[HISTORY: Adopted by the Town Board of the
Town of Highlands as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-13-2001 by L.L. No. 2-2001]
The purpose of this article is to identify buildings
with truss and other lightweight construction by requiring the owner
and occupant to affix an identifying emblem on such buildings in order
to assist emergency personnel in the event of fire or other hazardous
condition.
A.Â
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 occupant
of all such buildings or structures, except as follows:
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 Building Inspector of the Town of Highlands,
his deputy or designee, or other enforcement officer appointed by
the Board of Trustees.
Any natural person or individual, or any firm, partnership,
association, limited partnership, sole proprietorship, corporation,
or any other business entity or any government agency or entity.
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 framework of individual structural members, made of wood
or steel, connected at their ends to form a series of triangles to
span a distance greater than would be possible with any of the individual
members on its own.
A.Â
Unless exempted by this article, the owner and 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. The emblem shall be permanently
affixed to the left 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/of occupant of the building. The identifying emblem
will be supplied by the Town at no charge to the owner or occupant.
B.Â
The Building Inspector is authorized to inspect and
identify any building to determine whether the building contains truss
or lightweight construction and to require the owner and occupant
of such building to permanently affix the identifying emblem to the
front of the building. 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.Â
If the identifying emblem is damaged, defaced or removed
for any reason, then the owner 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 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, together with nine-percent interest per annum, 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.
A.Â
The identifying emblem required to be affixed to a
building 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:
B.Â
The provisions of this section may be amended from
time to time by resolution of the Board of Trustees.
This article shall be enforced by the Building
Inspector and any other officer authorized by resolution of the town.
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 the 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 violation continues.
A.Â
Compliance with this article is required in the interest
of the public safety, health and welfare. Notwithstanding any other
provision 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 owner 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, together with 9% per annum, and shall be levied
and collected in the same manner as a real property tax.
[Adopted 7-14-2008 by L.L. No. 2-2008; amended in its entirety 12-27-2022 by L.L. No. 1-2023]
This article provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Town of Highlands. This article is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, the Energy Code, other
state law, or other section of this article, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this article.
In this article, the following terms shall have the meanings
shown in this section:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this article.
A document issued by the Town stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by, the Town,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
The Code Compliance Supervisor appointed pursuant to § 82-11B of this article.
A code enforcement officer or assistant code enforcement officer appointed pursuant to § 82-11D of this article.
The Code Compliance Supervisor, Code Enforcement Officers
and all inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector or assistant inspector appointed pursuant to § 82-11D of this article.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 82-19 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this article.
An order issued by the Code Compliance Supervisor pursuant to § 82-26A of this article.
The person to whom a building permit has been issued.
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.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 82-15 of this article.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 82-16D of this article.
The Town of Highlands.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law. Such Code includes:
A.Â
The Office of Code Compliance Supervisor is hereby created. The Code
Compliance Supervisor shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, and this article. The Code Compliance
Supervisor shall have the following powers and duties:
(1)Â
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)Â
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include such terms and conditions
as the Code Compliance Supervisor may determine to be appropriate;
(3)Â
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, 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 article and other chapters of
the Municipal Code;
(4)Â
To issue stop-work orders;
(5)Â
To review and investigate complaints;
(7)Â
To maintain records;
(8)Â
To collect fees as set by the Town Board;
(9)Â
To pursue administrative enforcement actions and proceedings;
(10)Â
In consultation with the Town's attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
article; and
(11)Â
To exercise all other powers and fulfill all other duties conferred
upon the Code Compliance Supervisor by this article.
B.Â
The Code Compliance Supervisor shall be appointed by the Town Board.
The Code Compliance Supervisor shall possess background experience
related to building construction 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 Compliance Supervisor shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
C.Â
In the event that the Code Compliance Supervisor is unable to serve
as such for any reason, another individual shall be appointed by the
Town Board to serve as Acting Code Compliance Supervisor. The Acting
Code Compliance Supervisor shall, during the term of such appointment,
exercise all powers and fulfill all duties conferred upon the Code
Compliance Supervisor by this article.
D.Â
One or more Code Enforcement Officers and inspectors may be appointed
by the Town Board to act under the supervision and direction of the
Code Compliance Supervisor and to assist the Code Compliance Supervisor
in the exercise of the powers and fulfillment of the duties conferred
upon the Code Compliance Supervisor by this article. Each Code Enforcement
Officer and 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 Department of State pursuant to the Executive Law and the
regulations promulgated thereunder.
E.Â
The compensation for the Code Compliance Supervisor, Code Enforcement
Officers and inspectors shall be fixed from time to time by the Town
Board.
F.Â
The Code Compliance Supervisor, Code Enforcement Officers and inspectors
shall not engage in any activity inconsistent with his or her duties
for the Town, nor, during the time of his or her employment, shall
be or she be engaged directly or indirectly in any building business,
furnishing of labor, materials or equipment for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the Town, excepting only that this
provision shall not prohibit such code compliance personnel from such
activities in connection with the construction of a building or structure
owned by him or her.
A.Â
Building permits required. A building permit shall be required for
any work which must conform to the Uniform Code and/or the Energy
Code, 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 Town.
B.Â
(Reserved)
C.Â
(Reserved)
D.Â
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 Compliance Supervisor. 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 Compliance Supervisor deems sufficient to
permit a determination by the Code Compliance Supervisor that the
intended work complies with all applicable requirements of the Uniform
Code and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)Â
A description of the location, nature, extent, and scope of the proposed
work;
(2)Â
The Tax Map number and the street address of any affected building
or structure;
(3)Â
The occupancy classification of any affected building or structure;
(4)Â
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)Â
At least two sets of construction documents (drawings and/or specifications)
which:
(a)Â
Describe the location, nature, extent, and scope of the proposed
work;
(b)Â
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)Â
Show the location, construction, size, and character of all
portions of the means of egress;
(d)Â
Show a representation of the building thermal envelope;
(e)Â
Show structural information, including but not limited to braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f)Â
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)Â
Include a written statement indicating compliance with the Energy
Code;
(h)Â
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)Â
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
E.Â
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 Compliance Supervisor in writing or by stamp, or, in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Compliance Supervisor, 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.Â
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 and Energy Code.
The Code Compliance Supervisor shall approve or disapprove of the
same or refer to the appropriate body within 20 working days after
the filing of a complete and properly prepared application. The Code
Compliance Supervisor shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the Uniform
Code and Energy Code. If a building permit is denied, the Code Compliance
Supervisor shall state, in writing, the reasons for such denial. For
purposes of this section, "working days" shall mean weekdays other
than holidays and days when the issuing department is closed due to
an emergency or for other reasons.
G.Â
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.Â
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 Compliance Supervisor of
any change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Compliance Supervisor
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.Â
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 18 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Compliance Supervisor.
J.Â
Revocation or suspension of building permits. If the code compliance
personnel determine 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 or
the Energy Code, the Code Compliance Supervisor, Code Enforcement
Officer or inspector shall revoke the building permit or suspend the
building permit until such time as the permit holder demonstrates
that:
A.Â
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Compliance Supervisor or by an inspector authorized by the Code Compliance Supervisor. The permit holder shall notify the Code Compliance Office when any element of work described in Subsection B of this section is ready for inspection. Scheduling of inspections shall be at the reasonable discretion of the Code Compliance Office.
B.Â
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)Â
Work site prior to the issuance of a building permit;
(2)Â
Footing and foundation;
(3)Â
Preparation for concrete slab;
(4)Â
Framing;
(5)Â
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(6)Â
Fire-resistant construction;
(7)Â
Fire-resistant penetrations;
(8)Â
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)Â
Inspections required to demonstrate Energy Code compliance, including
but not limited to insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(10)Â
Installation, connection, and assembly of factory-manufactured
buildings and manufactured homes; and
(11)Â
A final inspection after all work authorized by the building
permit has been completed.
C.Â
Remote inspections. At the discretion of the Code Compliance Supervisor
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Compliance Supervisor or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Compliance Supervisor or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Compliance Supervisor or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.Â
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 the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.Â
In addition to the circumstances set forth in § 82-12J, code enforcement personnel may revoke a building permit theretofore issued and approved in the following instances:
(1)Â
Where code compliance personnel find that there has been any false
statement or misrepresentation as to a material fact in the application,
plans or specifications on which the building permit was based;
(2)Â
Where code compliance personnel find that the work performed under
the permit is not being prosecuted in accordance with the provisions
of the application, plans or specifications; or
(3)Â
Where the person to whom a building permit has been issued fails
or refuses to comply with a duly issued stop-work order.
B.Â
Such suspension or revocation shall remain in effect until such time
as the permit holder demonstrates that:
A.Â
Authority to issue. The code enforcement personnel are authorized
to issue stop-work orders pursuant to this section. Code enforcement
personnel shall issue a stop-work order to halt:
(1)Â
Any work that is determined by the Code Compliance Supervisor, Code
Enforcement Officer or inspector to be contrary to any applicable
provision of the Uniform Code or Energy Code, 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;
(2)Â
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Compliance Supervisor, Code Enforcement
Officer or inspector, 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)Â
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.Â
Content of stop-work orders. Stop-work orders shall:
C.Â
Service of stop-work orders. The Code Compliance Supervisor, Code
Enforcement Officer or inspector 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 issuing Code Compliance Supervisor,
Code Enforcement Officer or inspector 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.Â
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,
other than work expressly authorized by the code compliance personnel
to correct the reason for issuing the stop-work order.
E.Â
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 § 82-26 (Violations; penalties for offenses) of this article 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.
A.Â
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance 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 or certificate of compliance.
B.Â
Issuance of certificates of occupancy and certificates of compliance.
Code compliance personnel shall issue a certificate of occupancy or
certificate of compliance if the work which was the subject of the
building permit has been completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, where applicable,
if 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 and Energy
Code. The Code Compliance Supervisor, or a Code Enforcement Officer
or inspector authorized by the Code Compliance Supervisor, 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 by such person or persons as may be designated
by or otherwise acceptable to the Code Compliance Supervisor, at the
expense of the applicant for the certificate of occupancy or certificate
of compliance, shall be provided to code compliance personnel prior
to the issuance of the certificate of occupancy or certificate of
compliance:
(1)Â
A written statement of structural observations and/or a final report
of special inspections;
(2)Â
Flood hazard certifications;
(3)Â
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)Â
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory-manufactured
buildings and/or manufactured homes.
C.Â
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)Â
The building permit number, if any;
(2)Â
The date of issuance of the building permit, if any;
(3)Â
The name (if any), address and Tax Map number of the property;
(4)Â
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 of occupancy or certificate
of compliance is issued;
(5)Â
The use and occupancy classification of the structure;
(6)Â
The type of construction of the structure;
(7)Â
The occupant load of the assembly areas in the structure, if any;
(8)Â
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)Â
The signature of the Code Compliance Supervisor, Code Enforcement
Officer or inspector issuing the certificate of occupancy or certificate
of compliance and the date of issuance.
D.Â
Temporary certificate of occupancy. Code compliance personnel shall
be permitted to issue a temporary certificate of occupancy 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 Compliance Supervisor
issue a temporary certificate of occupancy unless the Code Compliance
Supervisor, Code Enforcement Officer or inspector determines 1) that
the building or structure, or the portion thereof covered by the temporary
certificate of occupancy, may be occupied safely, 2) that any required
fire and life safety components, such as fire protection equipment
and fire, smoke, carbon monoxide, and heat detectors and alarms, are
installed and operational, and 3) that all required means of egress
from the structure have been provided. The issuing Code Compliance
Supervisor, Code Enforcement Officer or inspector may include in a
temporary certificate of occupancy such terms and conditions as he
or she deems necessary or appropriate to ensure the health and safety
of the persons occupying and using the building or structure and/or
performing further construction work in the building or structure.
A temporary certificate of occupancy shall be effective for a period
of time, not to exceed six months, which shall be determined by the
Code Compliance Supervisor, Code Enforcement Officer or inspector
and specified in the temporary certificate of occupancy, subject to
the renewal thereof. During the specified period of effectiveness
of the temporary certificate of occupancy, the permit holder shall
undertake to bring the building or structure into full compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
E.Â
Revocation or suspension of certificates. If the Code Compliance
Supervisor, Code Enforcement Officer or inspector determines that
a certificate of occupancy, Certification of Compliance, or a temporary
certificate of occupancy was issued in error or on the basis of incorrect
information, and if the relevant deficiencies are not corrected to
the satisfaction of the Code Compliance Supervisor within such period
of time as shall be specified by the Code Compliance Supervisor, Code
Enforcement Officer or inspector, the Code Compliance Supervisor,
Code Enforcement Officer or inspector shall revoke or suspend such
certificate.
The chief of any fire department providing firefighting services
for a property within this Town shall promptly notify the Code Compliance
Supervisor of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town shall be identified and addressed in accordance with the procedures established by Chapter 88 of this Municipal Code, as now in effect or as hereafter amended from time to time.
A.Â
Operation permits required.
(1)Â
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
(a)Â
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(b)Â
Buildings, structures, facilities, processes, and/or activities
that are within the scope and/or permit requirements of the chapter
or section title of the FCNYS as follows:
[1]Â
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;
[2]Â
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
[3]Â
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
[4]Â
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
[6]Â
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
[7]Â
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire by-products or operating a tire rebuilding plant;
[8]Â
Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
[9]Â
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
[10]Â
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270;
[11]Â
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
[12]Â
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
[13]Â
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with the permitting
requirements established pursuant to Section 319 of the FCNYS, as
now in effect or as hereafter amended from time to time.
(c)Â
Energy storage systems, where the system exceeds the values
shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate
ratings in Section R327.5 of the RCNYS.
(d)Â
Buildings containing one or more assembly areas;
(e)Â
Outdoor events where the planned attendance exceeds 1,000 persons;
(f)Â
Facilities that store, handle or use hazardous production materials;
(h)Â
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; and
(i)Â
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Town Board of this Town.
B.Â
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 Compliance Supervisor. Such application shall include
such information as the Code Compliance Supervisor deems sufficient
to permit a determination by the Code Compliance Supervisor that quantities,
materials, and activities conform to the requirements of the Uniform
Code. If the Code Compliance Supervisor 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 Compliance Supervisor, at the
expense of the applicant.
C.Â
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1)(a) through (g) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, firesafety and property maintenance inspections are performed in accordance with § 82-20 (Firesafety and property maintenance inspections) of this article, and condition assessments are performed in compliance with § 82-22 (Condition assessments of parking garages) of this article, as applicable.
D.Â
Inspections. The Code Compliance Supervisor or an inspector authorized
by the Code Compliance Supervisor shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Code Compliance Supervisor or an inspector authorized by the
Code Compliance Supervisor, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Compliance Supervisor
or inspector authorized by the Code Compliance Supervisor that the
premises conform with the applicable requirements of the Uniform Code
and the code enforcement program. Should a remote inspection not afford
the Town sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
E.Â
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 Compliance Supervisor may require a separate operating permit for each such activity, or the Code Compliance Supervisor may, in their discretion, issue a single operating permit to apply to all such activities.
F.Â
Duration of operating permits.
(1)Â
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)Â
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 Compliance Supervisor, payment of the
applicable fee, and approval of such application by the Code Compliance
Supervisor.
G.Â
Revocation or suspension of operating permits. If the Code Compliance
Supervisor determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.Â
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Compliance
Supervisor or an inspector designated by the Code Compliance Supervisor
at the following intervals:
(1)Â
At least once every 12 months for buildings which contain an assembly
area;
(2)Â
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)Â
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.Â
Remote inspections. At the discretion of the Code Compliance Supervisor
or inspector authorized to perform firesafety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Compliance Supervisor
or such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Compliance Supervisor
or such authorized inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Compliance Supervisor or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.Â
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 Compliance Supervisor or an inspector authorized to perform firesafety and property maintenance inspections at any time upon 1) the request of the owner of the property to be inspected or an authorized agent of such owner; 2) receipt by the Code Compliance Supervisor of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or 3) receipt by the Code Compliance Supervisor of any other information, reasonably believed by the Code Compliance Supervisor to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code 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.
D.Â
OFPC inspections. Nothing in this section or in any other provision
of this article 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 or other
authorized entity under Executive Law § 156-e and Education
Law § 807-b.
Code compliance personnel 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, this article,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Compliance Supervisor may deem to be appropriate:
A.Â
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.Â
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 § 82-26 (Violations; penalties for offenses) of this article;
C.Â
If appropriate, issuing a stop-work order;
D.Â
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.
A.Â
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in Sections
304.1.1, 305.1.1, and 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.Â
Condition assessments: general requirements. The owner/operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.Â
Initial condition assessment. Each parking garage shall have undergone
an initial condition assessment as follows:
(1)Â
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)Â
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)Â
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)Â
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)Â
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)Â
Any parking garage constructed prior to the effective date of the
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to a date not more than six months
after the effective date of this article.
D.Â
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.Â
Additional condition assessments.
(1)Â
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)Â
If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate.
F.Â
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Town within 30 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1)Â
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)Â
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)Â
An evaluation and description of the unsafe conditions;
(4)Â
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)Â
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)Â
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)Â
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)Â
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)Â
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.Â
Review condition assessment reports. The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by order to remedy or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.Â
The Town shall retain all condition assessment reports for the duration
of the parking garage. Upon request by a professional engineer who
has been engaged to perform a condition assessment of a parking garage,
and who provides the Town with a written statement attesting to the
fact that he or she has been so engaged, the Town shall make the previously
prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The
Town shall be permitted to require the owner or operator of the subject
parking garage to pay all costs and expenses associated with making
such previously prepared condition assessment reports (or copies thereof)
available to the professional engineer.
I.Â
This section shall not limit or impair the right or the obligation
of the Town:
(1)Â
To perform such construction inspections as are required by § 82-13 (Construction inspections) of this article;
(2)Â
To perform such periodic firesafety and property maintenance inspections as are required by § 82-20 (Firesafety and property maintenance inspections) of this article; and/or
(3)Â
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Town by means of its own inspections or observations, by means
of a complaint, or by any other means other than a condition assessment
or a report of a condition assessment.
A.Â
The Code Compliance Supervisor shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Town as required by the Uniform Code. Such determinations shall be
made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)Â
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)Â
Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3)Â
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
B.Â
The Code Compliance Supervisor shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Compliance Supervisor, and shall make such record readily available to the public.
A.Â
The Code Compliance Supervisor shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)Â
All applications received, reviewed and approved or denied;
(2)Â
All plans, specifications and construction documents approved;
(3)Â
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)Â
All inspections and tests performed;
(5)Â
All statements and reports issued;
(6)Â
All complaints received;
(7)Â
All investigations conducted;
(8)Â
All condition assessment reports received;
(9)Â
All fees charged and collected; and
B.Â
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.
A.Â
The Code Compliance Supervisor shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Code Compliance Supervisor and the inspectors, including a report and summary of all transactions and activities described in § 82-24 (Recordkeeping) of this article and a report and summary of all appeals or litigation pending or concluded.
B.Â
The Code Compliance Supervisor 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.
C.Â
The Code Compliance Supervisor shall, upon request of the New York
State Department of State, provide to the New York State Department
of State true and complete copies of the records and related materials
this Town is required to maintain; true and complete copies of such
portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.Â
Orders to remedy.
(1)Â
The Code Compliance Supervisor 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, or this article. An order to remedy shall be
in writing; shall be dated and signed by the Code Compliance Supervisor;
shall specify the condition or activity that violates the Uniform
Code, the Energy Code, or this article; shall specify the provision
or provisions of the Uniform Code, the Energy Code, or this article
which is/are violated by the specified condition or activity; and
shall include a statement substantially similar to the following:
"The person or entity served with this order to remedy must
completely remedy each violation described in this order to remedy
by _____ [specify date], which is 30 days after the date of this order
to remedy."
(2)Â
The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this article or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Compliance
Supervisor may deem appropriate, during the period while such violations
are being remedied. The Code Compliance Supervisor shall cause the
order to remedy, or a copy thereof, to be served on the owner of the
affected property personally or by registered mail or certified mail
within five days after the date of the order to remedy. The Code Compliance
Supervisor shall be permitted, but not required, to cause the order
to remedy, 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
being performed at the affected property personally or by registered
mail or certified mail within five days after the date of the order
to remedy; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
B.Â
Appearance tickets. The Code Compliance Supervisor and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.Â
Penalties. In addition to such other penalties as may be prescribed
by state law:
(1)Â
Any person who violates any provision of this article or any term,
condition, or provision of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy or other notice or order issued
by the Code Compliance Supervisor pursuant to any provision of this
article shall be punishable by a fine of not more than $250 per day
of violation, or imprisonment not exceeding 15 days, or both; and
(2)Â
Any person who violates any provision of the Uniform Code, the Energy
Code or this article, or any term or condition of any building permit,
certificate of occupancy, certificate of compliance, temporary Certificate,
stop-work order, operating permit, order to remedy or other notice
or order issued by the Code Compliance Supervisor pursuant to any
provision of this article, shall be liable to pay a civil penalty
of not more than $250 for each day or part thereof during which such
violation continues. The civil penalties provided by this paragraph
shall be recoverable in an action instituted in the name of this Town.
D.Â
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, this article,
or any term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, or other notice or order issued
by the Code Compliance Supervisor pursuant to any provision of this
article. 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, this article, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this article, 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 Board of this Town.
E.Â
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 82-15 (Stop-work orders) of this article, in any other section of this article, 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 § 82-15 (Stop-work orders) of this article, in any other section of this article, 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. In addition, the Code Compliance Supervisor may compromise and settle any violation by way of a civil settlement or compromise or consent order.
The fees set forth in or determined in accordance with Chapter 109, Fees, as it may be amended from time to time, 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 Compliance Supervisor described in or contemplated by this article.
The Town Board of this Town may, by resolution, authorize the
Supervisor of this Town to enter into an agreement or agreements,
in the name of this Town, with other governments to carry out the
terms of this article, provided that such agreement does not violate
any provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.