Town of Putnam Valley, NY Article XVII Building Permits, Certificates of Occupancy, and Enforcement

[Amended 3-14-2001 by L.L. No. 1-2001; 6-26-2002 by L.L. No. 7-2002; 4-16-2008 by L.L. No. 2-2008; 5-21-2008 by L.L. No. 4-2008; 5-11-2011 by L.L. No. 2-2011]

§ 165-79 Purpose and intent.

In addition to exercising the authority conferred by Article 16 of the New York State Town Law (Zoning and Planning) 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).

§ 165-80 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BUILDING PERMIT

A permit issued pursuant to § 165-82 of this article. The term shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.

CERTIFICATE OF OCCUPANCY

A certificate issued pursuant to Subsection B of § 165-85 of this article.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer appointed pursuant to Subsection B of § 165-81 of this article.

CODE ENFORCEMENT PERSONNEL

The Code Enforcement Officer and all inspectors.

COMPLIANCE ORDER

An order issued by the Code Enforcement Officer pursuant to Subsection A of § 165-91.1 of this article.

ENERGY CODE

The New York State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

INSPECTOR

An inspector appointed pursuant to Subsection D of § 165-81 of this article.

OPERATING PERMIT

A permit issued pursuant to § 165-87 of this article. The term "operating permit" shall also include an operating permit which is renewed amended or extended pursuant to any provision of this article.

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.

STOP-WORK ORDER

An order issued pursuant to § 165-84 of this article.

TOWN

The Town of Putnam Valley.

TOWN CODE

The Town Code of the Town of Putnam Valley.

UNIFORM CODE

The New York State Uniform Fire Prevention and building Code, as currently in effect and as hereafter amended from time to time.

ZONING CODE

The Zoning Ordinance of the Town of Putnam Valley, as same may from time to time be amended.

§ 165-81 Code Enforcement Officer and inspectors.

A. The position of Code Enforcement Officer has heretofore been established. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, this chapter, and such other chapters of the Town Code as the Code Enforcement Officer is empowered to enforce, and such additional provisions of the Town Code for which no other designated person, office, or individual is given enforcement authority. Subject to the other and further provisions of the Town Code, and to the jurisdiction, actions and approvals of the Putnam Valley Town Board, the Putnam Valley Zoning Board of Appeals and the Putnam Valley Planning Board, the Code Enforcement Officer shall have the following powers and duties under this chapter:

(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 Code Enforcement Officer 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, fire safety 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 Subsection A of § 165-91.1, Penalties for offenses, of this article;

(7) To maintain records;

(8) To collect fees as set by the Town Board of this Town;

(9) To pursue enforcement actions and proceedings;

(10) In consultation with the Town's attorney and/or Town prosecutor, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, this chapter, such other chapters of the Town Code as the Code Enforcement Officer is empowered to enforce, and such additional provisions of the Town Code for which no other designated person, office or individual is given enforcement authority, and to abate or correct conditions not in compliance with the Uniform Code, the Energy Code this chapter, and the other Town Code chapters and provisions herein mentioned; and

(11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.

B. The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction and 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. In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board 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. One or more deputies and/or inspectors (collectively referred to hereafter as "inspectors") may be appointed by resolution of the Town Board 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. 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. Authority conferred in this chapter and elsewhere in the Town Code upon the Code Enforcement Officer shall likewise be deemed conferred upon his duly-appointed inspectors.

E. The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Town Board.

§ 165-82 Building permits.

A. Building permits required. Except as otherwise provided in Subsection B of this section, and in addition to those structures and/or activities listed elsewhere in this chapter for which a building permit is required, 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, the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit, and for any change of use. 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. Exemptions. No building permit shall be required for work in any of the following categories:

(1) Installation of swings and other playground equipment associated with a one or two family dwelling or multiple single family dwellings (townhouses);

(2) 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) Construction of temporary motion picture, television and theater stage sets and scenery in conjunction with productions by public and private schools and camps;

(4) Installation of window awnings supported by an exterior wall of a one or two family dwelling or multiple single family dwellings (townhouses);

(5) Installation of partitions or movable cases less than five feet nine inches in height;

(6) Painting, wallpapering, tiling, carpeting, or other similar finish work.

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 any of the codes, rules and regulations of the Town 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 Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an agent of the owner with written authorization. The application shall include such information and documentation 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, and all relevant provisions of the Town Code. The application shall include or be accompanied by at least 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 proposed or 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 three 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, the Energy Code and all other provisions of federal, state and local law; and

(e) Where applicable, include a site plan that shows existing and proposed buildings and structures on the site, the location of existing and proposed well and/or septic system, the location of the intended work, and the distances between the existing and proposed buildings and structures and the lot lines.

(6) Copies of any and all other approvals, permits, and plans required by the Town, the state, and the federal government.

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 Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, one set will be provided to the Town Engineer, 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, the Energy Code, the Town Code and all other required permits and approvals. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, the Energy Code, the Town Code and all other required permits and approvals and, where the building permit is sought pursuant to a site development plan, development approval plan and/or wetland permit and/or major grading permit, the issuance of such building permit shall require the prior written approval of the Town Engineer and/or Town Wetland Inspector, as applicable.

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 and a final certificate of occupancy issued.

H. Work to be 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 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 (and other amended approvals, as relevant) reflecting such change is approved and issued.

I. Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months 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 Code Enforcement Officer.

J. Permit nontransferable.

(1) Building permits may be issued only to the record owner of the property upon which construction is proposed. Building permits are nontransferable. If ownership of the property changes prior to the completion of construction and issuance of a certificate of occupancy, the existing permit shall expire, all work shall cease and the new owner shall apply for a new building permit to complete construction.

(2) No building permit shall be issued, or, if issued, shall be forthwith revoked and all work hereunder immediately stopped, where it appears to the Code Enforcement Officer that the owner proposes to build only a part of the building and intends the balance to be finished by a purchaser or transferee.

K. Renewal of permit.

(1) Building permits issued for structure(s) which are evaluated in excess of $10,000 shall be permitted to be renewed twice at a fee of half of the original building permit fee. After the second renewal the permit application shall be reviewed by the Code Enforcement Officer, and the cost of renewal shall be calculated as for a new permit based on the current permit fee schedule.

(2) The fee for either or both of the two authorized building permit renewals specified in Subsection K(1) above may be reduced or waived by the Town Board upon written application of the permit holder, and upon showing a personal financial hardship. Repayment of so much of such fee as was reduced or waived shall be a condition of issuance of a certificate of occupancy for the complete work for which the building permit was issued.

L. Previously issued building permits.

[Added 9-21-2011 by L.L. No. 3-2011[1]]

(1) Unexpired building permits issued within one year prior to the adoption of L.L. No. 2-2011 (i.e., May 11, 2011) shall remain valid for a term of one year following their original issuance, whether or not the work authorized thereby has been commenced, subject to no more than two one-year renewals under Subsection K hereof;

(2) Unexpired building permits issued more than one year prior to the adoption of L.L. No. 2-2011 (i.e., May 11, 2011) may be renewed subject to Subsection K hereof, provided the aggregate term of the permit, with extension(s), shall not exceed three years from date of original issuance;

(3) Unexpired building permits issued prior to the adoption of L.L. No. 2-2011 (i.e., May 11, 2011), and renewed for more than two years following the expiation date of the original permit, shall expire at the end of their present term and may not be renewed; provided, however, that if the work authorized by the permit was commenced prior to May 11, 2011, a single one-year extension of the permit may be granted by the Code Enforcement Officer pursuant to Subsection K hereof;

(4) Work on incomplete structures for which a building permit was obtained, but which has expired, shall not be resumed unless the owner obtains a renewal of the original permit, which shall be valid for one year only and shall not be subject to renewal. No renewal permit shall issue if the original permit was issued more than three years prior to May 11, 2011.

(5) Completed structures for which a building permit was obtained, for which no certificate of occupancy has been issued, and for which the building permit has expired, shall not be occupied or put into use until such time as a new building permit has been issued, and until a certificate of occupancy has been obtained. For a period of 90 days following this subsection's enactment, the fee for such building permit shall be assessed as if no building permit has previously been issued. After said ninety-day period, the fee for such building permit shall include those fees which would have been payable if the originally issued building permit had been renewed and, as necessary, reissued.

[1] Editor's Note: This local law also provided for the redesignation of former Subsections L through S as Subsections M through T, respectively.

M. Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error or that the work for which a building permit was issued violates the Uniform Code, the Energy Code or other relevant permits or approvals, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:

(1) All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and other relevant permits or approvals; and

(2) All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code and all other permits and approvals.

N. Fee. The fee specified in or determined in accordance with the provisions set forth in § 165-91.2, Fees, of this article 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.

O. No building permit shall be issued or be renewed, nor shall an amended building permit be issued, unless all real property taxes have been paid with respect to the parcel for which the building permit, permit renewal, or amended permit is sought.

P. No building permit shall be issued on a new Subsection road until the right-of-way has been cleared, the topsoil has been removed, the Item 4 and the base course of asphalt have been laid and the drainage and gutters have been put in place from the existing town, county or state road to a point beyond the road frontage of the lot and all of the aforesaid have been approved by the Highway Superintendent and the Town Engineer.

Q. Notices of violation.

(1) No application for a building permit, building permit renewal, or amended building permit shall be entertained for a property where a notice of violation has been issued under this chapter or any other local law or ordinance of the Town unless the issuance of such building permit, building permit renewal or building permit amendment, together with such other approvals as may be required by the Town, will result in the correction of said violation. Unless waived by the Code Enforcement Officer for good cause shown in writing by the applicant, and except as otherwise stated below, all activities on the site for which a building permit, building permit renewal, or amended building permit is sought shall cease pending the determination of said application.

(2) The application and permit fees for those applications subject to Subsection M above shall be double the fees which would apply to an application for which no notices of violation are outstanding.

(3) Prior to Code Enforcement Officer review of any building permit, building permit renewal, or building permit amendment application subject to Subsection M above, disturbed areas on the property in question shall be stabilized and any unpermitted construction stabilized and sealed to the satisfaction of the Code Enforcement Officer.

(4) In all cases subject to Subsection M hereof, relief granted by the Code Enforcement Officer shall expressly be made subject to the assessment of a civil penalty by the Town Board pursuant to § 165-101D[2] of this chapter, or to the Town Board's waiver of such penalty.

[2] Editor's Note: See § 165-91.2, Penalties for offenses.

R. No certificate of occupancy shall be issued for the last 25% of the lots, where the improvements are guaranteed by a security, unless it is determined by the Planning Board or its duly authorized representatives or agents that both of the following conditions have been complied with:

(1) Status of street improvements. The improvement of the street or streets and driveway giving access to the structure shall have been completed in accordance with all applicable Town ordinances, rules and regulations and to the satisfaction of the Town Highway Superintendent and Town Engineer up to and including the following stages:

(a) All surface and subsurface drainage facilities are completed except for adjusting of catch basin, drop inlet and manhole frames, grates and covers to final grade.

(b) Roadway subbase, base, first course pavement, bituminous concrete curbing and sidewalks, if required, are completed.

(c) Roadway shoulders and slopes within the right-of-way of streets and within all slope easements are final graded and stabilized with vegetative or other approved surface cover.

(d) All driveway grading, base, pavement, drainage and surface restoration improvements serving the structure for which the certificate of occupancy is requested are completed.

(2) Maintenance agreements. Written agreements have been filed with the Putnam County Clerk for the maintenance of the street or streets, including snow removal and sanding, during the period between the issuance of any certificates of occupancy and the acceptance (if any) of the fully completed street by the Town Board. If the street is not to be offered for dedication to the Town, or is not accepted for dedication by the Town, such an agreement will have been required as a condition of Planning Board final approval.

S. Any person, firm or corporation hired to build a new house for profit on property owned by someone other than themselves must post a performance bond in the amount of $50,000 to insure the completion of construction by themselves and their subcontractors.

(1) This subsection shall apply to the construction of new single-family homes only.

(2) This subsection shall not apply to:

(a) The repair, replacement, remodeling, installation, construction, alteration, conversion, modernization, beautification, improvement or addition to an existing structure or portion thereof.

(b) The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials on a new single-family residence.

(c) The construction of a new single-family residence by the owner of the property upon which the residence is being constructed.

T. False information on application. If any of the statements contained in the application for such permit, or in any of the plans or surveys or maps submitted in conjunction therewith, are false or untrue in any respect, the Code Enforcement Officer, the Zoning Board of Appeals or the Town Board may order the said permit revoked and/or the construction of the building stopped, and such revocation or stoppage may in like manner be exercised if the construction of the building or of the sewage disposal facilities therefor or of the water supply systems specified in the plans have not been approved by the State Board of Health, or shall in any way violate, contravene or fail to comply with the permits and plans issued and approved by the Code Enforcement Officer.

§ 165-83 Construction inspections.

A. 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. 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 (an as-built survey showing the completed foundation location and first floor elevation shall be submitted to the Code Enforcement Officer prior to further construction. If the foundation and first floor elevation are not located as shown on the approved plans, owner shall submit an amended building permit application and, as necessary, obtain variances and/or an amended site plan and/or development approval plan.);

(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) Inspection required by Town Code Chapter 102 (Stormwater Management and Erosion and Sedimentation Control); and

(11) 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 or other relevant permits or approvals. Work not in compliance with any applicable provision of the Uniform Code or Energy Code or any other required permit or approval, shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code and all other permits and approvals, reinspected, and found satisfactory as completed.

D. Fee. The fee specified in or determined in accordance with the provisions set forth in § 165-91.2, Fees, of this article must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 165-84 Stop-work orders.

A. 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) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code or any other permits or approvals, 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) 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) 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:

(1) Be in writing;

(2) Be dated and signed by the Code Enforcement Officer;

(3) State the reason or reasons for issuance; and

(4) If applicable, state the conditions which must be satisfied before work will be permitted to resume.

C. 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 or by 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 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 § 165-91.1, Penalties for offenses, of this article 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.

§ 165-85 Certificates of occupancy.

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 sub classification to another. No building or structure, or portion thereof, for which a building permit was previously issued may be occupied or utilized until a certificate of occupancy has been issued therefor.

B. Issuance of certificates of occupancy.

(1) The Code Enforcement Officer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with the plans upon which said permit was based, and with all applicable provisions of the Uniform Code, the Energy Code, all other provisions of the Town Code, and other relevant permits and approvals, 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, and all other provisions of the Town Code, and all other relevant permits and approvals. 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. 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, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy:

(a) An as-built survey showing the completed construction and related site work (if any);

(b) A written certification by the Town Engineer that the completed construction and site work are compliant with any approvals granted by the Planning Board and/or Zoning Board of Appeals and other jurisdictional agencies;

(c) A written statement of structural observations and/or a final report of special inspections, and

(d) Flood hazard certifications.

(2) No certificate of occupancy shall be issued for a structure on a lot to be accessed by a new Subsection road until the road has been completed from its connection to a public road to a point beyond the frontage of the lot in question, and approved by the Town Highway Superintendent and Town Engineer.

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;

(3) The owner's name, and the 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 (including, but not limited to, any imposed by the Town Planning Board and/or Zoning Board of Appeals); and

(10) The signature of the Code Enforcement Officer issuing the certificate of occupancy and the date of issuance.

D. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy was issued in error, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer and a new certificate of occupancy issued within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

E. Fee. The fee specified in or determined in accordance with the provisions set forth in § 165-91.2, Fees, of this article must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate.

§ 165-86 Notification regarding fire or explosion.

The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.

§ 165-87 Unsafe buildings and structures.

Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Local Law Number 6 of 1981, as now in effect or as hereafter amended from time to time, being designated as Chapter 66 in the Town Code.

§ 165-88 Operating permits.

A. Operating permits required.

(1) In addition to any and all other permits and/or approvals required by the Town Code, 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 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;

(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.

(2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain, in addition to any and all other permits and/or approvals required by Town Code, an operating permit prior to commencing such activity or operation.

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 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. 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. 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. 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. 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.

G. Fee. The fee specified in or determined in accordance with the provisions set forth in § 165-91.2, Fees, of this article must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 165-89 Fire safety and property maintenance inspections.

A. Inspections required. Fire safety 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) Fire safety 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) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

(3) Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 24 months.

B. Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety 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) The request of the owner of the property to be inspected or an authorized agent of such owner;

(2) 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, the Energy Code, or any other chapter of the Town Code or of any Certificates or approvals issued thereunder 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 article shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807b. Notwithstanding any other provision of this section to the contrary:

(1) The Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;

(2) The Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;

(3) The Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and

(4) The Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a non residential building, structure, use or occupancy not included in Subsection A(1) or (2) this section if OFPC performs fire safety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.

D. Fee. The fee specified in or determined in accordance with the provisions set forth in § 165-91.2, Fees, of this article must be paid prior to or at the time each inspection performed pursuant to this section. This Subsection shall not apply to inspections performed by OFPC.

§ 165-90 Complaints.

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, any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code and any other provision of the Town Code which the Code Enforcement Officer is empowered to enforce. 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 § 165-91.2, Penalties for offenses, of this article;

[Amended 2-20-2013 by L.L. No. 2-2013]

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.

§ 165-91 Recordkeeping.

A. The Code Enforcement Officer 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 building permits, certificates of occupancy, temporary certificates, stop-work orders, and operating permits issued;

(4) All inspections and tests performed;

(5) All statements and reports issued;

(6) All complaints received;

(7) All investigations conducted;

(8) All other features and activities specified in or contemplated by §§ 165-82 through 165-89, inclusive, of this article, including; and

(9) All fees charged and collected.

B. 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 required by state law and regulation.

§ 165-91.1 Program review and reporting.

A. The Code Enforcement Officer shall annually submit to the Town Board 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 § 165-90, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.

B. The Code Enforcement Officer shall annually submit to the Secretary of State, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code.

C. 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 Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code.

§ 165-91.2 Penalties for offense.

A. Compliance orders. 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 or any other provision of the Town Code or any Certificates or approvals issued thereunder. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Code Enforcement Officer; 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 law which is/are violated by the specified condition or activity; specify the period of time which the Code Enforcement Officer 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 (including, but not limited to, the imposition of fines and/or civil penalties hereunder). The Code Enforcement Officer 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 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 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 Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code, and of any other provision of the Town Code which the Code Enforcement Officer is empowered to enforce.

C. Penalties for violation of the Uniform Code.

(1) Any person, having been served with a compliance order under Subsection A above, who fails to comply with such order within the time specified therein, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, and any other person who shall knowingly violate any provision of the Uniform Code or of any lawful order of the Town, shall be punishable by a fine of $1,000 per day of violation.

[Amended 10-5-2016 by L.L. No. 5-2016]

(a) For a first offense, a fine of not less than $2,000, but no more than $3,000 per day of violation for a second offense.

(b) A fine of $3,000 per day of violation for a third offense.

(c) In the event the offense is one of adding fill to land, in addition to the above, an additional fee of $50 per yard of unlawfully added fill as determined by the Code Enforcement Officer.

(2) In addition to the criminal penalties specified above, the Town may seek injunctive relief pursuant to Executive Law § 382(3).

D. Penalties for violations of this chapter not constituting violations of the Uniform Code.

(1) Any person, having been served with a compliance order under Subsection A above, who fails to comply with such order within the time specified therein and any owner, lessee, tenant, occupant, architect, builder or agent of any of them; any person who violates or is accessory to the violation of any provision of this chapter; who owns, occupies or uses any building, structure or premises which is in violation of any provision of this chapter; who fails to comply with any of the requirements thereof; or who erects, constructs. alters, enlarges, converts, moves or maintains any building, structure or land in violation of any provision of this chapter not constituting a violation of the Uniform Code shall constitute a violation of law and shall be punishable by:

[Amended 10-5-2016 by L.L. No. 5-2016]

(a) A fine not exceeding $1,000 for a first offense;

(b) A fine not less than $1,000 nor more than $2,000 for a second offense (where both offenses have occurred within a period of five years);

(c) A fine not less than $2,000 nor more than $3,000 for a third or subsequent offense.

E. Remedies not exclusive. No remedy or penalty specified in this article shall be the exclusive remedy or penalty available to address any violation described in this article, and each remedy or penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this article, in § 165-84, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this article, in § 165-84, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this article shall be in addition to, and not in substitution for or limitation of, the penalties specified in § 382 of the Executive Law and § 268 of the Town Law, and any remedy or penalty specified in this article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in § 382 of the Executive Law and § 268 of the Town Law.

§ 165-91.3 Fees.

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, temporary certificates, operating permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this article.