[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-14-2009 by L.L. No. 27-2009]
This article 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 the Village of Amityville. This article is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
sections of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
article.
As used in this article, the following terms shall have the
meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
49-4. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
49-10. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Include 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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A. The
office of Code Enforcement Officer is hereby created. The Code Enforcement
Officer shall administer and enforce all the provisions of the Uniform
Code, the Energy Code and this article. 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/certificate of compliance, 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/certificate of compliance, 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/certificate of compliance,
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 article;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to Subsection
A of §
49-15, Enforcement; penalties for offenses;
(8) To collect fees as set by the Board of Trustees;
(9) To pursue administrative enforcement actions and proceedings;
(10) In consultation with the Village Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this article, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this article;
and
(11) To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B. The
Code Enforcement Officer shall be appointed by the Mayor subject to
the approval of the Board of Trustees. 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 Mayor
subject to the approval of the Board of Trustees to serve as Acting
Code Enforcement Officer. The Acting Code Enforcement Officer shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the Code Enforcement Officer by
this article.
D. One
or more inspectors may be appointed by the Mayor subject to the approval
of the Board of Trustees 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 article. 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.
A. Building permits required. Except as otherwise provided in Subsection
B of this section, a 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 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. 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 does not exceed 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, provided that a fence permit is required pursuant to §
183-139 of this Code;
[Amended 1-24-2011 by L.L. No. 1-2011]
(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 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 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; 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 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 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.
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 within 12 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.
Upon notice from the Code Enforcement Officer, the person to whom
the permit was issued shall promptly remove or demolish the construction,
fill in the excavation, and restore the premises to its original condition.
K. Fee. The fee specified in or determined in accordance with the provisions set forth in §
49-16, Fees, must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
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;
(3) Preparation for concrete slab;
(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 or 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.
D. Fee. The fee specified in or determined in accordance with the provisions set forth in §
49-16, Fees, must be paid prior to or at the time of each inspection performed pursuant to this section.
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 or 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;
(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/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 mail/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 §
49-15, Enforcement; penalties for offenses, 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/certificate of compliance. A certificate of occupancy/certificate
of compliance 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/certificate of compliance.
B. Issuance
of certificates of occupancy/certificate of compliance. The Code Enforcement
Officer shall issue a certificate of occupancy/certificate of compliance
if the work which was the subject of the building permit was completed
in accordance with all applicable provisions of the Uniform Code and
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 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/certificate of compliance. 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/certificate
of compliance, shall be provided to the Code Enforcement Officer prior
to the issuance of the certificate of occupancy/certificate of compliance:
(1) A written statement of structural observations and/or a final report
of special inspections; and
(2) Flood hazard certifications.
C. Contents
of certificates of occupancy/certificate of compliance. A certificate
of occupancy/certificate of compliance shall contain the following
information:
(1) The 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/certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy/certificate of
compliance 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/certificate of compliance 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. Certificate
of occupancy for preexisting buildings.
(1) Upon written request from the owner, the Code Enforcement Officer
shall issue a certificate of occupancy for any building or premises
existing on the fourth day of August 1930, certifying, after inspection
and investigation, the extent and kind of use made of the building
or premises, including the number of employees and whether such use
conforms to the provisions of the Code.
(2) The Uniform Code shall apply to any premises changed in use or a
building built, enlarged or changed in use after August 4, 1930, except
that an existing building may be rebuilt for continuance of a use
which is the same as or similar to that which preexisted, without
regard to the provisions of this article.
F. Revocation
or suspension of certificates. If the Code Enforcement Officer determines
that a certificate of occupancy/certificate of compliance 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.
G. Fee. The fee specified in or determined in accordance with the provisions set forth in §
49-16, Fees, must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.
The chief of any fire department providing fire-fighting services
for a property within the Village 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 shall be identified and addressed in accordance with the procedures established by Chapter
51 of the Code, as now in effect or as hereafter amended from time to time.
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 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;
(b)
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;
(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.
(2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection
A shall be required to obtain an operating permit prior to commencing such activity or operation.
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.
F. 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.
G. Fee. The fee specified in or determined in accordance with the provisions set forth in §
49-16, Fees, 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.
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.
(3) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection
A(1) or
(2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection
A(1) or
(2), shall be performed at least once every 36 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 article 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.
D. Fee. The fee specified in or determined in accordance with the provisions set forth in §
49-16 must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
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 article,
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 §
49-15;
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/certificate of compliance,
temporary certificates, stop-work orders, and operating permits issued;
(4) All inspections and tests performed;
(5) All statements and reports issued;
(7) All investigations conducted;
(8) All other features and activities specified in or contemplated by §§
49-4 through
49-12, inclusive; 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 Board of Trustees 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 section §
49-13, Recordkeeping, 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 the Village, on a form prescribed by the Secretary
of State, a report of the activities of the 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 the Village is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Village in connection
with administration and enforcement of the Uniform Code.
A. Compliance orders.
(1) 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 article. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
The compliance order shall:
(b) Be dated and signed by the Code Enforcement Officer;
(c) Specify the condition or activity that violates the Uniform Code,
the Energy Code, or this article;
(d) Specify the provision or provisions of the Uniform Code, the Energy
Code, or this article which is/are violated by the specified condition
or activity;
(e) Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(f) Direct that compliance be achieved within the specified period of
time; and
(g) State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
(2) 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 registered mail/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/certified
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 article, 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 article, 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 the Village.
D. Injunctive relief. An action or proceeding may be instituted in the
name of the 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 article,
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 article. 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 article or any stop-work order, compliance order
or other order obtained under the Uniform Code, the Energy Code or
this article, an action or proceeding may be commenced in the name
of the 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.
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 §
49-6 (stop-work orders), in any other section of this article, 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 §
49-6, Stop-work orders, in any other section of this article, 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 Board
of Trustees. 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/certificate of compliance, temporary certificates,
operating permits, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this article.
The Board of Trustees may, by resolution, authorize the Mayor
to enter into an agreement, in the name of the Village, with other
governments to carry out the terms of this article, 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.
If any section of this article shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
article.
No officer or employee of the Code Enforcement Department shall
engage in any activity inconsistent with his duties or with the interests
of said Department, nor shall be, during the term of his employment,
engaged directly or indirectly in any building business, in the furnishing
of labor, materials or appliances for the construction, alteration
or maintenance of a building or the preparation of plans or specifications
thereof within the Village, provided that this provision shall not
prohibit any employee from such activities in connection with the
construction of a building or structure owned by him, and provided
further that the Board of Trustees may waive this restriction with
appropriate conditions upon good cause shown by such officer or employee.
No existing building or part thereof shall be demolished or
removed unless a permit shall first be obtained from the Code Enforcement
Officer. The issuance of such permit shall be conditioned upon payment
of the requisite fee and such other conditions as are deemed necessary
to protect the health, safety and welfare of the residents of the
Village.
No building or any other structure shall be moved upon or across
any street or sidewalk within the Village unless a permit shall be
first obtained from the Code Enforcement Officer. No such permit shall
be granted except upon the application of the owner of such structure
stating the route intended to be pursued and the size of the structure,
and such permit, if granted, shall be under such restrictions and
conditions as the Code Enforcement Officer may deem proper.