[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 8-15-2001 by L.L. No. 9-2001; amended in its entirety 4-9-2008 by L.L. No. 3-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Driveways and highway work permits — See Ch. 46.
Fire prevention — See Ch. 48.
Zoning — See Ch. 98.
ATTACHMENTS
039a Building Permit
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 this Town. 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.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
The Building Inspector appointed pursuant to § 39-3 of this chapter.
BUILDING PERMIT
A permit issued pursuant to § 39-9 of this chapter. 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 OCCUPANCY or CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 39-16B of this chapter.
CODE ENFORCEMENT OFFICER
The Zoning Administrator, Building Inspector and all inspectors.
CODE ENFORCEMENT PERSONNEL
Includes the Zoning Administrator, Building Inspector and all inspectors.
COMPLIANCE ORDER
An order issued by the Zoning Administrator pursuant to § 39-19A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 39-3 of this chapter.
OPERATING PERMIT
A permit issued pursuant to Chapter 48, Fire Prevention, of the Code of the Town of Pleasant Valley. The term "operating permit" shall also include an operating permit which is renewed, amended or extended.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
STOP-WORK ORDER
An order issued pursuant to § 39-14 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 39-16D of this chapter.
TOWN
The Town of Pleasant Valley.
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 Uniform Code shall be determined to include the New York State Building Code, Fire Code, Residential Code, Property Maintenance Code, Mechanical Code, Plumbing Code and Fuel Gas Code.
ZONING ADMINISTRATOR
The Zoning Administrator appointed pursuant to § 39-3 of this chapter.
A. 
The Town Board may appoint a Building Inspector and a Zoning Administrator and one or more deputies as the need may appear. Their compensation shall be fixed by the Town Board.
B. 
The Zoning Administrator 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.
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, Chapter 48, Fire Prevention, and Chapter 98, Zoning.
D. 
One or more Deputy Zoning Administrators, Deputy Building Inspectors, or Fire Inspectors may be appointed by the Town Board to act under the supervision and direction of the Zoning Administrator and to assist the Zoning Administrator in the exercise of the powers and fulfillment of the duties conferred upon the Zoning Administrator by this chapter, Chapter 48, Fire Prevention, and Chapter 98, Zoning. 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.
A. 
The Building Inspector shall review applications and recommend the issuance or denial of building permits or demolition permits by the Zoning Administrator for the erection, alteration, repair, removal or demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing such building construction.
B. 
The Zoning Administrator, with the assistance of the Building Inspector and inspectors, shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Zoning Administrator shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, 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/certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits such terms and conditions as the Zoning Administrator may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates and operating permits, firesafety 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;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 39-19A, Compliance orders, of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Town Board;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter;
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Zoning Administrator by this chapter and Chapter 48, Fire Prevention; and
(12) 
Whenever necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, to require the performance of tests in the field by experienced professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
A. 
The Zoning Administrator shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by this chapter and Chapter 48, Fire Prevention; and
(9) 
All fees charged and collected.
B. 
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
A. 
The Zoning Administrator shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Zoning Administrator and the inspectors, including a report and summary of all transactions and activities described in § 39-5, Records and reports, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Zoning Administrator shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code.
C. 
The Zoning Administrator shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his/her duties, the assistance and cooperation of law enforcement officials, Fire Department and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein and shall cooperate with and assist the Zoning Administrator in the performance of his/her duties.
The Zoning Administrator, Building Inspector or inspector, upon showing of the proper credentials and in the discharge of his/her duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, conversion, change in use, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Zoning Administrator.
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(2) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(3) 
Construction of retaining walls, unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(4) 
Installation of window awnings supported by a stationary exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(5) 
Installation of partitions or movable cases less than five feet nine inches in height;
(6) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(7) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(8) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(9) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress; or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
A. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Zoning Administrator. The application shall be signed by the owner of the property where the work is to be performed or by an authorized agent of the owner. The application shall include such information as the Zoning Administrator deems sufficient to permit a determination by the Zoning Administrator that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) 
A description of the land on which the proposed work is to be done, together with a survey if required by the Building Inspector.
(2) 
A statement of the existing use of all parts of the land and of the buildings and structures thereon.
(3) 
The valuation of the proposed work.
(4) 
The full name and address of the owner and of the applicant, proof of ownership and the names and addresses of their responsible officers if any of them are corporations.
(5) 
A brief description of the nature of the proposed work and use.
(6) 
Such additional information as required by Chapter 98, Zoning, of the Pleasant Valley Code.
(7) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
(8) 
The actual shape, dimensions, radii, angles and area of the lot.
(9) 
The exact size and location on the lot of the building or structure proposed or to be altered and other existing and proposed buildings and structures on the same lot.
(10) 
The dimensions of all yards in relation to the subject, and the distances between the subject and other existing and proposed buildings and structures on the same lot.
(11) 
The location and design of proposed water supply and sewage systems approved by the Dutchess County Department of Health.
(12) 
A driveway permit from the Superintendent of Highways in accordance with Chapter 46 of this Code.
(13) 
Proof of compliance with applicable workers' compensation requirements.
(14) 
The Tax Map number and the street address of the premises where the work is to be performed.
(15) 
The occupancy classification of any affected building or structure.
(16) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code.
(17) 
The Zoning Administrator may waive any of the above requirements which are not applicable.
B. 
Where such application is made by a person other than the owner, it shall be accompanied by a statement of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
C. 
Each application for a building permit shall be accompanied by at least two sets of construction documents (drawings and/or specifications), including a plot plan showing the location and size of all proposed new construction, the nature and character of the work to be performed and the materials to be incorporated, distances from lot lines and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Except for nonstructural repairs, at least two sets of construction documents (drawings and/or specifications) which: define the scope of the proposed work; are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; indicate with sufficient clarity and detail the nature and extent of the work proposed; substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and, where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
(1) 
Whenever the plans accompanying an application are for a structure which, in the opinion of the Building Inspector, is of complex design, the Building Inspector shall require the applicant to file a statement, signed by a licensed architect or engineer, certifying that the plans and specifications comply with the provisions of this chapter in force on the date of the application. In such a case, the Building Inspector may, in his/her discretion, employ a licensed architect or engineer to examine the plans. In the event that the Building Inspector employs a licensed architect or engineer under the provisions of this subsection, the Building Inspector may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this chapter and the Building Code. All associated fees for such professional advice shall be at the expense of the applicant.
(2) 
Plans and specifications shall bear the signature of the person responsible for the design of the drawings.
(3) 
The Building Inspector may waive any of the above requirements if deemed unnecessary.
D. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection C of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Zoning Administrator in writing or by stamp. One set of the accepted construction documents shall be retained by the Zoning Administrator, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
E. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector. Such amendments may also require approvals from other agencies.
A. 
The Building Inspector shall examine or cause to be examined all applications for permits and plans, specifications and documents filed with the Zoning Administrator. He/she shall approve or disapprove the application within a reasonable time and recommend to the Zoning Administrator, in writing, the issuance or denial of a building permit.
B. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, Town laws and ordinances, the Building Inspector shall disapprove the same and shall recommend denial of the permit. In the event that the permit is denied, the plans and specifications shall be returned to the applicant. Upon request of the applicant, the Zoning Administrator, in concurrence with the Building Inspector, shall cause such disapproval, together with the reasons therefor, to be transmitted to the applicant in writing.
C. 
Appeal of denial. Denial of a building permit may be appealed to the Zoning Board of Appeals under such terms and conditions as are provided in Chapter 98, Article IX, of the Pleasant Valley Code.
A. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances and regulations. All work shall conform to the approved application, plans and specifications. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Zoning Administrator of any change occurring during the course of the work. The building permit shall contain such a directive. If the Zoning Administrator determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
C. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Zoning Administrator.
The Zoning Administrator may revoke the building permit or suspend the building permit issued in the following instances until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code:
A. 
Where there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where the building permit was issued in error and should not have been issued in accordance with the Uniformed Code, the Energy Code, or other applicable law.
C. 
Where the work performed under the building permit is not being performed in accordance with the provisions of the approved application, plans or specifications.
D. 
Where the person to whom the building permit has been issued fails or refuses to comply with a stop-work order.
A. 
Authority to issue. The Code Enforcement Officer and/or Zoning Administrator is authorized to issue stop-work orders pursuant to this section. The Zoning Administrator shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(3) 
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Code Enforcement Officer, state the reason or reasons for issuance, and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 39-19, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
D. 
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.
A. 
Certificates of occupancy or 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.
B. 
Issuance of certificates of occupancy or certificates of compliance. The Zoning Administrator 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, 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 Zoning Administrator or an inspector authorized by the Zoning Administrator shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. 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 Zoning Administrator, at the expense of the applicant for the certificate of occupancy, shall be provided to the Zoning Administrator prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy. A certificate of occupancy 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, address and Tax Map number of the property;
(4) 
If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Zoning Administrator issuing the certificate of occupancy and the date of issuance.
D. 
Temporary certificate. The Zoning Administrator shall be permitted to issue a temporary certificate 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 Zoning Administrator issue a temporary certificate unless the Zoning Administrator determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Zoning Administrator may include in a temporary certificate such terms and conditions as he/she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed 30 days, which shall be determined by the Zoning Administrator and specified in the temporary certificate. Such temporary certificate may be renewed for successive thirty-day periods, not to exceed a total of 180 days. During the specified period of effectiveness of the temporary certificate, 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. The issuance of a temporary certificate shall not relieve the obligation of the permit holder to renew the building permit that would otherwise expire by its terms of the terms of this chapter.
E. 
Revocation or suspension of certificates. If the Zoning Administrator determines that a certificate of occupancy or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Zoning Administrator within such period of time as shall be specified by the Zoning Administrator, the Zoning Administrator shall revoke or suspend such certificate.
A. 
Purpose. Unsafe buildings pose a threat to life and property in the Town of Pleasant Valley (the "Town"). Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secure at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this section to provide for the safety, health protection and general welfare of persons and property in the Town by requiring that such unsafe buildings be repaired or be demolished and removed.
B. 
Investigation and report. When the Building Inspector, in his/her own opinion, or upon receipt of information that a building is or may become dangerous or unsafe to the general public; is open at the doorways and windows, making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers; is or may become a place of rodent infestation; presents any other danger to the health, safety, morals and general welfare of the public; or is unfit for the purposes for which it may lawfully be used, he/she shall cause or make an inspection thereof and report in writing to the Town Board of the Town of Pleasant Valley his/her findings and recommendations in regard to its repair or its demolition and removal.
C. 
Town Board order. The Town Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous and order its repair if the same can be safely repaired or its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein.
D. 
Notice; contents. The notice shall contain the following:
(1) 
A description of the premises;
(2) 
A statement of the particulars in which the building is unsafe or dangerous;
(3) 
An order outlining the manner in which the building is to be made safe and secure, or demolished and removed;
(4) 
A statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended;
(5) 
A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five business days from the date of service of the notice; and
(6) 
A statement that, in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located, and to institute a special proceeding to collect the costs of demolition, including legal expenses.
E. 
Service of notice.
(1) 
Said notice shall be served:
(a) 
By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe building as shown by the records of the Town Tax Collector or of the County Clerk or, if no such person can reasonably be found, by mailing such owner, by registered mail, a copy of such notice, directed to his/her last known address as shown by the above records; and
(b) 
By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and
(c) 
By securely affixing a copy of such notice upon the unsafe building.
(2) 
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Dutchess.
F. 
Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency as provided in Subsection H hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
G. 
Assessment of expenses. All expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing such building, and all reasonable and necessary legal expenses incidental thereto, shall, at the option of the Town Board, either:
(1) 
Be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy; or
(2) 
Be collected by commencement of a special proceeding against the owner of said unsafe or dangerous building or structure pursuant to General Municipal Law § 78-b.
H. 
Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Subsection G hereof.
I. 
A demolition permit shall be required for the removal of an unsafe building or structure or portion thereof.
J. 
A building permit shall be required for the restoration or replacement of an unsafe building or structure or portion thereof.
The Zoning Administrator or 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, ordinance 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 Zoning Administrator or 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 § 39-19, Enforcement; penalties for offenses, 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. 
Compliance orders. The Zoning Administrator or Code Enforcement Officer are authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Zoning Administrator or Code Enforcement Officer shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Zoning Administrator or Code Enforcement Officer; specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; specify the period of time which the Zoning Administrator or Code Enforcement Officer deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Zoning Administrator or Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B. 
Appearance tickets. The Zoning Administrator and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code and this chapter.
C. 
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit or other notice or order issued by the Zoning Administrator pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Town.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Zoning Administrator pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
E. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 39-14, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 39-14, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
A. 
No building permit shall be issued until all relevant costs and fees of the Town have been paid.
B. 
A fee schedule shall be established by resolution of the Town Board. 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 Zoning Administrator described in or contemplated by this chapter.
C. 
The fees for building permits shall be waived for restoration or replacement of buildings destroyed by fire or acts of God.
The Town Board of this Town may, by resolution, authorize the Supervisor to enter into an agreement, in the name of the Town of Pleasant Valley, 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.