When the fire code official finds that a building, structure,
premise, installation, equipment, process, storage facility, or outdoor
area is in violation of this chapter or of the Fire Code New York
State, or that a dangerous or hazardous condition exists he may, at
his discretion, prepare a written notice of violation describing the
violation or the unsafe and hazardous condition.
(A)
Contents. The notice of violation shall identify the violation or
offense and may, without limitation, require the abatement, remediation
or restoration of the building, structure, installation, equipment,
or property within the period identified in the notice.
(B)
Service. A notice of violation shall be served upon the property
owner, operator, occupant, person in charge of the property, or other
person responsible for the condition or violation, by personal delivery,
or mailed to the last known address, or by delivering the same to
and leaving it with a person of suitable age and discretion at the
premise. For unattended or abandoned locations, a copy of such notice
of violation shall be posted on the premises in a conspicuous place
at or near the entrance to such premises or building and mailed by
certified mail return receipt requested to the last known address
of the owner or person in charge of the property as shown on the latest
tax rolls of the Huntington Tax Assessor.
(C)
Extension of time. Upon good cause shown to the satisfaction of the
fire code official, the period of compliance may be extended where
remedial measures have been started and the delay is not under the
control of or due to the actions of the person to whom the notice
has been issued.
Whenever the fire code official finds any work is performed
in a manner contrary to the provisions of the state or local fire
code, or other law, or in a dangerous or unsafe manner, the fire code
official is authorized to issue a stop work order with a notice of
violation.
(A)
Contents and service. A stop-work order shall be in writing and shall
state the conditions under which the work may be resumed. The stop
work order shall be served upon the permit holder, or property owner
or his agent, or the operator, occupant, or person in charge of the
property, or other person responsible for the work, condition or violation
by personal delivery, or by certified mail return receipt requested
and addressed to the last known address. In all instances the stop
work order shall be posted in a conspicuous place on the property,
building, structure, or equipment that is the subject of the notice,
as access permits.
(B)
Upon the issuance of a stop-work order, all activities shall be immediately
suspended until the stop work order is rescinded. Notwithstanding
the issuance of a stop-work order, the fire code official may, in
their sole discretion, permit any part of the work to continue if,
in their judgment, it is necessary to protect the health and safety
of persons; or to preserve and safeguard the premises or any portion
of the building or structures located therein.
(C)
Cessation of work. It shall be unlawful and a violation of this section
for any person to perform any work or other activity in violation
of a stop-work order issued by the Town; or to deviate in any way
from the work or activity permitted by the Town pending resolution
of the violation or stop-work order; or to disobey a lawful order
of the Town. In addition to any other penalty provided for herein,
the Director of Engineering Services may revoke any construction permit
that has been issued.
(D)
Tampering. It shall be unlawful for a person to mutilate, destroy,
tamper with or remove a stop-work order posted or affixed upon a premise,
building, structure, or equipment without authorization from the fire
code official.
[Amended 7-21-2020 by L.L. No. 20-2020]
Nothing in this chapter shall be construed to limit or abridge
the right of a fire code official to issue a summons or appearance
ticket for a violation of this chapter, the Fire Code of New York
State, or other law in lieu of a notice of violation, with or without
a stop work order or placard.
(A)
If, in the judgment of the fire code official, an emergency exists as when there is imminent danger of failure or collapse of a structure, building, installation, system or equipment which endangers life; or where there is actual or potential danger to the occupants of or to those in the proximity of any structure, building, installation, system or equipment because of the existence of explosive fumes or vapors, or the presence of toxic fumes, gases or materials, or due to the operation of defective or dangerous equipment; or other imminent danger, condition or peril which is or may become imminently dangerous or unsafe for human habitation or occupancy, he may issue a verbal order to the owner, his agent, occupant, operator, or person-in-charge of the property to remedy or abate the dangerous, unsafe or hazardous condition to the satisfaction of the fire code official within the period specified by the official; he may immediately placard the structure, building, system, installation or equipment; order the occupants off the property if the fire code official deems necessary, and order the owner, his agent, operator, occupant, or person-in-charge of the property to barricade any portion thereof to prevent re-entry until the dangerous or unsafe condition is remedied to the satisfaction of the Town, if necessary. In such event, the fire code official shall, within 48 hours, serve written notice upon the owner, his agent, operator or person-in-charge of the property, or person having a vested or contingent interest in the property, and any known mortgagees and/or lienholders, and the occupants if still residing at the site, that the building, structure or equipment has been placarded, and the additional information set forth in § 111-116(A) of this chapter, including the right of the recipient to appeal the determination of the fire code official. Said notice shall be served as set forth in § 111-116(C), and shall include service on the occupant(s) if not previously removed from the premises. The notice shall become a final order in the event of a default pursuant to the provisions of § 111-118.
(B)
Placement of placard. Whenever any portion of a premise, building,
structure, dwelling unit, equipment, or installation has been condemned,
a placard shall be posted in a conspicuous place in or about the structure,
building or unit, and if the placard pertains to equipment, it shall
also be posted on the condemned equipment, as access permits.
[Added 5-9-2017 by L.L.
No. 14-2017]
(A)
The notice shall contain the following:
(1)
A description of the property.
(2)
A description of the unsafe or hazardous condition, or the reason
the structure is in violation of the chapter.
(3)
A description of the remedial action which, if taken, will effectuate
compliance with the notice.
(4)
A statement that the remediation or abatement must commence
immediately upon receipt of the notice and completed within a specified
date.
(5)
A statement as to whether the occupants have been or should
be removed, and whether the entrances to the structure, installation
or equipment should be barricaded to prevent re-entry by a specified
date.
(6)
A statement that the recipient of the notice has the right to
appeal the determination of the fire code official by filing a written
request for an appeal to the Huntington Fire Marshal's Office within
twenty (20) days of receipt of such notice. The notice shall further
state that all such appeals shall be accompanied by an administrative
fee of one hundred and fifty ($150) dollars, a statement setting forth
the objections to the findings on the notice, and copies of such documents
the appellant deems relevant or necessary to the controversy.
(7)
A statement that in the event of the failure or refusal of the person to whom the notice is issued to remedy the condition, or, if applicable, barricade the entrances by the date on the notice or approved date of extension, or to file an appeal within twenty (20) days of receipt of such notice, then in such event the notice shall automatically become a final order, and the Town may remove the occupants if not previously removed, barricade the entrances to prevent re-entry, and/or remedy all or part of the defective, dangerous, unsanitary, or unsafe condition, and charge all the direct and indirect costs of placarding, vacating and barricading the premises, remedying the conditions, and disposing of the materials against the property if not paid within the time specified in accordance with the provisions of § 111-119.
(B)
Amendment, modification or withdrawal of notice. The fire code official
may amend, modify or withdraw any notice issued if, in his or her
judgment, the circumstances warrant such action provided the amended
or modified notice is clearly marked as such and is served as provided
in (C) herein within five (5) business days of service of the original
notice, and a hearing has not occurred. A notice may be withdrawn
at any time for good cause.
(C)
Service of the notice. The notice shall be served either personally
in accordance with the CPLR, or by registered or certified mail, return
receipt requested, and by regular mail, and addressed to the property
owner at the last address shown on the most current assessment roll
of the Town Assessor or records maintained by the Receiver of Taxes,
or to the owner's agent, operator or person-in-charge of the property
at the last known address, or person having a vested or contingent
interest in the property and any known mortgagees and/or lienholders
as shown on the most current assessment roll of the Town Assessor
or records maintained by the Receiver of Taxes, and to the occupant,
if not removed from the property, by mailing the notice to the property
address. If service is made by regular mail and by registered or certified
mail, a copy of the notice shall be securely affixed in a conspicuous
place upon the building, structure, installation, system or equipment
as access permits. If the mailing is returned for any reason, service
shall be valid if mailed to the addresses set forth herein, as long
as the notice has also been posted on the property.
[Added 5-9-2017 by L.L.
No. 14-2017]
If one is requested, an appeal hearing may be held by the Huntington
Town Board or a duly appointed Administrative Hearing Officer, at
the option of the Town. Hearings may be adjourned only upon good cause
shown.
(A)
Town Board Action. The Town Board may consider the findings of the
fire code official and evidence produced by the appellant, and accept
or reject, in whole or in part, the findings and recommendations of
the fire code official with or without conditions as it deems advisable.
The Town Board shall render its findings and determination no later
than the next regularly scheduled Town Board meeting following the
hearing and may make a determination on the same day as the hearing.
Upon a finding that the building, structure, installation, system
or equipment is or may become dangerous or unsafe for human habitation
or occupancy, or is a hazard to the public safety or to property,
the Town Board may direct the owner, his agent, or the operator, the
occupant(s) or person-in-charge of the property, or any person having
a vested or contingent interest in the property to vacate the occupants
from the building if the building is still occupied, and barricade
the entrances to prevent re-entry within the time specified by the
Board until the hazardous or unsafe condition is rectified as directed,
and upon the failure, neglect or refusal of such person(s) to comply,
the Board may authorize the fire code official or other town agency
or department to vacate the occupants from the premises and barricade
the entrances to prevent re-entry, and may, in addition, authorize
the town to remedy the dangerous, unsanitary, or unsafe condition
at the owner's own cost and expense. The town shall charge all costs
incurred by the Town as set forth in this chapter. A copy of the Town
Board resolution shall be mailed by the Town Attorney to the person(s)
named in the original notice, or their attorney(s), if known, by regular
mail and by registered or certified mail, return receipt requested.
The decision of the Town Board shall be filed with the Huntington
Town Clerk and shall be final.
(B)
Administrative Hearing Officer. On the appeal, the Hearing Officer
shall consider the evidence and submit his or her written determination
accepting or rejecting, in whole or in part, the findings of the fire
code official, with or without conditions, as he or she deems advisable.
A copy of the Hearing Officer's determination shall be filed with
the Town Clerk and mailed to the person(s) named in the original notice,
or their attorney(s), if known, by regular mail and by registered
or certified mail, return receipt requested. The determination of
the Hearing Officer shall be final as to the Town. Upon a finding
that the building, structure, installation, system or equipment is
or may become dangerous or unsafe for human habitation or occupancy,
or is a hazard to the public safety or to property, the Hearing Officer
may direct the owner, his agent, or the operator of the property,
or the occupant(s) or person-in-charge of the property, or any person
having a vested or contingent interest in the property to vacate the
occupants from the building, if the building is still occupied, and
barricade the entrances to prevent re-entry within the time specified
by the Hearing Officer until the hazardous or unsafe condition is
rectified as directed, and upon the failure, neglect or refusal of
such person(s) to comply, the Hearing Officer may authorize the fire
code official or other town agency or department to vacate the occupants
from the premises and barricade the entrances to prevent re-entry,
and may, in addition, authorize the town to remedy the dangerous,
unsanitary, or unsafe condition at the owner's own cost and expense.
The town shall charge all costs incurred by the Town as set forth
in this chapter.
(C)
Conduct of hearings. At the appeal hearing, the person to whom a
notice has been issued shall be entitled to be represented by legal
counsel and provided with an opportunity to be heard. He may present
the testimony of witnesses, experts and other evidence in his own
behalf as he deems necessary and relevant to the subject matter of
the hearing. All hearings shall be recorded.
[Added 5-9-2017 by L.L.
No. 14-2017]
(A)
Grounds for a default. The notice shall automatically become a final
order if there is no compliance or compliance has not been achieved
to the satisfaction of the fire code official, or if there has been
no request for an appeal within the period specified, or, if having
requested an appeal, there has been no appearance at the hearing by
the person who had requested the appeal. The resulting order shall
be served in the same manner as the original notice.
(B)
Authority of the Town. In the event of a default as set forth in (A) above, the Town is authorized to take such action as set forth in § 111-116(A)(7).
[Added 5-9-2017 by L.L.
No. 14-2017]
(A)
The costs incurred by the Town shall be certified by the director
of each town department providing services and the Town Attorney shall
mail written notice of such costs by both regular mail and certified
or registered mail, return receipt requested, to the owner, his agent,
or operator of the property, or occupant, or person-in-charge of the
property, or person having a vested or contingent interest in the
property and any known mortgagees and/or lienholders by mailing to
the last known address, or to the last address shown on the most current
assessment roll maintained by the Town Assessor or to the property
address, as the case may be. The notice shall state that upon the
failure to pay the amount certified within ten (10) days of receipt
of the notice by cash, money order, or certified or bank check the
amount will be added to the tax bill or other action will be taken
without further notice. Nothing contained herein shall be construed
to limit the Town's remedies or bar the commencement of an action
to collect the debt in lieu of a tax lien.
(B)
Tax lien. In the event the debt is not paid within the ten (10) day
period, or if the mailing is returned by the Post Office because of
the inability to make delivery for any reason, as long as the notice
was properly addressed as set forth above, such certification of costs
shall be provided to the Tax Receiver who shall cause the costs as
shown thereon to be charged against such lands without further notice.
The amount so charged shall forthwith become a lien against such lands
and shall be added to and become part of the taxes next to be assessed
and levied upon such lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officer(s)
and in the same manner as taxes.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
Except as otherwise provided in this chapter, any person who violates
or permits another to violate a provision of this Chapter or of the
Fire Code of New York State shall be deemed to have committed an offense
and shall, upon conviction thereof, be subject to a fine and/or imprisonment
as follows:
(1)
On a first conviction thereof, a fine of not less than five
hundred ($500) dollars and not more than two thousand ($2,000) dollars.
[Amended 9-14-2021 by L.L. No. 50-2021]
(2)
Upon a second conviction for an offense committed within five
(5) years of the first offense, a fine of not less than one thousand
($1,000) dollars and not more than ten thousand ($10,000).
[Amended 9-14-2021 by L.L. No. 50-2021]
(3)
Upon a third or subsequent conviction for an offense committed
within five (5) years of the first offense, shall be guilty of a misdemeanor
punishable by a fine of not less than one thousand five hundred ($1,500)
dollars and not more than fifteen thousand ($15,000) dollars or by
imprisonment not exceeding six (6) months, or by both such fine and
imprisonment.
[Amended 9-14-2021 by L.L. No. 50-2021]
(4)
For any offense based on a violation of the provisions of § 111-92(B) there shall be a fine of not less than one hundred ($100) dollars and not more than two hundred fifty ($250) dollars. For any offense based on a violation of the provisions of § 111-92(A) there shall be a fine of not less than one thousand ($1,000) dollars and not more than two thousand five hundred ($2,500) dollars.
(5)
Each day, or part thereof, that a violation continues shall
constitute a separate and distinct offense, punishable in like manner.
Written notice of a violation is not a prerequisite for the imposition
of such fine and/or punishment unless the subject of a prosecution
is the noncompliance with such notice.
(B)
Any person who violates the provisions of § 111-73(C) shall, upon conviction, be guilty of a misdemeanor and subject to a fine of a minimum of one thousand ($1,000) dollars and a maximum of two thousand five hundred ($2,500) dollars, or to imprisonment not exceeding six (6) months, or to both such fine and imprisonment.
(C)
Any person found by the Bureau of Administrative Adjudication to
have violated this Chapter shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized in subdivisions
(A) and (B) for the respective violations referenced therein for a
first offense, subsequent offenses and continuing offenses.
[Amended 9-14-2021 by L.L. No. 50-2021]
(D)
In addition to the penalties set forth herein or in other applicable
law, rule or regulation, the Town Attorney is authorized to pursue
civil and equitable relief in the name of the Town in a court of competent
jurisdiction, including but not limited to compensatory actions; civil
penalties in the amount of up to five hundred ($500) dollars per day,
or any part thereof; an action to compel compliance with or to restrain
by injunction the violation of this chapter; and other remedies which
in the opinion of the Town Attorney may seem necessary and proper.
