[HISTORY: Adopted by the Board of Trustees
of the Village of Phoenix 4-17-2007 by L.L. No. 2-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 18.
Outdoor burning — See Ch. 82.
Flood damage prevention — See Ch. 102.
Subdivision of land — See Ch. 169.
Zoning — See Ch. 205.
[1]
Editor's Note: This local law also repealed
former Ch. 98, Fire Prevention and Building Construction, adopted
9-21-1993 by L.L. No. 7-1993 (Ch. 10 of the 1993 Code), as amended.
A.
The purpose of this local law is to provide minimum:
(1)
Requirements to safeguard the public safety, health
and general welfare through structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, energy conservation,
and safety to life and property from fire and other hazards attributed
to the build environment.
(2)
Standards to safeguard life or limb, health, property
and public welfare by regulating and controlling the design, construction,
installation, quality of materials, location, operation and maintenance
or use of fuel gas, plumbing and mechanical systems.
(3)
Requirements consistent with nationally recognized
good practice for providing a reasonable level of life safety and
property protection from the hazards of fire, explosion or dangerous
conditions.
B.
The intent of this local law provides for the repeal and replacement of the existing Code of Phoenix Chapter 98[1] by this local law and for the administration and enforcement
of the Uniform Code and the Energy Code, the Code of Phoenix and this
local law in this Village. This local law is adopted pursuant to § 10
of the Municipal Home Rule Law. Except as otherwise provided in the
Uniform Code, the Energy Code, other New York State laws and regulations,
the Code of Phoenix or other section of this local law; all construction,
alteration, movement, enlargement, replacement, repair, equipment,
use and occupancy, location, removal and demolition of every building
or structure or any appurtenances connected or attached to such buildings
or structures are subject to the provisions of this local law.
[1]
Editor's Note: “Chapter 98” refers
to the former Ch. 98, Fire Prevention and Building Construction, adopted
9-21-1993 by L.L. No. 7-1993 (Ch. 10 of the 1993 Code), as amended.
As used in this local law, the following terms
shall have the meanings indicated:
The Village Zoning Board of Appeals.
The Codes Enforcement Officer.
A permit issued pursuant to § 98-4 of this local law. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this local law.
A permit issued pursuant to § 98-10 of this local law. The term “business/operating permit” shall also include a business/operating permit which is renewed, amended or extended pursuant to any provision of this local law.
A certificate issued pursuant to § 98-7B of this local law.
A certificate issued pursuant to § 98-7A of this local law.
The Codes Enforcement Officer appointed pursuant to § 98-3B of this local law. The Codes Enforcement Officer shall have such authority as provided for under the Code of Phoenix and in addition shall be the “Code Enforcement Officer” as provided for under the Uniform Code, Energy Code, and other related laws, regulations and codes of the State of New York.
The Codes Enforcement Officer and all inspectors. Upon appointment
and delegation by the Codes Enforcement Officer, the Inspector shall
have such authority as the Codes Enforcement Officer has been granted
hereunder.
The Village Code of Phoenix, as amended from time to time.
An order issued by the Codes Enforcement Officer pursuant to § 98-18A of this local law.
A certificate issued pursuant to § 98-7E of this local law.
A structure that is not attached to another structure.
The 2015 International Energy Conservation Code; 2013 ASHRAE
90.1; and 2016 Energy Code Supplement, effective October 3, 2016,
and as hereafter amended from time to time.
[Amended 9-6-2016 by L.L.
No. 4-2016]
Any fee or charge as stated or contemplated hereunder except for a fine or penalty and, including, without limitation, those fees described at § 98-19 and any fee schedule duly adopted by the Village of Phoenix Board of Trustees.
Any person or entity responsible for the entire project,
from contracting with subcontractors and suppliers to scheduling and
reviewing their work; ensuring code compliance; worker and job site
safety; coordination of work schedules; and compliance with contractual
deadlines.
An inspector appointed pursuant to § 98-3D of this local law.
This Local Law No. 1-2007. In addition, any other law, regulation,
code or similar statutory enactment or promulgated provision(s) of
state or local law governing the subject matter hereof which is incorporated
in such local law by reference or inference, even if not specifically
enumerated, shall be deemed as part of this Local Law No. 1-2007,
provided the Codes Enforcement Officer can be legally charged with
the enforcement and administration thereof.
The owner or holder of title to any personal or real property
subject hereof.
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.
An order issued pursuant to § 98-6 of this local law.
Any person or entity that contracts with a general contractor
or a subcontractor for the improvement of the real property and that
performs some part of the general contractor’s contract with
the owner.
The 2015 International Building Code; 2015 International
Residential Code; 2015 International Existing Building Code; 2015
International Fire Code; 2015 International Plumbing Code; 2015 International
Mechanical Code; 2015 International Fuel Gas Code; 2015 International
Property Maintenance Code; and 2016 Uniform Code Supplement, effective
October 3, 2016, and as hereafter amended from time to time.
[Amended 9-6-2016 by L.L.
No. 4-2016]
The Village of Phoenix.
The action(s) or performance(s) contemplated or permitted
under a building permit or any other permit, permission or approval
issued hereunder.
The Codes Enforcement Officer.
A.
The office of Codes Enforcement Officer is hereby
created. The Codes Enforcement Officer shall administer and enforce
all the provisions of the Uniform Code, the Energy Code, the Code
of Phoenix, and this local law. The Codes Enforcement Officer shall
have the following powers and duties (however, such powers and/or
duties to administer, enforce and issue permits relative to the National
Electrical Code, the Plumbing Code of New York State, federal and
state stormwater management regulations and floodplain regulations
may be, in the discretion of the Village Board, as indicated by resolution
duly adopted from time to time hereafter, delegated to others):
(1)
To receive, review, and approve or disapprove applications
for building permits, business/operating permits, changes of occupancy
and floodplain permits, and the plans, specifications and construction
documents submitted with such applications;
(2)
Upon approval of such applications, to issue building
permits, business/operating permits, changes of occupancy and floodplain
permits and to include such terms and conditions as the Codes Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to
be made prior to the issuance of temporary or final certificates of
occupancy, temporary or final certificates of compliance, business/operating
permits, firesafety and property maintenance inspections, inspections
incidental to the investigation of complaints, inspections and investigations
of land development activities as, or as directed by, a stormwater
management officer, pursuant to applicable chapters of the Code of
Phoenix and all other inspections required or permitted under any
provision of this local law;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To issue and/or withhold permits, temporary or final
certificates of occupancy/certificates of compliance, approvals, inspections
and the like pending the collection of unpaid fees and penalties as
set by the Village Board;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney and upon
Village Board approval, to pursue such legal actions and proceedings
as may be necessary to enforce the Uniform Code, the Energy Code,
the Code of Phoenix and this local law, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, the Code
of Phoenix or this local law; and
(11)
To exercise all other powers and fulfill all other
duties conferred upon the Codes Enforcement Officer by this local
law.
B.
The Codes Enforcement Officer shall be appointed by
the Village Mayor with Village Board approval. The Codes Enforcement
Officer 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 Codes Enforcement Officer shall obtain
any required certification from New York State pursuant to the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Codes Enforcement Officer is
unable to serve as such for any reason, an individual shall be appointed
by the Village Mayor with Village Board approval to serve as Acting
Codes Enforcement Officer. The Acting Codes Enforcement Officer shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the Codes Enforcement Officer by
this local law.
D.
One or more inspectors may be appointed by the Village
Mayor with Village Board approval to act under the supervision and
direction of the Codes Enforcement Officer and to assist the Codes
Enforcement Officer in the exercise of the powers and fulfillment
of the duties conferred upon the Codes Enforcement Officer by this
local law. Each inspector shall, within the time prescribed by law,
obtain such basic training, in-service training, advanced in-service
training and other training as the State of New York shall require
for code enforcement personnel, and each inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
E.
The compensation for the Codes Enforcement Officer
and inspectors shall be fixed from time to time by the Village Board.
A.
Building permits required.
(1)
Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code, the Energy Code, the Code of Phoenix and/or this local law, including but not limited to the construction, alteration, movement, enlargement, replacement, repair, use and occupancy, location, maintenance, removal and demolition of:
(a)
Buildings and structures, including but not
limited to detached one- and two-family dwellings (i.e., stick-built,
manufactured or modular homes), multiple attached or clustered single-family
dwellings (patio homes, townhouses), one-family dwellings converted
to a bed-and-breakfast, community residences, hospice residences,
mobile homes, garages or pole-style buildings; load-bearing walls,
columns, piers and floor joists; roof trusses, and rafters; carports,
porches, decks, or entryways; sheds; handicap ramps and other accessible
construction; and/or in-ground and aboveground swimming pools;
(b)
Appurtenances connected or attached to buildings
and structures, including but not limited to the installation of fuel
gas distributing piping and equipment, fuel-gas-fired water heaters
and water-heater venting systems; fuel gas piping systems, utilization
equipment and related accessories; mechanical systems, system components
equipment and appliances that are permanently installed and utilized
to provide control of environmental conditions and related processes
within buildings and solid-, liquid- or gas-fuel-burning heating appliances;
(c)
Safeguards from the hazard of fire and explosion,
conditions hazardous to life, property or public welfare and matters
related to fire suppression and alarm systems.
(2)
No person, firm, corporation, association or partnership
shall commence any work for which a building permit is required without
first having obtained a building permit from the Codes Enforcement
Officer.
B.
Exemptions. Subject to the provisions of § 98-23 authorizing waivers and modifications, in the discretion of the Codes Enforcement Officer, no building permit may be required for work in the following categories:
(1)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
attached or clustered single-family dwellings (patio homes, townhouses)
which are used for tool and storage sheds, playhouses or similar uses,
provided the gross floor area does not exceed 100 square feet;
(2)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple attached
or clustered single-family dwellings (patio homes, townhouses);
(3)
Installation of swimming pools associated with a one-
or two-family dwelling or multiple attached or clustered single-family
dwellings (townhouses) where such pools are designed for a water depth
of less than 24 inches;
(4)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(5)
Installation of partitions or movable cases less than
five feet nine inches in height;
(6)
Roofing, painting, wallpapering, tiling, carpeting,
or other similar finish work;
(7)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(8)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(9)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
(b)
The removal or change of any required means
of egress; or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire protection system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code, the Code of Phoenix, or any other provisions of this local law, nor of homeowners' association, common area association declaration, restrictions, bylaws or the like, nor any other contractual rights of another person or property. Any exception granted on the basis of plans and specifications required and submitted for review shall not be construed as a representation or opinion that no other such issues or violations exist and shall require that such construction not be in violation of any such legal or contractual requirements and be strictly in accordance with such plans and specifications submitted and that a copy of same be on file with the Village prior to issuance of an exemption certificate. The plans and specifications may be in such form as required by the Codes Enforcement Officer based upon the complexity of the installation or construction involved and need not necessarily be architect- or engineer-drafted plans or specifications. An exemption certificate will be issued by the Codes Enforcement Officer prior to commencement of installment or construction upon request by the owner.
D.
Application for building permit. The application,
on a form provided by or otherwise acceptable to the Codes Enforcement
Officer, shall be signed by either or both the owner of the property
where the work is to be performed and the general contractor or construction
manager, or subcontractor (only where there is no general contractor
or construction manager) who will be responsible for the work. The
Codes Enforcement Officer shall determine who shall be responsible
to sign the application of the foregoing persons. The application
shall include such information as the Codes Enforcement Officer deems
sufficient to permit a determination by the Codes Enforcement Officer
that the intended work complies with all applicable requirements of
the Uniform Code, Energy Code, the Code of Phoenix and this local
law. The application shall include or be accompanied by the following
information and documentation:
(1)
Full name and address of the owner, and if by a corporation,
the name and address of the responsible officer(s);
(2)
Full name and address of the general contractor, and
if by a corporation, the name and address of the responsible officer(s);
(3)
Proof of workers’ compensation and disability insurance on a form approved by the New York State Workers’ Compensation Law and the General Municipal Law; as well as certificates of insurance in the form required at Subsection F(1) and (2) naming the Village of Phoenix as additional insured and certificate holder. The foregoing notwithstanding, no certificate of liability insurance shall be required naming the Village as additional insured where the work proposed is not on, near, or the cause of potential liability exposure to the Village or Village property, as determined by the Codes Enforcement Officer;
(4)
Other related permits, including a plumbing permit
issued by the County Department of Plumbing; an electrical permit
issued by an approved Certified Electrical Inspector; and, where applicable,
a driveway permit from New York State Department of Transportation
or Onondaga County Department of Transportation;
(5)
The Tax Map number and the 911-assigned street address
of the property where the work is to be performed;
(6)
Identification and/or description of the land where
the work is to be done, including a boundary and, as and if required
by the Codes Enforcement Officer, a topographical survey map by a
NYS licensed land surveyor, certified to the Village of Phoenix, and
showing location of all federal and state wetlands, floodplains and
floodways, utilities, easements, restrictions, setbacks, any violations
or encroachments, and any other relevant statement of facts reasonably
necessary for a proper evaluation of the application/project proposal.
Elevations on required topographical surveys shall be shown at not
less than three-foot contours and shall extend to 20 feet beyond each
property boundary line either by actual survey or the surveyors’
best estimate (where access is not permitted) as noted on the survey
map;
(7)
A description of the use and/or occupancy of the property
and the occupancy classification of any affected building or structure
on the property;
(8)
Where applicable, an asbestos survey in accordance
with the amended Industrial Code Rule 56;
(9)
Where applicable, a statement of special inspections
prepared as required by the Codes Enforcement Officer and in accordance
with the provisions of the Uniform Code, the Energy Code, the Code
of Phoenix or this local law;
(10)
At least three sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code, the Code of Phoenix and
this local law; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
(11)
The required fee(s).
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in § 98-4D(9) hereof. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Codes Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Codes Enforcement Officer, one set shall be filed with the Village Clerk and one shall be given back to the applicant. Work, including excavation, shall not be commenced until and unless a building permit is issued.
F.
Demolitions. In the case of all demolitions, the Codes
Enforcement Office shall not issue a permit until the applicant furnishes:
(1)
A public liability insurance policy issued by a carrier
licensed to do business in the State of New York in the sum of $100,000
to $300,000 or such additional coverage as the Codes Enforcement Officer
may determine necessary to adequately protect the Village and public
generally. The policy may be evidenced by an unconditional binder,
certificate, and/or endorsement naming the Village owner(s) as additional
named insured and certificate holder and shall provide that it will
not be canceled, expired, terminated, or be materially modified, including
for nonpayment of premium, without 20 days’ prior written notice
to the Village and shall be otherwise subject to approval as to form
by the Village Attorney.
(2)
Proof of workers’ compensation and disability
insurance on a form approved by the New York State Workers’
Compensation Law and the General Municipal Law; as well as a certificate
of general, and if required by the Codes Enforcement Officer, automobile
and pollution liability insurance(s) naming the Village of Phoenix
as additional insured and certificate holder.
(3)
The Codes Enforcement Officer shall not issue a permit
to demolish a structure until the applicant has provided an asbestos
survey as required by the New York State Department of Labor’s
Law, 12 NYCRR, Part 56, "Asbestos," amended Industrial Code Rule 56;
and such asbestos survey has been reviewed by the Codes Enforcement
Officer to determine whether the asbestos survey complied with 12
NYCRR, Part 56, "Asbestos," amended Industrial Code Rule 56, Section
56-5.
(4)
The application shall also indicate the method and
place of disposal of the debris from the demolition and a plan for
the restoration of the property, including the filling of all excavations
or below-ground-level openings and the capping or removal of sewer
lines and waterlines if there is no intention to immediately rebuild
on the site.
G.
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, Energy Code, the Code of Phoenix and this local law. The Codes
Enforcement Officer shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the Uniform
Code, Energy Code, the Code of Phoenix and this local law.
H.
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.
I.
Work to be performed 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 Codes Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Codes Enforcement
Officer determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
J.
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 one year 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 Codes Enforcement Officer.
K.
Revocation or suspension of building permits. If the
Codes Enforcement Officer determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code, Energy Code, the Code of Phoenix, this local law or
where the Codes Enforcement Officer finds that the work performed
under the permit is not in accordance with the provisions of the applications,
plans, or specifications, the Codes Enforcement Officer shall revoke
the building permit or suspend the building permit until such time
as the permit holder demonstrates that all work then completed is
in compliance with all applicable provisions of the Uniform Code,
the Energy Code, the Code of Phoenix and this local law; and all work
then proposed to be performed shall be in compliance with all applicable
provisions of the Uniform Code, the Energy Code, the Code of Phoenix
and this local law.
L.
Small solar collection systems.
[Added 4-16-2019 by L.L.
No. 2-2019[1]]
(1)
Certain
small-scale solar collection systems of 25 kw or less are hereby expressly
permitted for use upon or appurtenances to residential structures,
subject and pursuant to the New York State uniform solar permitting
procedure, an expedited permitting procedure adopted hereby and intended
to, by duly adopted conditional resolution of the Village Board of
the Village of Phoenix also adopted this date, incorporate the Village’s
application and related forms, which are substantially in the form
as the model resolution and application form proposed by New York
State, and true copies of which Village forms and the resolution adopting
same are annexed to this section and incorporated herein by reference
as well.
(2)
For
standard installation of solar panels on residential structures or
legal accessory structures on residentially utilized properties, the
Village Board hereby adopts the New York State Unified Solar Permit
("NYSUSP") application and permitting procedure applicable to small-scale
solar collection systems of 25 kw or less that is annexed to the resolution
above referenced, and which resolution and attachments are likewise
attached to and made a part hereof as Schedule A,[2] same to be utilized as an alternative to the existing building permit application forms and procedures set forth in the Village Code, Chapter 98; and to the extent practicable, a central registry of all solar panel installations by address shall be maintained by the Code Enforcement Officer to be shared with the local police, fire and/or ambulance organizations or agencies.
[2]
Editor’s Note: Schedule A is on file in the Village
offices.
(3)
No solar
collection system or proposal for same that does not meet the strict
requirements of the permitting scheme adopted hereby shall be qualified
for review or permitting under this section.
M.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 98-19, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
N.
Appeal of Codes Enforcement Officer’s decision. The Board of Appeals will review such orders, requirements, decisions or determinations of the Codes Enforcement Officer over which it has jurisdiction under the Code of Phoenix’s Chapter 205, Zoning, § 205-32, Board of Appeals, and applicable laws of New York State. The applicant (owner) of the building permit may request a review of the written order, decision or determination that was made by the Codes Enforcement Officer by the Board of Appeals. Such request can be made no later than 60 days from the date that the written order, decision or determination was made by the Codes Enforcement Officer. The request shall be on a form approved by the Village.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Codes Enforcement Officer. The permit holder shall notify the Codes Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. Except as otherwise
provided herein, the following elements of the construction process
shall be inspected, where applicable:
(1)
Work site: at the Codes Enforcement Officer’s
discretion, after issuance of building permit, drainage swales and
easements are completed, construction driveway is installed and perimeter
of property and catch basins are protected by a silt fence. Silt fences
shall be inspected throughout the work and shall be maintained until
the soil is seeded and mulched.
(2)
Abatement/demolition: when abatement/demolition of
interior, roofing and other building materials is complete;
(3)
Excavation: after excavation, forming of footing and/or
concrete slab, but before pouring the concrete;
(4)
Foundation: once the anchor bolts, sill plates and
interior and exterior drains along the foundation walls are in place,
but before framing and backfilling;
(5)
Framing (including fire-resistant construction and/or
penetrations): once framing is 100% complete, but before installing
any insulation;
(6)
Underground and rough-in plumbing systems: once framing
is 100% complete, but before installing any insulation inspection
by the Codes Enforcement Officer or County Plumbing Department is
required;
(7)
Underground and rough-in electrical systems: once
framing is 100% complete, but before installing any insulation inspection
of the electrical wiring, junction boxes and service by the approved
certified Electrical Inspector is required;
(8)
Insulation: once insulation is complete, but before
any sheet rocking, paneling, or other wall covering is installed/constructed;
(9)
Final inspection of appurtenances connected or attached
to buildings or structures for a certificate of compliance: once all
work is complete, but before:
(a)
Any operation or use of permitted appurtenances
connected or attached to a building or structure, accessible construction
or a pool shall occur;
(b)
Final electrical inspection of the electrical
wiring, junction boxes and service by an approved certified Electrical
Inspector;
(c)
Verification of Energy Code compliance is obtained
or submitted.
(10)
Final inspection of all buildings or structures, including
where the demolition of a building or structure was permitted, for
a certificate of occupancy: once all work and grading is complete,
but before:
(a)
Anyone can reside, assemble or use a building
or related structure;
(b)
As-built construction documents, if applicable,
are drawn or submitted;
(c)
Final plumbing inspection by the County Plumbing
Department or Codes Enforcement Officer is conducted;
(d)
Final electrical inspection of the electrical
wiring, junction boxes and service by an approved certified Electrical
Inspector is conducted;
(e)
Verification of Energy Code compliance is obtained
or submitted.
C.
Inspection results. After inspection, the work or
a portion thereof shall be noted as satisfactory as completed, or
the permit holder shall be notified as to where the work fails to
comply with the Uniform Code, the Energy Code, the Code of Phoenix
and this local law. Work not in compliance with any applicable provision
of the Uniform Code, the Energy Code, the Code of Phoenix and this
local law shall remain exposed until such work shall have been brought
into compliance with all applicable provisions of the Uniform Code,
the Energy Code, the Code of Phoenix and this local law, re-inspected,
and found satisfactory as completed.
A.
Authority to issue. The Codes Enforcement Officer
is authorized to issue stop-work orders pursuant to this section.
The Codes Enforcement Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Codes Enforcement
Officer to be contrary to any applicable provision of the Uniform
Code, the Energy Code, the Code of Phoenix or this local law, 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
(2)
Any work that is being conducted in a dangerous or
unsafe manner in the opinion of the Codes Enforcement Officer, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(3)
Any work for which a building permit is required which
is being performed without the required building permit, or under
a building permit that has become invalid, has expired, or has been
suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall
be in writing, be dated and signed by the Codes Enforcement Officer,
state the reason or reasons for issuance, and, if applicable, state
the conditions which must be satisfied before work will be permitted
to resume.
C.
Service of stop-work orders. The Codes Enforcement
Officer shall cause the stop-work order, or a copy thereof, to be
served on the owner of the affected property (and, if the owner is
not the permit holder, on the permit holder) personally or by first-class
mail. The Codes Enforcement Officer shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
first-class mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. Upon the issuance of a
stop-work order, the owner of the affected property, the permit holder
and any other person performing, taking part in or assisting in the
work shall immediately cease all work which is the subject of the
stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 98-18, Enforcement; penalties for offenses, of this local law 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.
Conditional or final certificate of occupancy required.
A certificate of occupancy shall be required for any work which is
the subject of a building permit and for all buildings, structures,
or portions thereof which are converted from one use or occupancy
classification or subclassification to another. Permission to use
or occupy a building or structure, or portion thereof, for which a
building permit was previously issued shall be granted only by issuance
of a certificate of occupancy.
B.
Conditional or final certificate of compliance required.
A certificate of compliance shall be required for any work which is
the subject of a building permit and for all buildings, structures,
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 compliance.
C.
Issuance of conditional or final certificate of occupancy/certificate
of compliance. The Codes Enforcement Officer shall issue a conditional
or final certificate of occupancy/certificate of compliance if the
work which was the subject of the building permit was completed in
accordance with all applicable provisions of the Uniform Code, the
Energy Code, the Code of Phoenix and this local law. The Codes Enforcement
Officer or an inspector authorized by the Codes Enforcement Officer
shall inspect the work prior to the issuance of a temporary or final
certificate of occupancy/certificate of compliance. In addition, where
applicable, the following documents, prepared in accordance with the
provisions of the Uniform Code, the Energy Code, the Code of Phoenix
and this local law by such person or persons as may be designated
by or otherwise acceptable to the Codes Enforcement Officer, at the
expense of the applicant for the temporary or final certificate of
occupancy/certificate of compliance, shall be provided to the Codes
Enforcement Officer prior to the issuance of the temporary or final
certificate of occupancy/certificate of compliance:
D.
Contents of conditional or final certificate of occupancy/certificate
of compliance. A certificate of occupancy/certificate of compliance
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy/certificate of compliance
is not applicable to an entire structure, a description of that portion
of the structure for which the certificate of occupancy/certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the Codes Enforcement Officer issuing
the certificate of occupancy/certificate of compliance and the date
of issuance.
E.
Conditional certificate of occupancy/certificate of
compliance. The Codes Enforcement Officer shall be permitted to issue
a conditional certificate of occupancy/certificate of compliance 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 Codes Enforcement Officer issue
a conditional certificate of occupancy or certificate of compliance
unless the Codes Enforcement Officer determines that the building
or structure thereof covered by the conditional certificate may be
occupied safely, that any fire- and smoke-detecting or fire-protection
equipment which has been installed is operational, and that all required
means of egress from the building or structure have been provided.
The Codes Enforcement Officer may include in a conditional certificate
of occupancy or certificate of compliance such terms and conditions
as he or she deems necessary or appropriate to ensure safety or to
further the purposes and intent of the Uniform Code, the Energy Code,
the Code of Phoenix and this local law. A conditional certificate
shall be effective for a period of time, not to exceed in any event
six months, which shall be determined by the Codes Enforcement Officer
and specified in the conditional certificate. During the specified
period of effectiveness of the conditional certificate of occupancy
or certificate of compliance, the permit holder shall undertake to
bring the work into full compliance with all applicable provisions
of the Uniform Code, the Energy Code, the Code of Phoenix and this
local law.
F.
Revocation or suspension of conditional or final certificate
of occupancy/certificate of compliance. If the Codes Enforcement Officer
determines that a temporary or final certificate of occupancy/certificate
of compliance was issued in error because of incorrect, inaccurate
or incomplete information, and if the relevant deficiencies are not
corrected to the satisfaction of the Codes Enforcement Officer within
such period of time as shall be specified by the Codes Enforcement
Officer, the Codes Enforcement Officer shall revoke or suspend such
certificate.
The chief of any fire department providing fire-fighting
services for a property within this Village shall promptly notify
the Codes Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the provisions and procedures established by Chapter 98 of the Code of Phoenix,[1] the Fire Code of New York State and/or the Property Maintenance
Code of New York State, as now in effect or as hereafter amended from
time to time.
A.
Business/operating permits required.
(1)
A business/operating permit shall be required for
conducting the activities or using the categories of buildings listed
below:
(a)
Manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in Table 2703.1.1(1),
2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled
"Fire Code of New York State" and incorporated by reference in 19
NYCRR 1225.1;
(b)
Hazardous processes and activities, including
but not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Operation and/or use of dust-producing plants;
use and operation of 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;
(d)
Use or operation of a junkyard;
(e)
Use or operation of a lumberyard;
(f)
Buildings containing one or more areas of public
assembly with an occupant load of 100 persons or more; and
(g)
Buildings whose use or occupancy classification
may pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Village Board.
B.
Applications for business/operating permits. An application
for a business/operating permit shall be in writing on a form provided
by or otherwise acceptable to the Codes Enforcement Officer. Such
application shall include such information as the Codes Enforcement
Officer deems sufficient to permit a determination by the Codes Enforcement
Officer that proposed or existing quantities, materials, and activities
will conform to continue to conform to the requirements of the Uniform
Code, the Energy Code, the Code of Phoenix and this local law. If
the Codes Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Codes Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Codes Enforcement Officer or an inspector
authorized by the Codes Enforcement Officer shall inspect the subject
premises prior to the issuance of a business/operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Codes Enforcement Officer may require a separate business/operating permit for each such activity, or the Codes Enforcement Officer may, in his or her discretion, issue a single business/operating permit to apply to all such activities.
E.
Duration of business/operating permits. Business/operating
permits shall be issued for one year in the case of any business/operating
permit issued for an area of public assembly and three years in any
other case, as shall be determined by the Codes Enforcement Officer
to be consistent with local conditions. The effective period of each
business/operating permit shall be specified in the business/operating
permit. A business/operating permit may be reissued or renewed upon
application to the Codes Enforcement Officer, payment of the applicable
fee, the completion and/or receipt of any inspection(s), report(s)
or other due diligence deemed necessary by the Codes Enforcement Officer,
and approval of such application by the Codes Enforcement Officer.
F.
Revocation or suspension of business/operating permits.
If the Codes Enforcement Officer determines that any activity or building
for which a business/operating permit was issued does not comply with
any applicable provision of the Uniform Code, the Energy Code, the
Code of Phoenix, or this local law, such business/operating permit
shall be revoked or suspended.
G.
Fee. The fee, if any, specified in or determined in accordance with the provisions set forth in § 98-19, Fees, of this local law must be paid at the time of submission of an application for a business/operating permit, for an amended business/operating permit, or for reissue or renewal of a business/operating permit.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Codes Enforcement Officer or an inspector designated by the Codes
Enforcement Officer at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
(3)
Firesafety and property maintenance inspections of all public areas of multiple dwellings and other rental dwellings not included in Subsection A(1) or (2) shall be performed at least once every 36 months. The owner of the dwelling shall be given 10 days’ notice of such inspections and is required to post a notice informing the tenants of the dwelling that they have the right to request the Codes Enforcement Officer to inspect their respective dwelling unit.
B.
Other 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 Codes Enforcement Officer or an inspector designated by the Codes Enforcement Officer at any time upon: the request of the owner of the property to be inspected by any tenant or an authorized agent of such owner; receipt by the Codes Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code, Energy Code, the Code of Phoenix, or this local law exist; or receipt by the Codes Enforcement Officer of any other information, reasonably believed by the Codes Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code, Energy Code, the Code of Phoenix, or this local law 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.
C.
OFPC inspections. Nothing in this section or in any
other provision of this local law shall supersede, limit or impair
the powers, duties and responsibilities of the New York State Office
of Fire Prevention and Control ("OFPC") and the New York State Fire
Administrator under Executive Law § 156-e and Education
Law § 807-b. Notwithstanding any other provision of this
section to the contrary if the Village has delegated such duties to
the OFPC:
(1)
The Codes Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(2)
The Codes Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Codes Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Codes Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
A.
Authorization to make inspections. The duly appointed
certified Electrical Inspector or an inspection agency (that employs
such certified Electrical Inspector) that is approved by the Village
is hereby authorized and deputized as inspector and agent of the Village
to make inspections and re-inspections of all electrical installations
described in this local law, and to approve or disapprove the same.
In no event, however, will the cost or expense of such inspections
and re-inspections be a charge against the Village.
B.
Duties of certified Electrical Inspector:
(1)
It shall be the duty of the certified Electrical Inspector
to report to the Codes Enforcement Officer all violations of or deviations
from or omissions of the electrical provisions of the National Electric
Code, the Uniform Code, the Code of Phoenix or this local law. The
certified Electrical Inspector shall make inspections and re-inspections
of electrical installations in and on properties in the Village upon
the written request of the Codes Enforcement Officer or Fire Chief
or as provided in the Chapters 33 through 42 (Electrical Part) of
the National Fire Protection Association, the National Electric Code,
the Uniform Code, the Code of Phoenix or this local law.
(2)
The certified Electrical Inspector is authorized to
make inspections and re-inspections of electrical wiring installations,
devices, appliances and equipment in and on properties within the
Village where he or she deems it necessary for the protection of life
and property.
(3)
In the event of an emergency, it is the duty of the
certified Electrical Inspector to make electrical inspections upon
the oral request of an official or officer of the Village.
(4)
The certified Electrical Inspector shall furnish written
reports to the proper officials of the Village and owners and/or lessees
of property where defective electrical installations and equipment
are found upon inspection.
(5)
The certified Electrical Inspector shall authorize
the issuing of a certificate of compliance when electrical installations
and equipment are in conformity with the National Electrical Code,
the Uniform Code, the Code of Phoenix or this local law, and he or
she shall direct that a copy of the certificate of compliance be sent
to the Codes Enforcement Officer.
C.
Exceptions.
(1)
The provisions of this local law shall not apply to
the electrical installations in mines, ships, railway cars, automotive
equipment or the installations or equipment employed by a railway,
electrical or communications utility in the exercise of its function
as a utility, and located outdoors or in buildings used exclusively
for that purpose.
(2)
This local law shall not apply to any building which
is owned or leased in its entirety by the government of the United
States, the State of New York or the Village.
D.
No waiver or assumption of liability. This local law
shall not be construed to relieve from or lessen the responsibility
of any person owning, operating, controlling or installing any electrical
wiring, devices, appliances or equipment for loss of life or damage
to person or property caused by any defect therein, nor shall the
Village or duly appointed certified Electrical Inspector or an inspection
agency who employs such Inspector that is approved by the Village
be deemed to have assumed any liability by reason of any inspection
made pursuant to this local law.
E.
Violations of this local law.
(1)
It shall be a violation of this local law for any
person to install or cause to be installed or to alter or repair electrical
wiring for light, heat or power in or on properties in the Village
until an application for inspection has been filed with the duly appointed
certified Electrical Inspector or an inspection agency who employs
such Inspector that is approved by the Village.
(2)
It shall be a violation of this local law for a person
to connect or cause to be connected electrical wiring in or on properties
for light, heat or power to any source of electrical energy supply
prior to the issuance of a temporary or final certificate of compliance,
by the duly appointed certified Electrical Inspector or an inspection
agency who employs such Inspector that is approved by the Village.
Unsafe structures and equipment in this Village
shall be identified and addressed in accordance with the following
procedures and/or in accordance with the New York State Property Maintenance
Code:
A.
A building or structure which is in imminent danger
to life and safety as a result of structural instability, fire, explosion
or other hazardous situation shall be made safe and secure or demolished
and removed by the owner thereof.
B.
The Codes Enforcement Officer 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 or repairs or to demolish
and remove such building or structure or part thereof.
C.
In case any such building or structure, or part thereof,
shall at any time, in the judgment of the Codes Enforcement Officer,
require demolition or removal, said Codes Enforcement Officer shall
serve a notice upon the owner of said building or structure requiring
said owner to demolish or remove said building or structure or part
thereof within 30 days of the receipt of the notice either personally
served upon said owner or served upon said owner by certified mail,
return receipt requested, at the mailing address listed in the most
recent tax roll.
D.
The owner of any such building or structure must make any appeal of the determination of the Codes Enforcement Officer in accordance with the provisions of Executive Law § 381, Subdivision 1f, within 30 days of receipt of the notice specified in Subsection C.
E.
If any owner of any such building or structure, within 30 days of the receipt of the notice specified in Subsection C, shall neglect or refuse to demolish or remove, or appeal the issuance of the notice, the Superintendent of Public Works shall forthwith demolish or remove such building or structure, or part thereof, without further notice, in such manner as the Superintendent of Public Works shall deem suitable and proper and shall file a certificate of the expense thereof with the Clerk and/or Treasurer of the Village of Phoenix, who shall certify the same to the Assessor serving the Village of Phoenix, and the same shall thereupon be assessed upon said lot or parcel of land upon which such building or structure is located for collection with the next assessed taxes.
F.
Notwithstanding the foregoing provisions of this section, where it reasonably appears that there is a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Codes Enforcement Officer shall cause the owner to be noticed in the manner provided under § 98-13C hereof such notice to provide not fewer than three days to repair and secure or demolish such building or structure, and shall, upon expiration of such notice and failure of the owner to immediately repair and secure or demolish the building or structure, cause the immediate repair or demolition of such unsafe building. For this purpose, he/she may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a public or private road. The expenses of such repair or demolition shall be charged against the land on which it is located and shall be assessed, levied and collected as provided in § 98-13E of this local law.
The Codes Enforcement Officer shall, subject
to the following, review and investigate complaints which allege or
assert the existence of conditions or activities that fail to comply
with the Uniform Code, the Energy Code, the Code of Phoenix, this
local law or any other local law or regulation adopted for administration
and enforcement of the Uniform Code, the Energy Code, the Code of
Phoenix or this local law. The process for responding, review and
investigation to a complaint shall include such of the following steps
as the Codes Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 98-18, Enforcement; penalties for offenses, of this local law;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated
or corrected, performing an inspection to ensure that the violation
has been abated or corrected, preparing a final written report reflecting
such abatement or correction, and filing such report with the complaint.
A.
The Codes Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by all
code enforcement personnel, including records of:
(1)
All applications received, reviewed and approved or
denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, temporary or final certificates
of occupancy/certificates of compliance, stop-work orders, and business/operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for
public inspection during normal business hours. All plans and records
pertaining to buildings or structures, or appurtenances thereto, shall
be retained for at least the minimum time period so required by state
law and regulation.
A.
The Codes Enforcement Officer shall annually submit to the Village Board a written report and summary of all business conducted by the Codes Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 98-16, Recordkeeping, of this local law and a report and summary of all appeals or litigation pending or concluded.
B.
The Codes Enforcement Officer shall annually submit
to the Secretary of State, on behalf of this Village, on a form prescribed
by the Secretary of State, a report of the activities of this Village
relative to administration and enforcement of the Uniform Code and
the Energy Code.
C.
The Codes Enforcement Officer shall, upon request
of the New York State Department of State, provide to the New York
State Department of State, from the records and related materials
this Village is required to maintain, excerpts, summaries, tabulations,
statistics and other information and accounts of the activities of
this Village in connection with administration and enforcement of
the Uniform Code and the Energy Code.
A.
Compliance orders. The Codes Enforcement Officer is
authorized to order, in writing, the remedying of any condition or
activity found to exist in, on or about any building, structure, or
premises in violation of the Uniform Code, the Energy Code, the Code
of Phoenix or this local law. Upon finding that any such condition
or activity exists, the Codes Enforcement Officer shall issue a compliance
order. The compliance order shall be in writing; be dated and signed
by the Codes Enforcement Officer; specify the condition or activity
that violates the Uniform Code, the Energy Code, the Code of Phoenix
or this local law; specify the provision or provisions of the Uniform
Code, the Energy Code, the Code of Phoenix or this local law which
is/are violated by the specified condition or activity; specify the
period of time which the Codes Enforcement Officer deems to be reasonably
necessary for achieving compliance; direct that compliance be achieved
within the specified period of time; and state that an action or proceeding
to compel compliance may be instituted if compliance is not achieved
within the specified period of time. The Codes Enforcement Officer
shall cause the compliance order, or a copy thereof, to be served
on the owner of the affected property personally or by first-class
mail. The Codes Enforcement Officer shall be permitted, but not required,
to cause the compliance 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 being performed at the affected property personally
or by first-class mail; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the compliance order.
B.
Appearance tickets. The Codes Enforcement Officer
and each inspector are authorized to issue appearance tickets for
any violation of the Uniform Code, the Energy Code, the Code of Phoenix
or this local law.
C.
Civil penalties. In addition or as an alternative to those penalties prescribed by the Code of Phoenix, § 205-33, and by New York State law, any person who violates any provision of the Uniform Code, the Energy Code, the Code of Phoenix or this local law, or any term or condition of any building permit, temporary or final certificate of occupancy/certificate of compliance, stop-work order, operating permit or other notice or order issued by the Codes Enforcement Officer pursuant to any provision of this local law, shall be liable to 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 subsection shall be recoverable in an action instituted in the name of this Village. The foregoing notwithstanding, no such additional or alternative penalty shall be imposed for the same specific violation and date of violation a penalty was previously imposed for.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Village, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
the Code of Phoenix, this local law, or any term or condition of any
building permit, certificate of occupancy/certificate of compliance,
temporary certificate, stop-work order, operating permit, compliance
order, or other notice or order issued by the Codes Enforcement Officer
pursuant to any provision of this local law. In particular, but not
by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, the Code of Phoenix, this local law, or any stop-work
order, compliance order or other order obtained under the Uniform
Code, the Energy Code, the Code of Phoenix, or this local law, an
action or proceeding may be commenced in the name of this Village,
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 Mayor or Village Board
of Trustees.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 98-6, Stop-work orders, of this local law, in any other section of this local law, 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 § 98-6, Stop-work orders, of this local law, in any other section of this local law, 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. The foregoing notwithstanding, no such additional or alternative penalty shall be imposed for the same specific violation and date of violation a penalty was previously imposed for.
A fee schedule applicable to the provisions hereof shall be established by resolution or resolutions duly adopted from time to time by the Village Board. The fee schedule presently in effect, as of the effective date of this local law, shall be the fee schedule applicable to the items contained therein until such time as amended in the manner aforementioned. Such fee schedule may thereafter be further amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, temporary or final certificates of occupancy/certificate of compliance, business/operating permits, firesafety and property maintenance inspections, and/or other actions of the Codes Enforcement Officer, inspectors or any consultants retained by the Village, including the Village Attorney and/or Engineer as described in, delegated to or as otherwise contemplated by this local law. The Village Board shall have authority to modify the fee schedule as pertains to a specific case or cases, or use or class(es) of use(s), based upon an investigation and report by the Codes Enforcement Officer as to the additional work or complexity of work above and beyond the usual and customary services performed for such fee; provided, however, that except in extraordinary circumstances requiring immediate action by the Codes Enforcement Officer, the Board of Trustees and any other interested parties shall be given not fewer than 10 days’ prior written notice containing the Codes Enforcement Officer’s investigation report and request that additional or increased fees are warranted, and that all such persons have an opportunity to be heard on the issue at the next following Village Board meeting and prior to any such determination. Notice shall be given in the manner provided for at § 98-25 hereof.
The Board of Trustees of this Village may, by
resolution, authorize the Mayor of this Village to enter into an agreement,
in the name of this Village, with other governments to carry out the
terms of this local law, 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.
If any section of this local law shall be held
unconstitutional, invalid, or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair, or invalidate
the remainder of this local law. Furthermore, in such event, any trier
of fact, law, arbitrator or other officer charged with enforcement
or interpretation of this local law shall, where and whenever possible,
strive to modify, and accordingly interpret and enforce such section
or provision held unconstitutional, invalid, or ineffective as a provision
or section which as modified comes closest to the intent of such unconstitutional
invalid or ineffective section or provision without being unconstitutional,
invalid or ineffective.
A.
Discretionary relief. Certain requirements under this Chapter 98 have been mandated for adoption by the State of New York, and accordingly, are deemed minimum standards for which relief may not be granted. Other provisions hereof, included those incorporating by reference other sections of the Code of Phoenix, have been adopted as continuations of existing Code of Phoenix provisions, or as a result of recommendations by Village Board members, the Village Engineer, Codes Enforcement Officer and/or Village Attorney, as well as by and from the Village of Phoenix’s past experiences with development, construction, and the use and occupation of dwellings, buildings and other lands and structures located within the Village. Accordingly, as to such provisions which are not uniform mandatory minimum standards required by New York State, the Board of Trustees of the Village of Phoenix, after consultation with the Codes Enforcement Officer, shall have authority, in its discretion, to waive or modify such requirements to a lesser standard, provided such relief is granted on an equal or equitable basis for all situations and circumstances similarly situate, and given the totality of circumstances relating to a particular case [such as a person(s), developer’s, builder’s or other applicant’s past or present acts or omissions relative to the project or other or past projects within the Village]. The Village Board shall have the authority to follow or decline to follow the Codes Enforcement Officer’s recommendation, if any, or as applicable, to refer same to another Village deliberative body (Planning or Zoning Board of Appeals) for recommendation or for a hearing or the request for relief where such other body has jurisdiction pursuant to the Code of Phoenix or New York State law. The standard to be applied in all such cases shall be whether or not the relief (modification or waiver) sought is appropriate and reasonable under the circumstances such that the objectives of this Code of Phoenix, Chapter 98 (and provisions incorporated hereunder) as it relates to the subject matter of the request for relief can still be achieved notwithstanding the waiver, modification, or other relief from application or enforcement of such provisions. The Village Board or other body shall be entitled to consider the past or present conduct of the person, builder/developer or other applicant in granting any such relief, and shall otherwise ensure that any such waivers, modifications, or similar relief is granted on an equal or equitable basis to all applicants similarly situate. Any request for relief shall be made within 60 days of the decision from which relief is sought was made. The Village Board or other body shall hear the request and make its decision within 60 days from the date of the request for relief. The request for relief shall be made in written form and shall include the submission of all documentary evidence which the applicant is relying upon.
B.
Mandatory relief. Wherever any existing or amended
New York State or federal law is specifically and clearly intended
to, as a matter of law, supersede or preempt any subject matter or
field covered hereunder, including with respect to the requirements
of and for building permits, certificates of occupancy, compliance,
investigations and inspections and the like, the same shall be deemed
to automatically supersede and predominate the specific provisions
or subject matter hereunder and, as such, shall be deemed a grant
of relief (waiver or modification) effective from the commencement
of work, the application for permit, issuance of a violation or stop-work
order or similar event or occurrence. For such provision to be effective,
the Codes Enforcement Officer and Village Clerk shall be provided
conclusive written documentation as to such superseding or preempting
state or federal requirement.
The intent of this Chapter 98 as enacted by this Local Law No. 2 of 2007 is to enact provisions under the amendments to the Uniform Code and Energy Code to be mandated and required by the Village of Phoenix as minimum standards, to incorporate in such amended provisions those additional provisions presently existing under Code of Phoenix, Chapter 98 and related sections which are not superseded by and which mandates higher standards that those required by the foregoing New York State enactments and to add new provisions intended to assist in the enforcement and administration of Chapter 98 as amended hereby. As such, the administration and enforcement of the Code of Phoenix, Chapter 98, as amended, other Code of Phoenix sections incorporated hereunder, and other applicable laws incorporated herein and the costs and expenses incurred in enforcement and administration of same should not, where reasonably possible, as determined by the Village Board of Trustees, be incurred by residents of the Village, but where appropriate and capable of determination, should be incurred by the person(s) owning the premises subject to the administration and/or enforcement actions, or of the actions or proceedings, administrative, legal, equitable or otherwise, including any internal administrative costs and outside or internal contracting or demolition costs incurred by the Village. Such costs and expenses shall be clearly and accurately documented as pertaining to a particular administration and enforcement matter hereunder. Accordingly, it shall be the policy of the Village to require the collection of fees and penalties and such costs incurred from the responsible persons wherever possible in advance of or prior to the performance or issuance of any permits, approvals, inspections, consents, waivers, modifications, releases from suspensions, stop-work orders, and the like. Otherwise, in the event of nonpayment, the person who is owner of the subject premises, whether having actual knowledge or not, shall together and severally with any person(s) responsible for the violation hereof, be liable for the payment of all such fees, penalties and incidental expenses not later than 15 days from written request for same for the Village pursuant to notice given in the manner required hereunder at § 98-25 at the address(es) listed on the Village tax assessment records and any building or other permit application. In the event that the person who is owner of the subject premises is notified by the Village that such violation poses a threat to the public health and safety and such person(s) fail(s) to remedy the violation with a reasonable amount of time, the Village Treasurer shall ensure that all such costs and fees expended by the Village to cure the dangerous condition(s) are placed on the person’s next following Village tax bill and shall thereafter forward all necessary documentation to the County of Onondaga if such costs or part thereof remain unpaid as part of its annual notice of unpaid taxes to the County of Onondaga. All such fees, penalties, administrative, consultants, legal, engineering, demolition, contractors, construction and internal administrative costs (including relative to such enforcement proceedings) reasonably ascertainable and documented to the subject property shall be included in such charges.
A.
Contents of notice. Any notice hereunder to a person
or otherwise pertaining to certain property shall contain:
B.
Service of notice. Except in the event of any emergency,
the date of any hearing or other action contemplated by the notice
shall be scheduled not less than five days after the date of service
of the notice. The notice shall be served:
(1)
By personal service of a copy thereof upon the owner,
executor, administrator, agent or any person having a vested or contingent
interest in such property upon which the condition exists, as such
owner or other person is shown on the assessment/tax billing or building
permit application records of the Village.
(2)
If no such person can reasonably be found, by mailing
to such owner by certified mail a copy of such notice directed to
his last known address as shown by the above records and a copy of
such notice being fixed or set upon the subject building, structure,
if applicable, or property; and
(3)
By personal service of a copy of such notice upon
any adult person known to be residing in or occupying said premises
(if a dwelling), provided such person can be reasonably found.
This local law shall take effect immediately
upon filing in the office of the New York State Secretary of State
in accordance with § 27 of the Municipal Home Rule Law.
