[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.
A.
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.
B.
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.
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.
B.
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.
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.[1]
B.
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.
C.
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:
(1)
Name and address of the owner.
(2)
Identification and/or description of the land on which
the work is to be done.
(3)
Description of use or occupancy of the land and existing
or proposed building.
(4)
Description of the proposed work.
(5)
Estimated cost of the proposed work.
(6)
A statement that the work shall be performed in compliance
with the Uniform Code and applicable state and local laws, ordinances
and regulations.
(7)
Required fees.
D.
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.
E.
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.
F.
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.
G.
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).
A.
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.
B.
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.
C.
No change shall be made in the occupancy of an existing
building unless a certificate of occupancy authorizing such change
shall have been issued.
D.
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.
E.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after written application is received.
F.
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.
G.
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:
A.
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.
B.
Inspection where a certificate of occupancy or certificate
of compliance is required, prior to its issuance.
C.
Fire safety inspections of all areas of public assembly
(as defined in 9 NYCRR 606), at least once a year.
D.
Fire safety inspection of all multiple dwellings and
all nonresidential occupancies consistent with local conditions.
E.
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)].
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
An inspection of a building or dwelling units shall
be performed at any time upon:
A.
Provision shall be made for a system of records of
the activities and of the fees charged and collected, if any.
B.
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.
C.
The Code Enforcement Officer shall annually submit
to the Board of Trustees a written report of all business conducted.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.[2]
