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 Milton. 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 PERMIT
A permit issued pursuant to §
85-4 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(s) appointed pursuant to §
85-3B of this chapter. More than one person may be appointed a Code Enforcement Officer. Reference to "the Code Enforcement Officer" shall include any Code Enforcement Officer appointed by the Town Board of the Town of Milton.
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 §
85-10 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.
STRUCTURE
That which is built or constructed.
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 the Town of Milton 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 the Town of Milton shall be identified
and addressed in accordance with the procedures established in Local Law Section
____, of the Town of Milton, 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; however, nothing herein shall be construed to
prevent the Code Enforcement Officer from exercising his authority and discretion
in deciding whether or not to prosecute or enforce an alleged or actual code
violation:
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 §
85-15, 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.
A fee schedule shall be established by resolution of the Town Board
of the Town of Milton. 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, firesafety and property
maintenance inspections, and other actions of the Code Enforcement Officer
described in or contemplated by this chapter.
The Town Board of the Town of Milton may, by resolution, authorize the
Town Supervisor of the Town of Milton to enter into an agreement, in the name
of the Town of Milton, 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.