occupancy are required for all buildings which are converted from one general occupancy classification to another. Such classifications are defined in Part 701 of Title 9 of 19 NYCRR 444.3(c).
No habitable building or structure hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy has been issued by the Code Enforcement Officer.
No building hereinafter enlarged, extended or altered, where a building permit has been issued, shall be occupied or used more than 30 days after the completion of the alteration or work unless a certificate of occupancy has been issued.
No change shall be made in the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued.
When, after a final inspection, it has been found that the proposed work has been completed in accordance with the applicable laws, ordinances, rules or regulations and also in accordance with the application, the Code Enforcement Officer shall issue a certificate of occupancy. If it is found that the proposed work has not been properly completed, the Code Enforcement Officer shall not issue a certificate of occupancy and shall order the work to be completed in conformity with the building permit and in conformity with the applicable building regulations.
A certificate of occupancy shall be issued, where appropriate, within 30 days after written application is received.
The certificate of occupancy shall acknowledge that the work has been completed and the proposed use and occupancy are in conformity with the provisions of the applicable laws, rules and regulations and shall specify the use or uses and the extent therefor to which the building or structure or its several parts may be put to use.
Violations. It shall be unlawful for any person, firm or corporation to use or occupy any building or structure or portion thereof in violation of any provisions of the New York State Uniform Fire Prevention and Building Code, or any amendment hereafter made thereto, as well as any regulation or rule promulgated by the Village Board, or fail to comply with a notice, order or directive of the Code Enforcement Officer, or to use or occupy any building or structure or part thereof in a manner not permitted by an approved certificate of occupancy.
Provisions shall be made for:
Construction inspections where a building permit has been issued, at such time during the course of construction to permit the observation of the foundation, structural elements, and all systems of the structure, and all exit features.
Inspection where a certificate of occupancy or certificate of compliance is required, prior to its issuance.
Fire safety inspections of all areas of public assembly (as defined in 9 NYCRR 606), at least once a year.
Fire safety inspection of all multiple dwellings and all nonresidential occupancies consistent with local conditions.
Inspections in response to a bona fide complaint regarding conditions or activities allegedly failing to comply with the Uniform Code [19 NYCRR 444.3 (d)].
Inspections required by § 76-14 of this article must be performed by the Code Enforcement Officer or inspectors appointed by the Village Board to assist him. The Code Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on, or about any building. Such orders shall be served in writing to the address or responsible party of that building. The order shall set forth the time within which the condition must be corrected. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as set forth by the Board of Trustees.
A person subject to inspection under § 76-14 may be required by the Code Enforcement Officer to have such inspection performed at his own cost and expense by an inspector acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer or another certified code enforcement official or another person whose experience and training have been demonstrated to the satisfaction of the Code Enforcement Officer. Any person required by the Code Enforcement Officer to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed by the Village Board.
Any and all areas of public assembly, as defined in 9 NYCRR 606, shall be inspected at least once each calendar year, by the Code Enforcement Officer, for the purpose of determining compliance with fire safety requirements of the Uniform Code.
All common areas in buildings containing more than two dwelling units shall be inspected by the Code Enforcement Officer. These common areas shall include halls, foyers, staircases, or other such areas accessible without key. The purpose of such inspections is to determine compliance with the fire safety requirements of the Uniform Code. Inspections shall be completed at least once a year, by the Code Enforcement Officer, or more frequently if the need is such.
All other buildings, uses and occupancies shall be inspected by the Code Enforcement Officer at least once a year, or more frequently as the need dictates, for the purpose of determining compliance with the fire safety requirements of the Uniform Code.
An inspection of a building or dwelling units shall be performed at any time upon:
Provision shall be made for a system of records of the activities and of the fees charged and collected, if any.
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality, notices and orders issued. All such reports shall be public information open to public inspection during normal business hours.
The Code Enforcement Officer shall annually submit to the Board of Trustees a written report of all business conducted.
Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is proceeding without permit or is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation, or is not in conformity with any of the provisions of the application, plans, or specifications on the basis of which a permit was issued, or is being conducted in an unsafe and dangerous manner, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been rescinded.
Such stop-work order shall be in writing on a form prescribed by the Code Enforcement Officer and shall state the reasons for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Code Enforcement Officer or that of an assistant and shall be prominently displayed at the work site.
It shall be unlawful for any person, firm or corporation to construct, alter, repair, equip, use or occupy any building or structure or portion thereof in violation of any provision of the New York State Uniform Fire Prevention and Building Code, or any amendment hereafter made thereto, as well as any regulation or rule promulgated by the Village Board, or fail to comply with a notice, order or directive of the Code Enforcement Officer, or to construct, alter, repair, move or equip any building or structure or part thereof in a manner not permitted by an approved building permit.
Upon the determination by the Code Enforcement Officer that a violation of the Uniform Code or this article exists in or about any building or premises, the Code Enforcement Officer shall order, in writing, the remedying of the condition. Such order shall state the specific provisions of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by sending by mail.
Any person, firm or corporation who or which fails to comply with a written notice or order of the Code Enforcement Officer within a fixed period of time and any person, firm or corporation who or which violates any provision of the Uniform Code or any rule or regulation of this article or the terms or conditions of any lawful notice, order, directive, permit or certificate of occupancy issued by the Code Enforcement Officer shall be liable to a civil penalty of not more than $100 for each day or part thereof which such violation continues and/or subject to a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year, or both, pursuant to § 382 of the Executive Law.
The civil penalties provided for in this section shall be recoverable in an action instituted in the name of the Village Board on its own initiative or at the request of the Code Enforcement Officer.
Alternatively or in addition to an action to recover the civil penalties provided by this section, the Village Board may institute any appropriate action or proceeding to enforce any provision of the Uniform Code, this article or the terms or conditions of any building permit or certificate of occupancy issued by the Code Enforcement Officer or to prevent, restrain, enjoin, correct or abate any violation thereof.