[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 10-13-2022 by L.L. No. 9-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 96,
Building Construction, adopted 8-12-2008 by L.L. No. 6-2008.
A.Â
This chapter provides for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code (the Uniform
Code) and the State Energy Conservation Construction Code (the Energy
Code) in the Village of Woodbury. This chapter is adopted pursuant
to § 10 of the Municipal Home Rule Law.
B.Â
Except as otherwise provided in the Uniform Code, the Energy Code,
other state law, or other section of this chapter, all buildings,
structures, and premises, regardless of use or occupancy, are subject
to the provisions of this chapter.
In this chapter, the following terms shall have the meanings
shown in this section:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
A document issued by the Village stating that work was done
in compliance with approved construction documents and the Codes.
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Village,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
The Code Enforcement Officer appointed pursuant to § 96-3B of this chapter.
The Code Enforcement Officer and all inspectors.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard System for the Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to § 96-3D of this chapter.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 96-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
An order issued by the Code Enforcement Officer pursuant to § 96-17A of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 96-6 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 96-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The Village of Woodbury.
A.Â
The Office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, and this chapter. The Code Enforcement
Officer shall have the following powers and duties, which list is
not all inclusive:
(1)Â
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)Â
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Code Enforcement Officer may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)Â
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)Â
To issue stop work orders;
(5)Â
To review and investigate complaints;
(7)Â
To maintain records;
(8)Â
To collect fees as set by the Board of Trustees of the Village;
(9)Â
To pursue administrative enforcement actions and proceedings;
(10)Â
In consultation with the Village attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code, and this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code, or this chapter;
and
(11)Â
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.Â
The Code Enforcement Officer shall be appointed by the Board of Trustees.
The Code 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 Code Enforcement
Officer shall obtain certification from the Department of State pursuant
to the Executive Law and the regulations promulgated thereunder.
C.Â
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, another individual shall be appointed by the
Board of Trustees to serve as Acting Code Enforcement Officer. The
Acting Code Enforcement Officer shall, during the term of their appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this chapter.
D.Â
One or more inspectors may be appointed by the Board of Trustees
to act under the supervision and direction of the Code Enforcement
Officer and to assist the Code Enforcement Officer in the exercise
of the powers and fulfillment of the duties conferred upon the Code
Enforcement Officer by this chapter. 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 Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
E.Â
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Board of Trustees of the Village.
A.Â
Building permits required. 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 and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Village.
B.Â
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)Â
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses), which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet;
(2)Â
Installation of partitions or movable cases less than five feet nine
inches in height;
(3)Â
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(4)Â
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(5)Â
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
C.Â
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.
D.Â
Applications for building permits. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)Â
A description of the location, nature, extent, and scope of the proposed
work;
(2)Â
The tax map number and the street address of any affected building
or structure;
(3)Â
The occupancy classification of any affected building or structure;
(4)Â
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)Â
At least two sets of construction documents (drawings and/or specifications)
which:
(a)Â
Describe the location, nature, extent, and scope of the proposed
work;
(b)Â
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)Â
Show the location, construction, size, and character of all
portions of the means of egress;
(d)Â
Show a representation of the building thermal envelope;
(e)Â
Show structural information, including, but not limited to,
braced wall designs, the size, section, and relative locations of
structural members, design loads, and other pertinent structural information;
(f)Â
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)Â
Include a written statement indicating compliance with the Energy
Code;
(h)Â
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)Â
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including, but not limited to, the design
professional's seal which clearly and legibly shows both the design
professional's name and license number and is signed by the design
professional whose name appears on the seal in such a manner that
neither the name nor the number is obscured in any way, the design
professional's registration expiration date, the design professional's
firm name (if not a sole practitioner), and, if the documents are
submitted by a professional engineering firm and not a sole practitioner
professional engineer, the firm's certificate of authorization number.
E.Â
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in § 96-4D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer, in writing, or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.Â
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.Â
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.Â
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code 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.
I.Â
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Code Enforcement Officer.
J.Â
Revocation or suspension of building permits. If the Code 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 or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that 1) all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and 2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
[Added 3-16-2023 by L.L. No. 4-2023]
A.Â
Legislative findings and intent. Invoking the powers granted to the
Board of Trustees ("Board") of the Village of Woodbury ("Village"),
by the Municipal Home Rule Law, New York State Constitution and otherwise,
the Board hereby finds that there is a critical and compelling need,
in the public interests as set forth herein, to provide for full and
fair disclosure of the person or persons substantively involved with
entities making certain land use applications before the Village to
ensure that any and all potential conflicts of interest or other ethical
concerns can be identified and addressed by the Village and any and
all affected parties. The law will foster the important goal of an
open and transparent government operations, including the interaction
of public officials and land use applicants, by requiring all land
use applicants that are entities to disclose its limited and general
members, shareholders, officers and directors or any other persons
having control over such entity. The Board further finds and declares:
(1)Â
That in connection with development or potential development in the
Village that land use applications may have a significant impact upon
the health, safety and general welfare of the Village, its inhabitants
and visitors, and upon existing uses, public services, traffic and
the environment, in general.
(2)Â
That under these circumstances, the Board and the public need to
know for purposes of avoiding conflicts of interest, and a meaningful
review of potential conflicts of interest, the identity of every person
(hereinafter a "nondisclosed person") who is a shareholder, member,
director, officer, beneficial owner, authorized person (defined below)
having an interest, or anyone having a controlling position, in any
limited liability company, general or limited partnership, joint venture,
corporation, association, or other entity (hereinafter collectively
and individually referred to as an "entity"), including an entity
doing business as another named individual or entity, that applies
for any land use approval, permit, or permission from any Village
board or official.
(3)Â
Any "authorized person" as used herein shall mean a person, whether
or not a nondisclosed person who is authorized to act or otherwise
acts, solely or in conjunction with others, on behalf of an entity
or to direct, influence or otherwise control the entity in any manner.
B.Â
Disclosure requirement.
(1)Â
Every nondisclosed person for any entity applying for land use approvals,
permitting, or permission, to undertake any activity within the Village
shall complete an entity disclosure statement in the form approved
by the Board, as may be amended from time to time by a Board resolution,
and provide all information required in said form. Said statement
shall be affirmed or sworn to under the penalty of perjury and shall
be filed along with any such land use application or request for permission
to undertake any construction activity within the Village.
(2)Â
In the event that a land use project that has previously received
approval is sold, assigned or otherwise transferred, whether by transfer
of the property or transfer of the management or operation or both
of the entity to another entity, the transferring entity shall notify
the Village in writing, and any such succeeding entity must fully
comply with this section before any work or other activity on the
project shall be permitted to proceed, continue, or be completed.
(3)Â
Said entity disclosure statement shall apply to any approvals, permitting,
or permission for land use in the Village (i.e., any operation, construction
or use affecting the land that requires authorization from the Village)
sought from the Building Inspector, the Board of Trustees, the Planning
Board, the Zoning Board of Appeals, the Architectural Review Board,
or other Village board or official. No such Village board or official
shall process, hear, rehear, approve or sign any application, permit
or authorization which relates directly, or indirectly, to any land
use requiring authorization from the Village unless the application
for such authorization includes a fully completed entity disclosure
statement form approved by the Village, signed and either sworn to
or affirmed.
(4)Â
An entity disclosure statement is not required for any of the following
activities:
(a)Â
Construction of a residential automobile garage, not in excess
of 500 square feet. Said building shall not be used for any purpose
other than the storage of automotive vehicles and other customary
uses for a residential garage;
(b)Â
Construction of accessory structures, other than garages, not
in excess of 300 square feet;
(c)Â
Construction of outdoor decks, sidewalks, or porches;
(d)Â
Construction of outdoor swimming pools;
(e)Â
Installation of fences;
(f)Â
Interior or exterior remodeling of a single-family detached
residential dwelling in existence and with a valid certificate of
occupancy as of the effective date this section, which does not involve
any change of use or increase in the size of the dwelling. Remodeling
includes, but is not limited to, window replacement, door replacement,
plumbing improvements, new siding, removal of interior walls, and
similar improvements;
(g)Â
Installation or removal of home heating oil or propane tanks,
in accordance with all applicable laws;
(h)Â
Repairs and maintenance for a dwelling in existence and with
a valid certificate of occupancy as of the effective date of this
section, including the removal and installation of an individual well
or in-ground septic system; or
(i)Â
Other minor improvements to dwellings or residential lots with an existing certificate of occupancy not specifically noted in this subsection, authorized by the Building Inspector, after consultation with and determination by the Board of Trustees that the improvement falls within the scope, nature, and intent of the exemptions listed in this Subsection B(4)(a) through (h).
C.Â
Penalties for offenses.
(1)Â
Where an entity, nondisclosed person, authorized person, or any agent
or representative thereof refuses or otherwise fails to provide the
information required under this section, the further processing of
such application and any work related thereto ("the application")
shall be suspended in all respects, until such time as the board or
official before which application is submitted or pending determines
that the entity has fully complied with all provisions of this section.
In the event of any form of transfer of the property that is the subject
of the application occurs or the ownership or management or both of
the project is transferred in any manner to another entity during
a pending suspension of the application under this section, then,
in addition to compliance with this section, the application shall
remain suspended until such time as the succeeding entity shall appear
before such board or official before whom the application is pending
and obtain approval for any continued work in relation to the application,
or the processing of the application. The Building Inspector is authorized
to and shall issue a stop-work order on any project where an application
has been suspended under this section.
(2)Â
If any entity, nondisclosed person, authorized person, or any agent or representative thereof provides no information, false information, or grossly inaccurate information, or otherwise makes any misrepresentation in any application, shall, in addition to the suspension of any pending application as set forth in Subsection C(1) above, be subject to a civil penalty of up to 1% of the stated value of the applicant's project as reflected in its application or the fair market value of the applicant's proposed project (whichever is greater) for any violation of this section. The Building Inspector/Code Enforcement Officer is hereby authorized to issue an appearance ticket or other process in Justice Court, and the Board of Trustees may authorize the filing of a complaint in any court for any allowable remedy, for a violation of this section.
(3)Â
Nothing herein shall be deemed to preclude a criminal proceeding
being instituted by the people of the State of New York directly,
or acting through the designated attorney for the Village, against
the entity, nondisclosed person, authorized person, or any agent or
representative thereof in any appropriate court.
(4)Â
Civil penalty. In addition to those penalties prescribed herein and
by state law, any person or entity who violates any provision of this
chapter shall be liable for all reasonable attorney's fees, costs
and disbursements, including, but not limited to, expenditures for
appraisers, accountants or other consultants employed by the Village,
incurred by the Village in connection with the enforcement of this
section, and may assert such claim in any appropriate court proceeding.
A.Â
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.Â
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)Â
Work site prior to the issuance of a building permit;
(2)Â
Footing and foundation;
(3)Â
Preparation for concrete slab;
(4)Â
Framing;
(5)Â
Structural, electrical, plumbing, mechanical, fire protection, and
other similar service systems of the building;
(6)Â
Fire-resistant construction;
(7)Â
Fire-resistant penetrations;
(8)Â
Solid fuel burning heating appliances, chimneys, flues, or gas vents;
(9)Â
Inspections required to demonstrate Energy Code compliance, including,
but not limited to, insulation, fenestration, air leakage, system
controls, mechanical equipment size, and, where required, minimum
fan efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and
controls;
(10)Â
Installation, connection, and assembly of factor manufactured buildings
and manufactured homes; and
(11)Â
A final inspection after all work authorized by the building permit
has been completed.
C.Â
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Code Enforcement Officer or such authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
D.Â
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.Â
Authority to issue. The Code Enforcement Officer is authorized to
issue stop work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop work order to halt:
(1)Â
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)Â
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code 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)Â
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.Â
Content of stop work orders. Stop work orders shall 1) be in writing,
2) be dated and signed by the Code Enforcement Officer, 3) state the
reason or reasons for issuance, and 4) if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
C.Â
Service of stop work orders. The Code 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 certified mail. The Code 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 certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop work order.
D.Â
Effect of stop work order. Upon the issuance of a stop work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop work order,
other than work expressly authorized by the Code Enforcement Officer
to correct the reason for issuing the stop work order.
E.Â
Remedy not exclusive. The issuance of a stop work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 96-17 (Violations) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop work order.
A.Â
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.Â
Issuance of certificates of occupancy and certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or 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 and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure, or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. In addition, where applicable, the following documents,
prepared in accordance with the provisions of the Uniform Code by
such person or persons as may be designated by or otherwise acceptable
to the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)Â
A written statement of structural observations and/or a final report
of special inspections;
(2)Â
Flood hazard certifications;
(3)Â
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)Â
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.Â
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)Â
The building permit number, if any;
(2)Â
The date of issuance of the building permit, if any;
(3)Â
The name (if any), address and tax map number of the property;
(4)Â
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)Â
The use and occupancy classification of the structure;
(6)Â
The type of construction of the structure;
(7)Â
The occupant load of the assembly areas in the structure, if any;
(8)Â
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)Â
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.Â
Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or structure, or a portion thereof,
prior to completion of the work which is the subject of a building
permit. However, in no event shall the Code Enforcement Officer issue
a temporary certificate of occupancy unless the Code Enforcement Officer
determines 1) that the building or structure, or the portion thereof
covered by the temporary certificate of occupancy, may be occupied
safely, 2) that any required fire and life safety components, such
as fire protection equipment and fire, smoke, carbon monoxide, and
heat detectors and alarms are installed and operational, and 3) that
all required means of egress from the structure have been provided.
The Code Enforcement Officer may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Code Enforcement Officer and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, the permit
holder shall undertake to bring the building or structure into full
compliance with all applicable provisions of the Uniform Code and
the Energy Code.
E.Â
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, certification
of compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
The Chief of the fire department providing firefighting services
for a property within the Village shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel burning appliance, chimney, or gas vent.
A.Â
Unsafe buildings, structures, and equipment and conditions of imminent
danger in the Village shall be identified and addressed in accordance
with the following procedures:
(1)Â
Abatement of unsafe buildings. All buildings or structures which
are structurally unsafe, unsanitary or not provided with adequate
egress or which constitute a fire hazard or are otherwise dangerous
to human life or which in relation to existing use constitute a hazard
to safety or health by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment are, severally, for the purpose of this
section, unsafe buildings. All such unsafe buildings are hereby declared
to be illegal and shall be abated by repair and rehabilitation or
by demolition in accordance with the procedure of this section.
(2)Â
Inspections by Code Enforcement Officer. The Code Enforcement Officer
shall examine or cause to be examined every building reported as unsafe
or dangerous and shall make a written record of such examination to
the Village Board. Such examination and report may be made in conjunction
with an engineer or such other expert authorized by the Village Board
for such purpose.
(3)Â
Notice of unsafe building. Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building, he shall give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish the building or structure or portion thereof. Such notice shall be in writing, shall state the conditions found to exist and the work necessary to render the building and structure safe, and may be served upon the person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of same by registered mail to the owner at his last known address. Such notice shall also advise of the availability of a hearing before the Village Board as provided for in Subsection A(4) hereof and shall be filed in the Orange County Clerk's office in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules.
(4)Â
Hearing procedures; time limit for compliance.
(a)Â
Upon receipt of notice given pursuant to Subsection A(3) hereof, the owner, agent or person in control of a subject building or structure shall have the opportunity to present such facts and evidence by experts, including engineers or architects or otherwise, as he may deem necessary, in order to demonstrate that such building is not unsafe, at a hearing before the Village Board at its next regularly scheduled meeting or any special meeting thereof called for such purpose.
(b)Â
A request for such hearing shall be made within 10 days after the service of any notice given pursuant to Subsection A(3) hereof. Such request shall be in writing and addressed to the Code Enforcement Officer, c/o the Village of Woodbury, Highland Mills, New York 10930. At such hearing the Code Enforcement Officer shall present the facts that gave rise to his determination that such a building was unsafe. A failure to request such hearing within the required time shall be deemed a waiver of the right to a hearing unless the Village Board shall excuse such failure for good cause shown.
(c)Â
After such hearing the Village Board shall confirm the Code
Enforcement Officer's determination or reject the same. If the Code
Enforcement Officer's determination is confirmed, such confirmation
shall be in writing and shall briefly state the reason therefor. Such
confirmation shall be served upon the owner, agent or person in control
of the subject structure or building in the same manner as the Code
Enforcement Officer's notice. If the Village Board shall confirm the
Code Enforcement Officer's determination, the owner, agent or person
in control of the subject structure or building shall have 10 days
from service of the determination of confirmation to comply with the
directions thereof, or such shorter period of time as prescribed by
the Village Board, or shall be deemed to have failed to comply and
accordingly shall be subject to all remedies and penalties otherwise
available to the Code Enforcement Officer or Village Board.
(5)Â
Emergency notice and action.
(a)Â
If the Code Enforcement Officer finds that there is actual and
immediate danger of failure or collapse so as to endanger life, such
notice shall also require the building, structure or portion thereof
to be vacated forthwith and not reoccupied until the specific repairs
and improvements are completed, inspected and approved by the Code
Enforcement Officer. The Code Enforcement Officer shall cause to be
posted at each entrance to such building the notice: "This building
is unsafe and its use or occupancy has been prohibited by the Building
Department." Such notice shall remain posted until the required repairs
are made or demolition is completed. It shall be unlawful for any
persons, firm or corporation, or their agents or other servants, to
remove such notice without written permission of the Code Enforcement
Officer or for any person to enter the building except for the purpose
of making the required repairs or of demolishing same.
(b)Â
In case of an emergency which, in the opinion of the Code Enforcement
Officer, involves imminent danger to human life or health, he shall
promptly cause such building, structure or portion thereof to be made
safe or removed. For this purpose, he may at once enter such structure
or land on which it stands, or abutting land or structure, with such
assistance and at such cost as may be necessary. He 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 way.
(6)Â
Failure to obey notice. In case the owner, agent or person in control shall fail, neglect or refuse to comply with a notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, or a confirmation of the Code Enforcement Officer's determination, the Village Board shall be advised of all the facts in the case and shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in emergencies provided for in Subsection A(5) hereof, any contract for demolition and removal of a building in excess of the limitation set out in § 103 of the General Municipal Law shall be through competitive bidding.
(7)Â
Costs of compelling compliance or effective removal. All costs incurred under Subsections A(5) and (6) of this section shall be paid in the first instance from the general Village funds, shall be a charge upon the lands affected and shall be levied and collected in the same manner as all other Village charges. Such charges shall become a lien when the Village Board shall have finally determined and assessed the same by resolution.
A.Â
Operation Permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1)Â
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable maximum allowable quantity
tables found in Chapter 50 of the FCNYS;
(2)Â
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)Â
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(b)Â
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c)Â
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(d)Â
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(f)Â
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)Â
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire byproducts or operating a tire rebuilding plant;
(h)Â
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i)Â
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
(j)Â
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270;
(k)Â
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)Â
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(m)Â
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with such permitting
requirements as may be established by the Board of Trustees.
(3)Â
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in section R327.5 of the RCNYS.
(4)Â
Buildings containing one or more assembly areas;
(5)Â
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)Â
Facilities that store, handle or use hazardous production materials;
(8)Â
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of the Village; and
(9)Â
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Board of Trustees of the Village.
B.Â
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
C.Â
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code 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 Code Enforcement Officer, at the expense of the
applicant.
D.Â
This subsection is intentionally omitted.
E.Â
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in-person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
Village sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
F.Â
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single operating permit to apply to all such activities.
G.Â
Duration of operating permits. Operating permits shall be issued
for a specified period of time consistent with local conditions, but
in no event to exceed as follows:
H.Â
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
I.Â
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.Â
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)Â
At least once every 12 months for buildings which contain an assembly
area;
(2)Â
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)Â
At least once every 12 months for multiple dwellings and all nonresidential
occupancies.
B.Â
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.Â
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(1)Â
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)Â
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)Â
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist;
Provided, however, that nothing in this subsection shall be
construed as permitting an inspection under any circumstances under
which a court order or warrant permitting such inspection is required,
unless such court order or warrant shall have been obtained.
D.Â
OFPC Inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit, or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control (OFPC) and the New York State Fire Administrator or other
authorized entity under Executive Law § 156-e and Education
Law § 807-b.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Code Enforcement Officer may deem to be appropriate:
A.Â
Performing an inspection of the conditions and/or activities alleged
to be in violation and documenting the results of such inspection;
B.Â
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 96-17 (Violations) of this chapter;
C.Â
If appropriate, issuing a stop work order;
D.Â
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.Â
Definitions. For the purposes of this section:
(1)Â
CONDITION ASSESSMENT — An on-site inspection and evaluation
of a parking garage for evidence of deterioration of any structural
element or building component of such parking garage, evidence of
the existence of any unsafe condition in such parking garage, and
evidence indicating that such parking garage is an unsafe structure.
(2)Â
DETERIORATION — The weakening, disintegration, corrosion, rust,
or decay of any structural element or building component, or any other
loss of effectiveness of a structural element or building component.
(3)Â
PARKING GARAGE — Any building or structure, or part thereof,
in which all or any part of any structural level or levels is used
for parking or storage of motor vehicles, excluding:
(4)Â
PROFESSIONAL ENGINEER — An individual who is licensed or otherwise
authorized under Article 145 of the Education Law to practice the
profession of engineering in the State of New York and who has at
least three years of experience performing structural evaluations.
(5)Â
RESPONSIBLE PROFESSIONAL ENGINEER — The professional engineer
who performs a condition assessment, or under whose supervision a
condition assessment is performed, and who seals and signs the condition
assessment report. The use of the term "responsible professional engineer"
shall not be construed as limiting the professional responsibility
or liability of any professional engineer, or of any other licensed
professional, who participates in the preparation of a condition assessment
without being the responsible professional engineer for such condition
assessment.
(6)Â
UNSAFE CONDITION — The conditions identified as unsafe in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS.
(7)Â
UNSAFE STRUCTURE — A structure that is so damaged, decayed,
dilapidated, or structurally unsafe, or is of such faulty construction
or unstable foundation, that partial or complete collapse is possible.
B.Â
Condition assessments: general requirements. The owner/operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Village, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.Â
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)Â
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)Â
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)Â
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)Â
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)Â
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)Â
Any parking garage constructed prior to the effective date of the
chapter enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this chapter.
D.Â
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.Â
Additional condition assessments.
(1)Â
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)Â
If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village to be appropriate.
F.Â
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Village within 15 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer and shall include:
(1)Â
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)Â
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)Â
An evaluation and description of the unsafe conditions;
(4)Â
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)Â
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)Â
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)Â
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)Â
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or she
reviewed all previously prepared condition assessment reports available
for such parking garage, and considered the information in the previously
prepared reports while performing the current condition assessment
and while preparing the current report; and
(9)Â
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age, maintenance
history, structural condition, construction materials, frequency and
intensity of use, location, exposure to the elements, and any other
factors deemed relevant by the responsible professional engineer in
their professional judgment.
G.Â
Review condition assessment reports. The Village shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Village shall, by order to remedy or such other means of enforcement as the Village may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Village to take any other enforcement action, including, but not limited to, suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.Â
The Village shall retain all condition assessment reports for the
life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the Village with a written statement attesting
to the fact that he or she has been so engaged, the Village shall
make the previously prepared condition assessment reports for such
parking garage (or copies of such reports) available to such professional
engineer. The Village shall be permitted to require the owner or operator
of the subject parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports
(or copies thereof) available to the professional engineer.
I.Â
This section shall not limit or impair the right or the obligation
of the Village:
(1)Â
To perform such construction inspections as are required by § 96-5 (Construction inspections) of this chapter;
(2)Â
To perform such periodic fire safety and property maintenance inspections as are required by § 96-11 (Fire safety and property maintenance inspections) of this chapter; and/or
(3)Â
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Village by means of its own inspections or observations, by
means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
A.Â
The Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)Â
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)Â
Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3)Â
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
B.Â
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
A.Â
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)Â
All applications received, reviewed and approved or denied;
(2)Â
All plans, specifications and construction documents approved;
(3)Â
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop work orders, and operating
permits issued;
(4)Â
All inspections and tests performed;
(5)Â
All statements and reports issued;
(6)Â
All complaints received;
(7)Â
All investigations conducted;
(8)Â
All condition assessment reports received;
(9)Â
All fees charged and collected; and
B.Â
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.Â
The Code Enforcement Officer shall annually submit to Board of Trustees of the Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 96-15 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.Â
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the Village, on a form prescribed by the Secretary
of State, a report of the activities of the Village relative to administration
and enforcement of the Uniform Code.
C.Â
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, true and complete copies of the records and related materials
the Village is required to maintain; true and complete copies of such
portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.Â
Orders to remedy. The Code 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, or this chapter. An order to
remedy shall be in writing; shall be dated and signed by the Code
Enforcement Officer; shall specify the condition or activity that
violates the Uniform Code, the Energy Code, or this chapter; shall
specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter which is/are violated by the specified condition
or activity; and shall include a statement substantially similar to
the following:
"The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy
by [specify date], which is 30 days after the date of this Order to
Remedy."
B.Â
The order to remedy may include provisions ordering the person or
entity served with such order to remedy.
(1)Â
To begin to remedy the violations described in the order to remedy
immediately, or within some other specified period of time which may
be less than 30 days; to continue diligently to remedy such violations
until each such violation is fully remedied; and, in any event, to
complete the remedying of all such violations within 30 days of the
date of such order to remedy; and/or
(2)Â
To take such other protective actions (such as vacating the building
or barricading the area where the violations exist) which are authorized
by this chapter or by any other applicable statute, regulation, rule,
local law or ordinance, and which the Code Enforcement Officer may
deem appropriate, during the period while such violations are being
remedied. The Code Enforcement Officer shall cause the order to remedy,
or a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail within five days
after the date of the order to remedy. The Code Enforcement Officer
shall be permitted, but not required, to cause the order to remedy,
or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work being performed
at the affected property personally or by registered mail or certified
mail within five days after the date of the order to remedy; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
C.Â
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
D.Â
Penalties. In addition to such other penalties as may be prescribed
by state law:
(1)Â
Any person who violates any provision of this chapter or any term,
condition, or provision of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop work order,
operating permit or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this chapter shall be punishable
by a fine of not more than $1,000 per day of violation, or imprisonment
not exceeding five days, or both; and
(2)Â
Any person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any building permit,
certificate of occupancy, certificate of compliance, Temporary Certificate,
stop work order, operating permit or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter shall be liable to pay a civil penalty of not more than $250
for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of the Village.
E.Â
Injunctive relief. An action or proceeding may be instituted in the
name of the 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, this chapter,
or any term or condition of any building permit, certificate of occupancy,
certificate of compliance, Temporary Certificate, stop work order,
operating permit, order to remedy, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter, or any stop work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced
in the name of the 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 Board of Trustees of the Village.
F.Â
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 96-6 (Stop work orders) of this chapter, in any other section of this chapter, 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 § 96-6 (Stop work orders) of this chapter, in any other section of this chapter, 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 Subsection 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 Subsection 2 of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board
of Trustees of the Village. Such fee schedule may thereafter be 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,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer described in or
contemplated by this chapter.
The Board of Trustees of the Village may, by resolution, authorize
the Mayor of the Village to enter into an agreement, in the name of
the Village, with other governments to carry out the terms of this
chapter, 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.