[HISTORY: Adopted by the Town Board of the
Town of Wilson 2-21-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Inspector — See Ch. 5.
Subdivision of land — See Ch. 112.
Unsafe buildings — See Ch. 54.
Zoning — See Ch. 127.
[1]
Editor's Note: This local law also repealed
former Ch. 71, Fire Prevention and Building Construction Administration,
adopted 12-3-1990 by L.L. No. 4-1990, as amended.
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 Town. This chapter is
adopted pursuant to § 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, other state law,
or other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit issued pursuant to § 71-4 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 § 71-7B of this chapter.
The Code Enforcement Officer appointed pursuant to § 71-3B of this chapter.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 71-15A 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 § 71-3D of this chapter.
A permit issued pursuant to § 71-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
An order issued pursuant to § 71-6 of this chapter.
A certificate issued pursuant to § 71-7D of this chapter.
The Town of Wilson.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
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)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, temporary certificates
and operating permits, and the plans, specifications and construction
documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, certificates of occupancy, temporary certificates and operating
permits, and to include in building permits, certificates of occupancy,
temporary certificates 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, temporary
certificates and operating permits, firesafety and property maintenance
inspections, inspections incidental to the investigation of complaints,
and all other inspections required or permitted under any provision
of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of this Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Town's attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code or this chapter; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by
majority vote of the Town Board. 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.
In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by majority vote of 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 inspectors may be appointed by majority
vote 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 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.
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Town Board
of this Town.
[Amended 11-7-2018 by L.L. No. 3-2018]
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions.
No building permit shall be required for work in any of the following
categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area is less than 144 square
feet (13.38 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
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;
(4)
Construction of retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(5)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(6)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(7)
Installation of partitions or movable cases less than five feet nine
inches in height;
(8)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(9)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(10)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(11)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress; or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications
for building permits. Applications for a building permit shall be
made in writing on a form provided by or otherwise acceptable to the
Code Enforcement Officer. The application shall be signed by the owner
of the property where the work is to be performed or by an authorized
agent of the owner. The application shall include such information
as the 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)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing and
proposed buildings and structures on the site, the location of any
existing or proposed well or septic system, the location of the intended
work, and the distances between the buildings and structures and the
lot lines.
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, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance
of building permits. An application for a building permit shall be
examined to ascertain whether the proposed work is in compliance with
the applicable requirements of the Uniform Code and Energy Code. The
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.
Display
of permit. The permit shall be properly posted in a conspicuous place
at the premises for which it was issued so as to be easily inspected.
The permit shall be posted at all times during the performance of
the work and shall not be removed until the project is completed to
the satisfaction of the Town. A property owner and/or permit holder
who fails to post a permit as required by this section shall be in
violation of this chapter.
H.
Nontransferability
of permit. No person shall permit or allow a permit to be posted at
a premises other than the premises for which the permit was issued.
The property owner to whom the permit was originally issued and the
owner of the property on whose property the permit is unlawfully posted
shall be strictly liable for a violation of this chapter. In addition
to any other penalty provided for herein, a stop-work order may be
issued by the Town and the permit may be revoked by the Code Enforcement
Officer.
I.
Alteration
of permit. It shall be unlawful to alter, obscure, deface, change
or otherwise tamper with any portion of a building permit issued by
the Town of Wilson. The property owner and/or permit holder shall
be strictly liable for a violation of this section. In addition to
any other penalty provided for herein, a stop-work order may be issued
by the Town, and the permit may be revoked by the Code Enforcement
Officer.
J.
Assignment
of permit. A property owner and/or permit holder may assign a building
permit to the new property owner if the property for which the permit
was issued is sold or transferred before the work under the permit
is completed. A copy of the new deed and the full name, address and
phone number of the new owner(s) of the property shall be provided
in writing to the Code Enforcement Officer within 10 days of the transfer.
Failure to provide evidence of the transfer to the Code Enforcement
Officer within 10 days thereafter shall void the existing permit.
K.
Work
to be performed in accordance with construction documents. All work
shall be performed in accordance with the construction documents which
were submitted with and accepted as part of the application for the
building permit. The building permit shall contain such a directive.
The permit holder shall immediately notify the 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.
L.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within 60 days following the date of issuance. Building
permits shall expire 12 months after the date of issuance unless renewed
by the Code Enforcement Officer.
M.
Renewal of building permit. A building permit may be renewed by the
Code Enforcement Officer for two one-year terms. No more than two
one-year renewals may be granted.
N.
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 all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
O.
Noncompliant property. No building permit shall be issued for construction, enlargement, alteration, or improvement upon a parcel deemed noncompliant by the Code Enforcement Officer in accordance with Chapter 102 of the Town Code. Additionally, no building permit shall be issued for construction, enlargement, alteration, or improvement upon a parcel determined to be unsafe by the Town Board in accordance with Chapter 54 of the Town Code.
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;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the
building permit has been completed.
C.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance
with any applicable provision of the Uniform Code or Energy Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
[Amended 11-7-2018 by L.L. No. 3-2018]
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, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that 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;
or
(4)
Any work that is not in conformance with the building permit application,
plans and/or specifications submitted to the Town at time of issuance
of the permit.
B.
Content
of stop-work orders. Stop-work orders shall be in writing, be dated
and signed by the Code Enforcement Officer, state the reason or reasons
for issuance, and if applicable, state the conditions which must be
satisfied before work will be permitted to resume.
C.
Service
of stop-work orders. The 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 § 71-15, Enforcement; 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.
F.
It shall be unlawful for any person to remove, alter, obscure, deface,
change or otherwise tamper with any portion of a stop-work order that
has been posted by the Town. The property owner and/or permit holder
shall be strictly liable for a violation of this section. In addition
to any other penalty provided for herein, the permit may be revoked
by the Code Enforcement Officer.
A.
Certificates of occupancy. A certificate of occupancy
shall be required for any work which is the subject of a building
permit and for all structures, buildings, or portions thereof, which
are converted from one use or occupancy classification or subclassification
to another. Permission to use or occupy a building or structure, or
portion thereof, for which a building permit was previously issued
shall be granted only by issuance of a certificate of occupancy.
B.
Issuance of certificates of occupancy. The 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
all applicable provisions of the Uniform Code and Energy Code and,
if applicable, the structure, building or portion thereof that was
converted from one use or occupancy classification or subclassification
to another complies with all applicable provisions of the 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.
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:
C.
Contents of certificates of occupancy. A certificate
of occupancy shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable
to an entire structure, a description of that portion of the structure
for which the certificate of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the Code Enforcement Officer issuing
the certificate of occupancy and the date of issuance.
D.
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 that the
building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely, that any fire- and smoke-detecting
or fire protection equipment which has been installed is operational,
and 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.
Revocation or suspension of certificates. If the Code
Enforcement Officer determines that a certificate of occupancy 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 Town 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 Town shall be identified and addressed in accordance with the procedures established by Local Law No. 3-1978 (Chapter 54 of the Code of the Town of Wilson), as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Table 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board of this Town.
B.
Applications for operating permits. An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the 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 § 71-16, Fees, of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
H.
Conflict of laws. Section 71-10 of this chapter is not intended to supersede Local Law No. 2-1982[1] and related amendments. This chapter shall be deemed subordinate
to Local Law No. 2-1982 in every manner should any part of this chapter
or parts thereof come in conflict with the previously enacted statute.
A.
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)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly,
as defined in Part 606 of Title 9 of the Official Compilation of Codes,
Rules and Regulations, shall be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
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: the request of the owner of the property to be inspected or an authorized agent of such owner; 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 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.
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.
Notwithstanding any other provision of this section to the contrary:
(1)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety 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 firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety 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.
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:
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 § 71-15, 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.
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 §§ 71-4 through 12, inclusive, of this chapter; 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 so required by state
law and regulation.
A.
The Code Enforcement Officer shall annually submit to the Town Board of this Town 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 § 71-13, Recordkeeping, of this chapter 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 behalf of this Town, on a form prescribed
by the Secretary of State, a report of the activities of this Town
relative to administration and enforcement of the Uniform Code.
C.
The 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 this Town
in connection with administration and enforcement of the Uniform Code.
[Amended 11-7-2018 by L.L. No. 3-2018]
The Town Board intends to exercise its authority under § 10(1)(i)
and (ii)(a)(6), (a)(11) and (a)(12); § 10(1)(ii)(d)(3);
and § 10(4)(b) of the Municipal Home Rule Law, § 268(1)
of the Town Law and any other applicable provision of law now or hereinafter
enacted, to supersede and/or expand upon the applicable provisions
of § 268(1) of the Town Law, and any other applicable or
successor law pertaining to the enforcement of local laws and ordinances
in order to impose a penalty and fine structure that best reflects
the needs of the community.
A.
Any person or business entity who commits or permits any acts in
violation of a provision of this chapter or other applicable provision
of the state code shall be deemed to have committed an offense and
shall upon conviction thereof, be subject to a fine or penalty of
not less than $250 and not more than $5,000 for a conviction of a
first offense; upon the conviction of a second offense, where the
offense occurred within two years of the commission of the first offense,
a fine or penalty of not less than $1,000 and not more than $10,000;
and a conviction of a third or subsequent offense, where the offense
occurred within five years of the commission of the first offense,
shall be deemed a misdemeanor punishable by a fine or penalty of not
less than $1,500 and not more than $15,000 or by imprisonment not
exceeding six months, or by both such fine and imprisonment. Each
day or part thereof such violation continues or is permitted to exist
shall constitute a separate offense punishable in like manner. Written
notice of a violation is not a prerequisite for the imposition of
such fine, penalty and/or punishment unless the subject of the prosecution
is the noncompliance with such notice.
B.
Violation of §§ 71-4(A), 71-4(G), 71-7(B), or 71-7(D).
Notwithstanding the provisions of § 71-15(A), any person
or business entity who is the owner or is in charge of property where
a violation of §§ 71-4(A), 71-4(G), 71-7(B), or 71-7(D)
has been committed or exists, or who commits an offense against the
provisions of §§ 71-4(A), 71-4(G), 71-7(B), or 71-7(D),
or has control of the property and permits such offense to exist shall
upon conviction be guilty of an offense, punishable by a fine or penalty
of not less than $250 nor more than $5,000, or by imprisonment not
exceeding 15 days, or by both such fine and imprisonment upon a conviction
of a first offense; upon a conviction of a second offense, within
a period of five years of the first conviction, a fine of not less
than $1,000 nor more than $10,000, or by imprisonment not exceeding
15 days, or by both such fine and imprisonment; and upon conviction
of a third or subsequent offense, within a period of five years of
the first and second conviction, a fine of not less than $1,500 nor
more than $15,000 or by imprisonment not exceeding 30 days, or by
both such fine and imprisonment. Each day, or part thereof such violation
continues, following notification by the Town or service of a summons,
shall constitute a separate offense, punishable in like manner.
C.
Violation of § 71-6(F). Notwithstanding the provisions
of § 71-15(A), any person or business entity who is the
owner or is in charge of property where a violation of § 71-6(F)
has been committed or exists, or who commits an offense against the
provisions of § 71-6(F), or has control of the property
and permits such offense to exist shall be guilty of a misdemeanor,
punishable by a fine or penalty of not less than $500 nor more than
$5,000, or by imprisonment not exceeding 30 days, or by both such
fine and imprisonment upon a conviction of a first offense; upon a
conviction of a second offense, within a period of five years of the
first conviction, a fine of not less than $1,000 nor more than $10,000,
or by imprisonment not exceeding 90 days, or by both such fine and
imprisonment; and upon conviction of a third or subsequent offense,
within a period of five years of the first and second conviction,
a fine of not less than $3,000 nor more than $15,000 or by imprisonment
not exceeding 180 days, or by both such fine and imprisonment. Each
day, or part thereof such violation continues, following notification
by the Town or service of a summons, shall constitute a separate offense,
punishable in like manner.
D.
The occurrence of personal injury. Notwithstanding any other provision of § 71-15 to the contrary, any person or business entity who owns or is in possession and/or control of a building or structure and knowingly permits or allows the building or structure to be occupied or utilized for any purpose without a valid building permit, certificate of permitted use, certificate of occupancy or other necessary town approval having been issued shall be guilty of a misdemeanor in the event an occupant or any person suffers bodily injury or death in connection with such use and/or occupancy and, upon conviction thereof, shall be liable for a fine or penalty of not less than $2,000 and not more than $10,000 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment, and each day or part thereof such violation continues or is permitted to exist shall constitute a separate offense punishable in like manner. Written notice of a violation is not a prerequisite for the imposition of such fine, penalty and/or punishment.
E.
In addition to the criminal penalties set forth herein or in other
applicable law, rule or regulation, the Town Attorney is authorized
to pursue civil and equitable relief, including but not limited to
compensatory actions; civil penalties of not more than $200 per day,
or any part thereof; an action to compel compliance with or to restrain
by injunction the violation of this chapter; and other remedies which
in the opinion of the Town Attorney may seem necessary and proper.
Such civil and equitable relief may be sought in a court of competent
jurisdiction or from a duly appointed hearing officer whenever permitted
by law. Any civil monetary penalty awarded may be added to the tax
bill of the property where the violation has occurred and shall be
collected in the same manner.
F.
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. 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 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. 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.
G.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
H.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 71-6, 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 § 71-6, 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.
I.
No oversight or dereliction of duty on the part of the Town shall
serve to legalize the maintenance, erection, construction, alteration,
modification, razing, or removal of a building or structure, or the
use and/or occupancy of any property, building or structure which
does not conform to the provisions of this chapter or other applicable
local, state and/or federal law, rule, ordinance or regulation.
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, firesafety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Town Board of this Town may, by resolution,
authorize the Town Supervisor of this Town to enter into an agreement,
in the name of this Town, 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.
