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 of the Town of Batavia as appointed
by the Town Board, who shall have all qualifications, duties and powers
to administer and enforce all of the provisions in this chapter in
the same manner as the Code Enforcement Officer.
[Added 12-21-2011 by L.L. No. 2-2011]
BUILDING PERMIT
A permit issued pursuant to §
89-4 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.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to §
89-3B of this chapter. Whenever the term "Code Enforcement Officer" appears in this chapter, it shall be interpreted to mean "and/or the Building Inspector."
[Amended 12-21-2011 by L.L. No. 2-2011]
CODE ENFORCEMENT PERSONNEL
The Code Enforcement Officer, all inspectors; and all Building
Inspectors.
[Amended 12-21-2011 by L.L. No. 2-2011]
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
89-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
PROPERTY MAINTENANCE CODE BOARD OF APPEALS
The Board established by the Uniform Code to hear appeals
from determinations of the Code Enforcement Officer made pursuant
to the Property Maintenance Code.
[Added 2-20-2019 by L.L.
No. 1-2019]
TOWN
The Town of Batavia.
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 chief of any fire department providing fire-fighting
services for a property within this Town shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, electrical fire or damage, fuel-burning appliance, chimney
or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter
93 of the Code of the Town of Batavia, as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other local law, 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 §
89-15, 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.
[Amended 2-20-2019 by L.L. No. 1-2019]
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/certificates of compliance,
temporary certificates, operating permits, fire safety and property
maintenance inspections, applications to the Property Maintenance
Board of Appeals, and other actions of the Code Enforcement Officer
described in or contemplated by this chapter.
The Town Board of this Town may, by resolution,
authorize the Town 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 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.
[Added 2-20-2019 by L.L.
No. 1-2019]
The Property Maintenance Board of Appeals shall consist of three
members appointed by the Town Board. Terms of office shall be for
three years, and shall be overlapping with no two terms ending in
the same year. The Town Board shall determine the compensation of
the members on an annual basis, and the acceptance of compensation
by any Board member shall not disqualify the member from serving on
the Board under any provision of the Uniform Code.
[Added 2-20-2019 by L.L.
No. 1-2019]
The following standards shall govern the application of the
Uniform Code, unless otherwise established by the Property Maintenance
Code:
A. Weeds.
Premises and exterior property shall be maintained free from weeds
or plant growth in excess of 10 inches.
B. Insect
screens. Insect screens shall be supplied from May 1 to October 31
of each year.
C. Heat supply.
Heat shall be supplied from October 1 to May 31 of each year.
D. Occupiable
work spaces. Indoor occupiable work spaces shall be supplied with
heat during the period from October 1 to May 31 of each year.