[HISTORY: Adopted by the Board of Trustees of the Village
of Corinth at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
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 Corinth. 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 person appointed by the Mayor to act in the absence of
the Building Inspector and to exercise all powers conferred on him
or her by this chapter.
A person appointed by the Mayor to act in the absence of
the Code Enforcement Officer and to exercise all powers conferred
on him or her by this chapter.
A public official who shall be appointed by the Mayor with
the approval of the Board of Trustees at a compensation to be fixed
by the Board.
A permit issued pursuant to § 253-4 herein. 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 § 253-7B herein.
The Code Enforcement Officer appointed pursuant to § 253-3B herein.
The Code Enforcement Officer and all his Inspectors.
An order issued by the Code Enforcement Officer pursuant
to § 235-15A herein.
A permit issued pursuant to § 253-11 herein. The term "demolition permit" shall also include a demolition permit which is renewed, amended or extended pursuant to any provision 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 § 253-3D herein.
A permit issued pursuant to § 253-10 herein. 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, demolition or operating permit
has been issued.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, association, or any other legal
or commercial entity of any kind or description.
An order issued pursuant to § 253-6 herein.
A certificate issued pursuant to § 253-7D herein.
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 Corinth.
A.
The Code Enforcement Officer/Building Inspector shall administer
and enforce all the provisions of the Uniform Code, the Energy Code
and this chapter. The Code Enforcement Officer/Building Inspector
shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, demolition permits, 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, demolition permits, temporary certificates and operating
permits, and to include in building permits, certificates of occupancy,
demolition permits, temporary certificates and operating permits such
terms and conditions as the Code Enforcement Officer/Building Inspector
may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, temporary certificates,
and operating permits, fire safety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all
other inspections required or permitted under any provision of this
chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(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 Attorney for the Village, 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;
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer/Building Inspector by this chapter.
B.
The Code Enforcement Officer/Building Inspector shall be appointed
by the Mayor with the approval of the Board of Trustees at a compensation
to be fixed by the Board of Trustees. The Code Enforcement Officer/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 Code Enforcement Officer/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 Code Enforcement Officer/Building Inspector
is unable to serve for any reason, an individual shall by appointed
by the Mayor, upon consent of the Board of Trustees, to serve as Acting
Code Enforcement Officer/Building Inspector. The Acting Code Enforcement
Officer/Building Inspector shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer/Building Inspector by this chapter.
D.
One or more Inspectors may be appointed by the Mayor, with the consent
of the Board of Trustees, to act under the supervision and direction
of the Code Enforcement Officer/Building Inspector and to assist the
Code Enforcement Officer/Building Inspector in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer/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 Code Enforcement Officer/Building Inspector shall not engage
in any activity inconsistent with his duties or with the interests
of the Building Department or the Village; nor shall be, during the
term of his employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, materials, supplies or appliances
for or the supervision of the construction, alteration, demolition
or maintenance of a building or the preparation of plans or specifications
thereof within the Village of Corinth, excepting that this provision
shall not prohibit the Code Enforcement Officer/Building Inspector
from engaging in any activities in connection with the construction
of a building or structure owned by him for his own personal use and
occupancy or for the use and occupancy of members of his immediate
family and not constructed for sale.
F.
The compensation for the Code Enforcement Officer/Building Inspector
and Inspectors shall be fixed from time to time by the Board of Trustees
of the Village of Corinth.
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 Code Enforcement Officer/Building Inspector. Except for residential structures that have been damaged by fire or storm and pose an imminent threat to health and safety, no demolition permit shall be issued involving a residential structure unless the applicant for said permit has an approved site plan for the construction being proposed and he or she has obtained a building permit for the new construction pursuant to this chapter.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction of installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with one- or two-family
dwellings 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)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(11)
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)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a loadbearing wall, partition,
or portion thereof, or of any structural beam or load bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
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/Building Inspector. 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. Where such application
is made by a person other than the owner, it shall be accompanied
by an affidavit of the owner that the proposed work is authorized
by the owner and that the application is authorized to make such application.
The application shall include such information as the Code Enforcement
Officer/Building Inspector deems sufficient to permit a determination
by him or her 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;
(5)
A statement that the applicant consents to permit the Code Enforcement
Officer/Building Inspector and any officer or employee acting on his
or her behalf to enter upon the premises without a warrant upon the
showing of proper credentials and in the discharge of his or her duties
during reasonable working hours; and
(6)
At least two sets of construction documents (drawings and/or specifications)
which define the scope of the proposed work; are prepared by a New
York State registered architect or licensed professional engineer
where so required by the Education Law; indicate with sufficient clarity
and detail the nature and extent of the work proposed; substantiate
that the proposed work will comply with the Uniform Code and the Energy
Code; and 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 of 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/Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer/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 Code Enforcement Officer Personnel. However, the return of a set of accepted construction documents to the applicant shall not be constructed 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 and Energy Code.
The Code Enforcement Officer/Building Inspector shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible and readily seen
from adjacent thoroughfares 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/Building
Inspector of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Officer/Building Inspector 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.
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/Building Inspector.
J.
Revocation of suspension of building permits. If the Code Enforcement
Officer/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 Code Enforcement Officer/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 than 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/Building Inspector or by an Inspector authorized by the Code Enforcement Officer/Building Inspector. The permit holder shall notify the Code Enforcement Officer/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)
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 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.
Authority to issue. The Code Enforcement Officer/Building Inspector
is authorized to issue stop-work orders pursuant to this section.
The Code Enforcement Officer/Building Inspector shall issue a stop-work
order to halt:
(1)
Any work that is determined by the Code Enforcement Officer/Building
Inspector 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)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer/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 Code Enforcement Officer/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 Code Enforcement Officer/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. The Code Enforcement Officer/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 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 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 § 253-15, Penalties for offenses, of this chapter or under any other applicable local 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.
Certificate of occupancy required. A certificate of occupancy shall
be required for any work which is the subject of a building permit
and for all 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.
B.
Issuance of certificates of occupancy. The Code Enforcement Officer/Building
Inspector shall issue a certificate of occupancy 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/Building Inspector
or an Inspector authorized by the Code Enforcement Officer/Building
Inspector shall inspect the building, structure, or work prior to
the issuance of a certificate of occupancy. 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/Building
Inspector, at the expense of the applicant for the certificate of
occupancy, shall be provided to the Code Enforcement Officer/Building
Inspector prior to the issuance of the certificate of occupancy:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
An affidavit of the registered architect or licensed professional
engineer who filed the original plans or of the registered architect
or licensed professional engineer who supervised the construction
of the work or of the superintendent of construction who supervised
the work and who, by reason of his experience, is qualified to superintend
the work for which the certificate of occupancy is sought, which shall
state that the deponent has examined the approved plans of the structure
for which a certificate of occupancy is sought, that the structure
has been erected in accordance with approved plans and, as erected,
complies with the law governing building construction or as varied
by a variance which has been legally authorized, which variances and
qualifying conditions, if any, are specified in the affidavit; and
(3)
Flood hazard certification.
C.
Contents of certificates of occupancy. A certificate of occupancy
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 is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy 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 Code Enforcement Officer/Building Inspector
issuing the certificate of occupancy and the date of issuance.
D.
Time of issuance. A certificate of occupancy shall be issued, where
appropriate, within 30 days after written application therefor is
made.
E.
Temporary certificate. The Code Enforcement Officer/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 completion of the work which is the subject of a building permit.
However, in no event shall the Code Enforcement Officer/Building Inspector
issue a temporary certificate unless the Code Enforcement Officer/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 Code
Enforcement Officer/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 three months, which shall be determined
by the Code Enforcement Officer/Building Inspector and specified in
the temporary certificate. For good cause, the Code Enforcement Officer/Building
Inspector may allow a maximum of two extensions for periods not exceeding
three months each. 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.
F.
Revocation or suspension of certificates. If the Code Enforcement
Officer/Building Inspector determines that a certificate of occupancy
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/Building
Inspector within such period of times as shall be specified by the
Code Enforcement Officer/Building Inspector, the Code Enforcement
Officer/Building Inspector shall revoke or suspend such certificate.
The Village Fire Chief or the chief of any fire department providing
fire fighting service for a property within this Village shall promptly
notify the Code Enforcement Officer/Building Inspector of any fire
or explosion involving any structural damage, fuel burning appliance,
chimney or gas vent.
A.
Unsafe structures and equipment in this Village shall be identified
and addressed in accordance with this chapter.
B.
The Board of Trustees of the Village of Corinth, pursuant to the
powers vested in it by § 4-412 of the Village Law, does
provide for the removal or repair of buildings in business, industrial
and residential sections that, from any cause, may now be or shall
hereafter become dangerous or unsafe to the public. The following
provisions are hereby made.
(1)
For an inspection and report by the Code Enforcement Officer/Building
Inspector;
(2)
For a notice to be served on the owner or someone of the owner's
executors, legal representatives, agents, lessees or any other person
having a vested or contingent interest in the same, either personally
or by registered mail, addressed to the last known address, if any,
of the owner or someone of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in the same, as shown on the records of the Receiver of Taxes
and/or in the office of the County Clerk, containing a description
of the premises, a statement of the particulars in which the building
or structure is unsafe or dangerous and an order requiring the same
to be made safe and secure or removed, and if such service shall be
made by registered mail, for a copy of such notice to be posted on
the premises;
(3)
For the time within which the person served with such notice may
commence the securing or removal of buildings or structures;
(4)
For the filing of a copy of such notice in the office of the County
Clerk of the county within which such building or structure is located,
which notice shall be filed by such Clerk in the same manner as a
notice of pendency pursuant to Article 65 of the Civil Practice Law
and Rules and shall have the same effect as a notice of pendency as
therein provided, except as otherwise hereinafter provided in this
subsection. A notice so filed shall be effective for a period of one
year from the date of filing; provided, however, that it may be vacated
upon the order of a judge or justice of a court of record or upon
the consent of the Attorney for the Village. The Clerk of the county
where such notice is filed shall mark such notice and any record or
docket thereof as canceled of record upon the presentation and filing
of such consent or of a certified copy of such order;
(5)
For a hearing before the Board of Trustees, notice of which and the
time and place thereof to be specified in the notice to repair or
demolish served upon the owner and such persons having an interest
in the property or structure as is herein prescribed;
(6)
For the removal of such building or structure by the Village in the
event that such owner fails or refuses to repair or remove the same
within the time provided;
(7)
For the assessment of all costs and expenses incurred by the Village
in connection with the proceedings to remove or secure, including
the cost of actually removing said building or structures, against
the land on which said buildings or structures are located.
A.
Operating permits required. Operating permits shall be required for
conducting the activities or using the categories of buildings listed
below:
(1)
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;
(2)
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;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial
hazard to public safety, as determined by resolution adopted by the
Board of Trustees of the Village.
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/Building Inspector. Such application
shall include such information as the Code Enforcement Officer/Building
Inspector deems sufficient to permit a determination by the Code Enforcement
Officer/Building Inspector that the quantities, materials, and activities
conform to the requirements of the Uniform Code. If the Code Enforcement
Officer/Building Inspector 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/Building Inspector, at
the expense of the applicant.
C.
Inspections. The Code Enforcement Officer/Building Inspector or an
Inspector authorized by the Code Enforcement Officer/Building Inspector
shall inspect the subject 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 Code Enforcement Officer/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 remain in
effect until reissued, renewed, revoked or suspended.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer/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.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer/Building Inspector or an Inspector designated by the Code
Enforcement Officer/Building Inspector at the following intervals:
(1)
Fire safety 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)
Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least
once every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this subsection, shall be performed at least once every three years.
B.
Inspections permitted.
(1)
In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, uses, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer/Building Inspector or an Inspector designated by the Code Enforcement Officer/Building Inspector at any time upon:
(a)
The request of the owner of the property to be inspected or
an authorized agent of such owner;
(b)
Receipt by the Code Enforcement Officer/Building Inspector of
a written statement alleging that conditions or activities failing
to comply with the Uniform Code or Energy Code exist; or
(c)
Receipt by the Code Enforcement Officer/Building Inspector of
any other information, reasonably believed by the Code Enforcement
Officer/Building Inspector 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;
(2)
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.
The Code Enforcement Officer/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 chapter, 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, in addition to following any policy or procedure in
existence or which may be in existence in the future, such of the
following steps as the Code Enforcement Officer/Building Inspector
may deem to be appropriate.
A.
Upon receipt of a complaint, the individual taking the complaint
will fill out a form to be provided by the Village and provide it
to both the Mayor and the Code Enforcement Officer/Building Inspector;
B.
Upon receipt of the complaint form, the Code Enforcement Officer/Building
Inspector will immediately contact the owner of the property and go
to the site to review the situation within 24 hours of the complaint;
C.
After meeting with the property owner and viewing the property, if
there is a violation, the Code Enforcement Officer/Building Inspector
will send a letter to the property owner, copying the Mayor, advising
of the violation and providing the owner 10 days to rectify before
legal action is taken;
D.
On the date the violation is to be rectified per the notice letter,
or at any date prior when requested by the owner of the property,
the Code Enforcement Officer/Building Inspector will personally inspect
the property to ascertain whether the violation has been removed;
E.
If the violation has been removed to the satisfaction of the Code
Enforcement Officer/Building Inspector, he shall indicate so on the
complaint form and inform the Mayor that the complaint has been rectified.
F.
If the violation is not removed by the time period in the letter,
in addition to indicating so on the complaint form, the Code Enforcement
Officer/Building Inspector has the authority to issue a stop-work
order and a code violation ticket to the property owner, copying the
Mayor and the Attorney for the Village.
A.
The Code Enforcement Officer/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, temporary permits,
demolition permits, operating permits and stop-work orders;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaint received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer/Building Inspector shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in § 253-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer/Building Inspector 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/Building Inspector 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
the Village in connection with administration and enforcement of the
Uniform Code.
A.
Compliance orders. The Code Enforcement Officer/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 Code Enforcement Officer/Building Inspector shall issue a compliance
order.
(1)
The compliance order shall.
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer/Building
Inspector;
(c)
Specify the condition or activity that violations the Uniform
Code, the Energy Code, or this chapter;
(d)
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)
Specify the period of time which the Code Enforcement Officer/Building
Inspector deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State than an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The Code Enforcement Officer/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. Code Enforcement Officer/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; 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/Building Inspector
and each Inspector are authorized to issue appearance tickets for
any violation of the Uniform Code or this chapter.
C.
Civil penalties. In addition to the 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, demolition
permit, stop-work order, operating permit or other notice or order
issued by the Code Enforcement Officer/Building Inspector pursuant
to any provision of this chapter, shall be liable to a civil penalty
of not more than $200 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.
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, demolition permit, stop-work order, operating
permit or other notice or order issued by the Code Enforcement Officer/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 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.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive 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 § 253-6, 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 § 253-6, 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 if any penalty specified in Subdivision (2) of § 382 of the Executive Law.
A fee schedule 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 shall
be charged and collected for submissions of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, temporary certificates, demolition permits,
operating permits, fire safety and property maintenance inspections,
and other actions of the Code Enforcement Officer/Building Inspector
described in or contemplated by this chapter.
The Board of Trustees of this Village may, by resolution, authorize
the Mayor to enter into an agreement, in the name of the Village,
with other governments to carry out the terms of this chapter, provided
that such agreement does not violate any provision of the Uniform
Code, the Energy Code, Part 1203 of the NYCRR, or any other applicable
law.
