[HISTORY: Adopted by the Town Board of the
Town of Lloyd by L.L. No. 4-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 42, Building Construction, which consisted of Art. I, Building
Code Adopted, adopted 4-11-1973, and Art. II, Building Construction
Administration, adopted 4-11-1975 by L.L. No. 1-1975, 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 the Town of Lloyd. 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 of the Town Code.
As used in this chapter, the following terms
shall have the meanings indicated:
The appointee of the Town Board authorized and directed to make the initial determination as to whether a proposal delineated in a particular application submitted pursuant to this chapter is in compliance with the requirements of this chapter and Chapter 100, Zoning, and other chapters of the Town Code.
[Added 9-10-2008 by L.L. No. 3-2008]
A permit issued pursuant to § 42-4 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.
The Code Enforcement Officer appointed pursuant to § 42-3B of this chapter and/or the Building Inspector or Zoning Inspector, as set forth in other sections of this Code, or state law, as determined by the Town Board.
Shall include the Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 42-15A of this chapter or other chapters of the Town Code.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 42-3D of this chapter or any other chapter of this Code.
A permit issued pursuant to § 42-10 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.
Shall include 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 § 42-6 of this chapter or any other chapter of this Code.
A certificate issued pursuant to § 42-7D of this chapter.
The Town of Lloyd.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Amended 9-10-2008 by L.L. No. 3-2008]
A.
Building Department Director. The office of Building
Department Director is hereby created.
(1)
The Building Department Director shall administer and enforce the provisions of the New York State Uniform Code, the Energy Code, this chapter of the Town Code, and all other chapters of the Town Code, including Chapter 100, Zoning.
(2)
The Building Department Director shall be a Code Enforcement Officer, as set forth herein, and have such powers and duties as are granted to a Code Enforcement Officer in the Town of Lloyd, along with the additional duty of making determinations exclusively, being authorized and directed to make the initial determination as to whether a proposal delineated in a particular application submitted pursuant to state and federal law and Town Code Chapters 42 and 100 is in compliance with the requirements of said law and Town Code chapters. Such determinations shall only be reviewable by the Town of Lloyd Zoning Board of Appeals, and the determination of the Zoning Board of Appeals shall not be further reviewed, except as otherwise provided by law.
(3)
No application of any nature required to be submitted pursuant to the provisions of this chapter and Chapter 100 shall be granted by any Town official without first obtaining a written verification from the Building Department Director that the proposed use described in said application is permitted in the zoning district where it is proposed to be located or developed and the proposal otherwise appears to be in compliance with the provisions of this chapter and Chapter 100, along with other chapters of the Town Code.
B.
Code Enforcement Officers and inspectors. The office of Code Enforcement Officer is hereby created. A Code Enforcement Officer shall administer and enforce all of the provisions of the Uniform Code, the Energy Code, this chapter of the Town Code, Chapter 100 of the Town Code, and any other chapters of the Town Code applicable. The Code Enforcement Officer shall have the following powers and duties under this chapter of the Town Code but may have others under other chapters of the Town Code or federal or state law. After the Building Department Director's initial review, the Code Enforcement Officers in the Town Building Department shall be authorized to do the following:
(1)
To receive, review, and determine conformance with
the existing codes of the Town of Lloyd for applications for subdivisions
and site plans, along with construction. Upon approval of conformity
of plans, the Building Department will transmit the application to
the appropriate board for review. If any plans are denied for nonconformity,
the Building Department will, upon the applicant's request, refer
the application to the Zoning Board of Appeals for review of the denial;
(2)
To receive, review and approve or disapprove applications
for building permits, certificates of occupancy/certificates of compliance,
temporary certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(3)
Upon approval of such applications, to issue building
permits, certificates of occupancy/certificates of compliance, temporary
certificates and operating permits, and to include in building permits,
certificates of occupancy/certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(4)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy/certificates
of compliance, 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;
(5)
To issue stop-work orders;
(6)
To review and investigate complaints;
(7)
To issue orders pursuant to § 42-15A, Compliance orders, of this chapter or other chapters of the Town Code;
(8)
To maintain records;
(9)
To collect fees as set by the Town Board of this Town;
(10)
To pursue administrative enforcement actions and proceedings;
(12)
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, Chapter 100, Zoning, and this chapter of the Town Code, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, the Zoning Code, or this chapter; and
(13)
To exercise all other powers and fulfill all other
duties conferred upon the Code Enforcement Officer by this chapter
of the Town Code and any other chapter of the Town Code or state or
federal law.
C.
Code Enforcement Officers shall be appointed by resolution
of the Town Board. A Code Enforcement Officer shall possess background
experience related to zoning, 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.
D.
In the event that the Code Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by resolution 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.
E.
One or more inspectors may be appointed by resolution
of the Town Board to act under the supervision and direction of the
Code Enforcement Officer and to assist the Code Enforcement Officer
in the exercise of the powers and fulfillment of the duties conferred
upon the Code Enforcement Officer 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.
F.
The compensation for the Code Enforcement Officer
and inspectors shall be fixed from time to time by the Town Board
of this Town.
[Added 9-10-2008 by L.L. No. 3-2008[1]]
A.
Zoning regulations and zoning districts are approved
by the Town Board and established by other local laws. No building
or land shall be used or developed and no building shall be erected,
constructed, structurally altered, or demolished, except in conformity
with the regulations herein prescribed in this chapter and other chapters
of the Town Code.
B.
The Building Department Director or his designee is
hereby exclusively authorized and directed to make the initial determination
as to whether a proposal delineated in a particular application submitted
pursuant to this chapter is in compliance with the requirements of
said chapter. Such determination shall only be reviewable by the Town
of Lloyd Zoning Board of Appeals, and the determination of the Zoning
Board of Appeals shall not be further reviewed, except as otherwise
provided by law.
C.
No application of any nature required to be submitted
pursuant to the provisions of this chapter shall be granted by any
Town official without first obtaining a written verification from
the Building Department Director that the proposed use described in
said application is permitted in the zoning district where it is proposed
to be located or developed and that the proposal otherwise appears
to be in compliance with the provisions of this chapter.
D.
An application for zoning verification shall include
but not be limited to the following:
(1)
A description of the permits and/or approvals being
applied for.
(2)
A narrative description of the proposed use and project.
(3)
A clear proposed plot plan with all buildings and
structures shown (both existing and proposed), showing dimensions
of all buildings and structures and the property and building setbacks,
proposed building heights, building floor elevations, road frontages
on public highways and paper streets, zoning district boundaries within
500 feet of the subject property, and existing and proposed property
lines.
(4)
Identifying street address for the proposed project
and the Tax Map number(s) and section, block and lot information for
the subject property.
(5)
Identification of prior variance history, type, specifics,
dates granted, etc.
(6)
Identification of prior Planning Board approval history,
subdivision type, date, etc., site plan approval of project dates,
etc.
(7)
Such other information as the Building Department
Director may deem reasonably necessary to make his determination.
E.
After the Building Department Director has determined
that a proposed use is permitted within the subject zoning district,
said determination shall be transmitted to the appropriate Town officials,
who may then further process the subject application(s). If, as the
subject progresses through the approval process, compliance with any
other requirements of this chapter is identified as an issue(s), the
Building Department Director shall also determine such issue(s) of
compliance with the provisions of this chapter, and such issues must
be resolved before the application(s) being applied for may be granted
by any Town official.
F.
Any determination with respect to a particular application's
compliance or noncompliance with the provisions of this chapter made
by the Building Department Director shall be reviewable by the Zoning
Board of Appeals, and the determination of the Zoning Board of Appeals
shall not be further reviewed unless otherwise provided by law.
[1]
Editor's Note: This local law also repealed
former § 42-4, Building permits.
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 incorporated, where applicable:
(1)
Inspections shall be scheduled by the permit holder
in accordance with the requirements of the Building Department:
(2)
The Code Enforcement Officer shall inspect for:
(a)
Compliance with the standards set forth in the
Uniform Fire Prevention and Building Code;
(b)
Operability of fire emergency systems;
(c)
Fire-resistant construction;
(d)
Fire-resistant penetration;
(e)
Solid-fuel-burning heating appliances, chimney,
flues or gas vents;
(f)
Energy Code compliance.
(3)
A final inspection is to be made by the CEO after
all work authorized by the building permit is 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.
D.
Fee. All fees are determined in accordance with the
provisions set forth in the Town Board's fee schedule, as determined
by the CEO.
A.
Authority to issue. The Code Enforcement Officer is
authorized to issue stop-work orders pursuant to this section or other
sections of the Town Code or applicable state laws. 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 may
be issued orally but within 24 hours shall be reissued (1) in writing,
(2) dated and signed by the Code Enforcement Officer, (3) stating
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 written 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. Refusal to accept certified mail shall constitute personal
service. If no persons above can be located, service may be effected
by posting the stop-work order on the site and mailing it to the site
address, if known, and mailing address, if known.
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. The stop-work order shall be posted on the premises
by the owner or CEO.
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 § 42-15 (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.
A.
Certificates of occupancy required. A certificate
of occupancy shall be required for any work which is the subject of
a building permit and for all structures, buildings, or portions thereof,
which are converted from one use or occupancy classification or 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, and other provisions of Town or state law. 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 (1) that
the building or structure, or the portion thereof covered by the temporary
certificate, may be occupied safely, (2) that any fire- and smoke-detecting
or fire protection equipment which has been installed is operational,
and (3) 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.
F.
Fee. The fee specified in or determined in accordance
with the Town Board's current fee schedule must be paid at the time
of submission of an application for a certificate of occupancy or
for a temporary certificate.
The chief or his deputies of any fire department
and police department providing fire-fighting or police 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, or any other emergency
involving the Uniform Fire Prevention and Building Code or Energy
Code.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter 44 of the Town Code, 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 Tables 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR § 1225.1;
(b)
Hazardous processes and activities, including,
but not limited to, commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public
assembly with an occupant load of 50 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 the Town Board's schedule of fees
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.
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 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.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this subsection, shall be performed at least once every 36 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: (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 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.
D.
Fee. The fee specified in or determined in accordance
with the provisions set forth in the Town Board's fee schedule must
be paid prior to or at the time each inspection is performed pursuant
to 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 chapter of the Town Code 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 § 42-15 (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/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;
(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 § 42-13 (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.
A.
Compliance orders. The Code Enforcement Officer is
authorized to order in writing the remedying of any condition or activity
found to exist in, on or about any building, structure, or premises
in violation of the Uniform Code, the Energy Code, or this chapter.
Upon finding that any such condition or activity exists, the Code
Enforcement Officer shall issue a compliance order as a notice of
such violation. The compliance order shall (1) be in writing; (2)
be dated and signed by the Code Enforcement Officer; (3) specify the
condition or activity that violates the Uniform Code, the Energy Code,
or this chapter; (4) 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; (5) specify the period of time which
the Code Enforcement Officer deems to be reasonably necessary for
achieving compliance; (6) direct that compliance be achieved within
the specified period of time; and (7) 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 registered
mail or 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 registered mail or certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed
by state law, 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 or state law, shall be liable to a civil
penalty of not more than $200 for each day or part thereof during
which such violation continues. The civil penalties provided by this
subsection shall be recoverable in an action instituted in the name
of this Town by the Code Enforcement Officer.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Town, 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, compliance order, 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, compliance order 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 Town, 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 subsection shall be commenced without the appropriate
authorization from the Town Board of this Town.
E.
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 § 42-6 (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 § 42-6 (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 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, certificates of compliance,
temporary certificates, operating permits, firesafety and property
maintenance inspections, and other actions of the Code Enforcement
Officer described in or contemplated by this chapter.
The Town Board of this Town may, by resolution,
authorize the 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.
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 of the Town Code.
