In this chapter, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Village of Monroe stating that work
was done in compliance with approved construction documents and the
codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Village of Monroe certifying that
the building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to, and approved by
the Village of Monroe and indicating that the building or structure,
or portion thereof, is in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
80-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes 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.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
A. Issuance of certificates of occupancy and certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that 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 or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1) A written statement of structural observations and/or a final report
of special inspections,
(2) Flood hazard certifications,
(3) A written statement of the results of tests performed to show compliance
with the Energy Code, and
(4) Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
B. Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1) The building permit number, if any;
(2) The date of issuance of the building permit, if any;
(3) The name (if any), address and tax map number of the property;
(4) If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5) The use and occupancy classification of the structure;
(6) The type of construction of the structure;
(7) The occupant load of the assembly areas in the structure, if any;
(8) Any special conditions imposed in connection with the issuance of
the building permit; and
(9) The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
C. Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy 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 of occupancy unless the Code Enforcement Officer
determines (1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely, (2) that any required fire and life safety components, such
as fire protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational, and (3) that
all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of not to exceed six months, which
shall be determined by the Code Enforcement Officer and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, 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.
D. Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, Certification
of Compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect 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.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
80-18 (Fees) of this chapter must be paid at the time of submission of an application for a certificate of occupancy, certificate of compliance, or for temporary certificate of occupancy.
The chief of any fire department providing firefighting services
for a property within the Village of Monroe shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of
imminent danger in the Village of Monroe shall be identified and addressed
in accordance with the procedures established by Local Law Number
3 of 1999, as now in effect or as hereafter amended from time to time.
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 chapter,
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 §
80-17 (Violations) of this chapter;
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 resolution of the Board
of Trustees of the Village of Monroe. 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, certificates
of compliance, temporary certificates, operating permits, fire safety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this chapter.
The Board of Trustees of the Village of Monroe may, by resolution,
authorize Mayor of the Village of Monroe to enter into an agreement,
in the name of the Village of Monroe with other governments to carry
out the terms of this chapter, 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.
In the event of conflict between the terms and provisions of
this chapter and any other chapter contained in the Village of Monroe
Code, the more restrictive terms and provisions shall control.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
section 27 of the Municipal Home Rule Law.
[Added 3-7-2023 by L.L.
No. 3-2023]
A. The Board of Trustees finds and determines that structures and buildings located within the Village of Monroe Historic District (identified as 98NR01380), and all structures and buildings listed or eligible for listing on the State of New York Historic Register and/or the National Historic Register, whether located in the Historic District or not, are currently unprotected by local laws intended to preserve their historic character and, thus, are vulnerable to irreparable loss through insensitive modification which threatens the historic character or through complete destruction. Therefore, for a period of six months following the date of adoption of this section, the Board of Trustees hereby imposes a suspension on all permits issued pursuant to Chapter
80 of the Village of Monroe Code for whole or partial modification to or demolition of any and all structures or buildings located within the Historic District or identified as National Register, State Register, or eligible for listing on the National Register or State Register of Historic Places, on the Cultural Resource Information System (CRIS) published by the New York State Office of Parks, Recreation and Historic Preservation (SHPO). A copy of the Historic District and CRIS listing is appended to this chapter. However, any building or structure that meets the criteria
above is also subject to these provisions.
B. Nothing in this chapter shall prohibit the demolition of a structure
or building deemed unsafe by the Building Inspector. However, if the
structure or building is located within the Historic District or listed
on or eligible for listing on the National Register or State Register
of Historic Places, then the application for a demolition permit shall
be referred to the Village Board for a determination whether the permit
should be issued in whole or in part. To inform its decision, the
Village Board shall cause the property to be inspected by the Village
Engineer, who shall issue a report as to whether all or any portion
of the structure or building can safely remain.
C. Waiver. The record owner of a property covered by this suspension
may apply to the Village Board of Trustees for a waiver for good cause
shown. However, economic hardship alone shall not constitute good
cause.
D. Expansion. This suspension may be extended by one additional period
of up to three months by resolution of the Village Board upon a finding
of need for such extension.