[HISTORY: Adopted by the Town Board of the
Town of Neversink 8-14-1991 by L.L. No. 2-1991.[1]]
GENERAL REFERENCES
Unsafe buildings — See Ch. 20.
[1]
Editor's Note: Section 1 of this local law
provided for the repeal of former Ch. 26, Fire Prevention and Building
Construction adopted 1-8-1986 as L.L. No. 1-1986, as amended.
[Amended 6-3-2009 by L.L. No. 2-2009]
A.
Multiple
dwellings. All dwelling units in a building consisting of two or more
such units including common areas of such buildings such as halls,
foyers, staircases, etc., shall be inspected for the purpose of determining
compliance with safety requirements of the Uniform Code, at least
once in every 36 months.
B.
Nonresidential
structures. All other nonresidential buildings, structures, uses and
occupancies, including but not limited to businesses, mercantile,
professional office building, manufacturing building, industrial facilities,
etc., shall be inspected at least once in every 36 months.
C.
Dormitories.
All dormitories shall be inspected at least once every 12 months.
D.
Places
of public assembly. All places of public assembly shall be inspected
at least once every 12 months.
E.
An
inspection of a building or structure shall be performed following
receipt of notice from a Fire Chief of a Fire Department providing
services for a property located in the Town of the occurrence of a
fire or explosion involving such structure or a fuel-burning appliance,
chimney or gas vent thereat.
F.
An inspection of a building or dwelling unit shall be performed at
any other time upon request of the owner or authorized agent or upon
receipt of a written statement specifying grounds upon which the subscriber
believes a violation of the Uniform Code exists.
G.
Such inspections shall be performed by the Code Enforcement Officer.
H.
Firesafety inspections of areas of public assembly defined in Part
608 of Title 9 of the New York Codes, Rules and Regulations will be
conducted at least once per year.
The enforcement official shall annually submit
a report to the Town Board, on or before January 15, containing but
not limited to the number and catgory of inspections conducted during
the town's preceding fiscal year, the number of violations and abatement
thereof, the number and type of permits issued and recommendations
for improving the administration and enforcement of the Uniform Code.
[Amended 6-3-2009 by L.L. No. 2-2009]
A.
In
addition to the remedies prescribed by § 382 of the Executive
Law, a violation of this chapter or the Uniform Code is hereby declared
to be an offense punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both for conviction of a
first offense; for conviction of a second offense both of which were
committed within a period of five years, punishable by a fine of not
less than $350 nor more than $700 or imprisonment for a period not
to exceed six months, or both; and upon conviction for a third or
subsequent offense all of which were committed within a period of
five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
B.
The
Enforcement Officer shall have the authority to issue an appearance
ticket for violations of the Uniform Code, returnable to the Justice
Court of the Town of Neversink.
