[HISTORY: Adopted by the Town Board of the
Town of Harrison 4-17-2008 by L.L. No. 5-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 47.
Building construction — See Ch. 103.
Building permit fees — See Ch. 106.
Numbering of buildings — See Ch. 108.
Unsafe buildings — See Ch. 109.
Electrical standards — See Ch. 122.
Fire prevention — See Ch. 143.
Flood damage prevention — See Ch. 146.
Steep slope protection — See Ch. 199.
Subdivision of land — See Ch. 204.
Zoning — See Ch. 235.
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 the Town of Harrison. 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:
A permit issued pursuant to § 105-4 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.
A certificate issued pursuant to § 105-7B of this chapter.
The Code Enforcement Officer and all Inspectors.
An order issued by the Code Enforcement Official and Code
Enforcement Officer pursuant to § 105-A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
Shall include the Code Enforcement Officer and shall mean an Inspector appointed pursuant to § 105-3D of this chapter.
A permit issued pursuant to § 105-10 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.
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 § 105-6 of this chapter.
The Town of Harrison.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Zoning Ordinance and Zoning Laws of the Town of Harrison
Code, as currently in effect or as hereafter amended from time to
time.
A.
The Building Inspector and the Fire Inspector shall
administer and enforce all the provisions of the Uniform Code, the
Energy Code and this chapter. The Building Inspector shall have the
following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for Building Permits, Certificates of Occupancy 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 and Operating Permits, and to include
in Building Permits, Certificates of Occupancy and Operating Permits
such terms and conditions as the Building Inspector may determine
to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of Certificates of Occupancy 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;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the 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 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 Code Enforcement Official by this chapter.
B.
The Building Inspector shall be appointed by appointment
by the Town Board. The Building Inspector 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 Building Inspector shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Building Inspector is unable
to serve as such for any reason, an individual shall be appointed
by the Town Board to serve as Acting Building Inspector. The Acting
Building Inspector shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Building
Inspector by this chapter.
D.
One or more Inspectors and/or Code Enforcement Officers
may be appointed by the Town Board to act under the supervision and
direction of the Building Inspector and to assist the Building Inspector
in the exercise of the powers and fulfillment of the duties conferred
upon the Building Inspector by this chapter. Each Inspector and Code
Enforcement Officer 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 and Code Enforcement Officer
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Building Inspector and Inspectors
and Code Enforcement Officers shall be fixed from time to time by
the Town Board of the 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 Building Inspector.
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 which are used for tool and storage sheds,
playhouses or similar uses, provided the gross floor area is less
than 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;
(3)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple single-family dwellings where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(4)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(5)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings;
(6)
Installation of partitions or movable cases less than
five feet nine inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other
similar finish work;
(8)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(9)
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
(10)
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 Building Inspector. 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 Building Inspector deems sufficient to permit
a determination by the Building Inspector 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 four 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.
(6)
A copy of all easements, covenants, and Planning Board
and Town Board resolutions affecting the property.
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 Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, 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 Zoning Code of the Town[1] and all applicable covenants, easements, Planning Board
and Town Board resolutions affecting the property. The Building Inspector
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 Building
Inspector of any change occurring during the course of the work. The
Building Permit shall contain such a directive. If the Building Inspector
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 6 months following
the date of issuance. Building Permits shall expire one year 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 Building Inspector.
J.
Revocation or suspension of Building Permits. If the
Building Inspector determines that a Building Permit was issued in
error for any reason, or that the work for which a Building Permit
was issued violates the Uniform Code or the Energy Code, the Building
Inspector 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 Building Inspector or by an Inspector authorized by the Building Inspector. The Permit Holder shall notify the Building Inspector 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 Building Inspector is authorized
to issue Stop-Work Orders pursuant to this section. The Building Inspector
shall issue a Stop-Work Order to halt:
(1)
Any work that is determined by the Building Inspector
to be contrary to any applicable provision of the Zoning Code, 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, in the opinion of the Building Inspector
or his duly appointed representative, is being conducted in a dangerous
or unsafe manner, 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 Building Inspector, 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 Building Inspector
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
address of the owner or Permit Holder on the application submitted
to the Building Department or the address of the owner listed on the
tax rolls of the address of the property shall be deemed to be a proper
address for such mailing. The Building Inspector 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 § 105-15, Violations, 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.
Certificates of Occupancy required. 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 Building
Inspector 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 Zoning Code, 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 Zoning Code, Uniform Code and Energy Code. The Building Inspector
or an Inspector authorized by the Building Inspector 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 Building Inspector, at the expense of the applicant for the
Certificate of Occupancy, shall be provided to the Building Inspector
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 Building Inspector issuing the
Certificate of Occupancy and the date of issuance.
D.
Revocation or suspension of certificates. If the Building
Inspector determines that a Certificate of Occupancy was issued in
error for any reason, and if the relevant deficiencies are not corrected
to the satisfaction of the Building Inspector within such period of
time as shall be specified by the Building Inspector, the Building
Inspector shall revoke or suspend such certificate.
The chief of any fire department providing fire-fighting
services for a property within this Town shall promptly notify the
Fire Inspector and Building Inspector of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
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 Building Inspector. Such application
shall include such information as the Building Inspector deems sufficient
to permit a determination by the Building Inspector that quantities,
materials, and activities conform to the requirements of the Uniform
Code. If the Building Inspector 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 Building Inspector, at the expense of the applicant.
C.
Inspections. The Building Inspector or an Inspector
authorized by the Building Inspector 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 Building Inspector may require a separate Operating Permit for each such activity, or the Building Inspector 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
be issued for such period of time, not to exceed one year in the case
of any Operating Permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Building Inspector to be consistent with local conditions.
The effective period of each Operating Permit shall be specified in
the Operating Permit. An Operating Permit may be reissued or renewed
upon application to the Building Inspector, payment of the applicable
fee, and approval of such application by the Building Inspector.
F.
Revocation or suspension of Operating Permits. If
the Building Inspector 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 inspections of buildings
and structures shall be performed by the Building Inspector or an
Inspector designated by the Building Inspector at the following intervals:
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an Inspector designated by the Building Inspector 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 Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector 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 chapter 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.
The Building Inspector 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 Building Inspector or Fire Inspector 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 § 105-15, Violations, 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.
The Building Inspector and Fire Inspector 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 inspections and tests performed;
(4)
All statements and reports issued;
(5)
All complaints received;
(6)
All investigations conducted;
(8)
All fees charged and collected.
B.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by all Code Enforcement
Personnel, including records of:
(1)
All Building Permits, Certificates of Occupancy, temporary
certificates, and Stop-Work Orders issued.
C.
The Fire Inspector shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
Personnel, including records of:
(1)
All Operating Permits issued.
D.
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 Building Inspector and Fire Inspector shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Building Inspector and Fire Inspector, including a report and summary of all transactions and activities described in § 105-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector 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 Building Inspector 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 Building Inspector or Fire
Inspector 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 chapter. Upon finding that any such condition or activity
exists, the Building Inspector or Fire Inspector shall issue a Compliance
Order. The Compliance Order shall be in writing; be dated and signed
by the Building Inspector or Fire Inspector; 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 Building
Inspector or Fire Inspector 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 Building Inspector or Fire Inspector 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 Building
Inspector or Fire Inspector 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 Building Inspector, Fire Inspector
and each Inspector and Code Enforcement Officer are authorized to
issue appearance tickets for any violation of the Uniform Code, the
Energy Code or 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, Stop-Work Order, Operating
Permit or other notice or order issued by the Building Inspector or
Fire Inspector pursuant to any provision of this chapter, shall be
liable to a civil penalty of not more than $1,000 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 by the Town Attorney.
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 Zoning Code, Uniform Code, the
Energy Code, this chapter, or any term or condition of any Building
Permit, Certificate of Occupancy, Stop-Work Order, Operating Permit,
Compliance Order, or other notice or order issued by the Building
Inspector or Fire Inspector 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 Zoning Code, Uniform Code, the Energy Code, this chapter, or
any Stop-Work Order, Compliance Order or other order obtained under
the Zoning Code, 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.
The Town Board hereby authorizes the Building Inspector or Fire Inspector
to commence an action or proceeding described in this subsection upon
appropriate authorization from the Town Attorney.
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 § 105-6, 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 § 105-6, 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.
The fees shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code. 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 Building Inspector or Fire Inspector described in or contemplated by this chapter.
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.
This local law shall take effect immediately
upon filing in the office of the New York State Secretary of State
in accordance with § 27 of the Municipal Home Rule Law.