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.
(D) 
Tampering and removal. It shall be unlawful for a person to mutilate, destroy, tamper with or remove a notice of violation, which has been posted or affixed at a premise without authorization from the fire code official.[1]
[1]
Editor’s Note: Former § 111-108, Placards, which immediately followed, was repealed 5-9-2017 by L.L. No. 14-2017. This local law also redesignated former §§ 111-109 through 111-111 as §§ 111-113 through 111-115, respectively.
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.
[Amended 1-14-2015 by L.L. No. 3-2015; 5-9-2017 by L.L. No. 14-2017[1]]
(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.
[1]
Editor’s Note: This local law also redesignated former § 111-112, which immediately followed this section, as § 111-125.
[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.