[HISTORY Adopted by the Board of Trustees
of the Village of Hamilton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 44.
Electrical standards — See Ch. 58.
Excavation, grading and filling — See Ch. 63.
Flood damage prevention — See Ch. 82.
Freshwater wetlands — See Ch. 86.
Satellite antennas — See Ch. 124.
Sewers — See Ch. 129.
Signs — See Ch. 133.
Subdivision of land — See Ch. 143.
Zoning — See Ch. 174.
[Adopted 5-12-1987 by L.L. No. 3-1987]
There is hereby designated in the Village of
Hamilton a public official to be known as the Code Enforcement Officer
who shall be appointed by the Mayor with the approval of the Board
of Trustees at a compensation to be fixed by it. The Code Enforcement
Officer of the Village of Hamilton is hereby designated to administer
and enforce the New York State Uniform Fire Prevention and Building
Code (Uniform Code) in the Village of Hamilton.
No person, firm, corporation, association or
other organization shall commence the erection, construction, enlargement,
alteration, improvement, removal or demolition of any building or
structure, except an agricultural building or structure, nor install
heating equipment, without having applied for and obtained a permit
from the Code Enforcement Officer. However, no permit shall be required
for the performance of necessary repairs which are not of a structural
nature and which are done in conformance with the Uniform Code. This
article shall not relieve or reduce any requirements of the Village
of Hamilton Zoning Ordinance.[1]
A.
Applications for a building permit may be obtained
from the office of the Village Clerk. A completed application shall
be delivered to the Code Enforcement Officer and must include:
(1)
The signature of the applicant or authorized agent.
(2)
A description of the site on which the proposed work
is to be done.
(3)
A statement of the use or occupancy of all parts of
the land and of the proposed building or structure.
(4)
A brief description of the proposed work.
(5)
The estimated cost of the proposed work, with appropriate
substantiation.
(6)
The full name and address of the owner and the applicant,
and, if either be a corporation, the names and addresses of responsible
officers.
(7)
One set of plans and specifications for the proposed
work.
(8)
The fee specified in this article.
(9)
A statement granting the applicant's permission for
the Code Enforcement Officer to enter the property and structure thereon
as frequently as he deems necessary to inspect the same for the compliance
with the Uniform Code.
B.
The applicant may request that the requirement of
plans and specifications be waived where the work to be done involves
minor alterations or is otherwise unnecessary.
A.
In addition to the requirements set forth in §§ 7209
and 7307 of the New York State Education Law, all plans or specifications
for the construction of any new residence building, regardless of
its size, shall require:
(1)
The seal of an architect or professional engineer
licensed in this state and bearing the authorized facsimile of the
signature of such architect or professional engineer to be affixed
to the face thereof; or
(2)
The official seal and authorized facsimile of the
signature of an architect or professional engineer not a resident
of this state and having no established business in this state, but
who is legally qualified to practice as such in his own state or country,
provided that such person may lawfully practice as such in this state,
and provided further that the plans or specifications are accompanied
by and have attached thereto written authorization issued by the department
certifying to such right to practice at such time.
B.
To all plans, specifications, plats and/or reports
to which such seal has been applied, there shall also be applied a
stamp with appropriate wording warning that it is a violation of the
law for any person, unless he is acting under the direction of a licensed
professional engineer or architect, to alter an item in any way.
A.
The applicant shall notify the Code Enforcement Officer
of any changes in the information contained in the application during
the period for which the permit is in effect. A permit will be issued
when the application has been determined to be complete and when the
proposed work is determined to conform to the requirements of the
Uniform Code. The authority conferred by such permit may be limited
by conditions, if any, contained therein.
B.
A building permit issued pursuant to this article
shall be prominently displayed on the property or premises to which
it pertains.
A.
A building permit issued pursuant to this article
may be suspended or revoked if it is determined that the work to which
it pertains is not proceeding in conformance with the Uniform Code
or with any condition attached to such permit or if there has been
a misrepresentation or falsification of a material fact in connection
with the application for the permit.
B.
A building permit issued pursuant to this article
shall expire one year from the date of issuance or upon the issuance
of a certificate of occupancy, other than a temporary certificate
of occupancy, whichever occurs first. The permit may, upon written
request, be renewed for successive one-year periods, provided that:
A.
No building erected subject to the Uniform Code and
this article shall be used or occupied, except to the extent provided
in this section, until a certificate of occupancy has been issued.
No building similarly enlarged, extended or altered or upon which
work has been performed which required the issuance of a building
permit shall be occupied or used for more than 30 days after the completion
of the alteration or work unless a certificate of occupancy has been
issued. No change shall be made in the nature of the occupancy of
an existing building unless a certificate of occupancy authorizing
the change has been issued. The owner or his agent shall make application
for a certificate of occupancy.
B.
A temporary certificate of occupancy may be issued
if the building or structure or a designated portion of a building
or structure is sufficiently complete so that it may be put to the
use for which it is intended. A temporary certificate of occupancy
shall expire six months from the date of issuance, but may be renewed
an indefinite number of times.
C.
No certificate of occupancy shall be issued except
upon an inspection which reveals no uncorrected deficiency or material
violation of the Uniform Code in the area intended for use and upon
payment of the appropriate fee.
A.
Work for which a building permit has been issued under this article shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including but not limited to building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the owner, applicant or his agent to inform the Code Enforcement Officer that the work is ready for inspection; to schedule such inspection during regular inspection hours as set forth in § 73-11 of this article and as from time to time amended pursuant to that section; and to allow a reasonable amount of time (not less than one business day) for such inspection to be completed.
B.
An existing building shall be subject to periodic
inspections for compliance with the Uniform Code in accordance with
the following schedule: all areas of public assembly, defined in the
Uniform Code, all buildings or structures containing areas of public
assembly and the common areas of multiple dwellings: every 12 months;
all buildings or structures open to the general public: every 12 months;
all multiple dwellings as defined in the Uniform Code: every 24 months.
Notwithstanding any requirement of this subsection to the contrary,
no regular, periodic inspections of occupied dwelling units shall
be required; provided, however, that this shall not be a limitation
on inspections conducted at the invitation of the occupant or where
conditions on the premises threaten or present a hazard to public
health, safety or welfare.
A.
The inspections required by § 73-8 of this article may be performed by the Code Enforcement Officer. The Code Enforcement Officer is authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by certified mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. A responsible party who fails to correct the condition within the specified time shall be subject to penalty as provided by this article.
B.
A person subject to inspection under § 73-8 may be required by the Code Enforcement Officer to have such inspection performed at his own cost and expense by a competent inspector acceptable to the Code Enforcement Officer. Such inspector may be a registered architect, licensed professional engineer, certified Code Enforcement Officer or other person whose experience and training has been demonstrated to the satisfaction of the Code Enforcement Officer. Such inspector shall certify the results of his inspection to the Code Enforcement Officer. Any person required by the Code Enforcement Officer to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this article.
C.
If the Code Enforcement Officer is the owner of or
is involved in work on the premises to be inspected or if there shall
otherwise be any conflict of interest, the Village Board shall appoint
a qualified individual to perform such duties.
A.
Whenever the Code Enforcement Officer has reasonable
grounds to believe that work on any building or structure is proceeding
without permit or is otherwise in violation of the provisions of any
applicable law, code, ordinance or regulation or is not in conformity
with any of the provisions of the application, plans or specifications
on the basis of which a permit was issued or is being conducted in
an unsafe and dangerous manner, he shall notify either the owner of
the property or the owner's agent or the person, firm or corporation
performing the work to immediately suspend all work. In such instance,
any and all persons shall immediately suspend all related activities
until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form
prescribed by the Code Enforcement Officer and shall state the reasons
for the stop-work order, together with the date of issuance. The stop-work
order shall bear the signature of the Code Enforcement Officer or
that of a duly authorized designee and shall be prominently posted
at the work site.
[Amended 1-14-1992 by L.L. No. 1-1992]
A.
Any person who shall willfully fail to comply with
a written order of the Code Enforcement Officer within the time fixed
for compliance herewith and any owner, builder, architect, tenant
or contractor, subcontractor, plumber, construction superintendent
or their agents or any other person taking part in assisting in the
construction or use of any building who shall violate any of the applicable
provisions of this article or any lawful order, notice, directive,
permit or certificate of the Code Enforcement Officer made thereunder
or in addition to any other penalties provided for in this article,
any person who shall violate any of the provisions of this article,
the Uniform Code, any rules or regulations adopted pursuant to this
article or who shall violate or fail to comply with any order made
thereunder or who shall build in violation of any detailed statement
of specifications or plans submitted and approved thereunder shall
severally for each and every such violation be guilty of a misdemeanor
punishable by a fine of not more than $1,000 or by imprisonment for
not more than one year, or both. The imposition of one penalty for
any violation shall not excuse the violation nor permit it to continue;
and all such persons shall be required to correct or remedy such violation
or defects within a reasonable time; and when not otherwise specified,
each day that the prohibited condition(s) or violation continues shall
constitute a separate offense. The imposition of any such penalty
shall not be held to prohibit the enforced removal of prohibited conditions
by any appropriate remedy, including immediate application for an
injunction.
[Amended 1-14-1992 by L.L. No. 1-1992]
B.
An action or proceeding in the name of the Village
of Hamilton, New York, may be commenced in any court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of any provision of the Uniform Code, this article, any
rule or regulation adopted pursuant to this article or any order issued
pursuant to this article. Such remedy shall be in addition to penalties
otherwise prescribed by law.
Upon resolution of the Village Board, the Code
Enforcement Officer of the Village of Hamilton shall have authority,
pursuant to Article 150 of the New York Criminal Procedure Law, to
issue appearance tickets as defined therein for the purpose of enforcing
this article.
[Adopted 5-12-2009 by L.L. No. 2-2009]
The Village of Hamilton hereby adopts Part 1203 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. (See 73 Attachment 1 included as an attachment to this chapter.)
