This chapter 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 the Town of Hurley. This chapter 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 chapter, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this chapter.
[Amended 11-22-2022 by L.L. No. 7-2022]
A. The office of Code Enforcement Officer as previously established
in the Town of Hurley is hereby continued except as modified herein.
The Code Enforcement Officer shall administer and enforce all the
provisions of the New York State Uniform Code and Energy Code. 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 use, 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 operating 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, fire safety and property maintenance inspections, inspections
incidental to the investigation of complaints and all other inspections
required or permitted under any provision of this chapter;
(4) To issue
stop-work orders and/or compliance orders;
(5) To review
and investigate complaints;
(6) To issue orders pursuant to §
97-10, Penalties for offenses;
(8) To collect
fees as set by the Town Board;
(9) To pursue
administrative enforcement actions and proceedings and/or criminal
proceedings to enforce provisions of the Uniform Code and/or Energy
Code;
(10) In
consultation with the Town Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code or
the Energy Code, or to abate or correct conditions not in compliance
with the Uniform Code or the Energy Code;
(11) To
issue certificates of compliance in accordance with § 1702.1
of the Uniform Code; and
(12) To
exercise all other powers and fulfill all other duties conferred upon
the Code Enforcement Officer by this chapter.
B. The Code Enforcement Officer shall be appointed by the Town Board.
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. 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 Town Board 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 chapter.
D. One or more
inspectors may be appointed by the Town Board 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
chapter. 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 Town Board of this Town.
Appropriate actions and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises; and these remedies shall be in addition to the
penalties prescribed in the preceding section.
No person, firm or corporation may demolish, destroy or tear
down any structure unless a permit to do so is issued by the Building
Inspector.
Any person, firm or corporation doing construction work in the
Town of Hurley may not work before 7:00 a.m. and must cease work not
later than 10:00 p.m.
Any person, firm or corporation claiming it is adversely affected
or aggrieved by any ruling, decision, determination or order of the
Building Inspector or any other duly qualified personnel acting for
or on behalf of the Town of Hurley under any of the provisions of
this Code shall have the right to appeal any such ruling, decision,
determination or order to the Town Board for final determination by
the Supreme Court of the State of New York. Such appeal must be taken
within 30 days after the determination or order is filed in the office
of the Building Inspector.
All of the fees set forth in this chapter may be amended by
resolution of the Town Board adopted by a majority vote.