As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to §
78-4 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 Village Superintendent of Buildings appointed pursuant to §
78-2B of this chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
CODE ENFORCEMENT PERSONNEL
Includes the Village Superintendent of Buildings and all
inspectors.
[Amended 3-7-2019 by L.L.
No. 1-2019]
COMPLIANCE ORDER
An order issued by the Village Superintendent of Buildings pursuant to §
78-15A of this chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
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 §
78-11 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
Includes 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.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
VILLAGE BOARD
The Board of Trustees of the Village of Baxter Estates.
VILLAGE ZONING CODE
Chapter
175 of the Code of the Village of Baxter Estates, as duly amended from time to time by the Village Board, and any successor Code provision or local law.
VILLAGE
The Village of Baxter Estates.
[Amended 3-7-2019 by L.L.
No. 1-2019]
A. The Village Superintendent of Buildings shall possess
background and experience related to building construction or fire
prevention and shall, within the time constraints established 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 Village Superintendent of
Buildings shall obtain certification from the State Fire Administrator
pursuant to the New York State Executive Law and the regulations promulgated
thereunder.
B. In the absence of the Village Superintendent of Buildings,
or in the case of his or her inability to act for any reason, the
Mayor shall have the power, with the consent of the Village Board,
to designate a person to act on behalf of the Village Superintendent
of Buildings and to exercise any or all of the powers conferred upon
him or her by this chapter. Without in any way limiting the foregoing,
the Village Board may, by resolution, designate the Village Clerk
or any other Village official to execute, issue and deliver any and
all orders, instruments, certificates or other official documents
of any type or nature contemplated hereunder to be executed, issued
or delivered by the Village Superintendent of Buildings, including,
without limitation, certificates of occupancy, certificates of completion,
building permits, orders to remedy, stop-work orders and appearance
tickets. The Village Board may authorize joint execution by the Village
Superintendent of Buildings and any other person or entity, including
the Village Clerk or other Village official, in which case execution
by one or the other shall be deemed sufficient for all purposes.
C. The Mayor, with the approval of the Village Board,
may appoint one or more inspectors to act under the supervision and
direction of the Village Superintendent of Buildings and to exercise
any portion of the powers and duties of the Village Superintendent
of Buildings as directed by him or her. 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.
D. The compensation for the Village Superintendent of
Buildings, acting Village Superintendent of Buildings and inspectors
shall be fixed and adjusted as needed by the Village Board.
E. The Village Superintendent of Buildings 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 Village Superintendent
of Buildings 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 §
78-15A, Compliance order, of this chapter;
(8) To collect fees as set by the Village Board;
(9) To pursue administrative enforcement actions and proceedings;
(10) In consultation with the Village 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; and
(11) To exercise all other powers and fulfill all other
duties conferred upon the Village Superintendent of Buildings by this
chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
A schedule of fees applicable to all applications,
inspections and other actions made under this chapter shall be established,
and changed as needed, by resolution adopted by the Village Board.
Such fees may be charged for the submission of applications, issuance
of building permits, certificates of occupancy, certificates of compliance,
amended building permits, renewed building permits, temporary certificates
and for firesafety and property maintenance, inspections and other
actions of the Village Superintendent of Buildings described in or
contemplated by this chapter.
[Amended 3-7-2019 by L.L.
No. 1-2019]
The chief of any fire department providing fire-fighting
services for a property within the Village shall promptly notify the
Village Superintendent of Buildings of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
[Amended 3-7-2019 by L.L.
No. 1-2019]
The Village Superintendent of Buildings 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 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 Village Superintendent of Buildings
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 §
78-15, 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 3-7-2019 by L.L.
No. 1-2019]
A. The Village Superintendent of Buildings shall annually submit to the Village Board a written report and summary of all business conducted by the Village Superintendent of Buildings and the inspectors, including a report and summary of all transactions and activities described in §
78-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. The Village Superintendent of Buildings shall annually
submit to the Secretary of State, on behalf of this Village, on a
form prescribed by the Secretary of State, a report of the activities
of this Village relative to administration and enforcement of the
Uniform Code.
C. The Village Superintendent of Buildings 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 Village is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
the Village in connection with administration and enforcement of the
Uniform Code.
The Village Board may, by resolution, authorize
the Mayor of the Village to enter into an agreement, in the name of
the Village, 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.
If any section of this chapter shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this chapter.