This article provides for the administration and enforcement
of this Zoning Law and the New York State Uniform Fire Prevention
and Building Code (the Uniform Code) and the New York State Energy
Conservation Construction Code (the Energy Code). This article 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 Zoning Law, all buildings, structures, and
premises, regardless of use or occupancy, are subject to the provisions
this article.
A.
Creation and duties. The Office of Code Enforcement Officer is hereby
created. The Code Enforcement Officer shall administer and enforce
all the provisions of the Uniform Code and the Energy Code. 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 use, 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, temporary certificates and operating permits, and to
include in building permits, certificates of occupancy, 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; 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
Zoning Law;
(4)
To issue stop-work orders and/or compliance orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board;
(9)
To pursue administrative enforcement actions and proceedings and/or
criminal proceedings to enforce provisions of the Uniform Code and/or
Energy Code;
(10)
In consultation with the Town Attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code or the Energy Code, or to abate or correct conditions not in
compliance with the Uniform Code or the Energy Code; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this Zoning Law.
B.
Appointment and qualifications. The Code Enforcement Officer shall
be appointed by the Town Board. 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. The Code Enforcement Officer shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
C.
Acting Code Enforcement Officer. In the event that the Code Enforcement
Officer is unable to serve as such for any reason, an individual shall
be appointed by the Town Board 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 Zoning Law.
D.
Inspectors. One or more inspectors may be appointed by the Town Board
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 Zoning Law. 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.
Compensation. The compensation for the Code Enforcement Officer and
inspectors shall be fixed from time to time by the Town Board.
A.
Creation and duties. The Office of Zoning Enforcement Officer is
hereby created. The Zoning Enforcement Officer (ZEO) shall administer
and enforce all provisions of this Zoning Law. The Zoning Enforcement
Officer shall have the following powers and duties:
(1)
To receive and review all applications for a special use permit,
site plan review and subdivision review pursuant to the provisions
of this Zoning Law. In the event that the Zoning Enforcement Officer
determines that the application meets all of the requirements of the
Zoning Law, the application shall be forwarded by the ZEO to the Planning
Board for further review in accordance with the provisions of the
Zoning Law and/or Subdivision Regulations.[1] In the event the ZEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article XV of this Zoning Law.
(2)
Upon approval of any application for a special use permit, site plan
approval or for any other change in use requiring the issuance of
a building permit, the ZEO shall issue a certificate of use verifying
that the use complies with the provisions of the Zoning Law and the
requirements and conditions imposed by the Planning Board.
(3)
To conduct inspections prior to the issuance of a certificate of
use and inspections incidental to the investigation of complaints
and all other inspections required or permitted under any provision
of this Zoning Law.
(4)
To issue stop-work orders, notices of violations and/or compliance
orders.
(5)
To review and investigate complaints.
(7)
To maintain records.
(8)
To collect fees set by the Town Board.
(9)
To pursue administrative and criminal enforcement actions and proceedings
and/or criminal proceedings to enforce the provisions of this Zoning
Law.
(10)
In consultation with the Town Attorney, to pursue such legal
actions and proceedings as may be necessary to enforce the provisions
of the Zoning Law.
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Zoning Enforcement Officer by this Zoning Law.
B.
Appointment and qualifications. The Zoning Enforcement Officer shall
be appointed by the Town Board. The Zoning Enforcement Officer shall
possess background and experience relating to the enforcement, interpretation,
application and enforcement of the Zoning Law and shall, within the
time period prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York and/or the Town shall require for zoning enforcement personnel.
C.
Acting Zoning Enforcement Officer. In the event the ZEO is unable
to serve as such for any reason, an individual shall be appointed
by the Town Board to serve as Acting Zoning Enforcement Officer. The
Acting Zoning Enforcement Officer shall, during the term of his or
her appointment, exercise all powers and fulfill all duties conferred
upon the ZEO by this Zoning Law.
D.
Compensation. Compensation of the Zoning Enforcement Officer shall
be fixed from time to time by the Town Board.
A.
Building permit required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof; and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. A building permit shall not be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with a single- or two-family dwellings or single-family attached dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet;
(2)
Installation of swings and other playground equipment associated
with a single- or two-family dwelling or single-family attached dwellings
(townhouses);
(3)
Installation of swimming pools associated with a single- or two-family
dwelling or single-family attached 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 and which are less than six feet in height;
(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
single- or two-family dwelling or single-family attached 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 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 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. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
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.
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 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, 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 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 and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
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 of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.
Time limits. A building permit shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
A building permit shall expire 18 months after the date of issuance.
No less than 15 days prior to expiration, a permit holder may apply
for an extension(s), and no extension shall exceed six months' duration
at any one time. The Building Inspector may extend the time limit
where the applicant demonstrates good cause as to why construction
could not be completed within the applicable time frame. A building
permit which has become invalid or which has expired pursuant to this
article 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 or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
K.
Fee. The fee specified in or determined in accordance with the provisions
set forth in the fee schedule adopted by the Town Board 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.
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 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 the Town fee schedule must be paid prior to or at the
time of each inspection performed pursuant to this article.
A.
Authority to issue. The Code Enforcement Officer and Zoning Enforcement
Officer are authorized to issue stop-work orders pursuant to this
section for:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer or Zoning 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;
or
(4)
Any work that is determined by the Zoning Enforcement Officer to
be conducted in violation of the Zoning Law, including, but not limited
to, work conducted on land, a building or structure for which a special
use permit and/or site plan approval is required but has not been
obtained.
C.
Service of stop-work order. The Code Enforcement Officer or ZEO 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 registered or certified
mail. The Code Enforcement Officer or ZEO 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 registered or 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 § 275-96, Enforcement; penalties for offenses, 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 § 275-96 of this Zoning Law or under any other applicable zoning law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
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 certificate of occupancy. The Code Enforcement Officer
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,
the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy. 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,
shall be provided to the Code Enforcement Officer prior to the issuance
of the certificate of occupancy:
C.
Contents of certificate 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 permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion
of the work which is the subject of a building permit.
(1)
However,
in no event shall the Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines:
(a)
That the building or structure, or the portion thereof covered
by the temporary certificate, may be occupied safely;
(b)
That any fire- and smoke-detecting or fire protection equipment
which has been installed is operational;
(c)
That all required means of egress from the building or structure
have been provided.
(2)
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 and the Energy
Code.
E.
Revocation or suspension of certificate. If the Code Enforcement
Officer 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 within such period
of time as shall be specified by the Code Enforcement Officer, the
Code Enforcement Officer shall revoke or suspend such certificate.
F.
Fee. The fee specified in or determined in accordance with the provisions
set forth in the Town fee schedule must be paid at the time of submission
of an application for a certificate of occupancy or for a temporary
certificate.
A.
Certificate of use required. A certificate of use shall be required
for any change of use or institution of a new use for which a building
permit is required, and for any use, building or structure for which
a special use permit and/or site plan approval has been issued by
the Planning Board. A certificate of use shall also be required for
any structure or building, or portion thereof, for which a certificate
of occupancy is required under this chapter.
B.
Issuance of certificate of use.
(1)
The Zoning Enforcement Officer shall issue a certificate of use if
he or she has determined:
(a)
All work has been completed in accordance with the building
permit and the Code Enforcement Officer has issued a certificate of
occupancy;
(b)
The use of the land, building and structure and/or the building
or structure complies with the provisions of the Zoning Law;
(c)
The applicant has complied with all conditions imposed by the
Planning Board;
(d)
The applicant has completed all of the infrastructure and site
improvements required by the Planning Board approval; and
(e)
The applicant has posted the requisite security for the completion
of those improvements, as required by the Planning Board and the Town
Board.
(2)
The Zoning Enforcement Officer shall inspect the land, building or
structure prior to the issuance of the certificate of use. Prior to
the issuance of the certificate of use, the applicant shall provide
a written statement to the Zoning Enforcement Officer of the applicant's
intended use of the land, building and/or structure.
C.
Content of certificate of use. A certificate of use shall contain
the following information:
(1)
The building permit number, if any.
(2)
The date of the issuance of the building permit and/or certificate
of occupancy.
(3)
The name, address and Tax Map number of the property.
(4)
If the certificate of use is not applicable to an entire building,
structure or land, a description of that portion of the building,
structure or land for which the certificate of use is issued.
(5)
Approved use and occupancy classification of the land, building and/or
structure.
(6)
Any special conditions imposed by the ZEO with the issuance of the
certificate, which may include those set forth in a Planning Board
or Zoning Board of Appeals decision.
(7)
The signature of the ZEO issuing the certificate of use and the date
of issuance.
D.
Temporary certificate of use. The Zoning Enforcement Officer is authorized
to issue a temporary certificate of use allowing the temporary use
of the land, building or structure, or portion thereof, prior to completion
of all work and satisfaction of conditions imposed by the Planning
Board. However, in no event shall the ZEO issue a temporary certificate
of use unless the ZEO determines the land, building or structure,
or portion thereof, covered by the temporary certificate may be used
or occupied safely and shall not cause harm to neighboring property
owners.
E.
Revocation or suspension of certificate of use. If the ZEO determines
that a certificate of use or 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 ZEO within such period of time as shall be specified by the ZEO,
the ZEO shall revoke or suspend such certificate.
F.
Fee. The fee specified or determined in accordance with the Town
fee schedule must be paid at the time of the submission of an application
for a certificate of use or temporary certificate.
A.
Each building permit, certificate of occupancy, notice of violation,
compliance order, operating permit, stop-work order, temporary certificate,
order, requirement, decision, interpretation or determination of the
Code Enforcement Officer or ZEO (hereinafter referred to collectively
as "order") shall be filed in the office of such official within five
business days from the date it is rendered and shall be a public record.
B.
An appeal to the Zoning Board of Appeals shall be taken within 60
days after the filing of any such order by filing with the official
a notice of appeal specifying the grounds thereof and the relief sought.
The official from whom the appeal is taken shall, forthwith, transmit
to the Zoning Board of Appeals all of the papers constituting the
record upon which the action appealed from was taken.
C.
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the official from whom the appeal is taken certifies
to the ZBA, after the notice of appeal shall have been filed with
the official, that by reason of facts stated in the certificate, a
stay would in his or her opinion cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the ZBA or by a court of
record on the application, on notice to the official from whom the
appeal is taken, and on due cause shown.
The chief of any fire department providing fire-fighting services
within the Town of Pine Plains shall promptly notify the Code Enforcement
Officer and ZEO of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment shall be identified and addressed
in accordance with the following procedures:
A.
Investigation and report. When the ZEO, in his/her own opinion, or
upon receipt of information, finds that a building is subject to the
following, he or she shall cause or make an inspection thereof and
report in writing to the Town Board his/her findings and recommendations
in regard to its repair or demolition and removal:
(1)
Is
or may become dangerous or unsafe to the general public;
(2)
Is
open at the doorways and windows, making it accessible to and an object
of attraction to minors under 18 years of age, as well as to vagrants
and other trespassers;
(3)
Is
or may become a place of rodent infestation;
(4)
Presents
any other danger to the health, safety, morals and general welfare
of the public; or
(5)
Is
unfit for the purposes for which it may lawfully be used.
B.
Town Board. The Town Board shall thereafter consider such report
and by resolution determine if in its opinion the report so warrants
that such building is unsafe and/or dangerous and order its repair
if the same can be safely repaired or its demolition and removal,
and further order that a notice be served upon the persons and in
the manner provided herein.
C.
Contents of notice. The notice shall contain the following:
(1)
A description of the premises;
(2)
A statement of the particulars in which the building is unsafe or
dangerous;
(3)
An order outlining the manner in which the building is to be made
safe and secure, or demolished and removed;
(4)
A statement that the securing or removal of such building shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless, for good cause shown, such time
shall be extended;
(5)
A date, time and place for a hearing before the Town Board in relation
to such dangerous or unsafe building, which hearing shall be scheduled
not less than five business days from the date of service of the notice;
and
(6)
A statement that in the event of neglect or refusal to comply with
the order to secure or demolish and remove the building, the Town
Board is authorized to provide for its demolition and removal, to
assess all expenses thereof against the land on which it is located,
and to institute a special proceeding to collect the costs of demolition,
including legal expenses.
D.
Service of notice.
(1)
The
notice shall be served:
(a)
By personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee, or any person having a vested or contingent interest
in such unsafe building as shown by the records of the Town Receiver
of Taxes or Tax Collector or of the County Clerk; or if no such person
can reasonably be found, by mailing such owner by registered mail
a copy of such notice directed to his/her last known address as shown
by the above records; and
(b)
By personal service of a copy of such notice upon any adult person
residing or occupying said premises if such person can be reasonably
found; and
(c)
By securely affixing a copy of such notice upon the unsafe building.
(2)
A
copy of the notice served as provided herein shall be filed in the
Office of the County Clerk of the County of Dutchess.
E.
Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with the order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in emergency as provided in Subsection G of this section, any contract for demolition and removal of a building in excess of $10,000 shall be awarded through competitive bidding.
F.
Assessment of expenses. All expenses incurred by the Town in connection
with the proceedings to repair and secure, or demolish and remove
the unsafe building, including the cost of actually removing such
building, and all reasonable and necessary legal expenses incidental
thereto, shall, at the option of the Town Board either:
(1)
Be
assessed against the land on which such building is located and shall
be levied and collected in the same manner as provided in the Town
Law for the levy and collection of a special ad valorem levy; or
(2)
Be
collected by commencement of a special proceeding against the owner
of said unsafe or dangerous building or structure pursuant to General
Municipal Law § 78-b.
G.
Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in Subsection F of this section.
A.
Operating permit required. An operating permit shall be required for conducting the activities or using the categories of buildings listed below. 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.
(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 by-product, fruit and crop ripening, and waste handling. However,
this subsection is not intended to apply to "sound agricultural practices"
as regulated by the New York State Department of Agriculture and Markets;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly as regulated
by Chapter 3 of the NYS Building Code with an occupant load of 100
persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board.
B.
Application for operating permit. 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.
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 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
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 permit. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
G.
Fee. The fee specified in or determined in accordance with the provisions
set forth in the Town fee schedule must be paid at the time of submission
of an application for an operating permit, for an amended operating
permit, or for reissue or renewal of an operating permit.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer 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.
B.
Inspections permitted. In addition to the inspections required by Subsection A above, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer 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 or Energy Code 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 or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other provision
of this Zoning Law 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 the Town fee schedule must be paid prior to or at the
time of each inspection performed pursuant to this section. This subsection
shall not apply to inspections performed by OFPC.
The Code Enforcement Officer and ZEO 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 Zoning
Law, or any other law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code, the Energy Code or this Zoning
Law. The process for responding to a complaint shall include such
of the following steps as the 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 § 275-96, Enforcement; penalties for offenses, of this Zoning Law.
C.
If appropriate, issuing a stop-work order and/or compliance 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.
The Code Enforcement Officer and ZEO shall keep permanent official
records of all transactions and activities conducted by the officer
and 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 certificates,
stop-work orders, and operating permits and certificates of use 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
this article of the Zoning Law; 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 and ZEO shall each annually submit to the Town Board a written report and summary of all business conducted by the officer, including a report and summary of all transactions and activities described in § 275-94, Recordkeeping, of this Zoning Law 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 the Town of Pine Plains, on a form prescribed
by the Secretary of State, a report of the activities of this Town
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 Pine Plains is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Town in connection
with administration and enforcement of the Uniform Code.
A.
Compliance orders.
(1)
The Code Enforcement Officer and ZEO are 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 Zoning Law. Upon finding that any such
condition or activity exists, the officer shall issue a compliance
order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the officer;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this Zoning Law;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this Zoning Law which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the officer deems to be reasonably
necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The officer shall cause the compliance order, or a copy thereof,
to be served on the owner of the affected property personally or by
registered or certified mail. The 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 registered or 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
and ZEO are authorized to issue appearance tickets for any violation
of the Uniform Code or Zoning Law.
C.
Civil penalties. In addition to those penalties proscribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this Zoning Law, or any term or condition of any building
permit, certificate of occupancy, certificate of use, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
Zoning Law, 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 by Pine Plains.
D.
Criminal penalties and enforcement. Any violation of the Uniform
Code, Energy Code or Zoning Law is hereby declared to be an offense
punishable by a fine not exceeding $350 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
upon conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$350 nor more than $700, or imprisonment for a period not to exceed
six months, or both; and upon conviction of a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine not less than $700, nor more than $1,000, or
imprisonment for a period not to exceed six months, or both. For the
purpose of conferring jurisdiction upon the courts and judicial officers
generally, violations of the Uniform Code, Energy Code or Zoning Law
shall be deemed misdemeanors, and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
E.
Injunctive relief. An action or proceeding may be instituted by the
Town, 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 Zoning Law, or any term
or condition of any building permit, certificate of occupancy, certificate
of use, temporary certificate, stop-work order, operating permit,
compliance order, or other notice or order issued by the Code Enforcement
Officer or ZEO pursuant to any provision of this Zoning Law. 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 Zoning Law, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this Zoning Law, an action or proceeding may be commenced in the
name of the Town, 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 article
shall be commenced without the appropriate authorization from the
Town Board.
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 § 275-85, Stop-work orders, in any other section of this Zoning Law, 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 § 275-85, Stop-work orders, in any other section of this Zoning Law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 381 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 381 of the Executive Law.
The Town Board may, by resolution, authorize the Town Supervisor
to enter into an agreement in the name of this Town with other governments
to carry out the terms of this Zoning Law, 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.