[HISTORY: Adopted by the Board of Trustees of the Village
of Cornwall-on-Hudson 10-15-2007 by L.L. No. 5-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 61.
Multiple dwellings — See Ch. 104.
Subdivision of land — See Ch. 139.
Zoning — See Ch. 172.
[1]
Editor's Note: This local law also repealed former Ch.
58, Building Construction, adopted 7-30-1984 by L.L. No. 5-1984.
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 of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 58-4 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 § 58-7B of this chapter.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 58-16A 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 § 58-3D of this chapter.
A permit issued pursuant to § 58-10 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.
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 § 58-6 of this chapter.
A certificate issued pursuant to § 58-7D 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.
[1]
Editor's Note: Pursuant to a decision by the Village, the
term "Code Enforcement Officer" shall mean a Village of Cornwall-on-Hudson
employee holding the position of Building Inspector, Assistant Building
Inspector, Zoning Inspector, Assistant Zoning Inspector, Fire Inspector
or Assistant Fire Inspector (as such positions and appointments may
exist at the particular time).
A.
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:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of 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, certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of 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;
(7)
To maintain records;
(8)
To collect fees as set by the Village Board of Trustees of the Village
of Cornwall-on-Hudson;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
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)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Village 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
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Village
Board of Trustees 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.
D.
One or more inspectors may be appointed by the Village 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 State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Village Board of Trustees.
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, the Energy Code and this chapter, 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, or where a building permit is required, no site preparation work, excavation or filling shall commence prior to issuance of a building permit or other required approvals. 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.
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 retaining walls, unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(4)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(5)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(6)
Installation of partitions or movable cases less than five feet nine
inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(8)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(9)
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
(10)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component.
(b)
The removal or change of any required means of egress; or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code or this chapter.
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 Code Enforcement Officer. 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 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,
the Energy Code or this chapter. 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 three sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code, the Energy Code and this chapter; 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.
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 Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, one set shall be retained for the plan review, 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.
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, the Energy Code
and this chapter. The Code Enforcement Officer shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code, the Energy Code and this chapter.
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 Code Enforcement Officer[1] 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.
[1]
Editor's Note: Pursuant to a decision by the Village, the
title "Building Inspector" has been changed to "Code Enforcement Officer"
throughout the chapter.
I.
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.
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,
the Energy Code or this chapter, 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,
the Energy Code and this chapter 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.
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.
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)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
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 reasons the work
fails to comply with the Uniform Code, the Energy Code or this chapter.
The permit holder must contact the office of the Code Enforcement
Officer to receive the inspection results. Work not in compliance
with any applicable provision of the Uniform Code, the Energy Code
or this chapter shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code, the Energy Code or this chapter, reinspected, and found satisfactory
as completed.
A.
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)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code, the Energy
Code or this chapter, without regard to whether such work is or is
not work for which a building permit is required, and without regard
to whether a building permit has or has not been issued for such work;
or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the 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)
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 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.
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.
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 § 58-16, Enforcement; penalties for offenses, of this chapter or under any other applicable chapter 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.
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 Code Enforcement Officer 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, the Energy Code and chapters, if applicable, and/or
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, the Energy
Code and chapters. 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/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/certificate of compliance, shall be provided
to the Code Enforcement Officer prior to the issuance of the certificate
of occupancy/certificate of compliance:
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;
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy/certificate of compliance and the date of issuance; and
(11)
Any other information and certification required by the Code Enforcement
Officer.
D.
Temporary certificate. The Code Enforcement Officer may 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, that all required means of
egress from the building or structure have been provided, and that
all site plan work is completed to the Village's satisfaction
or, at the Village's sole discretion, a bond is posted to secure
completion of the work. 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, not to exceed six months, 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, the Energy Code and this chapter.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer 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 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, electrical fire or 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 set forth in Chapter 61 of the Village Code, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but not limited
to commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings and temporary structures, such as a tent, containing
one or more areas of public assembly with an occupant load of 100
persons or more;
(e)
Buildings containing devices that produce grease laden vapors
and require fire suppression systems; and
(f)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Village Board of Trustees.
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 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.
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.
(1)
The Code Enforcement Officer shall conduct periodic inspection for
compliance with the provisions of the Uniform Fire Prevention and
Building Code. Such inspections may be made at any reasonable time.
(2)
If entrance to make an inspection is refused or cannot be obtained,
the Code Enforcement Officer may apply for a warrant to make an inspection
to any court of competent jurisdiction.
(3)
In case of any emergency, property may be inspected at any time without
a warrant and without permission.
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 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.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year, as shall be determined
by the Code Enforcement Officer 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 Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
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 or this chapter, such operating permit shall be revoked
or suspended.
A.
Inspections required. Firesafety 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:
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety 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)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code,
the Energy Code or this chapter exist; or
(3)
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, the Energy Code or this chapter
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.
(4)
Application for a warrant by the Code Enforcement Officer to make
an inspection to any court of competent jurisdiction if entrance to
make an inspection is refused or cannot be obtained.
(5)
Determination of the Code Enforcement Officer that there exists and
emergency, property may be inspected at any time without a warrant
and without permission.
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.
Notwithstanding any other provision of this section to the contrary:
(1)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
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 chapter, ordinance 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.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 58-16, Enforcement; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Village
Board of Trustees. 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,
electrical inspections, and other actions of the Code Enforcement
Officer described in or contemplated by this chapter.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, certificates of
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 conducted;
(8)
All other features and activities specified in or contemplated by §§ 58-4 through 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 time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Village Board of Trustees 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 § 58-14, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
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.
C.
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.
Compliance orders. 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 be in writing;
be dated and signed by the Code Enforcement Officer; 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 Code Enforcement
Officer deems to be reasonably necessary for achieving compliance;
direct that compliance be achieved within the specified period of
time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time. The 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.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code, the Energy Code or this chapter.
C.
Criminal penalties. Unless otherwise specifically provided, the violation
of 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 provisions of this chapter shall
be deemed an offense against such law, punishable by a fine not to
exceed $250 for each day or part thereof during which such violation
continues or imprisonment of not more than 15 days, or both such fine
and imprisonment.
D.
Civil penalties. In addition to and not in lieu of those penalties
prescribed by state law, the violation of 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 a civil penalty
of not less than $50 nor 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.
E.
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,
certificate of compliance, 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.
F.
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 § 58-6, 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 § 58-6, 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 § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
The Village Board of Trustees may, by resolution, authorize
the Board of Trustees 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.
This chapter is intended to help protect the general welfare
of the Village of Cornwall-on-Hudson. Accordingly, this chapter, and
any act or omission pursuant thereto, does not create, and shall not
be construed to create, any special duty or obligation of the Village,
its officers, employees or agents to any person.
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.
If any word, phrase, part or provision of this chapter shall
be declared invalid by a court of competent jurisdiction, the same
shall be severed and separated from the remainder of this chapter,
and said remainder shall continue in full force and effect.
