Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain 8-2-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 93.
Flood damage prevention — See Ch. 102.
Property maintenance — See Ch. 138.
Fees — See Ch. A196.
This chapter shall provide the basic method for administration and enforcement of the fire prevention provisions of the Uniform Fire Prevention and Building Code in the Village of Fort Plain and shall establish powers, duties and responsibilities in connection therewith.
There is hereby designated an inspector to administer and enforce the fire prevention provisions of the Uniform Fire Prevention and Building Code within the Village of Fort Plain.
A. 
The inspector may adopt rules and regulations for the administration and enforcement of the fire prevention provisions of the Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter or any other provision of law.
B. 
The inspector shall publish all rules and regulations at least 10 days prior to the effective date thereof in a newspaper of general circulation within the Village of Fort Plain.
A. 
Upon payment of a fee as prescribed in the schedule of fees adopted by the Village Board of Trustees,[1] permits shall be issued by and bear the name and signature of the inspector and shall specify:
(1) 
The activity or operation for which the permit is issued.
(2) 
The address or location where the activity or operation is to be conducted.
(3) 
The name and address of the permittee.
(4) 
The permit number and the date of issuance.
(5) 
The period of permit validity.
[1]
Editor's Note: See Ch. A196, Fees.
B. 
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
Permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
D. 
Permits shall be obtained for the following:
(1) 
Acetylene generators. To operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
(2) 
Automobile tire rebuilding plants. To operate an automobile tire rebuilding plant.
(3) 
Automobile wrecking yards. To operate an automobile wrecking yard.
(4) 
Bowling establishments. For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
(5) 
Cellulose nitrate motion-picture film. To store, keep or have on hand more than 25 pounds of cellulose nitrate motion picture film.
(6) 
Cellulose nitrate plastics (pyroxylin).
(a) 
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(b) 
To manufacture articles of cellulose nitrate plastics (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(7) 
Combustible fibers. To store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
(8) 
Combustible materials. To store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber cork or other similar materials in excess of 2,500 cubic feet gross volume on any premises.
(9) 
Compressed gases.
(a) 
To store, handle or use at normal temperatures and pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas; or
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied natural or hydrogen gas.
(10) 
Cryogenics. To store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(a) 
Production, sale or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
(11) 
Dry-cleaning plants. To use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(12) 
Dust-producing plants. To operate any grain elevator, flour, starch or feed mill, woodworking plant or plant-pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.
(13) 
Explosive ammunition and blasting agents.
(a) 
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(b) 
To use explosives or blasting agents.
(c) 
To operate a terminal for handling explosives or blasting agents.
(14) 
Flammable and combustible liquids.
(a) 
To store, handle or use flammable liquid in excess of 6 1/2 gallons inside dwellings; or in excess of 10 gallons inside any other building or other occupancy; or in excess of 60 gallons outside of any building. This provision shall not apply to:
[1] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.
[2] 
Paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes.
(b) 
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(c) 
A permit shall be obtained for the initial installation of an oil burner and fuel oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner.
(d) 
For processing, blending or refining of flammable or combustible liquids.
(15) 
Flammable finishing. For spraying, coating or dipping operations utilizing flammable or combustible liquids.
(16) 
Fruit-ripening process. To conduct a fruit-ripening process using ethylene gas.
(17) 
Fumigation and thermal insecticidal fogging. To conduct fumigation or thermal insecticidal fogging operations.
(18) 
Hazardous chemicals.
(a) 
To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic materials or poisonous gas.
(b) 
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
(19) 
Junkyards. To operate a junkyard.
(20) 
Liquefied petroleum gas. For each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons water capacity and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders and have it available for inspection.
(21) 
Lumberyards. To operate a lumberyard.
(22) 
Magnesium. For melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day.
(23) 
Matches.
(a) 
To manufacture matches.
(b) 
To store matches in excess of 25 cases. (NOTE: One case equals one matchman's gross of 14,400 matches.)
(24) 
Organic coatings. To perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(25) 
Ovens and furnaces. To operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system.
(26) 
Places of assembly. To maintain, operate or use a place of assembly.
(27) 
Service stations and repair garages. To operate a service station or repair garage.
(28) 
Welding and cutting. To operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
E. 
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.
F. 
Location of permits. Permits shall be kept on property or premises covered by the permit or carried by the permit holder.
G. 
Revocation of permits. Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or that there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
A. 
The inspector shall conduct periodic inspections for compliance with the provisions of the fire prevention provisions of the Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.
B. 
If entrance to make an inspection is refused or cannot be obtained, the inspector may apply for a warrant to make an inspection to any court of competent jurisdiction.
A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the fire prevention provisions of the Uniform Fire Prevention and Building Code or this chapter shall comply with all the provisions of the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the inspector finds that there has been a violation of the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
C. 
Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.
D. 
Violation orders may be served:
(1) 
By personal service;
(2) 
By mailing by registered or certified mail; or
(3) 
By posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E. 
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Village Attorney of the Village of Fort Plain.
A. 
Failure to comply with any provision of the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not to exceed $1,000 or imprisonment not to exceed one year, or both, and each day such violation continues shall constitute a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
An action or proceeding in the name of the Village of Fort Plain may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter, rule or regulation adopted pursuant to this chapter or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
The inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
A. 
A building or structure or part thereof which is an imminent danger to life and safety of the public is hereby declared to be a public nuisance.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Whenever the inspector finds a building or structure or part thereof to be an imminent danger to life and safety of the public, the inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
The inspector may require the occupants of any such building or structure or part thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure or part thereof.
D. 
All costs and expenses incurred by the Village of Fort Plain in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the Assessor, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy 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 is provided by law for the collection and enforcement of real property taxes in the Village of Fort Plain.
There is hereby designated in the Village of Fort Plain, New York, a public official to be known as the "Code Enforcement Officer(s)," who shall be appointed by the Mayor with the approval of the Village Board of Trustees at a compensation to be fixed by it, for purposes of enforcement of these provisions as set forth in § 69-14.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
In the absence of the Code Enforcement Officer(s), or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board of Trustees, to designate a person to act in behalf of the Code Enforcement Officer(s) and to exercise all the powers conferred upon him by this chapter.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[1]
Editor's Note: Former § 69-12, Appointment of Code Enforcement Officer(s), was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A Code Enforcement Officer(s) or an officer or employee of the Building Department shall not engage in any activity inconsistent with his duties or with the interests of the Building Department nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies or appliances for or the supervision of the construction, alteration, demolition or maintenance of a building or the preparation of plans or specifications thereof within the Village of Fort Plain, New York, excepting that this provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by him for his own personal use and occupancy or for the use and occupancy of members of his immediate family and not constructed for sale.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Except as otherwise specifically provided by law, rule or regulation or except as herein otherwise provided, the Code Enforcement Officer(s) shall administer and enforce all of the provisions of law, rules and regulations applicable to the plans, specifications or permits for the construction, alteration and repair of buildings and structures and the installation and use of materials and equipment therein and the location, use and occupancy thereof and the New York State Uniform Fire Prevention and Building Code.
B. 
He shall promulgate rules and regulations subject to the approval of the Village Board of Trustees to secure the intent and purposes of this chapter and a proper enforcement of the laws, rules and regulations governing building plans, specifications, construction, alteration or repairs.
C. 
He shall receive applications, approve plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws, rules and regulations governing building construction or alterations.
D. 
He shall issue, in writing, all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, rules and regulations, and such notices or orders may be served upon the property owner or his agent personally or by sending by certified mail a copy of such order to the owner or his agent at the address set forth in the application for permission for the construction or alteration of such building and by posting the same upon a conspicuous portion of the premises to which the notice applies. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from employees of the Building Department or from generally recognized and authoritative service and inspection bureaus or agencies, provided that the same are certified by a responsible official thereof.
E. 
Whenever the same may be appropriate to determine compliance with the provisions of applicable laws, rules and regulations covering building construction or alteration, he may, in his discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service and inspection bureaus or agencies.
F. 
He shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code which such certificate shall certify that the building conforms to the requirements of the New York State Uniform Fire Prevention and Building Code.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
The Code Enforcement Officer(s) shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Village Board of Trustees and notices and orders issued. All such records shall be public records open to public inspection during normal business hours.
B. 
The Code Enforcement Officer(s) shall annually submit to the Village Board of Trustees a written report and summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.
Building construction fees shall be as prescribed in the schedule of fees adopted by the Village Board of Trustees.[2]
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: See Ch. A196, Fees.
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law as well as any regulation or rule promulgated by the Code Enforcement Officer(s) in accordance with the applicable laws or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer(s) or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Any person who shall fail to comply with a written order of the Code Enforcement Officer(s) within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Code Enforcement Officer(s) made thereunder shall be punishable by fine or imprisonment, or both. Each day that a violation continues shall be deemed a separate offense.
C. 
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness or otherwise of any person found guilty of such an offense.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.
[Added 2-20-2001 by L.L. No. 2-2001]
A. 
No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, removal or demolition of any building or structure, except as provided for herein, nor install heating equipment, without having applied for and obtained a permit from the Village of Fort Plain. No permit shall be required for the performance of necessary repairs which do not involve material alteration of structural features, and/or plumbing, electrical or heating/ventilation system, including, for example, the replacement of siding and roofing materials, nor the erection of fences, nor for the construction of residential storage sheds and other small noncommercial structures less than 150 square feet of gross floor area which are not intended for use by one or more persons as quarters for living, sleeping, eating or cooking; for example. a small storage building. Such work shall nevertheless be done in conformance with the Uniform Code.
B. 
Applications.
(1) 
Applications for a building permit may be obtained from the Village Clerk. A completed application may be delivered or mailed to the office of the Village Clerk, or delivered or mailed to the Code Enforcement Officer, and must include:
(a) 
The signature of the applicant or authorized agent;
(b) 
A description of the site on which the proposed work is to be done;
(c) 
A statement of the use or occupancy of all parts of the land and of the proposed building or structure;
(d) 
A brief description of the proposed work;
(e) 
The estimated cost of the proposed work, with appropriate substantiation;
(f) 
The full name and address of the owner and the applicant and, if either be a corporation, the names and addresses of responsible officers;
(g) 
Three sets of plans and specifications for the proposed work; and
(h) 
Payment of the fee specified in this chapter.
(2) 
The applicant may request that the requirement of plans and specifications be waived where the work to be done involves minor alterations or are otherwise unnecessary.
C. 
The applicant shall notify the Village Clerk of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work is determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein.
D. 
A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.
E. 
A building permit issued pursuant to this chapter may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such permit, or if there has been a misrepresentation or falsification of a material fact in connection with the application for the permit.
F. 
A building permit issued pursuant to this chapter shall expire three years from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods, provided that:
(1) 
The permit has not been revoked or suspended at the time the application for renewal is made;
(2) 
The relevant information in the application is up to date; and
(3) 
The renewal fee is paid.
[Added 2-20-2001 by L.L. No. 2-2001]
A. 
No building erected subject to the Uniform Code and this chapter shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued. No building similarly enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued. The owner or the owner's agent shall make application for a certificate of occupancy.
B. 
A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance or at an earlier date if specified within it. A temporary certificate of occupancy may, at the discretion of the Code Enforcement Officer, be renewed an indefinite number of times.
C. 
No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use and upon payment of the appropriate fee.
[Added 2-20-2001 by L.L. No. 2-2001]
A. 
Work for which a building permit has been issued under this chapter shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including, but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the owner, applicant or the owner's agent to inform the appropriate inspector that the work is ready for inspection and to schedule such inspection.
B. 
Schedule for inspections.
(1) 
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule:
(a) 
All areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly, and the common areas of multiple dwellings: every three months.
(b) 
All buildings or structures open to the general public: every six months.
(c) 
All other buildings: every 12 months.
(2) 
Notwithstanding any requirement of this subsection to the contrary, no regular, periodic inspections of occupied dwelling units shall be required; provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.
[Added 2-20-2001 by L.L. No. 2-2001]
A. 
The inspections required by § 69-21 may be performed by employees or agents of the Village of Fort Plain. Such inspectors are authorized to order, in writing, the correction of any condition in violation of the Uniform Code found in, on or about any building. Such orders shall be served in person upon a responsible party or his authorized agent or by registered or certified mail sent to the address of a responsible party set forth in any relevant application for a permit or in any relevant certificate. The order shall set forth the time within which the condition must be corrected, which time period shall not exceed 30 days unless a longer period is required for good cause shown. A responsible party who fails to correct the condition within the specified time shall be subject to a penalty as provided by law.
B. 
A person subject to inspection under § 69-21 may be required by the Village of Fort Plain to have such inspection performed at such person's own cost and expense by a competent inspector acceptable to the village. Such inspector may be a registered architect, licensed professional engineer, certified code enforcement officer or other person whose experience and training has been demonstrated to the satisfaction of the village. Such inspector shall certify the results of his inspection to the Village of Fort Plain. Any person required by the village to have an inspection performed at his own cost and expense shall not be assessed the fees otherwise prescribed in this chapter.
[Added 2-20-2001 by L.L. No. 2-2001]
A. 
The inspector shall conduct periodic inspections for compliance with the provisions of the Fire Prevention provisions of the Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.
B. 
If entrance to make an inspection is refused or cannot be obtained, the inspector may apply to any court of competent jurisdiction for a warrant to make an inspection.
[Added 2-20-2001 by L.L. No. 2-2001]
A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the fire prevention provisions of the Uniform Fire Prevention and Building Code or this chapter shall comply with all the provisions of the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the inspector finds that there has been a violation of the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the persons responsible.
C. 
Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.
D. 
Violation orders may be served by personal service, by mailing by registered or certified mail.
E. 
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Village Attorney of the Village of Fort Plain.
[Added 2-20-2001 by L.L. No. 2-2001]
A. 
Failure to obtain a building permit prior to the commencement of any work requiring a permit shall result in a fine not to exceed $500. No building permit shall be issued until any outstanding fine has been paid.
B. 
Failure to comply with any other provision of the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not to exceed $250 or imprisonment not to exceed 60 days, or both, and each day such violation continues shall constitute a separate violation.
C. 
An action or proceeding in the name of the Village of Fort Plain may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the fire prevention provisions of the Uniform Fire Prevention and Building Code, this chapter, rule or regulation adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
D. 
In the event that any person, firm, corporation, association or other organization shall commence any work requiring a permit without first obtaining a permit, then in addition to being subject to the issuance of a violation order, a court action and fine, no building permit shall be issued to such party for any work to be performed in the Village of Fort Plain until such party pays a $150 civil penalty to the Village Clerk.
[Added 2-20-2001 by L.L. No. 2-2001]
Fees for building permits, renewals, certificates of occupancy and other related services under this chapter shall be as set forth in the Appendix[1] and as may be modified from time to time by the resolution of the Fort Plain Village Board of Trustees.
[1]
Editor's Note: The Appendix is on file in the village offices and may be examined there during regular office hours.