[HISTORY: Adopted by the Town Board of the Town of Ghent 4-1-1999
by L.L. No. 3-1999. Amendments noted where applicable.]
A.Â
Whereas previously, the Town of Ghent enacted Local Law
No. 3 of the year 1984 providing for the administration and enforcement of
the New York State Uniform Fire Prevention and Building Code in the Town of
Ghent.
B.Â
Whereas, the Town Board now wishes to amend this chapter
to provide for additional provisions with regard to the administration and
enforcement of such Code, the Town of Ghent does therefore, hereby adopt the
following provisions for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code.
A.Â
The administration and enforcement of the provisions
of the New York State Uniform Fire Prevention and Building Code (hereinafter
referred to as the "Code") shall be the responsibility of the person designated
by the Town Board as the Building Inspector, the Deputy Building Inspector
or the Zoning Enforcement Officer. Reference hereafter to the Enforcement
Officer refers specifically to any one of these persons. The Enforcement Officer
shall have the fullest powers allowed by law, rules and regulations relating
to the administration and enforcement of the Code.
B.Â
Upon determination that a violation of the Code or of
this chapter exists in, on or about any building or premises, the Enforcement
Officer shall order, in writing, the remedying of the condition. Such order
shall state the provision of the Code which the particular condition violates
and shall grant such time as may be reasonably necessary for achieving compliance
before proceedings to compel compliance and/or violation proceedings shall
be instituted. Such order shall be served personally or, in the alternative,
by certified mail, return receipt requested, with another copy being sent
by regular mail.
C.Â
Any person, corporation or other entity, whether as owner,
lessee, agent or employee, who shall violate any of the provisions of the
Code or of this chapter, or who fails to comply with the provisions of any
notice of violation or other notice or order served by the Enforcement Officer
or the terms or conditions of any building permit or certificate of occupancy,
or who refuses to permit the Enforcement Officer to inspect the subject premises,
shall be guilty of a violation and upon conviction shall be subject to all
of the remedies set forth in § 382 of the Executive Law of the State
of New York as may be amended from time to time, including but not limited
to a fine of not more than $1,000 per day of violation or imprisonment not
exceeding one year, or both.
D.Â
In addition to those penalties proscribed by state law
as adopted herein, any person, corporation or other entity who violates any
provision of the Code or of this chapter, or who fails to comply with the
provisions of any notice of violation or other notice or order served by the
Enforcement Officer or the terms or conditions of any building permit or certificate
of occupancy, or who refuses to permit the Enforcement Officer to inspect
the subject premises, 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 an action
instituted in the name of the Town of Ghent on its own initiative or at the
request of the Enforcement Officer.
A.Â
Whenever the Enforcement Officer has reason to believe
that the work on any building or structure is being performed in violation
of the provisions of this chapter or the provisions of the Code, or not in
conformity with the provisions of an application, or in an unsafe and dangerous
manner, he shall notify the owner of the property, the owner's agent
or lessee, to suspend all work and suspend all building activities until the
stop-work order has been rescinded. Such order and notice shall appear, in
writing, shall state the conditions under which the work may be resumed, and
may be served upon a person to whom it is directed either by delivering it
personally to him or by posting the same upon a conspicuous portion of the
building or structure where the work is being performed and sending a copy
of the same to him by certified mail at the address set forth in the application
for the permission of the construction of such building, with another copy
by regular mail.
B.Â
The failure of the owner, owner's agent and/or lessee
to suspend all work as required shall constitute a violation of this chapter
and subject the violator to all of the remedies, penalties and/or fines as
set forth herein.
Any person may file a complaint with the Enforcement Officer regarding
an alleged violation of any of the provisions of the Code or of this chapter.
All such complaints shall be in writing. All such filed complaints shall be
investigated by the Enforcement Officer within five days from receipt thereof.
Nothing in this chapter shall be construed to supersede, replace or
modify any of the provisions of the Town of Ghent Zoning Chapter currently
existing or as hereafter amended, but rather this chapter shall be considered
in addition to all of the requirements therein. Where the provisions of this
chapter are inconsistent with the provisions of the Town of Ghent Zoning Chapter,
the provisions of this chapter shall take precedence.
