[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 8-15-2007 by L.L. No. 3-2007. Amendments noted where
applicable.]
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 Village of Brewster.
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
this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 103-4 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 § 103-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 103-3B of this chapter.
Includes the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 103-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 103-3D of this chapter.
A permit issued pursuant to § 103-10 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.
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.
An order issued pursuant to § 103-6 of this chapter.
A certificate issued pursuant to § 103-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Brewster.
A.Â
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 chapter.
The Code Enforcement Officer shall have the following powers and duties:
(1)Â
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)Â
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 Code Enforcement
Officer may determine to be appropriate;
(3)Â
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)Â
To issue stop-work orders;
(5)Â
To review and investigate complaints;
(7)Â
To maintain records;
(9)Â
To pursue administrative enforcement actions and proceedings;
(10)Â
In consultation with this Village'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)Â
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
B.Â
The Code Enforcement Officer shall be appointed by
the Village Mayor, upon the advice and consent of the Village of Brewster
Board of Trustees. 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.Â
In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by the Village Mayor, upon the advice and consent of the Village of
Brewster Board of Trustees, 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 chapter.
D.Â
One or more inspectors may be appointed by the Code
Enforcement Officer, upon the advice and consent of the Village of
Brewster Board of Trustees, 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 chapter. 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.Â
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Village of
Brewster Board of Trustees.
A.Â
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.Â
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)Â
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses).
(2)Â
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.
(3)Â
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses).
(4)Â
Installation of partitions or movable cases less than
five feet nine inches in height.
(5)Â
Painting, wallpapering, tiling, carpeting or other
similar finish work.
(6)Â
Repairs, provided that such repairs do not involve:
(a)Â
The removal or cutting away of a load-bearing
wall, partition or portion thereof, or of any structural beam or load-bearing
component;
(b)Â
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)Â
The enlargement, alteration, replacement or
relocation of any building system; or
(d)Â
The removal from service of all or part of a
fire protection system for any period of time.
C.Â
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.Â
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 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)Â
A description of the proposed work.
(2)Â
The tax map number and the street address of the premises
where the work is to be performed.
(3)Â
The occupancy classification of any affected building
or structure.
(4)Â
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code.
(5)Â
At least two sets of construction documents (drawings
and/or specifications) which:
(a)Â
Define the scope of the proposed work;
(b)Â
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)Â
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)Â
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
(e)Â
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)Â
A copy of the contractor's Putnam County license.
E.Â
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 marked "Accepted and Approved" shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents marked "Accepted and Approved" 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 marked "Accepted and Approved" 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.Â
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.Â
Building permits to be displayed. Building permits
shall be displayed at the work site and shall remain visible until
the authorized work has been completed.
H.Â
Work to be in accordance with construction documents.
All work shall be performed in accordance with the construction documents
which were submitted with and approved as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately, in writing, 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.Â
Time limits. Building permits shall become invalid
unless the authorized work is commenced within six months, as verified
by the Code Enforcement Officer's inspection, 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 for an additional
six months, upon application by the permit holder, payment of the
applicable fee and approval of the application by the Code Enforcement
Officer.
J.Â
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:
K.Â
Fee. The fee specified in or determined in accordance with the provisions set forth in § 103-16, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit or for renewal of a building permit, as per the Village of Brewster Fee Schedule.[1]
A.Â
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.Â
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)Â
Work site prior to the issuance of a building permit,
including stormwater protection;
(2)Â
Footing and foundation;
(3)Â
Preparation for concrete slab;
(4)Â
Framing;
(5)Â
Building systems, including underground and rough-in;
(6)Â
Fire-resistant construction;
(7)Â
Fire-resistant penetrations;
(8)Â
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)Â
Energy Code compliance; and
(10)Â
A final inspection after all work authorized by the
building permit has been completed.
C.Â
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed. 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.Â
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)Â
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;
(2)Â
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Code Enforcement Officer, 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)Â
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.Â
Content of stop-work orders. Stop-work orders shall:
(1)Â
Be in writing, or verbal and shall be confirmed in
writing as soon as practicable;
(2)Â
Be dated and signed by the Code Enforcement Officer;
(3)Â
State the reason or reasons for issuance; and
(4)Â
If applicable, state the conditions which must be
satisfied before work will be permitted to resume.
C.Â
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, by posting
on site or by regular/registered/certified 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, by posting on site or
by regular/registered/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.Â
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.Â
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 § 103-15, Violations; penalties for offenses, 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.Â
Certificates of occupancy/certificates of compliance
required. A certificate of occupancy or a certificate of compliance
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 or
certificate of compliance.
B.Â
Issuance of certificates of occupancy or certificates
of compliance. The Code Enforcement Officer shall issue a certificate
of occupancy or certificate of compliance 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, that 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
or certificate of compliance. 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 or certificate of compliance,
shall be provided to the Code Enforcement Officer prior to the issuance
of the certificate of occupancy or certificate of compliance:
C.Â
Contents of certificate of occupancy or certificate
of compliance. A certificate of occupancy or certificate of compliance
shall contain the following information:
(1)Â
The building permit number, if any;
(2)Â
The name, address and tax map number of the property;
(3)Â
If the certificate of occupancy or certificate of
compliance is not applicable to an entire structure, a description
of that portion of the structure for which the certificate of occupancy
or certificate of compliance is issued;
(4)Â
The use and occupancy classification of the structure;
(5)Â
The type of construction of the structure;
(6)Â
Any special conditions imposed in connection with
the issuance of the building permit; and
(7)Â
The signature of the Code Enforcement Officer issuing
the certificate of occupancy or certificate of compliance and the
date of issuance.
D.Â
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:
(1)Â
That the building or structure, or the portion thereof
covered by the temporary certificate, may be occupied safely;
(2)Â
That any fire- and smoke-detecting or fire-protection
equipment which has been installed is operational; and
(3)Â
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.Â
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy, certificate
of compliance 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.
The chief of any fire department providing fire-fighting
services for a property within this Village of Brewster shall promptly
notify the Code Enforcement Officer of any fire or explosion involving
any structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village of Brewster shall be identified and addressed in accordance with the procedures established by Local Law No. 2-1974, codified as Chapter 82 of the Municipal Code of the Village of Brewster, New York, entitled "Buildings, Unsafe ," effective November 26, 1974; and by Local Law No. 1-1993, codified as Chapter 148 of the aforesaid Municipal Code, entitled "Housing Maintenance," effective July 7, 1993, as now in effect or as hereafter amended from time to time.
A.Â
Operating permits required. Operating permits shall
be required for conducting the activities or using the categories
of buildings listed below:
(1)Â
Manufacturing, storing or handling hazardous materials
in quantities exceeding those listed in Tables 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;
(2)Â
Hazardous processes and activities, including but
not limited to commercial and industrial operations which produce
combustible dust as a by-product, fruit and crop ripening, and waste
handling;
(3)Â
Use of pyrotechnic devices in assembly occupancies;
(4)Â
Buildings containing one or more areas of public assembly
with an occupant load of 50 persons or more; and
(5)Â
Buildings whose use or occupancy classification may
pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Village of Brewster Board of Trustees.
Any person who proposes to undertake any activity or to operate any
type of building listed in this subsection shall be required to obtain
an operating permit prior to commencing such activity or operation.
B.Â
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.Â
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.Â
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.Â
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 Code Enforcement Officer 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 Code Enforcement Officer, payment of the applicable
fee and approval of such application by the Code Enforcement Officer.
F.Â
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.Â
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)Â
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)Â
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.Â
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:
(1)Â
The request of the owner of the property to be inspected
or an authorized agent of such owner;
(2)Â
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
(3)Â
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.Â
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 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 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.Â
Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection.
B.Â
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 § 103-15, Violations; penalties for offenses, of this chapter.
C.Â
If appropriate, issuing a stop-work order.
D.Â
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.Â
The Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
(1)Â
All applications received, reviewed and approved or
denied;
(2)Â
All plans, specifications and construction documents
approved;
(3)Â
All building permits, certificates of occupancy, certificates
of compliance, temporary certificates, stop-work orders and operating
permits issued;
(4)Â
All inspections and tests performed;
(5)Â
All statements and reports issued;
(6)Â
All complaints received;
(7)Â
All investigations conducted;
(9)Â
All fees charged and collected.
B.Â
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.Â
The Code Enforcement Officer shall annually submit to the Village of Brewster Board of Trustees 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 § 103-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.Â
The Code Enforcement Officer shall annually submit
to the Secretary of State, on behalf of this Village of Brewster,
on a form prescribed by the Secretary of State, a report of the activities
of this Village of Brewster relative to administration and enforcement
of the Uniform Code.
C.Â
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 Village
of Brewster is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
this Village of Brewster in connection with administration and enforcement
of the Uniform Code.
A.Â
Compliance orders.
(1)Â
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 chapter. Upon finding that
any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order. The compliance order shall:
(a)Â
Be in writing.
(b)Â
Be dated and signed by the Code Enforcement
Officer.
(c)Â
Specify the condition or activity that violates
the Uniform Code, the Energy Code or this chapter.
(d)Â
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.
(e)Â
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within a specified period of time.
(2)Â
The Code Enforcement Officer shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally, posted on site or by regular/registered/certified
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,
posted on site or by regular/registered/certified mail; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
B.Â
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Code or this chapter.
C.Â
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, certificate of compliance,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Code Enforcement Officer pursuant to
any provision of this chapter, 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 Village
of Brewster.
D.Â
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 103-6, 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 § 103-6, 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.
A fee schedule shall be established by resolution
of the Village of Brewster Board of Trustees.[1] Such fee schedule may thereafter be amended from time
to time by like resolution. The fee schedule will be on file with
the Clerk of the Village of Brewster. 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, firesafety and property maintenance inspections;
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Village of Brewster Board of Trustees may,
by resolution, authorize the Mayor of this Village of Brewster to
enter into an agreement, in the name of this Village of Brewster,
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.