[HISTORY: Adopted by the Town Board of the Town of Corinth 4-24-1986 as L.L. No. 2-1986. Amendments noted where applicable.]
This chapter is enacted pursuant to Section 1 of Chapter 707 of the Laws of 1981 [Executive Law § 381, Subdivision 2]. It shall provide the method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (herein referred to as the "Uniform Code") in the Town of Corinth and shall establish powers, duties and responsibilities in connection therewith.
The Town Board of the Town of Corinth hereby establishes the position of Uniform Fire Prevention and Building Code Building Inspector or Code Enforcement Officer (herein referred to as the "Building Inspector" or "Code Enforcement Officer") to administer and enforce the Uniform Code within the Town of Corinth. The bureau, corporation, business, department or individual appointed to fill the position will be so appointed by resolution of the Town Board.
The Building Inspector or Code Enforcement Officer shall:
Determine when a building permit is necessary and identify applicable provisions of the Uniform Code for compliance by the applicant.
Inspect buildings and premises for compliance with the Uniform Code.
Issue, deny and revoke building permits and certificates of occupancy.
Maintain records of each building permit, certificate of occupancy, inspection findings and decision of appeal and shall annually submit to the Town Board a written report of all business conducted.
Issue written orders to remedy violations.
[Amended 12-5-1996 by L.L. No. 2-1996]
All requirements for building permits shall be in accordance with Chapter 63, Building Permits.
[Amended 12-5-1996 by L.L. No. 2-1996]
The requirements for inspections and certificates of occupancy shall be as provided in Chapter 63, Building Permits.
Access to buildings and premises by the Building Inspector or Code Enforcement Officer to conduct inspections shall be made after reasonable prior notice has been given to the owner or authorized representative.
Buildings and premises not in compliance with applicable provisions of the Code are deemed to be in violation of the Code. In the case of such violation, a certificate of occupancy shall not be issued. Also, when a certificate of occupancy has been previously issued, it shall be revoked if such violation is not remedied, as provided for under this chapter.
Upon determination that a violation of the Uniform Code, this chapter or rules and regulations adopted hereunder exists in, on or about any building or premises, the Building Inspector or Code Enforcement Officer shall order, in writing, the remedial action that must be taken. Such order to remedy a violation shall state the provision of the Uniform Code or this chapter or rules and regulations adopted hereunder that has been violated and shall grant 30 days from the date of the order to achieve full compliance. If there is no compliance by the specified date, the Building Inspector or Code Enforcement Officer shall notify the owner of the property or the owner's agent in the form of a stop order to stop all work. Such person shall forthwith stop such work and suspend all building activities until the stop order has been rescinded by the Building Inspector or Code Enforcement Officer. Such order and notice shall be in writing and shall state the conditions under which the work may be resumed. The order to remedy violations must be served within five days of the date of the order and include language required under Part 1203 of the New York Compilation of Rules and Regulations (19 NYCRR Part 1203). The order to remedy violations or stop order may be served upon a person to whom it is directed either by delivering it personally to him or her or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the order to him or her by certified mail at the address set forth in the building permit application, if such application has been made.
[Amended 3-12-2015 by L.L. No. 1-2015]
Any person who shall fail to comply with a written order of the Building Inspector or Code Enforcement Officer within the time fixed for compliance and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of the law or any lawful order, notice, permit or certificate of the Building Inspector or Code Enforcement Officer shall be guilty of an offense punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed one year, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each weeks' continued violation shall constitute a separate, additional violation. Except as otherwise provided by law, such violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility, as a witness or otherwise, of any person found guilty of such an offense.
An action or proceeding in the name of the Town of Corinth may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, any rules or regulations adopted pursuant to this chapter or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
Any owner or authorized representative of buildings or premises affected by the Uniform Code or this chapter may appeal, to the New York State Regional Board of Review, the following actions:
The Town Board may adopt such rules and regulations as the Board deems reasonable to carry out the provisions of this chapter. The Building Inspector or Code Enforcement Officer may make recommendations to the Town Board to adopt, amend or appeal such rules and regulations as they may relate to efficient administration and enforcement of the provisions of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this chapter or any other provisions of law.