The provisions of this chapter shall not be deemed to nullify
any provisions of local, state, or federal law.
The legal use of any structure existing on the date of adoption
of this chapter shall be permitted to continue without change, except
as otherwise specifically provided in the codes.
A.
Buildings not previously occupied. A building or portion of a building
that has not been previously occupied or used for its intended purpose
in accordance with the laws in existence at the time of its completion
shall comply with the provisions of the codes, as applicable, for
new construction or with any valid building permit issued for such
building or portion thereof.
B.
Buildings previously occupied. The legal occupancy of any building
existing on the date of adoption of this chapter shall be permitted
to continue without change, except as otherwise specifically provided
in the codes.
A.
General. This chapter shall not be construed to relieve the responsibility
of or lessen the responsibility of an owner as it pertains to compliance
with the codes. Further, the Code Enforcement Officer or the Town
shall not be held as assuming any liability by reason of the inspections
authorized by this chapter or any permits or certificates issued under
this chapter.
B.
Agreements. An owner shall be responsible for compliance with the
codes and this chapter regardless of any agreement between or among
contractors, lessors, operators, occupants, tenants or other persons
as to which party shall be responsible. It shall be the duty of every
owner who performs or causes to perform work for the installation
or repair of building, structure, electrical, gas, mechanical or plumbing
systems to comply with the codes and this chapter.
Nothing in this chapter shall be construed to relieve persons
engaged in construction or demolition operations from complying with
any other pertinent law, nor is it intended to alter or diminish any
obligation otherwise imposed by law on the owner, construction manager,
general contractor, contractors, materialmen, registered design professionals,
or other party involved in a construction or demolition project to
engage in sound design and engineering, safe construction or demolition
practices, including but not limited to debris removal, and to act
in a reasonable and responsible manner to maintain a safe construction
or demolition site.
The issuance of certificates, notices, orders, permits and/or
any other action(s) prescribed in this chapter shall be classified
as a Type II action pursuant to § 617.5(c)(25) of SEQRA,[1] as currently in effect and as hereafter amended from time
to time, or any successor rules, regulations, or statutes.
[1]
Editor's Note: See 6 NYCRR 617.5(c)(25).
The Town Board may, by resolution, authorize the Town Supervisor
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 codes, Part 1203 of 19 NYCRR,
as currently in effect and as hereafter amended from time to time,
or any successor rules, regulations, or statutes.
In any case where a provision of this chapter is found to conflict
with a provision of any ordinance or local law, or with a provision
of any statute, rule, regulation, or order of NYS, the provision which
established the higher standard for the promotion of the health, welfare,
and safety of the citizens of the Town shall prevail. In any case
where a provision of this chapter is found to conflict with a provision
of any other ordinance or local law existing on the effective date
of this chapter which established a lower standard for the promotion
of the health, welfare, and safety of the citizens of the Town, the
provisions of this chapter shall be deemed to prevail.
If any clause, sentence, paragraph, section, or a part of this
chapter shall be adjudged by a court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or a part thereof directly involved in
a controversy in which such judgment shall have been rendered.
This chapter shall be operative immediately and effective upon
being filed with the NYS Secretary of State pursuant to § 27
of the Municipal Home Rule Law of NYS, as currently in effect and
as hereafter amended from time to time, or any successor rules, regulations,
or statutes.
