[HISTORY: Adopted by the Board of Trustees
of the Village of Scotia 11-18-2009 by L.L. No. 11-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 90.
Unsafe buildings — See Ch. 119.
Electrical standards — See. Ch. 125.
Fire hydrants — See Ch. 143.
Flood damage prevention — See Ch. 155.
Plumbing — See Ch. 188.
Sewers — See Ch. 200.
Signs — See Ch. 205.
Stormwater management and erosion and sediment control — See Ch. 208.
Water — See Ch. 245.
Zoning — See Ch. 250.
[1]
Editor's Note: This local law also repealed former Ch. 150,
Fire Prevention and Building Construction, which was comprised of
Art. I, Administration and Enforcement, adopted 8-13-1969 as Ch. 9,
Art. I, of the 1969 Code of Ordinances, as amended.
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 this Village. This chapter is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform 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 this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 150-4 of this chapter. The term building permit shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 150-7B of this chapter.
The Code Enforcement Officers appointed pursuant to § 150-3B of this chapter.
Shall include the Code Enforcement Officers and all inspectors.
An order issued by a Code Enforcement Officer pursuant to § 150-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 150-3D of this chapter.
A permit issued pursuant to § 150-10 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.
The person to whom a building permit has been issued.
Shall include 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 § 150-6 of this chapter.
A certificate issued pursuant to § 150-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Scotia.
A.Â
The Office of Code Enforcement Officers shall be the Building Inspector
and the Fire Chief or his designee. The Code Enforcement Officers
shall administer and enforce all the provisions of the Uniform Code,
the Energy Code and this chapter. The Code Enforcement Officers shall
have the following powers and duties:
(1)Â
To receive, review and approve or disapprove applications for building
permits, certificates of occupancy, temporary certificates 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 or compliance, temporary certificates and operating permits
and to include in building permits, certificates of occupancy or compliance,
temporary certificates and operating permits such terms and conditions
as the Code Enforcement Officer may determine to be appropriate;
(3)Â
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy or compliance, temporary
certificates and operating permits, firesafety and property maintenance
inspections, inspections incidental to the investigation of complaints
and all other inspections required or permitted under any provision
of this 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 this Village;
(9)Â
To pursue administrative enforcement actions and proceedings;
(10)Â
In consultation with this Village's 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
In the event that a Code Enforcement Officer is unable to serve as
such for any reason, an individual shall be appointed by the Mayor
to serve as Acting Code Enforcement Officer. The Acting Code Enforcement
Officer shall, during the term of his or her appointment, exercise
all powers and fulfill all duties conferred upon the Code Enforcement
Officer by this chapter.
C.Â
One or more inspectors may be appointed 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 State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
D.Â
The Building
Inspector need not be a resident of the Village of Scotia but must
be a resident of Schenectady County or an adjoining county.
[Added 9-14-2010 by L.L. No. 5-2010]
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 Code Enforcement Officer.
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 that the gross floor area does not exceed
96 square feet (8.92 square meters);
[Amended 9-14-2011 by L.L. No. 8-2011]
(2)Â
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)Â
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(4)Â
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)Â
Construction of retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)Â
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(7)Â
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)Â
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)Â
Painting, wallpapering, tiling, carpeting or other similar finish
work;
(10)Â
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(11)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
(12)Â
Repairs, provided that such repairs do not involve:
(a)Â
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load bearing component;
(b)Â
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)Â
The enlargement, alteration, replacement or relocation of any
building system; or
(d)Â
The removal from service of all or part of a fire protection
system for any period of time.
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 proposed work;
(2)Â
The Tax Map number and the street address of the premises where the
work is to be performed;
(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
Define the scope of the proposed work;
(b)Â
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)Â
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)Â
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)Â
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.
E.Â
Construction documents. Construction documents submitted as part of an application for a building permit must satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are approved for a building permit shall be marked as approved by the Code Enforcement Officer in writing or by stamp. One set of the approved construction documents shall be retained by the Code Enforcement Officer, and one set of the approved 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.
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. The issuance of a temporary certificate
of occupancy shall not extend the building permit expiration date.
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 all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
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 made, 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
Building systems, including underground and rough-in;
(6)Â
Fire-resistant construction;
(7)Â
Fire-resistant penetrations;
(8)Â
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)Â
Energy Code compliance; and
(10)Â
A final inspection after all work authorized by the building
permit has been completed.
C.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 where the work fails to comply with the Uniform
Code or Energy Code. 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 be in writing,
be dated and signed by the Code 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.Â
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be posted on the affected
property. 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 owner, 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.
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 § 150-15 (Violations; penalties for offenses) 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 or compliance required. A certificate of
occupancy or 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 compliance.
B.Â
Issuance of certificates of occupancy or compliance. The Code Enforcement
Officer shall issue a certificate of occupancy or 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 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 compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or compliance:
C.Â
Contents of certificates of occupancy or compliance. A certificate
of occupancy or 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, address and Tax Map number of the property;
(4)Â
If the certificate of occupancy or compliance is not applicable to
an entire structure, a description of that portion of the structure
for which the certificate of occupancy or 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 assembly occupant load of the structure, if any;
(8)Â
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)Â
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)Â
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or compliance and the date of issuance.
D.Â
Temporary certificate of occupancy. The Code Enforcement Officer
shall be permitted to issue a temporary certificate 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 unless the Code Enforcement Officer determines that the
building or structure, or the portion thereof covered by the temporary
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 Code Enforcement Officer may include in a
temporary certificate 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. A temporary certificate shall be effective
for a period of time which shall be determined by the Code Enforcement
Officer and specified in the temporary certificate. During the specified
period of effectiveness of the temporary certificate, 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 or compliance or
a temporary certificate was issued in error because of incorrect,
inaccurate or incomplete 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 any fire department providing fire-fighting services
for a property within this Village shall promptly notify the Code
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 procedures established by Local
Law Number 11 of 2004,[1] as now in effect or as hereafter amended from time to
time.
A.Â
Operating permits required.
(1)Â
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)Â
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 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)Â
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)Â
Use of pyrotechnic devices in assembly occupancies;
(d)Â
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)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 this Village.
(2)Â
Any person who proposes to undertake any activity or to operate any
type of building listed in this subsection shall be required to obtain
an operating permit prior to commencing such activity or operation.
B.Â
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code 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.
C.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.
D.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 his or her discretion, issue a single operating permit to apply to all such activities.
E.Â
Duration of operating permits. Operating permits shall remain in
effect until reissued, renewed, revoked or suspended.
F.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. Firesafety 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
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)Â
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
B.Â
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer 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.
C.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 under
Executive Law § 156-e and Education Law § 807-b.
The Code Enforcement Officer shall review and investigate bona
fide 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 with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 150-15 (Violations; penalties for offenses) 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
The Code
Enforcement Officer shall keep permanent official records of all transactions
and activities conducted by all code enforcement personnel, as required
by the Secretary of State.
B.Â
All inspections
and maintenance reports required to be furnished to the Village of
Scotia by the laws and regulations of New York State or the Code of
the Village of Scotia which are related to the inspection of commercial
buildings shall be electronically forwarded to the Village of Scotia
in a manner specified by the Code Compliance Officer or his designee.
[Added 5-18-2016 by L.L.
No. 5-2016[1]]
[1]
Editor's Note: This ordinance provided for an effective date
of 6-1-2016.
A.Â
The Code 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.
B.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, 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.
A.Â
Compliance orders.
(1)Â
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. Upon finding that any such
condition or activity exists, the Code Enforcement Officer shall issue
a compliance order. The compliance order shall
(a)Â
Be in writing;
(b)Â
Be dated and signed by the Code Enforcement Officer;
(c)Â
Specify the condition or activity that violates the Uniform
Code, the Energy Code or this chapter;
(d)Â
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;
(e)Â
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(f)Â
Direct that compliance be achieved within the specified period
of time; and
(g)Â
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)Â
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property
personally or by certified mail. The Code 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 certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
B.Â
Criminal penalties. Violation of this chapter shall be punishable
as provided in the New York State Executive Law.
C.Â
Civil penalties. In addition to those penalties prescribed by state
law, 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, 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 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.
D.Â
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, this chapter or
any term or condition of any building permit, certificate of occupancy,
temporary certificate, stop-work order, operating permit, compliance
order 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, compliance order
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 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
Board of Trustees of this Village.
E.Â
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 150-6 (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 § 150-6 (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 Subdivision 2 of § 381 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 § 381 of the Executive Law.
F.Â
Appearance
tickets. The Code Enforcement Officers and each inspector are authorized
to issue appearance tickets for any violation of the Uniform Code.
[Added 4-13-2016 by L.L.
No. 3-2016]
A fee schedule[1] shall be established by resolution of the Board of Trustees
of this 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 may
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, temporary certificates, operating permits,
firesafety and property maintenance inspections and other actions
of the Code Enforcement Officer described in or contemplated by this
chapter.
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 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.
If any section of this chapter 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
chapter.