Village of Maybrook, NY Fire Prevention and Building Construction

CODE ENFORCEMENT PERSONNEL

Editor's Note: This local law also repealed former Ch. 99, Fire Prevention and Building Construction, adopted 10-9-1990 by L.L. No. 4-1990, as amended.

§ 99-1 Purpose and intent.

This chapter provides for the administration and enforcement of the New York State Codes (Building Code, Energy Conservation Construction Code, Fire Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Property Maintenance Code and Residential Code of New York State) (hereinafter "the Codes") in the Village of Maybrook ("Village"). This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Code, other New York State law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, situated in the Village are subject to the provisions of this chapter.

§ 99-2 Definitions.

In this chapter, the following terms shall be defined as set forth below:

BUILDING PERMIT

A permit issued pursuant to 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.

CERTIFICATE OF OCCUPANCY

A certificate issued pursuant to § 99-7B of this chapter.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer appointed pursuant to § 99-3B of this chapter.

The Code Enforcement Officer and Deputy Building Inspectors.

COMPLIANCE ORDER

This shall mean an order issued by the Code Enforcement Officer pursuant to § 99-15A of this chapter, including an order to remedy and notice of violation.

INSPECTOR

A Deputy Building Inspector or the Code Enforcement Officer of the Village.

OPERATING PERMIT

A permit issued pursuant to § 99-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.

PERMIT HOLDER

The person to whom a building permit has been issued.

PERSON

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 that owns, leases or otherwise occupies real property or who has contracted with such owner, tenant or occupant of real property to provide construction or demolition services in connection with such real property.

STOP-WORK ORDER

An order issued pursuant to § 99-6 of this chapter.

TEMPORARY CERTIFICATE

A certificate issued pursuant to § 99-7D of this chapter.

UNIFORM CODE or CODE

The New York State Building Code, Energy Conservation and Construction Code, Fire Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Property Maintenance Code and Residential Code, as currently in effect and as hereafter amended from time to time.

VILLAGE

The Village of Maybrook.

§ 99-3 Code Enforcement Officer and Deputy Building Inspectors.

The office of Code Enforcement Officer and the Department of Code Enforcement is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Code and this chapter, in addition to such other regulations as provided by local and state law. The Code Enforcement Officer shall have the following powers and duties:

To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, temporary certificates and operating permits and the plans, specifications and construction documents submitted with such applications;

Upon approval of such applications, to issue building permits, certificates of occupancy, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, temporary certificates and operating permits such terms and conditions as may be appropriate;

To conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy, temporary certificates and operating permits; firesafety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter;

To issue stop-work orders;

To investigate complaints;

To issue orders pursuant to the "Enforcement; penalties for offenses" section[1] of this chapter;

Editor's Note: See § 99-15, Enforcement; penalties for offenses.

To maintain official records of the Department of Code Enforcement;

To collect fees as set by the Board of Trustees of the Village;

To prosecute civil and criminal enforcement actions and proceedings relative to the Code and the Zoning Law of the Village;

To initiate and prosecute legal actions and proceedings to compel enforcement of the Code and this chapter, and to compel abatement or correction of conditions not in compliance with the Code or this chapter, subject to the consent of the Board of Trustees for initiation of proceedings in Village Court, State Supreme Court and Federal District Court; and

To exercise all other powers and to discharge all other duties conferred upon the Code Enforcement Officer by applicable law, the Village Law and the Executive Law of New York State.

The Code Enforcement Officer shall be appointed by the Board of Trustees. The Code Enforcement Officer shall possess experience related to building construction and fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

In the event that the Code Enforcement Officer is unable to serve as such for a period likely to exceed 30 days, for any reason, an individual may be appointed by the Board of Trustees to serve as Acting Code Enforcement Officer during the absence of the 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. During absences of the Code Enforcement Officer likely to be less than 30 days, the Deputy Building Inspector may exercise the authority of the Code Enforcement Officer under the supervision of the Mayor.

One or more Deputy Building Inspectors may be appointed by the Board of Trustees to act under the supervision and direction of the Code Enforcement Officer and the Mayor, to assist the Code Enforcement Officer in the exercise of the powers conferred by this chapter. Each Deputy Building 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 officers and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

The compensation for the Code Enforcement Officer and Deputy Building Inspector shall be fixed from time to time by the Board of Trustees of the Village.

§ 99-4 Building permits.

Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for all work which must comply with the Code, including, but not limited to, the construction, enlargement, structural alteration, removal, relocation or demolition of any building or structure or any portion thereof and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.

Exemptions. No building permit shall be required for work in any of the following categories:

(Reserved)

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

Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above the ground;

(Reserved)

(Reserved)[1]

Editor's Note: Former Subsection B(5), regarding fences not part of an enclosure surrounding a swimming pool or construction site, was repealed 2-26-07.

Construction of temporary motion picture, television and theater stage sets and scenery;

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

Installation of interior partitions and movable cases less than five feet nine inches in height;

Painting, wallpapering, tiling, carpeting, glazing and other similar finish work;

Installation of listed portable electrical generating, plumbing, heating, ventilation, pumping or cooling equipment or appliances;

Replacement of any equipment, provided that the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or

(12)

Repairs, provided that such repairs do not involve:

The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;

The removal or change of any required means of egress from an occupied structure, or the rearrangement of parts of a structure in a manner which impairs egress;

The enlargement, alteration, replacement or relocation of any building system; or

The removal from service of all or part of a permanent fire-protection system for any period of time.

(13)

Tent and canopy, not attached or anchored to a building, for temporary use not to exceed 90 days.

Exemption not deemed authorization to perform noncompliant work. Exemption of a structure from the requirement to obtain a building permit in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed that fails to comply with the applicable standards of the Code.

Applications for building permits. Applications for a building permit shall be made in writing on a form provided by 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 necessary to make a determination that the intended work complies with all applicable requirements of the Code. The application shall include or be accompanied by the following information and documentation:

A description of the proposed work;

The Tax Map number and the street address of the premises where the work is to be performed;

The occupancy classification of any affected building or structure;

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

At least three sets of construction documents (drawings and/or specifications) which:

Define the scope of the proposed work;

Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law or local regulation;

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

Substantiate that the proposed work will comply with the Code; and

(e)

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

Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the application requirements set forth in this chapter. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site and shall be available for use by 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 and all other necessary requirements have been satisfied. All notations to the plans by the Code Enforcement Officer shall be construed to be required modifications of the plans which shall be a condition to be satisfied for issuance of a certificate of occupancy.

Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work will be in compliance with the applicable requirements of the Code and other applicable building and zoning laws. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Code.

Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed and a certificate of occupancy has been issued.

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 state this requirement. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall state this requirement. If the Code Enforcement Officer determines that such change warrants issuance of an amended building permit, such change shall not be made until and unless a new or amended building permit is issued.

Time limits. Building permits shall lapse unless the authorized work is commenced within 12 months following the date of issuance. Building permits shall expire 12 months after the date of issuance unless the work is completed within that time. A building permit which has lapsed or which has expired may be renewed upon application by the permit holder, payment of the applicable fee, and reapproval of the application by the Code Enforcement Officer.

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 in the application, that the work for which a building permit was issued violates the Code, or that work was buried or enclosed without an inspection, the building permit may be revoked or suspended until such time as the permit holder demonstrates that:

All completed work is in compliance with all applicable provisions of the Code; and

All work proposed to be performed shall be in compliance with all applicable provisions of the Code.

Fee. The fee specified in or determined in accordance with the provisions set forth in the "Fees" section[2] 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.

[2]

Editor's Note: See § 99-17, Fees.

§ 99-5 Construction inspections.

Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or Deputy Building Inspector. 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. Failure to notify the Code Enforcement Officer before burying or enclosing work that requires inspection shall result in revocation or suspension of the building permit until proof that the work complies with the Codes is accepted by the Code Enforcement Officer.

Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

Work site prior to the issuance of a building permit;

Footing and foundation;

Preparation for concrete slab;

Framing;

Building systems, including underground and rough-in;

Fire-resistant construction;

Fire-resistant penetrations;

Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

Energy Conservation and Construction Code compliance;

A final inspection after all work authorized by the building permit has been completed; and

Property boundaries in relation to work site.

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 Code. Work not in compliance with the applicable provisions of the Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Code, reinspected, and found satisfactory as completed.

Fee. The fee specified in or determined in accordance with the provisions set forth in the "Fees" section[1] of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

Editor's Note: See § 99-17, Fees.

§ 99-6 Stop-work orders.

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 stop:

Work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the 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

Work that is being conducted in a dangerous or unsafe manner in the judgment 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

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.

Content of stop-work orders. Stop-work orders shall:

Be in writing;

Be dated and signed by the Code Enforcement Officer;

State the reason or reasons for issuance and the citation of the specific Code requirement and

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

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) in person or by registered mail or certified mail. The Code Enforcement Officer may 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 on the real property affected by the stop-work order, in person or by registered mail or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not impair the enforceability of the stop-work order.

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 and secure the job site which is the subject of the stop-work order.

Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy to enforce the Code. 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 of the Code Enforcement Officer to pursue any other remedy or impose any other penalty under the "Enforcement; penalties for offenses" section[1] of this chapter or under any other applicable local or state law. Any other such remedy or penalty may be claimed at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

Editor's Note: See § 99-15, Enforcement; penalties for offenses.

§ 99-7 Certificates of occupancy.

Certificates of occupancy required. A certificate of occupancy shall be required for all work which is the subject of a building permit and for all structures or 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 lawful only after issuance of a certificate of occupancy.

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 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 Code. The Code Enforcement Officer or a Deputy Building Inspector 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 Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy:

A written statement of structural observations and/or a final report of special inspections; and

Flood hazard certifications.

Contents of certificates of occupancy. A certificate of occupancy shall contain the following information:

The building permit number, if any;

The date of issuance of the building permit, if any;

The name, address and Tax Map number of the property;

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;

The use and occupancy classification of the structure;

The type of construction of the structure;

The assembly occupant load of the structure, if any;

If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

Any special conditions imposed in connection with the issuance of the building permit;

The signature of the Code Enforcement Officer issuing the certificate of occupancy and the date of issuance; and

Compliance of the structure with manufacturer's installation specifications, including use of correct materials and applications of systems.

Temporary certificate.

The Code Enforcement Officer may issue a temporary certificate allowing the occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines:

That the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely;

That any fire- and smoke-detecting or fire protection equipment which has been installed is operational; and

That all required means of egress from the building or structure have been provided.

The Code Enforcement Officer may include in a temporary certificate such terms and conditions appropriate to ensure safety or to further the purposes and intent of the 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.

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 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 may revoke or suspend such certificate with notice to the owners and occupants of the real property affected by such order.

Fee. The fee specified in or determined in accordance with the provisions set forth in the "Fees" section[1] of this chapter must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate of occupancy.

Editor's Note: See § 99-17, Fees.

§ 99-8 Notification regarding fire or explosion.

The Chief of the Fire Department providing fire-fighting services for real property within the Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 99-9 Unsafe building and structures.

Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter 81 of the Code of the Village of Maybrook, as now in effect or as hereafter amended from time to time, and by applicable provisions of the Property Maintenance Code and the Fire Code of New York State.

§ 99-10 Operating permits.

Operating permits required.

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

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;

Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;

Use of pyrotechnic devices in assembly occupancies;

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(e)

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of the Village.

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.

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 requires to permit a determination that quantities, materials, and activities comply with the requirements of the Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify compliance, such tests or reports shall be performed and provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the owner and applicant.

Inspections. The Code Enforcement Officer or a Deputy Building Inspector shall inspect the subject premises prior to the issuance of an operating permit.

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.

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 with due consideration of site characteristics, impact of the use on the character of the neighborhood and specific safety considerations. 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.

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.

Fee. The fee specified in or determined in accordance with the provisions set forth in the "Fees" section[1] of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissuance or renewal of an operating permit.

Editor's Note: See § 99-17, Fees.

§ 99-11 Firesafety and property maintenance inspections.

Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer at the following intervals:

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.

Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

Firesafety and property maintenance inspections of all occupied or vacant multiple dwellings not included in Subsection A(1) or (2), and all occupied or vacant nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 12 months, in accordance with applicable provisions of this chapter and Chapter 144, Annual Housing Safety Inspections.

[Amended 3-24-2008 by L.L. No. 2-2008]

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 at any time upon 1) the request of the owner or occupant of the property to be inspected; 2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the 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 Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection of any place, under any circumstances, where a court order or administrative inspection warrant authorizing such inspection is required due to the lack of consent of the owners or occupant, unless such court order or warrant shall have been obtained.

Fee. The fee specified in or determined in accordance with the provisions set forth in the "Fees" section[1] of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section.

Editor's Note: See § 99-17, Fees.

§ 99-12 Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Code, this chapter, or any other chapter or regulation adopted by the Village for administration and enforcement of the 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:

Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

If a violation is found to exist, serving 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 the Enforcement; penalties for offenses section[1] of this chapter;

Editor's Note: See § 99-15, Enforcement; penalties for offenses.

If appropriate, a stop-work order;

If a violation which is 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.

§ 99-13 Recordkeeping.

The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:

All applications received, approved or denied;

All plans, specifications and construction documents approved;

All building permits, certificates of occupancy, temporary certificates, stop-work orders, and operating permits issued;

All inspections and tests performed;

All statements and reports issued;

All complaints received;

All investigations conducted; and

All fees charged and collected.

Such records shall be public records, excepting those that the Information Access Officer of the Village determines to be subject to an exception of the Freedom of Information Law. Such records shall be open for public inspection during normal business hours of the Village. 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.

§ 99-14 Program review and reporting.

The Code Enforcement Officer shall annually submit to the Board of Trustees a written report and summary of all business conducted by the Department of Code Enforcement, including a report and summary of all transactions and activities described in the "Recordkeeping" section[1] of this chapter and a report and summary of all appeals or litigation pending or concluded.

Editor's Note: See § 99-13, Recordkeeping.

The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the 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 Code.

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

§ 99-15 Enforcement; penalties for offenses.

[Amended 3-23-2015 by L.L. No. 3-2015]

Compliance with orders.

The Code Enforcement Officer is authorized to order in writing the correction of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Code and this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue an order to remedy. The order to remedy shall:

Be in writing;

Be dated and signed by the Code Enforcement Officer;

Specify the condition or activity that violates the Code or this chapter;

Specify the provision or provisions of the Code and this chapter which is/are violated by the specified condition or activity;

(e)

Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance, which shall be fixed at 30 days following the date of the order to remedy, or such lesser period of time which the Code Enforcement Officer, upon supporting reasons set forth in writing, deems to be reasonably necessary for achieving compliance;

(f)

Specify such date that compliance shall be achieved, which must in any event be fully achieved and remedied within 30 days of the date of the order;

(g)

Direct that compliance be achieved within the specified period of time;

(h)

State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time; and

(i)

Contain a statement substantially similar to the following:

"NOTICE: Full compliance with this order to remedy is required by [specify date], which is 30 days after the date of this order, unless a different date is specified with supporting reasons therefor. If the person or entity served with this order to remedy fails to comply in full with this order to remedy within the thirty-day period, or such other date as noted herein, that person or entity will be subject to a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both."

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 of the date of the order. 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 impair the enforceability of the compliance order.

Appearance tickets. The Code Enforcement Officer and the Deputy Building Inspector are authorized to issue appearance tickets for any violation of this chapter and the Village Code.

Civil penalties. In addition to those penalties prescribed by State law, any person who violates any provision of the Code or this chapter, or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer, 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 any action or proceeding instituted in the name of the Village in the Village Court or Supreme Court for violations prosecuted by the Code Enforcement Officer.

Injunctive relief. An action or proceeding in equity may be instituted in the name of the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Code or this chapter or any term or condition of any building permit, certificate of occupancy, 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 Code, this chapter, or any stop-work order, order to remedy or other order obtained under the Code or this chapter, an action or proceeding may be commenced in the name of the Village, in the Supreme Court or in any other court having jurisdiction, to obtain an order compelling the removal of the building or structure or an abatement of the violations of such provisions. No action or proceeding described in this subsection shall be commenced without authorization by the Board of Trustees.

Any person, firm or corporation who or which violates any provision of the Code or any rule or regulation of this chapter, or the terms or conditions of any certificate of occupancy issued by the Building Inspector, shall be liable to a fine of not more than $1,000 for each day that the violation continues, or imprisonment not exceeding one year, or both. Any corporation that is guilty of violating this chapter or the Code may be subject to a fine equal to twice the amount of profit that such corporation made arising from such violations, as provided in § 80.10 of the Penal Law of the State of New York.

Remedies not exclusive. The remedies and penalties specified in this section shall not be the exclusive remedies or penalties available to enforce compliance with the Code, 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 the stop-work orders[1] section 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 the stop-work orders section 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.

Editor's Note: See § 99-6, Stop-Work Orders.

Prohibited acts; penalties for offenses.

It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter or to fail to comply with a notice or order of the Code Enforcement Officer or to conduct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.