[HISTORY: Adopted by the Board of Trustees of the Village
of Mamaroneck 5-22-2023 by L.L. No. 9-2023, effective 6-9-2023. 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 Mamaroneck in accordance with the regulations adopted by the New York State Department of State regarding local programs for administering and enforcing the Uniform Code and the Energy Code. It also provides for the enforcement of Chapters 96 (Amusements), 100 (Antennas), 106 (Auctions and Auctioneers), 116 (Bingo), 120 (Blasting), 150 (Dance Halls and Cabarets), 164 (Electrical Standards), 172 (Excavations), 196 (Games of Chance), 200 (Garbage, Rubbish and Refuse), 234 (Laundries and Dry Cleaning), 246 (Motels), 250 (News Racks), 274 (Peddling and Soliciting), 278 (Plumbing Standards), 280 (Property Maintenance), 285 (Sidewalk Cafes), 286 (Signs) and 300 (Swimming Pools) of the Code of the Village of Mamaroneck. Except as otherwise provided in the Uniform Code, the Energy Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of their use or occupancy, are subject to the provisions this chapter.
As used in this chapter, the following terms have the meanings
indicated:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals, or property. A building is a structure.
A permit, including a construction permit and a demolition
permit, which authorizes the performance of work, including a permit
which is renewed, amended, or extended pursuant to any provision of
this chapter.
A document issued by the Code Enforcement Officer stating
that work was done in compliance with approved construction documents
and the codes.
A document issued certifying that the building or structure,
or a portion of the building or structure, complies with the approved
construction documents and indicating that the building or structure,
or a portion of the building or structure, is in a condition suitable
for occupancy.
The Building Inspector of the Village of Mamaroneck.
The Code Enforcement Officer and all inspectors.
The Uniform Code and the Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
in that part by reference and the applicable provisions of 19 NYCRR
Part 1226 and the publications incorporated by reference in that part.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by National Fire Protection Association
(NFPA) 704 (Standard Systems for Identification of the Hazards of
Materials for Emergency Response), and which is used directly in research,
laboratory, or production processes which have, as their end product,
materials that are not hazardous.
Including but not limited to.
An inspector appointed pursuant to § 350-3D of this chapter.
Any vehicle that contains cooking equipment that is used
to prepare and serve food to the public and which produces smoke or
grease-laden vapors. The term does not include vehicles intended for
private recreation.
A permit issued pursuant to § 350-10 of this chapter and includes an operating permit that is renewed, amended, or extended pursuant to any provision of this chapter.
An order issued by the Code Enforcement Officer pursuant to § 350-17 of this chapter.
The person to whom a permit has been issued.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
An order issued pursuant to § 350-6 of this chapter.
Anything constructed, erected, or installed the use of which
requires location on or under the ground level, in whole or in part,
or attachment to something having location on or under the ground.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 350-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The Village of Mamaroneck.
The Code of the Village of Mamaroneck.
Any tangible physical activity conducted by persons with
or without the use of mechanical equipment that leads to or is intended
to lead to the erection of a building or structure on a parcel of
land.
A.
The office of Code Enforcement Officer is hereby created. The Code
Enforcement Officer is required to administer and enforce all the
provisions of the Uniform Code, the Energy Code, and this chapter.
The Code Enforcement Officer has the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with those applications;
(2)
Upon approval of applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in building permits,
certificates of occupancy, certificates of compliance, temporary certificates
of occupancy, and operating permits the terms and conditions the Code
Enforcement Officer determines to be appropriate;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, 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 the fees established by the Board of Trustees;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Village Attorney and Village Prosecutor,
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 the Code of the Village of Mamaroneck; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by law.
B.
The Village Manager appoints the Code Enforcement Officer pursuant to Chapter 76 of the Village Code. The Code Enforcement Officer must possess background experience related to building construction or fire prevention, must, 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 requires for code enforcement personnel, and must obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated under that law and those regulations.
C.
If the Code Enforcement Officer is unable to serve for any reason
for a period of time, the Village Manager is authorized to appoint
an Acting Code Enforcement Officer who will, during the term of his
or her appointment, exercise all powers and fulfill all duties conferred
upon the Code Enforcement Officer by this chapter.
D.
The Village Manager is authorized to appoint one or more inspectors
to act under the supervision and direction of the Code Enforcement
Officer and to assist the Code Enforcement Officer in exercising the
powers and fulfilling the duties conferred upon the Code Enforcement
Officer by law. Each inspector must, within the time prescribed by
law, obtain the basic training, in-service training, advanced in-service
training, and other training the State of New York requires for code
enforcement personnel and obtain certification from the New York State
Department of State pursuant to the Executive Law and the regulations
promulgated by the Department of State.
A.
Building permits required. Except as otherwise provided in Subsection B, a building permit is 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 of a building or structure, and the installation of a solid-fuel-burning heating appliance, chimney, or flue in any dwelling unit.
B.
No building permit may be issued for a building or structure that
does not comply with the requirements of this Code, including the
additional standards and requirements that may apply, unless those
requirements have been varied in accordance with this Code. Where
site development plan approval is required, a building permit may
be issued only for a building or structure conforming to the approved
site development plan.
C.
It is a violation of this chapter to commence any work for which
a building permit is required without first having obtained a building
permit under this chapter authorizing that work.
D.
No building permit is required for the following categories of work,
but the work must still comply with the Uniform Code and the Energy
Code:
(1)
Construction or 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;
(2)
Construction of temporary sets and scenery associated with motion-picture,
television, and theater uses;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
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
(8)
Repairs, if the work does not have an impact on fire and life safety
and does not involve any part of the structural system, the required
means of egress, the fire protection system, or the removal from service
of any part of the fire protection system for any period of time.
E.
Applications for building permits. An application for a building
permit must be made in writing on a form designated by the Code Enforcement
Officer. The application must be signed by the owner of the property
where the work is to be performed or an authorized agent of the owner.
The application must include the information the Code Enforcement
Officer deems sufficient to permit a determination by the Code Enforcement
Officer that the intended work complies with all applicable requirements
of the Uniform Code, the Energy Code, and the Village Code. The application
must include or be accompanied by the following information and documentation:
(1)
The name and address of the applicant and an email address at which
the applicant consents to be served with notices and orders under
this chapter;
(2)
The name and address of the property owner and an email address at
which the property owner consents to be served with notices and orders
under this chapter;
(3)
A description of the location, nature, extent, and scope of the proposed
work;
(4)
The Tax Map number and the street address of any affected building
or structure;
(5)
The occupancy classification of any affected building or structure;
(6)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(7)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information including braced wall designs, the
size, section, and relative locations of structural members, design
loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades, and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
F.
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 E(7) of this section. Construction documents which are accepted as part of the application for a building permit must be marked as accepted by the Code Enforcement Officer in writing or by stamp, or, in the case of electronic media, an electronic marking. One set of the accepted construction documents must be retained by the Code Enforcement Officer and one set of the accepted construction documents must be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. The return of a set of accepted construction documents to the applicant is not an authorization to commence work, nor an indication that a building permit will be issued. No work is permitted to be commenced unless and until a building permit is issued.
G.
Issuance of building permits. An application for a building permit
must be examined to ascertain whether the proposed work complies with
the applicable requirements of the Uniform Code, the Energy Code,
and the Village Code. The Code Enforcement Officer will issue a building
permit if the proposed work complies with the applicable requirements
of the Uniform Code, the Energy Code, and the Village Code. The building
permit must provide that all work must be performed in accordance
with the construction documents that were submitted with and accepted
as part of the application for the building permit and that the permit
holder must notify the Code Enforcement Officer immediately of any
change occurring during the course of the work.
H.
Building permits to be displayed. Building permits must be visibly
displayed at the work site and must remain visible until the authorized
work has been completed.
I.
Work to be in accordance with construction documents. All work must
be performed in accordance with the construction documents that were
submitted with and accepted as part of the application for the building
permit. The permit holder must notify the Code Enforcement Officer
immediately of any change occurring during the course of the work.
The building permit must contain such a directive. If the Code Enforcement
Officer determines that the change is material and warrants a new
or amended building permit, the change may not be made unless and
until a new or amended building permit reflecting the change is issued.
J.
Time limits. A building permit is invalid if the authorized work
is not commenced within six months following the date of issuance.
The Code Enforcement Officer is authorized, upon good cause shown
and payment of the required fee, to grant two three-month extensions
of the time within which to commence the authorized work. A building
permit expires 12 months after the date of issuance. The Code Enforcement
Officer is authorized, upon good cause shown and payment of the required
fee, to renew a building permit that has expired.
K.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate, or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code,
the Energy Code, or the Village Code, the Code Enforcement Officer
is required to revoke the building permit or suspend the building
permit until the permit holder demonstrates that all work then completed
is in compliance with all applicable provisions of the Uniform Code,
the Energy Code, and the Village Code and all work then proposed to
be performed will be in compliance with all applicable provisions
of the Uniform Code, the Energy Code, and the Village Code.
L.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 350-18 of this chapter and Appendix A347 (Fees) of this Code must be paid as required by those sections. If work for which a building permit is required has been commenced prior to obtaining a building permit, the building permit fee will be twice the amount determined in accordance with Appendix A347 (Fees) of this Code.
[Amended 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]
A.
Work to remain accessible and exposed. All work must 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 must notify the Code Enforcement Officer promptly when any element of work described in Subsection A(1) of this section is ready for inspection.
(1)
Elements of work to be inspected. The following elements of the construction
process must be inspected, where applicable:
(a)
Work site prior to the issuance of a building permit;
(b)
Footing and foundation;
(c)
Preparation for concrete slab;
(d)
Framing;
(e)
Structural, electrical, plumbing, mechanical, fire-protection,
and other similar service systems of the building;
(f)
Fire-resistant construction;
(g)
Fire-resistant penetrations;
(h)
Solid-fuel-burning heating appliances, chimneys, flues, or gas
vents;
(i)
Inspections required to demonstrate Energy Code compliance,
including insulation, fenestration, air leakage, system controls,
mechanical equipment size, and, where required, minimum fan efficiencies,
programmable thermostats, energy recovery, whole-house ventilation,
plumbing heat traps, and high-performance lighting and controls;
(j)
Installation, connection, and assembly of factory manufactured
buildings and manufactured homes; and
(k)
A final inspection after all work authorized by the building
permit has been completed.
(2)
Remote inspections. At the discretion of the Code Enforcement Officer
or an inspector authorized to perform construction inspections, a
remote inspection may be performed in lieu of an in-person inspection
when, in the opinion of the Code Enforcement Officer or the authorized
inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Code Enforcement Officer or by such authorized
inspector that the elements of the construction process conform with
the applicable requirements of the Uniform Code and Energy Code. Should
a remote inspection not afford the Code Enforcement Officer or the
authorized inspector sufficient information to make a determination,
the Code Enforcement Officer or inspector must perform an in-person
inspection.
(3)
Inspection results. After inspection, the Code Enforcement Officer
or inspector must either note that the work is satisfactory as completed
or notify the permit holder as to the manner in which the work fails
to comply with the Uniform Code or Energy Code, including a citation
to the specific code provision or provisions that have not been met.
Work not in compliance with any applicable provision of the Uniform
Code or Energy Code must remain exposed until that work has 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 is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer is authorized to issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether that 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 that work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner,
without regard to whether that 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 that 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.
C.
Service of stop-work orders. The Code Enforcement Officer must cause
the stop-work order, or a copy of the stop-work order, to be posted
at the affected property and to be served on the owner of the affected
property (and, if the owner is not the permit holder, on the permit
holder) personally, by email or by certified mail at the address stated
on the permit application. It is a violation of this chapter to remove
or deface a stop-work order that has been posted at a property. The
Code Enforcement Officer is permitted, but is not required, to cause
the stop-work order, or a copy of the stop-work order, 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, by
email or by certified mail, but the stop-work order is effective even
if it is not served on any person identified in this sentence.
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 must immediately
cease all work which is the subject of the stop-work order, other
than work expressly authorized by the Code Enforcement Officer to
correct the reason for issuing the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order is not the exclusive remedy available to address any event described in Subsection A of this section. The authority to issue a stop-work order is 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 § 350-17 of this chapter or under any other applicable state or local law. Any other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance is required
for any work which is the subject of a building permit and for all
structures, buildings, and portions of structures or buildings which
are converted from one use or occupancy classification or subclassification
to another. A building or structure, or a portion of a structure or
building, for which a building permit has been issued is not permitted
to be used or occupied until the Code Enforcement Officer has issued
a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
The Code Enforcement Officer is authorized to issue a certificate
of occupancy or certificate of compliance if the work which was the
subject of the building permit has been completed in accordance with
all applicable provisions of the Uniform Code, the Energy Code, and
the Village Code and, if applicable, that the structure, building
or portion of the structure or building 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.
Before a certificate of occupancy or certificate of compliance is
issued:
(1)
The Code Enforcement Officer or an inspector authorized by the Code
Enforcement Officer must inspect the building, structure, or work;
(2)
The fee established in accordance with the provisions set forth in § 350-18 of this chapter must be paid; and
(3)
Where applicable, the following documents, prepared in accordance
with the provisions of the Uniform Code by a person or persons designated
by the Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, must be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(a)
A written statement of structural observations and/or a final
report of special inspections;
(b)
Flood hazard certifications;
(c)
A written statement of the results of tests performed to show
compliance with the Energy Code; and
(d)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance must 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 (if any), address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy. The Code Enforcement Officer
is authorized to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or structure, or a portion of
a building or structure, prior to completion of the work which is
the subject of a building permit while the permit holder undertakes
to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code, the Energy Code and the Village Code.
(1)
The Code Enforcement Officer is authorized to issue a temporary certificate
of occupancy only if the Code Enforcement Officer determines that:
(a)
The building or structure, or the portion of the building or
structure, which will be covered by the temporary certificate of occupancy,
can be occupied safely;
(b)
All required fire and life safety components, such as fire protection
equipment and fire, smoke, carbon monoxide, and heat detectors and
alarms are installed and operational; and
(c)
All required means of egress from the structure have been provided.
(2)
The Code Enforcement Officer is authorized to include in a temporary
certificate of occupancy those terms and conditions that the Code
Enforcement Officer determines are necessary or appropriate to ensure
the health and safety of the persons occupying and using the building
or structure and/or performing further construction work in the building
or structure.
(3)
A temporary certificate of occupancy is effective for a period of
time determined by the Code Enforcement Officer and specified in the
temporary certificate of occupancy, but which does not exceed six
months.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy, certification
of compliance, or a temporary certificate of occupancy was issued
in error or on the basis of incorrect information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within the period of time specified by the Code Enforcement
Officer, the Code Enforcement Officer is authorized to revoke or suspend
the certificate.
The chief of any fire department providing firefighting services
for a property within the Village must promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of
imminent danger must be identified and addressed in accordance with
the procedures established by this Code.
A.
Operating permits required. Except as provided in Subsection B, no person is permitted to conduct any of the following processes or activities or operate any type of building, structure, or facility involving those processes or activities without obtaining an operating permit prior to commencing the process, activity, or operation and in accordance with that operating permit:
(1)
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable maximum allowable quantity
tables found in Chapter 50 of the Fire Code;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the Fire Code as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(b)
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the Fire Code;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(e)
Chapter 31, "Tents, Temporary Special Event Structures, and
Other Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the Fire Code;
(f)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire by-products or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law § 270.00;
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles";
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the Fire Code or exceeds the permitted aggregate
ratings in Section R327.5 of the Residential Code;
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
B.
Applications for operating permits. An application for an operating
permit must be in writing on a form prescribed by the Code Enforcement
Officer. The application must include all information the Code Enforcement
Officer determines to be sufficient to permit a determination by the
Code Enforcement Officer that the 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,
the tests or reports must be performed or provided, at the expense
of the applicant, by persons designated by or otherwise acceptable
to the Code Enforcement Officer.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer is required to inspect the subject
premises prior to the issuance of an operating permit. The inspection
must be performed either in person or remotely. Remote inspections
in lieu of in-person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
Village Code. The Code Enforcement Officer or inspector authorized
by the Code Enforcement Officer must perform an in-person inspection
if a remote inspection does not provide sufficient information to
make a determination. After the inspection is conducted, the Code
Enforcement Officer or an inspector authorized by the Code Enforcement
Officer must either issue the operating permit or notify the permit
holder as to the manner in which the premises fail to comply with
either or both of the Uniform Code and the code enforcement program,
including a citation to the specific provision or provisions that
have not been met.
D.
Multiple activities. In any circumstance in which more than one activity
for which an operating permit is required is to be conducted at a
location, the Code Enforcement Officer is authorized to require a
separate operating permit for each such activity or issue a single
operating permit to apply to all of the activities.
E.
Duration of operating permits. Operating permits are effective for
the specified period of time set forth in the operating permit, but
in no event to exceed the following:
F.
Renewal of operating permits. The Code Enforcement Officer may renew
an operating permit, upon payment of the applicable fee, if the processes
or activities are being operated in accordance with the operating
permit and the relevant circumstances have not materially changed
since the operating permit was issued.
G.
Revocation or suspension of operating permits. The Code Enforcement
Officer may revoke or suspend an operating permit upon determining
that any activity, process or building for which an operating permit
was issued does not comply with any applicable provision of the permit
or the Uniform Code.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures must be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
and authorized to perform fire safety and property maintenance inspections
to determine if the premises conform with the applicable provisions
of 19 NYCRR Part 1225 and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated in those regulations by reference.
B.
Frequency of inspections. Fire safety and property maintenance inspections
must be conducted at least once every 12 months.
C.
Remote inspections. The Code Enforcement Officer or inspector authorized
to perform fire safety and property maintenance inspections is authorized
to perform a remote inspection in lieu of an in-person inspection
if the remote inspection can be performed to the same level and quality
as an in-person inspection and the remote inspection shows to the
satisfaction of the Code Enforcement Officer or such authorized inspector.
If a remote inspection does not give the Code Enforcement Officer
or such authorized inspector sufficient information to make a determination,
the Code Enforcement Officer or authorized inspector must perform
an in-person inspection.
D.
Inspections permitted. In addition to the inspections required by Subsection A of this section, 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 or an inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of the 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.
E.
Court orders or warrants. Nothing in this subdivision permits an
inspection under any circumstances under which a court order or warrant
permitting the inspection is required unless a court order or warrant
has been obtained.
F.
Inspections by the New York State Office of Fire Prevention and Control.
Nothing in this section or in any other provision of this chapter
supersedes, limits, or impairs the powers, duties and responsibilities
of the Office of Fire Prevention and Control and the New York State
Fire Administrator or other authorized entity under Executive Law
§ 156-e and Education Law § 807-b. The Code Enforcement
Officer may accept an inspection performed by the Office of Fire Prevention
and Control or other authorized entity pursuant to §§ 807-a
and 807-b of the Education Law and/or § 156-e of the Executive
Law, in lieu of a fire safety and property maintenance inspection
performed by the Code Enforcement Officer or by an inspector, if:
(1)
The Code Enforcement Officer determines that the individual performing
the inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);
(2)
The Code Enforcement Officer determines that the inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3)
The inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each inspection is provided
to the Code Enforcement Officer; and
G.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 350-18 of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section. This subdivision does not apply to inspections performed by the Office of Fire Prevention and Control.
H.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 350-18 of this chapter and Appendix A347 (Fees) of this Code must be paid as required by those provisions. This subsection does not apply to inspections performed by the Office of Fire Prevention and Control.
[Added 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]
A.
The Code Enforcement Officer is required to review and investigate
complaints which allege or assert the existence of conditions or activities
that fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code.
B.
The process for responding to a complaint must include the following
steps as the Code Enforcement Officer determines to be appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection.
(2)
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 § 350-17 of this chapter.
(3)
If appropriate, issuing a stop-work order.
(4)
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.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report, but does not
limit the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for the condition assessment.
Includes the conditions identified as "unsafe" in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the Property Maintenance
Code.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessment general requirements. The owner operator of a parking garage must cause the parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment must be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment must be prepared, and provided to the Code Enforcement Officer, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer must review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Initial condition assessments must
be conducted prior to December 31, 2023.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, a periodic condition assessment of each parking
garage must be conducted not less frequently than every three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of the parking garage, or any portion of the parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of the parking garage must cause an additional condition assessment of the parking garage (or, if applicable, the portion of the parking garage identified by the responsible professional engineer) to be conducted no later than the date recommended in the condition assessment report.
(2)
If the Code Enforcement Officer becomes aware of any new or increased deterioration which, in the judgment of the Code Enforcement Officer, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by the new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the owner or operator of such parking garage must cause an additional condition assessment of the parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to be conducted no later than the date specified by the Code Enforcement Officer.
F.
Condition assessment reports. The responsible professional engineer
must prepare, or directly supervise the preparation of, a written
report of each condition assessment, and must submit such condition
assessment report to the Code Enforcement Officer within 90 days of
the date on which the assessment is conducted. The condition assessment
report must be sealed and signed by the responsible professional engineer,
and must include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed, considering the parking
garage's age, maintenance history, structural condition, construction
materials, frequency and intensity of use, location, exposure to the
elements, and any other factors deemed relevant by the responsible
professional engineer in the exercise of professional judgment.
G.
Review condition assessment reports. The Code Enforcement Officer
is authorized to take the enforcement action or actions in response
to the information in the condition assessment report as may be necessary
or appropriate to protect the public from the hazards that may result
from the conditions described in the report. In particular, but not
by way of limitation, the Code Enforcement Officer is authorized,
by order to remedy or such other means of enforcement as the Code
Enforcement Officer may deem appropriate, to require the owner or
operator of the parking garage to repair or otherwise remedy all deterioration,
all conditions that cause deterioration, and all unsafe conditions
identified in such condition assessment report. All repairs and remedies
must comply with the applicable provisions of the Uniform Code. This
section does not limit or impair the authority of the Code Enforcement
Officer to take any other enforcement action, including suspending
or revoking a parking garage's operating permit, as may be necessary
or appropriate in response to the information in the condition assessment
report.
H.
The Code Enforcement Officer must retain all condition assessment
reports for the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment of
a parking garage, and who provides the Code Enforcement Officer with
a written statement attesting to the engagement, the Code Enforcement
Officer must make the previously prepared condition assessment reports
for the parking garage (or copies of such reports) available to the
professional engineer. The Code Enforcement Officer may require the
owner or operator of the parking garage to pay the reasonable costs
and expenses associated with making the previously prepared condition
assessment reports (or copies of those reports) available to the professional
engineer.
I.
This section does not limit or impair the authority of the Code Enforcement
Officer:
(2)
To perform periodic fire safety and property maintenance inspections as are required by § 350-11 of this chapter; or
(3)
To take enforcement action or actions as may be necessary or appropriate
to respond to any condition that comes to the attention of the Code
Enforcement Officer by means of the Code Enforcement Officer's
inspections or observations, by means of a complaint, or by any other
means other than a condition assessment or a report of a condition
assessment.
A.
The Code Enforcement Officer must determine the climatic and geographic
design criteria for buildings and structures constructed within the
Village of Mamaroneck as required by the Uniform Code. Those determinations
must be made in the manner specified in the Uniform Code using, where
applicable, the maps, charts, and other information provided in the
Uniform Code. The criteria to be determined must include, but are
not necessarily limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within the scope of the Residential Code. The design criteria shall include the data identified in the design criteria table found in Chapter 3 of the Residential Code; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
A.
The Code Enforcement Officer must keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed, and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All condition assessment reports received;
(9)
All fees charged and collected; and
B.
All records identified in the preceding subsection are public records
open for public inspection during normal business hours. All plans
and records pertaining to buildings or structures, or appurtenances
to buildings and structures, must be retained for at least the minimum
time period required by state law and regulation.
A.
The Code Enforcement Officer must annually submit to the Board of Trustees a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 350-15 of this chapter.
B.
The Code Enforcement Officer must annually submit to the Secretary
of State, on behalf of the Village, on a form prescribed by the Secretary
of State, a report of the activities of the Village relative to the
administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer must, upon request of the New York State
Department of State, provide to the New York State Department of State
true and complete copies of the records and related materials the
Village is required to maintain; true and complete copies of the portion
of those records and related materials as may be requested by the
Department of State; and/or those excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.
Orders to remedy.
(1)
The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about
any building, structure, or premises in violation of the Uniform Code,
the Energy Code, or this chapter. An order to remedy must:
(a)
Be in writing, be dated and signed by the Code Enforcement Officer;
(b)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(c)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is or are violated by the specified
condition or activity;
(d)
State the date by which the specified condition or activity
must be remedied; and
(e)
Include a statement substantially similar to the following:
"The person or entity served with this order to remedy must completely
remedy each violation described in this order to remedy by [insert
date]."
(2)
The order to remedy may include provisions ordering the person or
entity served with the order to remedy to:
(a)
Begin to remedy the violations described in the order to remedy
immediately, or within some other specified period of time;
(b)
Continue diligently to remedy such violations until each violation
is fully remedied; and
(c)
Complete the remedying of the violations within 30 days of the
date of the order to remedy; and/or
(d)
Take such other protective actions (such as vacating the building
or barricading the area where the violations exist) as are authorized
by this chapter or by any other applicable statute, regulation, rule,
local law, or ordinance, and which the Code Enforcement Officer determines
to be appropriate during the period while the violations are being
remedied.
(3)
The Code Enforcement Officer must cause the order to remedy, or a
copy of the order to remedy, to be served on the owner of the affected
property and the permit holder personally, by email or by certified
mail within five days after the date of the order to remedy. The Code
Enforcement Officer may, but is not required to, cause the order to
remedy, or a copy of the order to remedy, 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, by email or by
certified mail within five days after the date of the order to remedy,
but the failure to serve any person mentioned in this sentence does
not make the order to remedy ineffective.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code or the Village Code.
C.
Penalties. In addition to any other penalties as may be prescribed
by state or local law:
(1)
Any person who fails to comply with an order to remedy any condition
found to exist in, on, or about any building in violation of the Uniform
Code within the time period stated in the order, and any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent
or agent or any other person taking part or assisting in the construction
of any building who knowingly violates any of the applicable provisions
of the Uniform Code or any order of the Code Enforcement Officer made
under the Uniform Code regarding standards for construction, maintenance,
or fire protection equipment and systems, is punishable by a fine
of not more than $1,000 per day of violation, or imprisonment not
exceeding one year, or both, for the first 180 days, and for the following
180 days is punishable by a fine of no less than $25 and not more
than $1,000 dollars per day of violation or imprisonment not exceeding
one year, or both, and thereafter is punishable by a fine of no less
than $50 and not more than $1,000 per day of violation or imprisonment
not exceeding one year, or both; and
(2)
Any person who violates any provision of Chapters 96 (Amusements), 100 (Antennas), 106 (Auctions and Auctioneers), 116 (Bingo), 120 (Blasting), 150 (Dance Halls and Cabarets), 164 (Electrical Standards), 172 (Excavations), 196 (Games of Chance), 200 (Garbage, Rubbish and Refuse), 234 (Laundries and Dry Cleaning), 246 (Motels), 250 (News Racks), 274 (Peddling and Soliciting), 278 (Plumbing Standards), 280 (Property Maintenance), 285 (Sidewalk Cafes), 286 (Signs) and 300 (Swimming Pools) of the Code of the Village of Mamaroneck, or any term, condition, or provision of any building permit, certificate of occupancy, certificate of compliance, temporary certificate of occupancy, temporary certificate of compliance, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, may be punished by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding 15 days, or both; and
(3)
Any person who violates any provision of the Uniform Code, the Energy Code or Chapters 96 (Amusements), 100 (Antennas), 106 (Auctions and Auctioneers), 116 (Bingo), 120 (Blasting), 150 (Dance Halls and Cabarets), 164 (Electrical Standards), 172 (Excavations), 196 (Games of Chance), 200 (Garbage, Rubbish and Refuse), 234 (Laundries and Dry Cleaning), 246 (Motels), 250 (News Racks), 274 (Peddling and Soliciting), 278 (Plumbing Standards), 280 (Property Maintenance), 285 (Sidewalk Cafes), 286 (Signs) and 300 (Swimming Pools) of the Code of the Village of Mamaroneck, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate of occupancy, temporary certificate of compliance, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, is liable to pay a civil penalty of not more than $1,000 for each day or part of a day during which the violation continues, recoverable in an action instituted in the name of the Village; and
(4)
In addition to any other applicable remedy or penalty, where a building
has been altered in violation of any provision of the Uniform Code
or any lawful order obtained under the Uniform Code and the alteration
impedes a person's egress from the building during a fire or
other emergency evacuation, the owner of the building, and any builder,
architect, contractor, subcontractor or construction superintendent,
or an agent of any builder, architect, contractor, subcontractor or
construction superintendent who has knowledge of the alteration, or
an owner who reasonably should have had knowledge of the alteration
based on an inspection or repair of a leased premises with consent
from the tenant, is subject to a civil penalty of up to $7,500.
D.
Injunctive relief. The Mayor, at the direction of the Board of Trustees,
is authorized to institute an action or proceeding in the name of
the Village, in the Supreme Court or other 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 a building permit, certificate
of occupancy, certificate of compliance, temporary certificate of
occupancy, temporary certificate of compliance, stop-work order, operating
permit or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this chapter and to direct the removal
of the building or structure or an abatement of the condition that
constitutes the violation. 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, order to remedy or other order obtained under
the Uniform Code, the Energy Code or this chapter, an action or proceeding
may be commenced in the name of the Village in the Supreme Court or
in any other court having the requisite jurisdiction, to obtain an
order directing.
E.
Remedies not exclusive. No remedy or penalty specified in this section is the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section is in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 350-6 or any other section of this chapter or 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 § 350-6 or any other section of this chapter, or in any other applicable law. Each remedy and penalty specified in this section is in addition to, and not in substitution for or limitation of, the penalties specified in Executive Law § 382, Subdivision 2, 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 Executive Law § 382, Subdivision 2.
[Amended 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]
The Code Enforcement Officer must charge and collect the fees required by the fee specified in or determined in accordance with the provisions set forth in § 350-18 of this chapter and Appendix A347 (Fees) of this Code, for the actions of the Code Enforcement Officer described in or contemplated by this chapter. If the Village Manager determines that a fee has been charged in error, the Village Manager is authorized to direct the Village Clerk-Treasurer to refund the fee.
The Board of Trustees may, by resolution, authorize the Village
Manager to enter into an agreement in the name of the Village with
other governments to carry out the terms of this chapter, provided
that the 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.
