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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
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.
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 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.
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; for demolition of unsafe buildings, see Chapter
85 of the Code of the Village of Colonie, New York.
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) or Chapter
110, Electrical Standards, or when it is claimed that the provisions of this article (except for §
79-19) 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, Chapter
181, Signs, and Chapter
242, Zoning, shall be made to the Board of Appeals.
[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.