[HISTORY: Adopted by the Board of Trustees
of Cuba Village 1-9-2023 by L.L. No. 1-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 105, Fire Prevention and Building Construction, adopted 3-10-2008 by L.L. No. 1-2008, 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 Village. This chapter is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, the Energy Code, other state law, or
other section of this chapter, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions this
chapter.
In this chapter, the following terms shall have the meanings
shown in this section:
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.
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.
A document issued by the Village stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Village,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
The Code Enforcement Officer appointed pursuant to § 105-3B of this chapter.
Includes the Code Enforcement Officer and all inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
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.
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 Systems 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.
An inspector appointed pursuant to § 105-3D of this chapter.
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.
A permit issued pursuant § 105-10 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.
An order issued by the Code Enforcement Officer pursuant to § 105-16A of this chapter.
The person to whom a building permit has been issued.
Includes an individual, corporation, limited liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 105-6 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 105-7D of this chapter.
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 Village of Cuba.
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, certificates of compliance, temporary
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, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary 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;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to pursue
such legal actions and proceedings as may be necessary to enforce
the Uniform Code, the Energy Code, and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy
Code, or this chapter; and
(11)
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 Mayor. 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 Department of State 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, another individual shall be appointed by the
Mayor to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of their 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 the Mayor 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 Department of State 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 Board of Trustees of this
Village.
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 Village 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 does not exceed 144
square feet;
(2)
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
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
(8)
Repairs, provided that the work does not have an impact on fire and
life safety, such as i) any part of the structural system; ii) the
required means of egress; or iii) the fire protection system or the
removal from service of any part of the 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 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 location, nature, extent, and scope of the proposed
work;
(2)
The tax map number and the street address of any affected building
or structure;
(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: i) describe the location, nature, extent, and scope of the
proposed work; ii) show that the proposed work will conform to the
applicable provisions of the Codes; iii) show the location, construction,
size, and character of all portions of the means of egress; iv) show
a representation of the building thermal envelope; v) show structural
information including but not limited to braced wall designs, the
size, section, and relative locations of structural members, design
loads, and other pertinent structural information; vi) show the proposed
structural, electrical, plumbing, mechanical, fire-protection, and
other service systems of the building; vii) include a written statement
indicating compliance with the Energy Code; viii) include a site plan,
drawn to scale and drawn in accordance with an accurate boundary survey,
showing the size and location of new construction and existing structures
and appurtenances on the site, distances from lot lines, the established
street grades and the proposed finished grades, and, as applicable,
flood hazard areas, floodways, and design flood elevations; and ix)
evidence that the documents were prepared by a licensed and registered
architect in accordance with Article 147 of the New York State Education
Law or a licensed and registered professional engineer in accordance
with Article 145 of the New York State Education Law and practice
guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
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, or in the case of electronic media, an electronic marking. 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.
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.
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
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within three 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 subdivision 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.
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: 1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code; 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.
K.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 105-17 (Fees) of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit. The Village Board of Trustees may change fees from time to time by resolution. Such resolution must be approved by a majority of the full voting strength of the Board.
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)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)
Installation, connection, and assembly of factor manufactured
buildings and manufactured homes; and
(11)
A final inspection after all work authorized by the building
permit has been completed.
C.
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.
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 the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.
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.
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 regular and 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
regular and certified; 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,
other than work expressly authorized by the Code Enforcement Officer
to correct the reason for issuing 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 § 105-16 (Violations) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy; certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code and a copy of as-built documents are provided, paper or electronic,
as required by the Code Enforcement Officer. The Code Enforcement
Officer or an inspector authorized by the Code Enforcement Officer
shall inspect the building, structure, or work prior to the issuance
of a certificate of occupancy or certificate of compliance. In addition,
where applicable, the following documents, prepared in accordance
with the provisions of the Uniform Code by such person or persons
as may be designated by or otherwise acceptable to the Code Enforcement
Officer, at the expense of the applicant for the certificate of occupancy
or certificate of compliance, shall be provided to the Code Enforcement
Officer prior to the issuance of the certificate of occupancy or certificate
of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy; certificates of compliance.
A certificate of occupancy or certificate of compliance 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 (if any), address and tax map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy 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 of occupancy unless the Code Enforcement Officer
determines: 1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely; 2) that any required fire and life safety components, such
as fire protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational; and 3) that
all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed three months,
which shall be determined by the Code Enforcement Officer and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, 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, Certification
of compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect 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 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.
Unsafe buildings, structures, and equipment and conditions of
imminent danger in this Village shall be identified and addressed
inaccordance with the following procedures.
A.
General.
(1)
Compliance with state standards. The provisions of this chapter shall
be in addition to and in furtherance of the New York State Uniform
Fire Prevention and Building Code, including and not limited to the
Property Maintenance Code of the State of New York.
(2)
The Code Enforcement Officer shall have the authority to order the
immediate evacuation of any unsafe building. The Code Enforcement
Officer shall order the immediate evacuation of any hazardous building.
(3)
Inspection and report. When in the opinion of the Code Enforcement
Officer, who is hereby designated as the Enforcement Officer of this
chapter, any building or structure or any part thereof, located in
the Village shall be deemed dangerous or unsafe to the public, the
Code Enforcement Officer shall make a formal inspection thereof, and
submit a written report to the Board of Trustees which includes the
findings and recommendations in regard to the building's or structure's
removal, demolition, or repair.
(4)
Order of raze or repair. The Board of Trustees shall thereafter consider
said report and if it finds sufficient grounds to establish that the
building or structure or any part thereof to be dangerous and unsafe
to the public, the Board of Trustees shall order, by resolution, its
removal, demolition, or repair, if the same can be safely repaired.
B.
Notice procedure. The Village Board of Trustees shall order that
a notice be served in regard to the Village Board's finding to
proceed with removal, demolition, or repair. Service may either be
performed personally upon or by certified mail to the owner or the
owner's executors, legal representatives, agents, lessees and
may include any other person having vested or contingent interest
in the premises as shown by the last preceding assessment roll of
the Village or by the records of the County Clerk's office; if
no such person can be reasonably found, then by certified mail, addressed
to his or her last known address and by securely posting a copy of
such notice upon said premises.
(1)
Notice contents. The notice shall contain the following:
(a)
A description of the premises.
(b)
A statement of the particulars for which the building or structure
is unsafe or dangerous.
(c)
An order requiring the same to be made safe and secured, repaired,
demolished, or removed.
(d)
The securing, removal, or demolition of the building or structure
shall commence within 30 days of the service of the notice and shall
be completed within 60 days thereafter.
(e)
Such notice shall further provide that in case the owner or
such persons having interest in the property or structure as herein
described wish to contest the order, that a hearing will be held before
the Village Board of Trustees at a time and place specified in the
notice. In the event that such owner or persons having an interest
shall fail to contest such order and fail to comply with the same,
the Village Board will order the repair, demolition, or removal of
such building or structure and the Village will assess all costs and
expense incurred by the Village in the repair, demolition, or removal
of such building or structure against the land on which such building
or structure is located.
(2)
Notice filing/cancellation.
(a)
A copy of the notice serviced in accordance with this chapter
shall be filled with the Allegany County Clerk's Office which
notice shall be filed by such Clerk in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules,
and shall have the same effect as notice of pendency as therein provided.
(b)
A notice so filed shall be effective for a period of one year
from the date of filing; provided, however, that it may be vacated
upon the order of a judge or justice of a court of records or upon
consent of the Village Attorney.
(c)
The County Clerk shall mark such notice and any record or docket
thereof as cancelled or record upon the presentation and filing of
such consent or a of a certified copy of such order.
C.
Hearing.
(1)
At the time and date specified in the notice to repair, demolish,
or remove, the Village Board of Trustees shall conduct the public
hearing. The Village Board shall allow the representation of testimony
and evidence regarding the conditions of the property with reference
to those particulars contained in the notice. An adjournment may occur
from time to time until the hearing is completed and until all interested
parties are heard.
(2)
At the conclusion of the hearing the Village Board of Trustees shall
determine whether to revoke the order to repair, demolish, or remove,
or continue said order and direct the owner and/or other interested
persons to complete the work within a specified time which shall be
reasonable to the time needed to perform the work and the necessity
to protect the general public.
D.
Failure to comply with order. In the event that the owner and persons
in interest shall fail to comply with the final order of the Village
Board to repair, demolish, or remove, the Village Board shall order
such building or structure to be made safe and secure, repaired, demolished,
or removed and assess all the costs and expense, including the cost
associated with the remedies (attorney fees, etc.) and a charge of
not to exceed 10% of the costs of administration and supervision against
the land on which such building or structure is located at the same
time and in the same manner as general Village taxes.
E.
Emergencies.
(1)
Procedures. In the cases of an immediate danger to the life or safety
of any person or property, unless an unsafe building or structure
is immediately repaired or demolished and the owner or other responsible
person in charge fails to take immediate action or cannot be located
with due diligence, the Code Enforcement Officer shall report such
facts immediately to the Village Mayor, and if the Village Mayor confirms
the findings of the Code Enforcement Officer, the Code Enforcement
Officer shall cause the immediate repair, removal, or demolition of
such unsafe building or structure subject to a due process proceeding.
(2)
If the Enforcement Officer finds that an unsafe building is a hazardous
building, the Enforcement Officer shall post a copy of the DCN upon
such hazardous building. No hazardous building may be occupied, nor
may a hazardous building be re-occupied, until each and all unsafe
and hazardous conditions are remediated. In addition to posting the
DCN, the Enforcement Officer shall cause the following to be posted
at each entrance to a hazardous building that is found to pose an
imminent or immediate danger:
CONDEMNED: THIS BUILDING IS HAZARDOUS AND UNSAFE, ENTRY, USE,
AND OCCUPANCY OF THIS BUILDING HAVE BEEN PROHIBITED BY THE VILLAGE
OF CUBA.
The notice shall also include the reasons for the CEO's
posting the "Do Not Occupy," including citations to specific code
sections being violated, that the owner/occupant has a right to present
reasons why the Code Enforcement Officer's proposed action should
not be taken and the notice of the time within which the owner/occupant
must request the hearing and the manner in which the owner/occupant
must make the request. This is a notice of due process hearing.
Such notice shall remain posted until all required repairs are
made or demolition of the hazardous building is completed. It shall
be unlawful for any person to remove such notice without written permission
of the Enforcement Officer, or for any person to enter a hazardous
building except for the purpose of evaluating the building condition,
making the required repairs, or to demolish such hazardous building.
Further, if the Enforcement Officer determines that an Emergency exists
in relation to such hazardous building, the Enforcement Officer is
also hereby empowered, but not required, to: a) enter any such premises
for the purposes of inspection and investigation, b) promptly cause
any hazardous building or portion thereof to be made safe or removed,
c) order the vacation of adjacent structures, and d) protect the public
by appropriate barricades or such other means as may be necessary,
including the closure of public or private ways.
(3)
The due process hearing shall be held within five days of any request
for a due process hearing by the owner/occupant. The hearing shall
be conducted by the Hearing Officer. The Hearing Officer shall be
the Village Mayor or his/her designee. The Code Enforcement Officer
must appear to present his evidence to the Hearing Officer. The Village
Attorney may assist. It is recommended, but not required, that an
audio or video record of the proceedings be made. The Hearing Officer
shall issue a written decision within seven days of the hearing.
A.
Operating permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1)
Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable maximum allowable quantity tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(b)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(c)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(d)
Chapter 31, "Tents, temporary Special Event Structures and Other
Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
(e)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(f)
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire by products or operating a tire rebuilding plant;
(g)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
(h)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS.
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 500 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(7)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Village Board of Trustees.
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 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.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (7) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 105-11 (Fire safety and property maintenance inspections) of this chapter, as applicable.
D.
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. Such inspections shall
be performed either in-person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
Village sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
E.
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 their discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits. Operating permits shall be issued
for a specified period of time consistent with local conditions, but
in no event to exceed as follows:
(1)
Thirty days for tents, special event structures, and other membrane
structures;
(2)
Sixty days for alternative activities at a sugarhouse;
(3)
One hundred eighty days for all other activities, structures, and operations identified in Subsection A of this section.
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.
G.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
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)
At least once every 12 months for buildings which contain an assembly
area;
(2)
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized inspector that the premises conform 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. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.
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 authorized to perform fire safety and property maintenance inspections 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 a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
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 subdivision 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.
D.
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 or other
authorized entity under Executive Law § 156-e and Education
Law § 807-b.
Notwithstanding any other provision of this section to the contrary,
the Code Enforcement Officer may accept an inspection performed by
the Office of Fire Prevention and Control or other authorized entity
pursuant to §§ 807-a and 807-b of the Education Law
and/or § 156-e of the Executive Law, in lieu of a fire safety
and property maintenance inspection performed by the Code Enforcement
Officer or by an inspector, provided that:
(1)
The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);
(2)
The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is
provided to the Code Enforcement Officer; and
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 § 105-16 (Violations) 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 determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
B.
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
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, certificates of
compliance, 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 condition assessment reports received;
(9)
All fees charged and collected; and
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 Village Trustees a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 105-14 (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 Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village 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, true and complete copies of the records and related materials
this Village is required to maintain; true and complete copies of
such portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.
Orders to remedy. 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. An Order to
Remedy shall be in writing; shall be dated and signed by the Code
Enforcement Officer; shall specify the condition or activity that
violates the Uniform Code, the Energy Code, or this chapter; shall
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; and shall include a statement substantially similar to
the following:
"The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy
by _____ [specify date], which is 30 days after the date of this Order
to Remedy."
The order to remedy may include provisions ordering the person
or entity served with such order to remedy: 1) to begin to remedy
the violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer shall cause the order
to remedy, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail within
five days after the date of the order to remedy. The Code Enforcement
Officer shall be permitted, but not required, to cause the order to
remedy, 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 registered
mail or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.
Appearance Tickets/Prosecutions. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Code. The Code Enforcement Officer and Village
Attorney are authorized to prosecute violations of this chapter in
a court of competent jurisdiction.
C.
Penalties. In addition to such other penalties as may be prescribed
by state law:
(1)
Any person who violates any provision of this chapter or any term,
condition, or provision of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this chapter shall be punishable
by a fine of not more than $250 per day of violation or imprisonment
not exceeding five days per day of violation, or both. Each offense
shall be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense; and
(2)
Any person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any building permit,
certificate of occupancy, certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter shall be liable to pay a civil penalty of not more than $300
for each day or part thereof during which such violation continues
as well as any costs incurred in enforcing this chapter including
reasonable attorney fees. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Village.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced
in the name of this Village, in the Supreme Court or in any other
court having the requisite jurisdiction, to obtain an order directing
the removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subdivision shall be commenced without the appropriate authorization
from the Village Mayor or Village Board of Trustees.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 105-6 (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 § 105-6 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board
of Trustees of this Village. 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 Village Board of Trustees of this Village may, by resolution,
authorize the Mayor of this Village to enter into an agreement, in
the name of this Village, 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.
A.
All Village local laws, ordinances and/or resolutions or portions
thereof regulating the Uniform Fire Prevention and Building Code which
were made effective prior to the effective date of this chapter are
hereby repealed.
B.
This repeal shall not affect or impair any act done or offense committed
or liability, penalty, forfeiture or punishment incurred prior to
the time such repeal takes effect, but the same may be enforced or
prosecuted as fully and to the same extent as if such repeal had not
been effected. Furthermore, all actions and proceedings commenced
under or by virtue of the laws repealed hereby and pending immediately
prior to the taking effect of the repeal of said laws may be prosecuted
and defended to final effect in the same manner as they might if such
provisions were not so repealed.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
