[HISTORY: Adopted by the Town Board of the
Town of Albion as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-14-1985 by L.L. No. 2-1985]
[Amended 5-11-1992 by L.L. No. 2-1992; 8-11-2003; 5-10-2004; 5-14-2007 by L.L. No.
3-2007; 10-5-2009 by L.L. No. 9-2009]
A.
The
Town Board shall from time to time, at least annually, establish by
resolution the fee schedule for the following:
(3)
Meteorological towers.
(4)
Telecommunication towers.
(5)
Carports, sheds.
(7)
Applications to Zoning Board of Appeals.
(8)
Plan review.
(9)
Certificate of occupancy.
(10)
Temporary certificate of occupancy.
(11)
Sign permits.
(12)
Chimney, fireplaces and stoves.
(13)
Unregistered vehicle, six-month permit, renewable parking permit
(limit one per address or parcel at any one time).
(14)
Job site trailers at construction site.
(15)
Demolition permit.
(16)
Site plan review (plus cost of engineering fees and attorney fees,
if required): $50.
[Amended 10-26-2020 by L.L. No. 2-2020]
(17)
Special use permit (plus the cost of engineering fees and attorney
fees, if required; includes site plan): $100.
[Amended 10-26-2020 by L.L. No. 2-2020]
(18)
Area variances.
(19)
Use variance.
(20)
Appeal/interpretation.
(21)
Petition for zoning amendment.
(22)
Application for site plan approval (per lot).
(23)
Decks and porches.
B.
A
fee schedule is located in the Office of the Town Clerk and at the
Office of Code Enforcement for the Town of Albion.
C.
All
fees must be paid at the time of submitting an application with check
made payable to the Town of Albion.
D.
All
fees are nonrefundable.
E.
If other costs are actually incurred by the Town of Albion, said
cost will be in addition to the established fee.
[Adopted 3-10-2009 by L.L. No. 4-2009[1]]
[1]
Editor's Note: This local law was originally
adopted as Ch. 101 but was renumbered to maintain the organization
of the Code.
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 this Town. 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 section of this article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
article.
[1]
Editor's Note: Former § 58-7, Penalties
for offenses; other remedies, as amended, was superseded 3-10-2009
by L.L. No. 4-2009.
As used in this article, the following terms
shall have the meanings indicated:
- BUILDING PERMIT
- A permit issued pursuant to § 58-10 of this article. The term "building permit" shall also include a building permit that is renewed, amended or extended pursuant to any provision of this article.
- CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
- A certificate issued pursuant to § 58-13B of this article.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer appointed pursuant to § 58-9B of this article.
- CODE ENFORCEMENT PERSONNEL
- The Code Enforcement Officer and all inspectors.
- COMPLIANCE ORDER
- An order issued by the Code Enforcement Officer pursuant to § 58-21A 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 § 58-16 of this article. The term operating permit shall also include an operating permit that 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
- 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.
- STOP-WORK ORDER
- An order issued pursuant to § 58-12 of this article.
- TEMPORARY CERTIFICATE
- A certificate issued pursuant to § 58-13D of this article.
- TOWN
- The Town of Albion, Orleans County, New York.
- 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/certificates 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/certificates of compliance, temporary
certificates and operating permits and to include in building permits,
certificates of occupancy/certificates of compliance, 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/certificates
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;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the attorney of this Town, 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.
B.
The Code Enforcement Officer shall be appointed by
the Town Board of Albion. The Code Enforcement Officer shall possess
background experience related to building construction and 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 Town Board 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. To the extent possible,
this person shall be hired from the Orleans County list of temporary
eligible candidates.
D.
One or more inspectors may be appointed by the Town
Board of Albion 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 Town Board
of this Town.
A.
No person, firm, corporation, association, or other
organization shall commence the erection, construction, enlargement,
alteration, improvement, removal or demolition of any building or
structure, nor the installation of heating and cooling equipment,
solid-fuel-burning heating appliances, chimney, standby generators
or fences, or commence grading or filling over one acre without first
having applied for and obtained a permit from the Code Enforcement
Officer. All work listed, when applicable, shall be in compliance
with the New York State Building and Energy Codes as well as any Town
of Albion codes.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses, apartments);
(2)
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 aboveground;
(3)
Construction of retaining walls unless such walls
support a surcharge or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion-picture, television
and theater stage sets and scenery ("temporary" is not to exceed 30
days);
(5)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(6)
Installation of partitions or movable cases less than
five feet nine inches in height;
(7)
Painting, wallpapering, tiling, carpeting or similar
finish work;
(8)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(9)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications;
(10)
Repairs, provided that such repairs do not involve
the removal or cutting away of a load-bearing wall, partition, or
portion thereof, or of any structural beam or load-bearing component.
This is to apply to installation of replacement windows and doors
as well.
C.
Exemptions shall not be 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 any NYS building, energy or fire codes as well as any Town of Albion codes.
D.
Application 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 as well as Town of Albion codes.
The application shall include but is not limited to the following
information and documentation:
(1)
A description of the proposed work;
(2)
The full name and address of the owner and the applicant;
if either is a corporation, the names and addresses of responsible
officers;
(3)
The Tax Map number and the street address of the premises
where the work is to be performed;
(4)
The occupancy classification of any affected building
or structure;
(5)
A description of the site on which the proposed work
is to be done, including a site diagram showing setback dimensions
and any other information determined by the Code Enforcement Officer;
(6)
Approval from Orleans County Health Department as
well as any other government agencies, if applicable;
(7)
A signed copy of the Town of Albion Affidavit of Final
Cost of Construction - Application for Certificate of Occupancy/Compliance,
with the estimated cost of construction noted and any documentation
to support the amounts stated if required by the Code Enforcement
Officer;
(8)
A copy of current workers' compensation and disability
insurance for their employees or a valid affidavit form of exemption
from Workers' compensation and disability;
(10)
A signed statement granting the applicant's
permission for Code Enforcement Officer to enter the property and
structure as frequently as the Code Enforcement Officer determines
is necessary to inspect the same for compliance with NYS Building,
Energy and Fire Codes as well as Town of Albion codes. The form is
provided by the Town of Albion.
(11)
At least three sets of construction documents,
drawings and/or specifications that:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or engineer where so required by NYS 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 NYS Building, Energy and Fire Codes as well as Town of Albion
codes;
(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.
(1)
Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in § 58-10D(11) of this section. Construction documents that 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. Two sets 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 Officer. 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 commence until and unless a building permit is issued.
(2)
The applicant may request that the requirement of
all or a portion of the construction documents be waived where the
work involves minor alterations and the waiver is agreed upon by the
Code Enforcement Officer in writing.
F.
The Town of Albion reserves the right to collect any
and all fees associated with any outside firms employed by the Code
Enforcement Officer to assist in the verification of compliance with
any NYS Building, Energy and Fire Codes of any set of construction
documents submitted for approval as well as any site visits or consultations
during construction of a permitted project.
G.
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 NYS
Building, Energy and Fire Codes and any applicable Town of Albion
codes.
H.
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.
I.
Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents
that were submitted and accepted as part of the application for the
building permit. The permit holder shall immediately notify the Code
Enforcement Officer of any changes to the approved documents 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 is amended to reflect
such changes.
J.
Time limits. A building permit shall expire if one
of the following conditions exists:
(1)
The authorized work has not begun within a period
of six months;
(2)
A period of 12 months has been accumulated since the
issuance of the original building permit;
(3)
A period of six months has accumulated since a suspension
or revocation of the original building permit in the form of a stop-work
order.
K.
Revocation of a building permit. A building permit
issued pursuant to this article may be suspended or revoked if it
is determined one or more of the following conditions exist:
(1)
The work for which the permit was issued is not proceeding
in conformance with NYS Building, Energy and Fire Codes as well as
Town of Albion codes;
(2)
If the Code Enforcement Officer determines that the
building permit was issued in error because of incorrect, inaccurate,
incomplete, misrepresented or falsified information, or if such inaccurate
documents were submitted for approval prior, during or after the building
permit approval and issuance or during the construction of the permitted
project;
(3)
Any changes that occurred after the issuance of the
original building permit that do not have prior approval by the Code
Enforcement Officer.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected 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;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(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 or the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
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, Energy Code or Town of Albion codes, 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
(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.
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 that 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 § 58-21, Enforcement; penalties for offenses, of this article 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/certificates of compliance
required. 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/certificates
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:
C.
Contents of certificates of occupancy/certificates
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 issued.
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 that 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 a time limit that 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.
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.
The chief of any fire department providing fire-fighting
services for a property within this Town shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney, gas vent or electrical systems.
Unsafe structures and equipment in this Town
shall be identified and addressed in accordance with the procedures
established by local law 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 byproduct, 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 Town Board of Albion.
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 designed 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, at 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 in 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 application
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permit. 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.
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 Town at
the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures that 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.
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 Town Board 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 exist that fail to comply with the Uniform Code or Energy Code; 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.
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 § 58-21, Enforcement; penalties for offenses, of this article;
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 the
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/certificates
of compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for
public inspection during normal business hours after a FOIL has been
submitted and approved. 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 Records Retention
Law and Regulation.
A.
The Code Enforcement Officer shall annually submit to the Town Board of this Town 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 § 58-19 Recordkeeping, of this article 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 this Town, on a form prescribed
by the Secretary of State, a report of the activities of this Town
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 this Town
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Town
in connection with administration and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is
authorized to order, in writing, the remedy 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 be in writing; be dated and signed by the Code Enforcement
Officer; specify the condition or activity that violates the Uniform
Code, the Energy Code, or this article; 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; specify the period
of time which the Code Enforcement Officer deems to be reasonably
necessary for achieving compliance; direct that compliance be achieved
within the specified period of time; and state that an action proceeding
to compel compliance may be instituted if compliance is not achieved
within the specified period of time. 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/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/certificate of compliance,
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 this Town.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Town, 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/certificate of compliance, 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 this Town, 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 Town Board of this Town.
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 remedying of, the condition. Such order shall
state the specific provision of the Uniform Code that the particular
condition violates and shall grant such time as may be reasonable
and necessary for achieving compliance before proceedings to compel
compliance shall be instituted. Such order shall be served personally
or by notification by registered mail/certified mail.
F.
In addition to those penalties prescribed by state
law, any person, firm or corporation who violates any provision of
the Uniform Code, or any rule or regulation of this article, or the
terms or conditions of any certificate of occupancy issued by the
Code Enforcement Officer, 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 Town Board
on its own initiative or at the request of the Code Enforcement Officer.
G.
Alternative or in addition to an action to recover the civil penalties provided by Subsection C, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, or the terms or conditions of any certificate of occupancy issued by the Code Enforcement Officer.
A.
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by him/her,
including all applications received, plans approved, permits and certificates
issued, fees charged and collected, inspection reports, all rules
and regulations promulgated by him/her with the consent of the Town
Board, and notices and orders issued. All such records shall be public
records open for public inspection during normal business hours after
an official FOIL request has been submitted and approved. 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.
B.
The Code Enforcement Officer shall annually submit
to the Town Board a written report and summary of all business conducted
by the Building Department, including approvals, permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made, and appeals or litigation pending or concluded.
C.
The Code Enforcement Officer shall annually submit
to the Secretary of State on behalf of the Town Board on a form prescribed
by the Secretary of State a report of its activities relative to administration
and enforcement of the Uniform Code.