Town of Ulysses, NY
Tompkins County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ulysses 2-13-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 89.
Stormwater management — See Ch. 156.
Streets and sidewalks — See Ch. 164.
Zoning — See Ch. 212.

§ 80-1 Purpose and intent.

[Amended 6-28-2016 by L.L. No. 1-2016]
This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), the Property Maintenance Code (PMC), and the State Energy Conservation Construction Code (the Energy Code) and/or the other codes as defined below in this Town. 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 this chapter. In addition, this chapter supersedes and revokes all of the provisions of Local Law No. 2 of 1985.

§ 80-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 80-4 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.
CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 80-7B of this chapter. The certificate of compliance shall be issued by the Code Enforcement Officer generally for the purpose of certifying that all work completed on existing buildings and new buildings and structures not containing habitable space is as per the plans submitted and is in compliance with the requirements of the Uniform Code and all other applicable rules and regulations.
CERTIFICATE OF OCCUPANCY
A certificate issued pursuant to § 80-7B of this chapter. Such a certificate shall be issued by the Code Enforcement Officer and generally shall be issued to certify that all work completed on a new building has been completed as per the plans submitted and is compliant with all of the requirements of the Uniform Code and any other applicable rules and regulations, or is suitable for compliance for the occupancy for which the certificate is issued.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 80-3B of this chapter.
CODE ENFORCEMENT PERSONNEL
Includes the Code Enforcement Officer and all inspectors.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 80-15A of this chapter.
ENERGY CODE
The Energy Conservation Construction Code of New York State, as currently in effect and as hereafter amended from time to time.
[Amended 6-28-2016 by L.L. No. 1-2016]
INSPECTOR
An inspector appointed pursuant to § 80-3D of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 80-10 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.
OTHER CODES
All other applicable codes, including, but not limited to, the Residential Code of New York State, the Fire Code of New York State, the Existing Building Code of New York State, the Plumbing Code of New York State, the Mechanical Code of New York State, the Fuel Gas Code of New York State and, to the extent applicable, the 2015 International Building Code and the NFPA National Electrical Code of 2014, all as currently in effect and as hereafter amended from time to time.
[Added 6-28-2016 by L.L. No. 1-2016]
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
PROPERTY MAINTENANCE CODE (PMC)
The Property Maintenance Code of New York, as currently in effect and as hereafter amended from time to time.
[Added 6-28-2016 by L.L. No. 1-2016]
STOP-WORK ORDER
An order issued pursuant to § 80-6 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 80-7D of this chapter.
TOWN
The Town of Ulysses.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

§ 80-3 Code Enforcement Officer and inspectors.

A. 
The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and this chapter. The Code Enforcement Officer shall have the following powers and duties:
[Amended 6-28-2016 by L.L. No. 1-2016]
(1) 
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;
(2) 
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;
(3) 
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;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to Subsection A of § 80-15, Enforcement; penalties for offenses, of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Town Board of this Town;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
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, the Property Maintenance Code and/or the other codes and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes or this chapter; and
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B. 
The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction and/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 there under.
C. 
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by 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.
D. 
One or more inspectors may be appointed by the Code Enforcement Officer 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 there under.
E. 
The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Town Board of this Town.

§ 80-4 Building permits.

A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
[Amended 6-28-2016 by L.L. No. 1-2016]
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.38 square meters);
(2) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3) 
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 ground;
(4) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(5) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(6) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(7) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8) 
Installation of partitions or movable cases less than five feet nine inches in height;
(9) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(10) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(11) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(12) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes.
[Amended 6-28-2016 by L.L. No. 1-2016]
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes. The application shall include or be accompanied by the following information and documentation:
[Amended 6-28-2016 by L.L. No. 1-2016]
(1) 
A description of the proposed work;
(2) 
The Tax Map number and the street address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes; and
(5) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes; 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.
E. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer, in writing, or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F. 
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes.
[Amended 6-28-2016 by L.L. No. 1-2016]
G. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
H. 
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
I. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
J. 
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:
[Amended 6-28-2016 by L.L. No. 1-2016]
(1) 
All work then completed is in compliance with all applicable provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes; and
(2) 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 80-16, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 80-5 Construction inspections.

A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been 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, the Energy Code, the Property Maintenance Code and/or the other codes. Work not in compliance with any applicable provision of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes, reinspected, and found satisfactory as completed.
[Amended 6-28-2016 by L.L. No. 1-2016]
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 80-16, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 80-6 Stop-work orders.

A. 
Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes, 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
[Amended 6-28-2016 by L.L. No. 1-2016]
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(3) 
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Content of stop-work orders. Stop-work orders shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Code Enforcement Officer;
(3) 
State the reason or reasons for issuance; and
(4) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by 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.
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.
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 § 80-15, 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.

§ 80-7 Certificates of occupancy/certificates of compliance.

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 or certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy or a certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy or certificate of compliance shall be provided to the Code Enforcement Officer prior to the issuance of the certificate:
[Amended 6-28-2016 by L.L. No. 1-2016]
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy or certificates of compliance. A certificate of occupancy or certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate 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 or certificate of compliance 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, the Energy Code, the Property Maintenance Code and/or the other codes. 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, the Energy Code, the Property Maintenance Code and/or the other codes.
[Amended 6-28-2016 by L.L. No. 1-2016]
E. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy, certificate of compliance 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 provisions set forth in § 80-16, Fees, of this chapter must be paid at the time of submission of an application for a certificate of occupancy, certificate of compliance or for temporary certificate.

§ 80-8 Notification regarding fire or explosion.

The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 80-9 Unsafe building and structures.

Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the following procedures:
A. 
The reason for the unsafe determination of the building, structure or equipment shall be made and documented by the Code Enforcement Officer.
B. 
The owner of the building, structure or equipment deemed to be unsafe shall be notified of the determination by certified mail as to the specifics of the unsafe determination and notified that the building, structure or equipment shall not be used until the noncompliant issues are remedied and reinspected by the code enforcement personnel making the original determination.
[Amended 6-28-2016 by L.L. No. 1-2016[1]]
[1]
This local law also repealed former Subsection C, which immediately followed.

§ 80-10 Operating permits.

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 by-product, 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 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 Town Board of this Town.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A(1) shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes. 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.
[Amended 6-28-2016 by L.L. No. 1-2016]
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, the Energy Code, the Property Maintenance Code and/or the other codes, such operating permit shall be revoked or suspended.
[Amended 6-28-2016 by L.L. No. 1-2016]
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 80-16, Fees, 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 reissue or renewal of an operating permit.

§ 80-11 Firesafety and property maintenance inspections.

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 section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, 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: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes exist; or 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, the Energy Code, the Property Maintenance Code and/or the other codes 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.
[Amended 6-28-2016 by L.L. No. 1-2016]
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. Notwithstanding any other provision of this section to the contrary:
(1) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.]
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 80-16, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.

§ 80-12 Complaints.

[Amended 6-28-2016 by L.L. No. 1-2016]
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, the Property Maintenance Code and/or the other codes, this chapter, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes. 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 § 80-15, 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.

§ 80-13 Recordkeeping.

A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 80-4 through 80-12, inclusive, of this chapter; and
(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.

§ 80-14 Program review and reporting.

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 § 80-13, 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, the Energy Code, the Property Maintenance Code and/or the other codes.
[Amended 6-28-2016 by L.L. No. 1-2016]
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, the Energy Code, the Property Maintenance Code and/or the other codes.
[Amended 6-28-2016 by L.L. No. 1-2016]

§ 80-15 Enforcement; penalties for offenses.

[Amended 10-14-2014 by L.L. No. 5-2014]
A. 
Compliance orders.
(1) 
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, the Property Maintenance Code and/or the other codes, or this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:
[Amended 6-28-2016 by L.L. No. 1-2016]
(a) 
Be in writing;
(b) 
Be dated and signed by the Code Enforcement Officer;
(c) 
Specify the condition or activity that violates the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes, or this chapter;
(d) 
Specify the provision or provisions of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes, or 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;
(f) 
Direct that compliance be achieved within the specified period of time; and
(g) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2) 
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 certified mail.
(3) 
Failure to comply with a compliance letter or compliance order is a violation, punishable by the penalties set forth in § 80-15C.
[Added 6-28-2016 by L.L. No. 1-2016]
B. 
Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes.
[Amended 6-28-2016 by L.L. No. 1-2016]
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 shall be liable for a civil penalty of not more than $250 nor less than $100 for each offense 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.
[Amended 6-28-2016 by L.L. No. 1-2016]
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, the Property Maintenance Code and/or the other codes, 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, the Property Maintenance Code and/or the other codes, this chapter, or any stop-work order, compliance order, or other order obtained under the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes, 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 Supervisor of this Town.
[Amended 6-28-2016 by L.L. No. 1-2016]
E. 
Exterior property maintenance violations. In the event that a property owner fails to comply with the compliance order of the Code Enforcement Officer to remedy violations of the provisions of the 2010 Property Maintenance Code of New York State ("the Code"), pertaining to the following: exterior property areas (Section 302), exterior structure (Section 304) and rubbish and garbage (Sections 307 and 202), all as subsequently renumbered and/or amended, within the period stated in the compliance order, the Town shall have the following remedies in addition to all remedies set forth in state, local or other applicable law:
(1) 
If the property owner fails to remedy the condition(s) constituting the violation within the period stated in the compliance order, the Code Enforcement Officer may present a compliance and remediation plan ("the plan") to the Town Board. The plan shall detail how the Town may cause the condition(s) to be corrected through reasonable measures and shall include an estimate of the direct cost of such measures, plus legal costs and administrative costs of the Town for administering, supervising and handling such work in accordance with the provisions of this chapter.
(2) 
If the Town Board adopts the plan, notice of the Town's intent to remedy the violation will be provided to the property owner by personal service pursuant to the New York Civil Practice Law and Rules. The notice shall include the following:
(a) 
A copy of the proposed plan;
(b) 
That the Town intends to remedy the conditions constituting the violation;
(c) 
That the property owner will be billed for the cost of implementing the plan, in the amount set forth in the plan, and that upon the property owner's failure to do so, the cost will be added to the property tax bill for the property;
(d) 
That he or she has 30 days from the date of service of the notice to request a public hearing before the Town on the plan and the estimated cost thereof, or remedy the condition.
(3) 
If the property owner requests a public hearing, in writing, the Town will conduct such hearing and shall publish notice of such hearing and provide a copy of the notice to the property owner by regular and certified mail at least 10 days before the hearing.
(4) 
After such public hearing, the Town Board shall determine whether to modify the plan and/or the cost of measures to remedy the violation.
(5) 
If after the public hearing, or if no public hearing is requested, the Town causes the violation to be remedied in accordance with the plan, the property owner shall receive a bill for the cost of the remediation as set forth in the plan, with a notice that if the cost remains unpaid after 30 days, the Town will take the necessary steps to have the cost added to the property owner's next property tax bill. The bill shall be mailed to the property owner by regular and certified mail.
(6) 
If the sum stated in the bill is not paid within 30 days after mailing thereof to the property owner, the Town will file a certificate with the Tompkins County Department of Assessment stating the cost of abatement and administrative and legal costs to the Town, as detailed in the bill, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy administered as a move tax against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ulysses. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation.
F. 
Unsafe structures. In the event that the Code Enforcement Officer has condemned any structure located in the Town as an unsafe structure or a structure unfit for human occupancy pursuant to Section 107 of the 2010 Property Maintenance Code of New York State ("the Code"), as subsequently renumbered and/or amended, the Town shall have the following remedies in addition to all remedies set forth in state, local or other applicable law:
(1) 
The Code Enforcement Officer may report recommendations for repair or demolition of the structure in a written report to the Town Board.
(2) 
The Town Board shall consider the report and if it decides to proceed, schedule a public hearing. Notice of the public hearing shall be published and provided to the property owner by personal service pursuant to the New York Civil Practice Law and Rules at least 10 days before the date of the hearing.
(3) 
The Town Board may contract with an engineer or architect to inspect the structure and make recommendations to the Town Board.
(4) 
If, after the public hearing, the Town Board determines that the structure can safely be repaired, it may order the property owner to repair the building within the time frame set forth in the order. If the Town Board determines that the structure cannot safely be repaired and should be demolished and removed, the Town Board may order such demolition and removal within the time frame set forth in the order.
(5) 
Subject to the provisions of Subsection F(6) below, if the property owner fails to repair or demolish and remove the structure within the time period set forth in the Town Board's order, the Town Board may issue a directive that the Town cause the structure to be repaired or demolished and removed, and bill the property owner for the reasonable direct cost of such repair or demolition and removal, plus legal costs and administrative costs of the Town for administering, supervising and handling such work in accordance with the provisions of this chapter.
(6) 
Court order.
(a) 
Prior to issuing a directive that the Town cause the structure to be repaired or demolished and removed, the Town shall apply to the Supreme Court of Tompkins County for an order pursuant to this chapter declaring:
[1] 
That the structure is in need of repair or demolition and removal;
[2] 
That the Town may repair or demolish and remove the structure; and
[3] 
Determining the cost of such repair or demolition and removal to that will be billed to the property owner pursuant to this chapter; and
[4] 
Granting a judgment against the property owner in the amount to be billed to the property owner.
(b) 
If the property owner refuses to grant the Town and its representatives access to the building and the Town is unable to obtain access pursuant to other provisions of law, the Town may seek an order pursuant to this chapter directing the property owner to give the Town and its representatives access to the structure for purposes of determining whether the structure can safely be repaired or should be demolished and removed.
(7) 
If the sum stated in the bill is not paid within 30 days after mailing thereof to the property owner, the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of repair or demolition and removal and administrative costs to the Town, as detailed in the bill, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ulysses. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation.
G. 
Collection of unpaid fines and penalties. In the event that a property owner fails to pay fines imposed by Town Court for violation of the provisions of the Uniform Code, the Energy Law, or this chapter, and/or any civil penalties imposed pursuant to the aforementioned codes and laws, and such fines and penalties remain unpaid 30 days after they were levied, the Town may file a certificate with the Tompkins County Department of Assessment stating the amount of the unpaid fine or penalty, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ulysses. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation.
H. 
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 § 80-6, 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 § 80-6, 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.
I. 
No person shall construct, alter, repair, move, remove, demolish, equip, occupy, use or maintain any building, structure or portion thereof in violation of any provision of this chapter, the Uniform Code, the Energy Code, the Property Maintenance Code and/or the other codes, this Municipal Code, laws, ordinances, rules and regulations of any agency having jurisdiction over the subject matter nor fail to comply with the lawful orders of the Code Enforcement Officer or his/her designee.
[Added 6-28-2016 by L.L. No. 1-2016]

§ 80-16 Fees.

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.

§ 80-17 Intermunicipal agreements.

[Amended 6-28-2016 by L.L. No. 1-2016]
The Town Board of this Town may, by resolution, authorize the Town 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, the Property Maintenance Code and/or the other codes, Part 1203 of Title 19 of the NYCRR, or any other applicable law.