Town of Albion, NY Fire Prevention and Building Construction

Editor’s Note: Former §§ 58-1 through 58-5 were superseded 3-10-2009 by L.L. No. 4-2009. See now Art. II, Uniform Fire Prevention and Building Code Administration and Enforcement.

§ 58-6 Fee schedule.

[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]

The Town Board shall from time to time, at least annually, establish by resolution the fee schedule for the following:

(1)

Building fee schedule.

(a)

Residential new construction;

(b)

Commercial;

(c)

Additions/alterations; and

(d)

Agricultural building.

Subdivision.

Minor;

Major.

Meteorological towers.

(4)

Telecommunication towers.

Carports, sheds.

Swimming pools.

Aboveground;

In-ground;

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, if required).

(17)

Special use permit (plus cost of engineering, if required, includes site plan).

(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.

A fee schedule is located in the Office of the Town Clerk and at the Office of Code Enforcement for the Town of Albion.

All fees must be paid at the time of submitting an application with check made payable to the Town of Albion.

All fees are nonrefundable.

If other costs are actually incurred by the Town of Albion, said cost will be in addition to the established fee.

Article II Uniform Fire Prevention and Building Code Administration and Enforcement

[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.

§ 58-7 Purpose; intent. [1]

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.

§ 58-8 Definitions.

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.

INSPECTOR: An inspector appointed pursuant to § 58-9D of this article.

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.

§ 58-9 Code Enforcement Officer; Inspectors.

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;

(6)

To issue orders pursuant to § 58-21A, Compliance orders, of this article;

(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.

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.

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.

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.

The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Town Board of this Town.

§ 58-10 Building permits.

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.

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.

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.

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;

(9)

The fee specified by the Town of Albion Permit Fee Schedule;[1]

[1]

Editor's Note: See § 58-6, Fee schedule; for fees not listed in § 58-6, consult the Town.

(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.

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.

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.

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.

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.

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.

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.

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.

§ 58-11 Construction inspections.

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.

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.

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.

Fee. The fee specified in or determined in accordance with the provisions set forth in this article[1] must be paid prior to or at the time of each inspection performed pursuant to this section.

[1]

Editor's Note: See § 58-6, Fee schedule; for fees not listed in § 58-6, consult the Town.

§ 58-12 Stop-work orders.

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.

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

(1)

Be in writing;

(2)

Be dated and signed by the Code Enforcement Officer;

(3)

State the reason or reasons for issuance; and

(4)

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

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.

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.

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.

§ 58-13 Certificates of occupancy/certificates of compliance.

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.

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:

(1)

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

(2)

Flood hazard certifications.

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.

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.

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.

Fees of this article must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.[1]

[1]

Editor's Note: See § 58-6, Fee schedule; for fees not listed in § 58-6, consult the Town.

§ 58-14 Notification regarding fire or explosion.

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.

§ 58-15 Unsafe buildings and structures.

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.

§ 58-16 Operating permits.

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.

(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.

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.

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.

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.

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.

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.

Fee. The fee specified in or determined in accordance with the provisions set forth in this article[1] must be paid at the time an application is submitted to the Code Enforcement Officer for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

[1]

Editor's Note: See § 58-6, Fee schedule; for fees not listed in § 58-6, consult the Town.

§ 58-17 Firesafety and property maintenance inspections.

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.

(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 preformed at least once every 36 months.

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.

Fee. The fee specified in or determined in accordance with the provisions set forth in this article[1] must be paid prior to or at the time each inspection is performed pursuant to this section.

[1]

Editor's Note: See § 58-6, Fee schedule; for fees not listed in § 58-6, consult the Town.

§ 58-18 Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, 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:

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

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;

If appropriate, issuing a stop-work order;

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.

§ 58-19 Recordkeeping.

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;

(8)

All other features and activities specified in or contemplated by §§ 58-10 through 58-18, inclusive of this article; and

(9)

All fees charged and collected.

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.

§ 58-20 Program review and reporting.

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.

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.

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.

§ 58-21 Enforcement; penalties for offenses.

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.

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

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.

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.

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.

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.

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.

§ 58-22 Department records and reports.

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.

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.

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.