[Adopted 6-24-2008 by Res. No. 239]
The provisions of this article shall apply to
all buildings or structures of truss and or lightweight construction
as determined by the Building Inspector, and to the owner and/or occupant
of all such buildings or structures except as follows:
A.
The requirement to affix the identifying emblem to
each building shall not apply to residential buildings with truss
or lightweight construction components that are part of a planned
real estate development or subdivision if an identifying emblem is
affixed at each entrance to the development or subdivision and can
be readily seen by all emergency and enforcement personnel. This identifying
emblem at the development or subdivision entrances shall be installed
immediately after completion of the first roof system. If determined
necessary by the Code Enforcement Officer (CEO), the Town will affix
said emblem, and all costs incurred will be assessed to the owner.
B.
Any building used in whole or in part for nonresidential
purposes shall not be exempt from the requirements of this article.
As used in this article, the following terms
shall have the meanings indicated:
A structure wholly or partially enclosed within exterior
walls or within exterior and party walls and a roof affording shelter
to persons, animals or property.
The duly appointed Code Enforcement Officer of the Town of
Fallsburg, his deputy or designee or other enforcement officer appointed
by the Town Board.
Any person or individual, or any firm, partnership, association,
limited partnership, sole proprietorship, corporation or any other
business entity or any government agency or entity owning or occupying
a building or structure of truss and/or lightweight construction.[1]
An assembly of materials forming a construction made of component
structural parts for occupancy or use, including buildings.
Structural components assembled from wood members, metal
connector plates or other metal fasteners, wooden I-beams, or any
single-plane frame work of individual structural members, made of
wood and steel, connected at their ends to form a series of triangles
to span a distance greater than there would be possible with any of
the individual members on its own.
A.
Unless exempted by § 100-26A or C above,
the owner and/or occupant of a building of truss or lightweight construction
is required to permanently affix an identifying emblem in a design
prescribed by the Town to the front of the building in a conspicuous
location or securely attached to a rot-resistant post at a minimum
height of three feet at the beginning of the property's driveway entrance
but placed in a location not to interfere with snow removal. The emblem
shall be permanently affixed to either side of the main entrance door
at a height between four and six feet above the ground and shall be
affixed and maintained by the owner and/or occupant of the building.
The identifying emblem will be supplied by the Town at a cost per
emblem as shall be set from time to time by resolution of the Town
Board.[1]
B.
The Building Inspector is authorized to inspect and
identify any buildings to determine whether the building contains
truss or lightweight construction and to require the owner and/or
occupant of such building to permanently affix the identifying emblem
to the front of the building in a conspicuous location or securely
attached to a rot-resistant post at a minimum height of at least three
feet at the beginning of the property's driveway entrance but placed
in a location not to interfere with snow removal. The Building Inspector
shall provide written notice of said requirement to the owner and/or
occupant. The owner and/or occupant shall be required to properly
affix the identifying emblem within 15 days after the mailing date
of such written notice.
C.
If the identifying emblem is damaged, defaced or removed
for any reason, then the owner and/or occupant shall promptly obtain
a replacement emblem from the Town and shall affix said replacement
emblem in the manner prescribed herein. In addition the owner and/or
occupant is required to properly affix the replacement emblem within
10 days after receipt of written notice from the Building Inspector.
The owner and/or occupant shall pay to the Town the cost of said replacement
emblem. The cost of a replacement identifying emblem, if unpaid, shall
be a lien on the real property and shall be assessed against such
property and shall be levied and collected in the same manner as a
real property tax. The Town Board may waive the charge for a replacement
emblem for buildings owned and used by not-for-profit corporations
or other charitable organizations.
The identifying emblem required to be affixed
to a building or post will be of a bright and reflective color or
made of reflective material. The shape of the emblem will be an isosceles
triangle and the size will be approximately 12 inches by six inches.
The following letters, of a size and color to make them conspicuous,
will be printed on the emblem by the Building Department:
This article shall be enforced by the Code Enforcement
Officer and any other officer authorized by resolution of the Town
Board. All enforcement officers are authorized to issue violation
notices and appearance tickets.
Any person convicted of a violation of any provisions
of this article, for a first conviction thereof, shall be guilty of
a violation and shall be subject to a fine not to exceed $100 plus
an additional $25 for each day the violations continues, or a maximum
of 15 days imprisonment, or both such fine and imprisonment; for a
second and each subsequent such conviction within one year thereafter,
such person shall be subject to a fine not to exceed $250 plus an
additional $50 for each day the violations continues, or a maximum
of 15 days' imprisonment or both.
A.
Compliance with this article is required in the interest
of public safety, health and welfare. Notwithstanding any other provisions
herein, if a property owner fails to correct a violation after written
notice, the Town and its agents shall have the right to enter upon
the property and perform the work necessary to correct the violation.
The property owners shall be responsible and liable for all costs
incurred by the Town in connection therewith. The Town shall bill
the property owner for said costs by mailing the bill to the owner's
last known address as shown on the real property tax records of the
Town. If the property owner does not pay said costs within 30 days
after the mailing date of the bill, then the amount of said costs
shall be a lien on the owner's real property and shall be assessed
against such property, and shall be levied and collected in the same
manner as a real property tax.
This article is intended to help protect the
general welfare of the Town of Fallsburg. Accordingly, this article,
and any act or omission pursuant thereto, does not create, and shall
not be construed to create, any special duty or obligation of the
Town, its officers, employees or agents to any person.
