Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Walden 1-23-2007 by L.L. No. 1-2007[1] (Ch. 61 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 9.
Unsafe buildings — See Ch. 109.
Fire prevention — See Ch. 144.
[1]
Editor's Note: This local law also superseded former Ch. 61, Building Construction, adopted 3-13-1973 as Art. VII of Ch. VII of the Walden Village Code, as amended.

§ 121-1 Purpose.

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 Walden. 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 of this chapter.

§ 121-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
The officer appointed pursuant to § 121-3B of this chapter to administer and enforce this Code in the Village of Walden.
BUILDING PERMIT
A permit issued pursuant to § 121-4 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.
CERTIFICATE OF OCCUPANCY or CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 121-7B of this chapter.
CODE ENFORCEMENT PERSONNEL
The Building Inspector and all other code enforcement officers.
COMPLIANCE ORDER
An order issued by the Building Inspector pursuant to § 121-15A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 121-3D of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 121-10 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.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
STOP-WORK ORDER
An order issued pursuant to § 121-6 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 121-7D of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Walden, Orange County, New York.

§ 121-3 Building Inspector; code enforcement officers.

A. 
The Office of Code Enforcement is hereby created. The Building Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Building Inspector shall have the following powers and duties:
(1) 
To receive, review and approve or disapprove applications for building permits, certificates of occupancy/compliance, temporary certificates and operating permits and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy/compliance, temporary certificates and operating permits and to include in building permits, certificates of occupancy/compliance, temporary certificates and operating permits such terms and conditions as the Building Inspector may determine to be appropriate;
(3) 
To conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy/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) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 121-15A of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Board of Trustees of this Village;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with the Village's Attorney, to pursue 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) 
To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by the chapter.
B. 
The Building Inspector shall be appointed by the Village Manager in consultation with the Board of Trustees. The Building Inspector 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 Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Building Inspector is unable to serve as such for any reason, an individual shall be appointed by the Village Manager to serve as Acting Building Inspector. The Acting Building Inspector shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Building Inspector by this chapter.
D. 
One or more inspectors may be appointed by the Village Manager in consultation with the Board of Trustees to act under the supervision and direction of the Building Inspector and to assist the Building Inspector in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspector 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.
E. 
The compensation of the Building Inspector and inspectors shall be fixed from time to time by the Board of Trustees of the Village.

§ 121-4 Building permits.

A. 
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 Building Inspector.
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(2) 
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;
(3) 
Construction of temporary motion-picture, television and theater stage sets and scenery;
(4) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(5) 
Painting, wallpapering, tiling, carpeting or other similar finish work; and
(6) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner of the property where the work is to be performed or by an authorized agent of the owner. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector 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) 
A description of the proposed work;
(2) 
The tax map number and the street address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines. Notwithstanding the foregoing, the Building Inspector shall have the discretion to waive the requirement for stamped plans prepared by a licensed architect or engineer where the construction contemplated is of a type that is minor in nature.
E. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, 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 Building Inspector. 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 commence unless and until a building permit is issued.
F. 
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 Building Inspector shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and the Energy Code.
G. 
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. 
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 Building Inspector of any change occurring during the course of the work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made unless and until a new or amended building permit reflecting such change is issued.
I. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within three 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 subdivision may be renewed upon application by the permit holder, payment of the applicable fee and approval of the application by the Building Inspector.
J. 
Revocation or suspension of building permits. If the Building Inspector 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 Building Inspector 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.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-16 of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 121-5 Construction inspections.

A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Foundation drains and foundation coating;
(5) 
Framing;
(6) 
Building systems, including underground and rough-in;
(7) 
Fire-resistant construction;
(8) 
Fire-resistant penetrations;
(9) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(10) 
Energy Code compliance, including insulation; and
(11) 
A final inspection after all work authorized by the building permit has been completed.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed or the permit holder shall be notified as to where the work fails to comply with the Uniform Code 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.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-16 of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 121-6 Stop-work orders.

A. 
Authority to issue. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a building permit is required and without regard to whether a building permit has or has not been issued for such work;
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a building permit is required and without regard to whether a building permit has or has not been issued for such work; or
(3) 
Any work for which a building permit is required which is being performed without the required building permit or under a building permit that has become invalid, has expired or has been suspended or revoked.
B. 
Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Building Inspector, state the reason or reasons for issuance and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property and, if the owner is not the permit holder, on the permit holder, personally or by certified mail, return receipt requested. The Building Inspector shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any person taking part or assisting in work affected by the stop-work order, personally or by certified mail, return receipt requested; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 121-15 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.

§ 121-7 Certificates of occupancy; certificates of compliance.

A. 
Certificates of occupancy/certificates of compliance required. A certificate of occupancy/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/certificate of compliance.
B. 
Issuance of certificates of occupancy/certificates of compliance. The Building Inspector shall issue a certificate of occupancy/certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, 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 the Energy Code. The Building Inspector or an inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/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 Building Inspector, at the expense of the applicant, for the certificate of occupancy/certificate of compliance, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy/certificate of compliance:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy/certificates of compliance. A certificate of occupancy/certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Building Inspector issuing the certificate of occupancy/certificate of compliance and the date of issuance.
D. 
Temporary certificate. The Building Inspector shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to the completion of the work which is the subject of a building permit. However, in no event shall the Building Inspector issue a temporary certificate unless the Building Inspector 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 Building Inspector 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 not to exceed one three-month period, which shall be determined by the Building Inspector 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. 
Revocation or suspension of certificates. If the Building Inspector determines that a certificate of occupancy/certificate of 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 Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate.
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-16 of this chapter must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.

§ 121-8 Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within the Village of Walden shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 121-9 Unsafe buildings and structures.

Unsafe buildings, structures and equipment in the Village of Walden shall be identified and addressed in accordance with the procedures established by Chapter 109 of the Village Code, as now in effect or as hereafter amended from time to time.

§ 121-10 Operating permits.

A. 
Operating permits required.
(1) 
Operating permits shall be required for conducting activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR § 1225.1;
(b) 
Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
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.
(2) 
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.
B. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials and activities conform to the requirements of the Uniform Code. If the Building Inspector determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed by such person or persons as may be designated by or otherwise acceptable to the Building Inspector at the expense of the applicant.
C. 
Inspections. The Building Inspector or an inspector authorized by the Building Inspector shall inspect the premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Building Inspector to be consistent with local conditions. 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 Building Inspector, payment of the applicable fee and approval of such application by the Building Inspector.
F. 
Revocation or suspension of operating permits. If the Building Inspector 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.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-16 of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissuance or renewal of an operating permit.

§ 121-11 Firesafety and property maintenance inspections.

A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or an inspector designated by the Building Inspector at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months;
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months; and
(3) 
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) and (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) and (2), shall be performed at least once every 24 months. In order to properly inspect said premises so as to ensure to the maximum extent possible adequate firesafety, and subject to the provisions of New York State Executive Law § 381(1), as may be from time to time amended, all living space, attics and basements, as well as all other areas as deemed appropriate by the Building Inspector and/or his designated agent, shall be accessible for inspection. Fees for said inspections shall be in accordance with the Village of Walden fee schedule,[1] as adopted and as may be modified from time to time.
[Amended 3-28-2017 by L.L. No. 5-2017]
[1]
Editor's Note: The fee schedule is on file in the office of the Village Clerk.
B. 
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, occupancy or any dwelling unit may also be performed by the Building Inspector or an inspector at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Building Inspector of any information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or the 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. 
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.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 121-16 of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC.

§ 121-12 Complaints.

The Building Inspector 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/code or regulation adopted for the 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 Building Inspector may deem appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and the opportunity to abate, correct or cure the violation or otherwise proceeding in the manner described in § 121-15 of this chapter;
C. 
If appropriate, issuing a stop-work order; and
D. 
If a violation which was found to exist is abated, corrected or cured, preparing a final written report reflecting such abatement, correction or cure and filing such report with the complaint.

§ 121-13 Recordkeeping.

A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy/compliance, temporary certificates, stop-work orders and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations concluded;
(8) 
All other features and activities specified in or contemplated by §§ 121-4 through 121-12, inclusive, of this chapter; and
(9) 
All fees charged and collected.
B. 
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum period so required by state law and regulation.

§ 121-14 Program review and reporting.

A. 
The Building Inspector shall annually submit to the Board of Trustees of the Village a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 121-13 of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Building Inspector 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. 
The Building Inspector shall, upon request of the New York State Department of State, provide to the said Department of State, from the records and related materials the Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village in connection with administration and enforcement of the Uniform Code.

§ 121-15 Enforcement; penalties for offenses.

A. 
Compliance orders. The Building Inspector 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 Building Inspector shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Building Inspector; specify the condition or activity that violates the Uniform Code, the Energy Code or this chapter; 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; specify the period of time which the Building Inspector deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Building Inspector shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail, return receipt requested. The Building Inspector 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, return receipt requested; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B. 
Appearance tickets. The Building Inspector and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code or Energy Code.
C. 
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/certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Building Inspector 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 the Village.
D. 
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, compliance order or other notice or order issued by the Building Inspector 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 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 Village Manager or the Board of Trustees of the Village.
E. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 121-6 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 § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

§ 121-16 Fees.

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, firesafety and property maintenance inspections and other actions of the Building Inspector described in or contemplated by this chapter.

§ 121-17 Intermunicipal agreements.

The Board of Trustees of the Village may, by resolution, authorize the Village Manager to enter into an agreement in the name of the Village with other municipalities 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 NYCRR, or any other applicable law.