[HISTORY: Adopted by the Town Board of the Town of Barton as indicated
in article histories. Amendments noted where applicable.]
[Adopted 12-28-2006 by L.L. No. 2-2006[1]]
[1]
Editor's Note: This local law also superseded former Art. I, Administration
and Enforcement, adopted 4-11-1994 by L.L. No. 2-1994.
This article 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 article 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 article, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this article.
As used in this article, the following terms shall have the meanings
indicated:
A permit issued pursuant to § 79-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
A certificate issued pursuant to § 79-7B of this article.
The Code Enforcement Officer appointed pursuant to § 79-3B of this article.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 79-14.1A of this article.
The State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 79-3D of this article.
A permit issued pursuant to § 79-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
The person to whom a building permit has been issued.
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.
An order issued pursuant to § 79-6 of this article.
A certificate issued pursuant to § 79-7D of this article.
The Town of Barton.
The New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
A.
The office of Code Enforcement Officer is hereby created.
The Code Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code and this article. 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 occupancy, 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, firesafety and property maintenance inspections, inspections
incidental to the investigation of complaints, and all other inspections required
or permitted under any provision of this article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of this Town;
(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 article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code or this article;
and
(11)
To exercise all other powers and fulfill all other duties
conferred upon the Code Enforcement Officer by this article.
B.
The Code Enforcement Officer shall be appointed by resolution
of 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, and 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
article.
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
article. 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.
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, 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 Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Construction or installation of one-story detached structures
associated with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses or similar
uses, provided the gross floor area does not exceed 144 square feet (13.38
square meters);
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
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;
(4)
Installation of fences which are not part of an enclosure
surrounding a swimming pool;
(5)
Construction of retaining walls, unless such walls support
a surcharge or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(7)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(8)
Installation of partitions or movable cases less than
five feet nine inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(10)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(11)
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
(12)
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.
D.
Applications for building permits. Applications for a
building permit shall be made in writing on a form provided by or otherwise
acceptable to the Code Enforcement Officer. 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
Code Enforcement Officer deems sufficient to permit a determination by the
Code Enforcement Officer 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 proposed work;
(2)
The Tax Map number and the street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect
or licensed professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature
and extent of the work proposed;
(d)
Substantiate that the proposed work will comply with
the Uniform Code and the Energy Code; and
(e)
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.
E.
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 D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, 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.
F.
Issuance of building permits. An application for a building
permit shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code. The
Code Enforcement Officer shall issue a building permit if the proposed work
is in compliance with the applicable requirements of the Uniform Code and
Energy Code.
G.
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.
H.
Work to be performed in accordance with construction
documents. 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 Code Enforcement Officer of
any change occurring during the course of the work. The building permit shall
contain such a directive. If the Code Enforcement Officer 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.
I.
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 Code Enforcement Officer.
J.
Revocation or suspension of building permits. If the
Code Enforcement Officer determines that a building permit was issued in error
because of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or the Energy
Code, the Code Enforcement Officer shall revoke the building permit or suspend
the building permit 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.
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.
A.
Authority to issue. The Code Enforcement Officer is authorized
to issue stop-work orders pursuant to this section. The Code Enforcement Officer
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 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 registered 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 registered
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 § 79-14.1, Enforcement; penalties for offenses, of this article 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.
Certificates of occupancy. A certificate of occupancy
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. The Code Enforcement
Officer shall issue a certificate of occupancy 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 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. 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, shall be provided to the
Code Enforcement Officer prior to the issuance of the certificate of occupancy:
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 Code Enforcement Officer issuing
the certificate of occupancy and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer 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 Code Enforcement Officer issue a temporary certificate unless the Code
Enforcement Officer 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 Code Enforcement Officer may include
in a temporary certificate such terms and conditions as he or 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 six months, which shall be determined by the Code Enforcement
Officer and specified in the temporary certificate. 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.
E.
Revocation or suspension of certificates. If the Code
Enforcement Officer 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 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.
(Reserved)
Unsafe structures and equipment in this Town shall be identified and
addressed in accordance with the procedures established by the Town Board,
as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the
activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials
in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and
incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but not
limited to commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose
a substantial potential hazard to public safety, as determined by resolution
adopted by the Town Board of this Town.
B.
Applications for operating permits. An application for
an operating permit shall be in writing on a form provided by or otherwise
acceptable to the Code Enforcement Officer. Such application shall include
such information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If the Code
Enforcement Officer determines that tests or reports are necessary to verify
conformance, such tests or reports shall be performed or provided by such
person or persons as may be designated by or otherwise acceptable to the Code
Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Code Enforcement Officer or an inspector
authorized by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
remain in effect until reissued, renewed, revoked or suspended.
F.
Revocation or suspension of operating permits. If the
Code Enforcement Officer determines that any activity or building for which
an operating permit was issued does not comply with any applicable provision
of the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer at the
following intervals:
(1)
Firesafety and property maintenance inspections of buildings
or structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings
or structures being occupied as dormitories shall be performed at least once
every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other
provision of this article shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention and Control
("OFPC") and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b. Notwithstanding any other provision of
this section to the contrary:
(1)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure occupied as
a dormitory if OFPC performs firesafety and property maintenance inspections
of such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
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 article, 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 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 § 79-14.1, Enforcement; penalties for offenses, of this article;
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.
The Code Enforcement Officer 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;
(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 Code Enforcement Officer shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 79-13, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer 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 Code Enforcement Officer 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.
A.
Compliance orders. The Code Enforcement Officer is 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 article. Upon finding that any
such condition or activity exists, the Code Enforcement Officer shall issue
a compliance order. The compliance order shall be in writing; be dated and
signed by the Code Enforcement Officer; specify the condition or activity
that violates the Uniform Code, the Energy Code, or this article; specify
the provision or provisions of the Uniform Code, the Energy Code, or this
article which is/are violated by the specified condition or activity; specify
the period of time which the 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 registered mail. The 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 registered
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 Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any violation
of the Uniform Code.
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 article, 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 Code Enforcement Officer pursuant
to any provision of this article, 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 article, 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 Code Enforcement Officer pursuant to any provision of this article.
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 article, or any stop-work order, compliance order
or other order obtained under the Uniform Code, the Energy Code or this article,
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 of this Town.
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 § 79-6, Stop-work orders, of this article, in any other section of this article, 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 § 79-6, Stop-work orders, of this article, in any other section of this article, 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 fee schedule shall be established by resolution of the Town Board
of this Town. 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 Code Enforcement Officer described in or contemplated
by this article.
The Town Board of this Town may, by resolution, authorize the Supervisor
of this Town to enter into an agreement, in the name of this Town, with other
governments to carry out the terms of this article, 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.
[Adopted 4-11-1994 by L.L. No. 2-1994]
[Amended 9-13-2004 by L.L. No. 1-2004]
A.
Lots within both water and sewer improvement areas. Any
lot which lies within both a water improvement area and a sewer improvement
area, within the Town of Barton, upon which any structure may hereafter be
erected, or prebuilt structure placed thereupon, shall be at least 1/3 of
an acre, with a minimum width of 100 feet, and a road front or road side of
such structure shall be set back the greater of 40 feet from the edge of the
right-of-way of the edge of the road, or 65 feet from the center line of the
adjoining road. No part of such structure shall be closer than 10 feet to
any adjacent lot line.
B.
Any lot which lies outside of both a water improvement
area and a sewer improvement area. Any lot upon which any structure may be
hereafter erected or upon which a prebuilt structure may be placed shall be
at least two acres in area with a minimum width of 150 feet. and the road
front or road side of such structure shall be set back the greater of 50 feet
from the edge of the right-of-way of the road or 75 feet from the center line
of the adjoining road. No part of such structure shall be closer than 25 feet
to any adjacent lot line.
As used in this article, the following terms shall have the meanings
indicated:
Any building constructed upon or placed upon any such lot, including
but not limited to any dwelling, mobile home, commercial or industrial facility,
storage buildings, outbuildings, garages and barns.
Section 79-15 above shall not apply to mobile home park lots within a mobile home park permitted by the State of New York or the Town of Barton; provided, however, that every such mobile home park shall be in accordance with the laws of the State of New York or Chapter 97 herein, respectively; and further provided that every mobile home situated in such park shall be situated on a lot in a method and manner in accordance with all laws, ordinances, rules and regulations that apply to such mobile home park.
A.
The Town of Barton may, for good cause shown, permit
variances from this article, provided that such variance does not adversely
affect the public safety or welfare of the residents of the Town.
B.
Upon application for variance, the matter shall be referred
to the Town Planning Board. The Planning Board shall hold, and give notice
of, a public hearing upon such referral by publishing in the official Town
newspaper at least five days prior to the date of said hearing. Any rescheduled
hearing shall require due notice just as the initial hearing. Within 45 days
after said hearing by the Town Planning Board, the Town Board shall review
the application for variance. The Town Board shall take into consideration
any recommendations the Town Planning Board shall make regarding the issuance
or denial of any variance or conditions to be placed thereon; however, the
Town Board shall not be bound by such recommendation of the Town Planning
Board. In the event that no written recommendations are made by the Planning
Board, it shall be deemed by the Town Board that the application for variance
was approved by the Town Planning Board as requested.
C.
The Town Board may permit a variance as applied for,
limit such variance and/or impose other terms and conditions upon such variance,
as it deems fit, in order to protect the health, public safety or welfare
of the residents of the Town of Barton; or the Town Board may deny the application
for variance in its entirety.
D.
The applicant or the applicant's representative
shall present engineering plans, Health Department approvals and other approvals
as required by the Town of Barton Code and other county and state statutes,
codes, rules and regulations as may be requested to the Town Planning Board
and may be requested to attend the Town Planning Board and/or Town Board meetings
in order ensure compliance of all the provisions and requirements of such
laws, ordinances, rules and regulations.
