In this chapter, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Town stating that work was done
in compliance with approved construction documents and the codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to and approved by the Town, and
indicating that the building or structure, or portion thereof, is
in a condition suitable for occupancy.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard System for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
49-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The chief of the fire department providing firefighting services
for a property within the 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 buildings, structures, and equipment and conditions of
imminent danger in the Town shall be identified and addressed in accordance
with the following procedures:
A. Abatement of unsafe buildings. All buildings or structures which
are structurally unsafe, unsanitary or not provided with adequate
egress or which constitute a fire hazard or are otherwise dangerous
to human life or which in relation to existing use constitute a hazard
to safety or health by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment are, severally, for the purpose of this
section, unsafe buildings. All such unsafe buildings are hereby declared
to be illegal and shall be abated by repair and rehabilitation or
by demolition in accordance with the procedure of this section.
B. Inspections by code enforcement officer. The Code Enforcement Officer
shall examine or cause to be examined every building reported as unsafe
or dangerous and shall make a written record of such examination to
the Town Board. Such examination and report may be made in conjunction
with an engineer or such other expert authorized by the Town Board
for such purpose.
C. Notice of unsafe building. Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building, he shall give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish the building or structure or portion thereof. Such notice shall be in writing, shall state the conditions found to exist and the work necessary to render the building and structure safe, and may be served upon the person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of same by registered mail to the owner at his last known address. Such notice shall also advise of the availability of a hearing before the Town Board as provided for in Subsection
D hereof and shall be filed in the Orange County Clerk's office in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules.
D. Hearing procedures; time limit for compliance.
(1) Upon receipt of notice given pursuant to Subsection
C hereof, the owner, agent or person in control of a subject building or structure shall have the opportunity to present such facts and evidence by experts, including engineers or architects or otherwise, as he may deem necessary, in order to demonstrate that such building is not unsafe, at a hearing before the Town Board at its next regularly scheduled meeting or any special meeting thereof called for such purpose.
(2) A request for such hearing shall be made within 10 days after the service of any notice given pursuant to Subsection
C hereof. Such request shall be in writing and addressed to the Code Enforcement Officer, c/o the Town of Goshen, Goshen, New York 12401. At such hearing the Code Enforcement Officer shall present the facts that gave rise to his determination that such a building was unsafe. A failure to request such hearing within the required time shall be deemed a waiver of the right to a hearing unless the Town Board shall excuse such failure for good cause shown.
(3) After such hearing the Town Board shall confirm the Code Enforcement
Officer's determination or reject the same. If the Code Enforcement
Officer's determination is confirmed, such confirmation shall be in
writing and shall briefly state the reason therefor. Such confirmation
shall be served upon the owner, agent or person in control of the
subject structure or building in the same manner as the Code Enforcement
Officer's notice. If the Town Board shall confirm the Code Enforcement
Officer's determination, the owner, agent or person in control of
the subject structure or building shall have 10 days from service
of the determination of confirmation to comply with the directions
thereof, or such shorter period of time as prescribed by the Town
Board, or shall be deemed to have failed to comply and accordingly
shall be subject to all remedies and penalties otherwise available
to the Code Enforcement Officer or Town Board.
E. Emergency notice and action.
(1) If the Code Enforcement Officer finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the specific repairs and
improvements are completed, inspected and approved by the Code Enforcement
Officer. The Code Enforcement Officer shall cause to be posted at
each entrance to such building the notice: "This building is unsafe
and its use or occupancy has been prohibited by the Building Department."
Such notice shall remain posted until the required repairs are made
or demolition is completed. It shall be unlawful for any persons,
firm or corporation, or their agents or other servants, to remove
such notice without written permission of the Code Enforcement Officer
or for any person to enter the building except for the purpose of
making the required repairs or of demolishing same.
(2) In case of an emergency which, in the opinion of the Code Enforcement
Officer, involves imminent danger to human life or health, he shall
promptly cause such building, structure or portion thereof to be made
safe or removed. For this purpose, he may at once enter such structure
or land on which it stands, or abutting land or structure, with such
assistance and at such cost as may be necessary. He may vacate adjacent
structures and protect the public by appropriate barricades or such
other means as may be necessary and for this purpose may close a public
or private way.
F. Failure to obey notice. In case the owner, agent or person in control shall fail, neglect or refuse to comply with a notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, or a confirmation of the Code Enforcement Officer's determination, the Town Board shall be advised of all the facts in the case and shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in emergencies provided for in Subsection
E hereof, any contract for demolition and removal of a building in excess of the limitation set out in § 103 of the General Municipal Law shall be through competitive bidding.
G. Costs of compelling compliance or effective removal. All costs incurred under Subsections
E and
F of this section shall be paid in the first instance from the general Town funds, shall be a charge upon the lands affected and shall be levied and collected in the same manner as all other Town charges. Such charges shall become a lien when the Town Board shall have finally determined and assessed the same by resolution.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer may deem to be appropriate:
A. 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 §
49-17, Violations; penalties for offenses, of this chapter.
C. If appropriate, issuing a stop-work order.
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Town
Board of the Town. Such fee schedule may thereafter be amended from
time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Town Board of the Town may, by resolution, authorize the
Supervisor of the Town to enter into an agreement, in the name of
the 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.