This article, part of Chapter
162, provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), the State Energy Conservation Construction Code (the Energy Code) and the Village of Ossining Code, where applicable. 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 chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this article.
The following additional definitions are applicable herein:
BUILDING PERMIT
A permit issued pursuant to §
162-28 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CODE ENFORCEMENT PERSONNEL
Includes the Code Enforcement Officers, the Director of Code
Enforcement, the Building Inspector, Assistant Building Inspector
and their designees.
[Amended 9-17-2018 by L.L. No. 5-2018]
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
OPERATING PERMIT
A permit issued pursuant to §
162-35 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Fire Chief of the Fire Department of the Village of Ossining
or an Assistant or Deputy Fire Chief shall promptly notify Code Enforcement
personnel of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe buildings, structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Local Law Number 2-2017 (Chapter
91), as now in effect or as hereafter amended from time to time.
Code Enforcement personnel, where applicable, 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, and this chapter. The process for responding to a complaint
shall include such of the following steps as Code Enforcement personnel
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 §
162-40, Enforcement, of this chapter;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Board of Trustees.
Such fee schedule may thereafter be amended from time to time by resolution.
The fees set forth in, or determined in accordance with, such fee
schedule or amended fee schedule shall be charged and collected for
the submission of applications, the issuance of building permits,
amended building permits, renewed building permits, certificates of
occupancy, temporary or partial certificates, operating permits, fire
safety and property maintenance inspections, and other actions of
Code Enforcement personnel described in or contemplated by this chapter.
Except as may otherwise be provided by statute or local law
or ordinance, no officer, agent or employee of the Village charged
with the enforcement of this chapter shall be personally liable for
any damage that may accrue to persons or property as a result of any
act required or permitted in the discharge of his or her duties under
this chapter. Any suit brought against any officer, agent or employee
of the Village, as a result of any act required or permitted in the
discharge of his or her duties under this chapter, shall be defended
by the legal representative of the Village until the final determination
of the proceedings therein.
[Amended 12-20-2017 by L.L. No. 9-2017]
A. The Village of Ossining Code Board of Appeals (Code Board of Appeals)
is hereby established. The Code Board of Appeals will have five members,
appointed by the Village Manager, each member to serve without compensation
for a term of two years. At least one member shall have experience
in the construction trades or property maintenance. Members must be
residents of the Village of Ossining. Vacancies during a term shall
be filled for the remainder of such term only. A member may be reappointed
to the Code Board of Appeals at the end of his/her term. Members whose
terms have expired shall continue to serve as members of the Code
Board of Appeals until the member is reappointed, resigns or a new
member is appointed in place of the departing member. A member may
be appointed to a maximum of four consecutive terms (eight years).
If the member has served for four consecutive terms, that member must
be off the Code Board of Appeals for one year before applying for
appointment to the Code Board of Appeals. The Code Board of Appeals
members shall designate the Chairperson. Two alternate members will
be appointed in the event one or more of the sitting members is unable
to hear a particular matter. The Village of Ossining Building Inspector
or Assistant Building Inspector shall be an ex officio member, but
shall have no vote on any matter before the Code Board of Appeals.
The Corporation Counsel or a Deputy Corporation Counsel shall serve
as an advisor to the Code Board of Appeals and shall not be considered
a member.
B. All appointed members of the Code Board of Appeals shall be required
to attend a minimum of 75% of the meetings of the Code Board of Appeals
scheduled within a calendar year.
C. Noncompliance with minimum requirements relating to attendance at
meetings shall be deemed a proper cause for removal from office by
the Board of Trustees.
D. The Chairperson of the Code Board of Appeals shall notify the Village
Manager in writing on or about December 1 in any year, or at any other
time if so warranted, of any member who fails to comply with the minimum
requirement for meeting attendance in any calendar year.
E. Notwithstanding the foregoing attendance requirement, the failure
of a member of the Code Board of Appeals to attend the required percentage
of meetings shall not affect that member's ability to hear, participate
and vote on applications before the Board. No decision of the Code
Board of Appeals shall be voided or declared invalid as a result of
a member's failure to comply with the annual attendance and/or training
requirements.
F. The Code Board of Appeals shall adopt rules of procedure for the
conduct of its business, provided such rules and any amendments thereto
shall be a part of its written record and not conflict with the provisions
of this chapter. Such rules of procedure shall be submitted to the
Village's Board of Trustees for review. Failure of the Board of Trustees
to approve, reject or modify such rules of procedure within 30 days
after submission shall be deemed to constitute approval thereof.
Any person who shall violate or assist in the violation of any
of the provisions of this chapter or who shall violate or fail to
comply with any order made thereunder shall upon conviction be punished
as provided in § 382, Subdivision 2, of the Executive Law
for each offense. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all such
persons shall be required to correct or remedy such violation or defects
within the time set forth, and each day that such violation continues
shall constitute a separate offense. The term "person," as used in
this section, shall include the owner, occupant, mortgagee, vendee
in possession, assignee of rents receiver, executor, trustee, lessee,
agent or any other person, firm or corporation directly or indirectly
in control of a building or part thereof.
The Board of Trustees of the Village of Ossining may, by resolution,
authorize the Village Manager to enter into an agreement with other
governments to carry out the terms of this chapter, provided that
such agreement does not violate any provision of the Uniform Code,
the Energy Code, Part 1203 of Title 19 of NYCRR, or any other applicable
law.