[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.
A.
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.
B.
The Building Inspector or Code Enforcement Officer
shall:
(1)
Determine when a building permit is necessary and
identify applicable provisions of the Uniform Code for compliance
by the applicant.
(2)
Inspect buildings and premises for compliance with
the Uniform Code.
(3)
Issue, deny and revoke building permits and certificates
of occupancy.
(4)
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.
(5)
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.
A.
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.
B.
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]
C.
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.
D.
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.
