[Adopted 12-29-2006 by L.L. No. 8-2006[1]]
[1]
Editor's Note: This article superseded former Ch. 79, Building Construction and Fire Prevention, adopted 8-28-1995 by L.L. No. 2-1995. Former §§ 79-19, Fences, and 79-24, Demolition permits, are referenced herein and are included as an attachment to this chapter.
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 Village. 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.
As used in this article, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 79-4. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 79-7B.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 79-3B.
CODE ENFORCEMENT PERSONNEL
Shall include the Code Enforcement Officer and all inspectors.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 79-15A.
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 § 79-3D.
OPERATING PERMIT
A permit issued pursuant to § 79-10. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provisions of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Shall 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.
STOP-WORK ORDER
An order issued pursuant to § 79-6.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 79-7D.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Colonie.
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, 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, temporary certificates and operations 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, 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 § 79-15A (Compliance orders);
(7) 
To maintain records;
(8) 
To collect fees as set by the Board of Trustees of this Village;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with this Village's 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 of the Village of Colonie. 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 of the Village of Colonie 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 of the Village of Colonie 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 Mayor of the Village of Colonie.
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 (13.88 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;
(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 specification) 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 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:
(1) 
All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and
(2) 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 79-16 (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 or 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) 
Footings and foundations;
(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. 
Inspections 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 § 79-16 (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; 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.
B. 
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 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 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 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 § 79-15 (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 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.
B. 
Issuance of certificates of occupancy. The Code Enforcement Officer shall issue a certificate of occupancy 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. 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, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy:
(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. A certificate of occupancy 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 is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy 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 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 (1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) 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. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy 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.
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 79-16 (Fees) of this chapter must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate.
The chief of any fire department providing fire fighting services for a property within this 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 this Village shall be identified and addressed in accordance with the procedures as contained in Chapter 85 of the Code of the Village of Colonie.
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 Board of Trustees of the Village of Colonie.
(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 remain in effect until re-issued, renewed, revoked or suspended.
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 § 79-16 (Fees) of this chapter 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. Fire, safety 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 24 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: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) 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; 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. Notwithstanding any other provision of this section to the contrary:
(1) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwellings at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such non-residential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 79-16 (Fees) of this article 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 § 79-15 (Enforcement; penalties for offenses).
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, 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§§ 79-4 through 79-12, inclusive, of this article; 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 of the Village of Colonie 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 § 79-13 (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 this Village, on a form prescribed by the Secretary of State, a report of the activities of this 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 this Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Village in connection with administration and enforcement of the Uniform Code.
A. 
Compliance orders. 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 (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this article; (4) 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; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or 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 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 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 chapter 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 chapter 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 Village of Colonie.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of this 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 chapter 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 chapter. 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 chapter or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this 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 of the Village of Colonie.
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 § 79-6 (Stop-work orders) of this chapter, in any other section of this chapter, 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 § 79-6 (Stop-work orders) of this chapter, in any other section of this chapter, 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 local law of the Board of Trustees, Village of Colonie. 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, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this article. Such fee schedule shall be contained in § A246-2 of the Code of the Village of Colonie.
The Board of Trustees of this Village of Colonie may, by resolution, authorize the Mayor of this Village of Colonie to enter into an agreement, in the name of this 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.
For the construction of fences, see § 79-19 of the Code of the Village of Colonie.[1]
[1]
Editor's Note: The reference to "see § 79-19" is to the fence provisions incorporated as § 79-19 in Ch. 79 as adopted 8-28-1995 by L.L. No. 2-1995. The provisions of that section are included as an attachment to this chapter.
For the construction, erection, alteration or enlargement of signs, see Chapter 181 of the Code of the Village of Colonie.
See Chapter 82 of the Code of the Village of Colonie regarding building moving permits.
See § 79-24 of the Code of the Village of Colonie, New York, regarding demolition permits;[1] for demolition of unsafe buildings, see Chapter 85 of the Code of the Village of Colonie, New York.
[1]
Editor's Note: The reference to "see § 79-24" is to the demolition permit provisions incorporated as § 79-24 in Ch. 79 as adopted 8-28-1995 by L.L. No. 2-1995. The provisions of that section are included as an attachment to this chapter.
Whenever the Chief Code Enforcement Officer shall disapprove an application or refuse to grant a permit applied for under this article (except under § 79-19, Fences[1]) or Chapter 110, Electrical Standards, or when it is claimed that the provisions of this article (except for § 79-19[2]) or Chapter 110 do not apply or that the true intent and meaning of this article or Chapter 110 have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Chief Code Enforcement Officer to the Board of Trustees of the Village of Colonie, in writing, with the specifications of the grievance outlined in detail and a copy sent to the Chief Code Enforcement Officer, within 30 days from the date of the decision appealed. The issue in question may then be decided by a majority vote of said Board of Trustees. Appeals from decisions by the Chief Code Enforcement Officer in connection with his duties in connection with § 79-19,[3] Chapter 181, Signs, and Chapter 242, Zoning, shall be made to the Board of Appeals.
[1]
Editor's Note: See the provisions of § 79-19 (as adopted 8-28-1995 by L.L. No. 2-1995) included as an attachment to this chapter.
[2]
Editor's Note: See the provisions of § 79-19 (as adopted 8-28-1995 by L.L. No. 2-1995) included as an attachment to this chapter.
[3]
Editor's Note: See the provisions of § 79-19 (as adopted 8-28-1995 by L.L. No. 2-1995) included as an attachment to this chapter.
[Amended 5-20-2019 by L.L. No. 1-2019]
The Chief Code Enforcement Officer or his designated representative shall have the authority, upon a showing of proper credentials and in the discharge of his duties, to enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. The owner, agent or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Chief Code Enforcement Official, or his or her designee, in order to enable such inspection. The official charged with conducting the inspection shall be required to obtain a search warrant whenever an owner, agent or person in charge refuses to permit a warrantless inspection of the premises after having been advised that he or she has a constitutional right to refuse entry of the officials without a search warrant.
A. 
Numbers required. Any single-family or two-family residence and any multiple-family residence and any nonresidential establishment, whether public, nonprofit or private, to which a separate street address number has been assigned shall display this number in reflectorized numbers (and, if necessary, capital letters) at least three (3) inches high. The numbers shall be located either on or immediately adjoining the main entrance door or on a mailbox located close to the curb. Numbers shall be so located that they are clearly visible from the street or nearest path of vehicular access. Where any other chapter of this Code requires larger numbers, that requirement shall govern.
B. 
Deadline for installation. House numbers meeting the specifications of this section must be displayed no later than six (6) months after adoption of this section.
A. 
Legislative intent. In order to facilitate the location of buildings along the various roads and highways by police, fire, ambulance and other public safety agencies, and to facilitate the reporting of emergencies and dispatching of emergency vehicles and personnel under Albany County's 911 system, the Village Board does hereby deem the enumeration of all buildings to be significant to the health, safety and welfare of the people in the Village of Colonie. In order to further this purpose and effectuate the efficient and accurate enumeration of buildings, the Village Board hereby enacts this section.
B. 
Definitions; word usage.
(1) 
As used in this section, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
Any structure located on the same lot as the building.
BUILDING
The principal building or buildings on each lot, and shall not be deemed to include any accessory building.
ENFORCEMENT OFFICER
The Building Department or such other officer as the Village Board may designate from time to time to enforce this section.
FIGURE/NUMBER
The number, numbers or lettering which identifies the number assigned to a building by the Village.
STRUCTURE
An assembly of materials, excluding paved surfaces, forming a construction framed of component structural parts and installed on, above or below the surface of land or water.
(2) 
As the context may require, the singular shall include the plural, and the plural shall include the singular.
C. 
Enumeration required. All buildings in the Village of Colonie existing and those hereafter constructed shall have displayed, either upon said building or at the driveway entrance thereto, a number uniquely identifying said building's location on any given road or highway.
D. 
Assignment of numbers. Prior to January 1, 2003, the Village of Colonie shall notify all property owners of the numbers assigned to any building already existing. The Village will assign a number to any new building after the issuance of a building permit and prior to the issuance of a certificate of occupancy. Any certificate of occupancy issued after the effective date of this section shall have written upon its face the building number and street name upon which it is located.
E. 
Size and display of numbers.
(1) 
The figure comprising the number to be displayed on a building shall be at least four inches in height and shall be placed on the front of said building or at the driveway entrance thereto in a prominent and conspicuous place and in such manner as to be plainly legible from the center of the street at all times between sunrise and sunset. The color of said figures shall be in sharp contrast to the color of their background; provided, however, that, so far as the purpose or intent of this article is concerned, the front of a building shall be construed as that side of the building which faces the street on which the number of such building or premises has been allotted and that the number shall be displayed on such side of such building or premises.
(2) 
The number shall be so placed so that trees, shrubbery, porches or other extensions of the building will not obstruct it.
(3) 
Unless placed at the driveway entrance, said number shall be placed near some light or source of illumination, whenever practicable, so that it may be readily seen at night.
(4) 
Where the building upon which the number is to be displaced is more than 75 feet from the edge of the right-of-way, whether improved or not, of the street or road serving the building, the number shall, in addition to the other requirements of this section, be displayed on a sign readily visible from the road or street and in no event further back than 20 feet from said road or street right-of-way.
F. 
Display of other numbers prohibited. The Village, in conformity with a uniform 9-1-1 numbering system, shall assign each separate building or dwelling a building number. The display of any house number other than the number assigned by the Assessor is expressly prohibited.
G. 
Time to comply. All existing structures in the Village shall be required to display the assigned number in the manner required by this section. Any structures for which a certificate of occupancy is issued after the effective date of this section will be required to be in compliance with the provisions herein upon issuance of the certificate of occupancy.
H. 
Enforcement. This section shall be enforced by the Building Department, or by such other officer as the Village Board may designate from time to time.
I. 
Notice; numbering by Village; penalties for violations.
(1) 
Any property owner found not to be in compliance with any provision herein shall be given a five-day written notice to remedy said violation.
(2) 
Any person or persons, associations or corporations committing an offense against this section or any subsection or provision thereof is guilty of a violation and shall, upon convection thereof, be subject to a fine not exceeding $250.
(3) 
In the event of a continuing offense of any subsection or provision of the section, each week that such offense shall continue shall be a separate violation and subject to a separate fine.
(4) 
In lieu of or in addition to any fine imposed for a conviction of an offense of this section, each such offense may be subject to a civil penalty not to exceed $250, to be recovered in an action or proceeding in a court of competent jurisdiction. Each week an offense continues shall be subject to a separate civil penalty.
(5) 
In the event that any property owner fails to properly number a building as required by this section, after notice to cause said building to be properly numbered has been served upon such property owner, the Enforcement Officer may cause said building to be properly numbered. The cost of numbering such building shall be assessed upon such premises, and the Village of Colonie shall include such cost on the next tax roll against said premises.
(6) 
The Village Attorney may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this section, notwithstanding the provisions of this subsection, for a penalty or other punishment.