Village of Webster, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Webster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Fire prevention — See Ch. 46.
Flood damage prevention — See Ch. 50.
Plumbing — See Ch. 101.
Sewers — See Ch. 113.
Stormwater management — See Ch. 130.
Water — See Ch. 162.
Zoning — See Ch. 175.
[Adopted 3-13-1989 by L.L. No. 2-1989]
This article shall be known as the "Village of Webster, New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law."
It is the intent of this article to provide for the administration and enforcement of the provisions of all laws, codes, ordinances, regulations and orders applicable to:
A. 
The location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Village of Webster.
B. 
Fire prevention and firesafety regulations consistent with generally accepted standards and nationally recognized good practice for the safeguarding of life and property from the hazards of fire and explosion arising from hazardous conditions in the use or occupancy of buildings or premises and from the storage and use of hazardous substances, materials and devices.
[Added 6-9-1994 by L.L. No. 2-1994]
As used in this article, the following terms shall have the meanings indicated:
BUILDING
A structure wholly or partly enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property.
STRUCTURE
Any assembly of materials constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. "Structures" include but are not limited to buildings, walls, fences, billboards, poster panels, towers and pools 24 inches deep or more. However, a child's playhouse is not included in this definition.
[Amended 6-14-2007 by L.L. No. 1-2007]
The Village Board of the Village of Webster hereby adopts the New York State Uniform Fire Prevention and Building Code, henceforth referred to as the "Uniform Code," and all subsequent amendments thereto.
The Building Inspector, Deputy Building Inspector, Fire Marshal, Deputy Fire Marshal and Code Enforcement Officer are code enforcement officials as defined in the Uniform Code.
[1]
Editor's Note: Original § 30-5, Office of the Building Inspector, was renumbered as § 30-6 6-14-2007 by L.L. No. 1-2007.
A. 
The Village Board of the Village of Webster does hereby establish the Office to be known as the "Office of the Building Inspector."
B. 
Purpose. The purpose of this Office is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Village.
C. 
Personnel.
[Amended 6-14-2007 by L.L. No. 1-2007]
(1) 
Building Inspector. The Office shall be headed by the Village officer designated as the "Building Inspector." The Building Inspector shall be appointed by the Village Board at a compensation to be fixed by the Board.
(2) 
The Code Enforcement Official 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, and the Code Enforcement Official shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
(3) 
Deputy Building Inspector. The Village Board may appoint a Deputy Building Inspector as the need may appear.
(a) 
One or more inspectors may be appointed by resolution of the Village Board to act under the supervision and direction of the Code Enforcement Official and to assist the Code Enforcement Official in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Official by this article. 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.
(4) 
The compensation for the Code Enforcement Official and inspectors shall be fixed from time to time by the Village Board of this Village of Webster.
[1]
Editor's Note: Original § 30-6, Code enforcement officials, was renumbered as § 30-5 6-14-2007 by L.L. No. 1-2007.
A. 
Building Inspector. Except as otherwise provided by law, ordinance, rule or regulation, the Building Inspector shall administer and enforce all provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances thereof not specifically delegated as responsibilities of the Fire Marshal.
B. 
Fire Marshal. Except as otherwise provided by law, ordinance, rule or regulation, the Fire Marshal shall administer and enforce all laws, codes, ordinances, rules, regulations and orders applicable to fire prevention and firesafety under Chapter 46, Fire Prevention.
C. 
Joint responsibilities on Uniform Code. The Building Inspector and the Fire Marshal shall jointly administer and enforce those provisions of the Uniform Code dealing with building construction related to fire prevention and firesafety.
D. 
Other duties.
(1) 
The Building Inspector and/or the Fire Marshal, as may be appropriate, shall issue notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction or demolition and to assure compliance with all applicable laws, codes, ordinances, rules and regulations.
(2) 
The Building Inspector and Fire Marshal shall keep official records of all transactions and activities of their respective offices, including records of all applications received, all permits and certificates issued, inspections conducted and notices and orders issued.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of the Building Inspector's duties, the assistance and cooperation of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
The provisions of the Uniform Code relating to maintenance, housekeeping and behavior regulations so as to protect life and property against the hazards of fire, explosion and the release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices shall apply equally to new and existing buildings and conditions.
B. 
The Building Inspector and/or Fire Marshal, as may be appropriate, shall have the authority to permit the continuance of existing conditions not in strict compliance with the terms of this article where the exceptions do not constitute a distinct hazard to life or property.
A. 
Whenever the Building Inspector or Fire Marshal shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the Uniform Code do not apply or that the intent and meaning of this article have been misconstrued or misinterpreted, the person affected may appeal from the decision of the Building Inspector or Fire Marshal to the State Fire Prevention and Building Code Council of the New York State Executive Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The procedures set forth herein for appeals shall not prohibit the Building Inspector or Fire Marshal from immediately removing a hazard or ordering the immediate closing of a building or premises until a violation of this article has been corrected when such hazard or the existence of such violation constitutes a distinct hazard to life or public safety.
A. 
No person, firm or corporation shall commence erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or installation therein of any building or structure or the change in use or occupancy of any building or structure without first obtaining the appropriate required permits from the Building Inspector or Fire Marshal. No permit shall be required for construction work which is not structural in nature and does not entail installation of plumbing, electrical, heating or ventilation systems already in use. No permit shall be required for work of an ordinary replacement or maintenance nature, except as otherwise stated in this article.
B. 
Application for a permit shall be made, on forms provided by the Village, by the owner or lessee or the agent of either or by the architect, engineer or builder employed in connection with the proposed work.
C. 
Each application for a permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction as well as the location of all existing structures on the site, distances from lot lines, the relationship of structures on adjacent property, the widths and grades of adjoining streets, walks and alleys, watercourses, easements and utilities on the property. Said plans and specifications shall show the size of all proposed new construction, and describe the nature and character of the work to be performed and all materials to be incorporated and, where required by the Building Inspector, details of structural, plumbing, mechanical and electrical work, including computations, stress diagrams and other essential data.
D. 
The aforementioned requirements of this section may be waived by the Building Inspector where it appears that strict application of this section would create an undue hardship and where it further appears that the strict application of this section would not result in a violation by the applicant of any of the other sections of this article or of any other ordinance, rule or regulation.
E. 
Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7307, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.
F. 
In all cases where there is to be installation of new plumbing or alteration of existing plumbing, a plumbing permit must be obtained.
G. 
The Fire Marshal shall issue all permits for solid-fuel-burning appliances, chimneys and/or flues, as governed by § 46-11B in Chapter 46, Fire Prevention.
[Amended 6-9-1994 by L.L. No. 2-1994]
H. 
Amendments to any application, plan or specifications may be filed at any time prior to commencement of the work. Such amendments shall likewise be subject to the approval of the Building Inspector and/or Fire Marshal, as may be appropriate.
A. 
The Building Inspector and/or Fire Marshal, as may be appropriate, shall review or cause to be reviewed applications for permits, together with the plans, specifications and documents filed therewith.
B. 
Upon the payment of the required fee and upon satisfactory proof's being given that the applicant is in compliance with the applicable provisions, rules and regulations of this article, a permit may be issued by and bear the name and signature of the Building Inspector or Fire Marshal, as may be appropriate.
C. 
Any permit granted hereunder shall be limited only to the activity authorized on said permit, and its continued validity shall be subject to the conditions set forth in said permit.
D. 
Any permit granted hereunder shall not be transferable except when transfer is approved by the appropriate official, and any change in the activity, size, extent or type of operation, location, ownership or use shall require a new permit.
E. 
Permits shall continue until revoked as provided for herein or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that satisfactory justification can be shown for failure to start or complete the work or activity authorized within the required time period.
F. 
Any application for or acceptance of any permit issued or requested pursuant to this article constitutes agreement and consent by the person making application or accepting the permit to allow the Building Inspector and/or Fire Marshal to enter upon the premises at any and/or during reasonable/normal working hours to conduct inspections as required by this article. Refusal to allow the Building Inspector or Fire Marshal to conduct said inspections of the premises and their records related to such permit or required to be maintained by this article shall constitute sufficient justification for the summary and immediate revocation or suspension of said permit. In addition, should the Building Inspector or Fire Marshal deem it necessary, either may make an application to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.
G. 
Consolidated permits. When more than one permit is required by the Fire Marshal for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation or suspension as set forth herein of a portion or portions of such consolidated permit for specific hazardous materials or operations may, at the sole discretion of the Fire Marshal, be sufficient cause to revoke or suspend the other permitted activities.
A schedule of fees is on file and available in the Village office.
Any approval issued by any Village official under this article, any zoning variance, any subdivision approval granted under Chapter 137, Subdivision of Land, and any other permit of any kind which is approved under this article shall expire if the construction or use permitted by such approval, variance or permit is not begun within one year after the granting of the approval, variance or permit. The recipient of any such approval, permit or variance may apply to the Board or official who issued the approval, permit or variance for an extension of one year in which to begin construction. This section shall apply to all permits, approvals and variances granted before the effective date of this article or hereafter.[1]
[1]
Editor's Note: Original § 30-14B, which immediately followed this section and required the posting of permits issued by the Fire Marshal, was repealed 6-4-1994 by L.L. No. 2-1994. For the provisions on posting of permits, see now Ch. 46, Fire Prevention, § 46-4F.
A. 
Whenever the Building Inspector has reasonable grounds to believe that the work on any building or structure is proceeding without permit or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe or dangerous manner, the Building Inspector shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B. 
Such stop-work order shall be in writing on a form prescribed by the Building Inspector and shall state the reason for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Building Inspector and shall be prominently posted at the work site.
C. 
Service of stop-work orders. The Code Enforcement Official 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 mail/certified mail. The Code Enforcement Official 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 mail/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
[Added 6-14-2007 by L.L. No. 1-2007]
A. 
A schedule of required inspections shall be made available to all applicants for permits.
B. 
It shall be the responsibility of the owner or the owner's agent to notify the Building Inspector and/or Fire Marshal when work is ready for each required inspection.
C. 
Inspections of all work authorized by a building permit shall be requested by notification of the Building Inspector and/or Fire Marshal not less than one working day prior to the time the inspection is to be scheduled. All inspections shall be scheduled as soon as possible, subject to the availability of the Building Inspector and Fire Marshal.
D. 
Firesafety inspections shall be conducted on a regular schedule by the Fire Marshal. All areas of public assembly shall be inspected at least once each year. Multiple dwellings and all nonresidential occupancies shall be inspected at least once every two years. Dwellings shall be inspected only upon bona fide complaints or upon the request of the owner or occupant.
E. 
Inspections of the installation of any solid-fuel-burning heating appliances and associated chimneys and flues shall be conducted by the Fire Marshal. No person shall use or permit the use of any solid-fuel-burning appliance, chimney or flue which has been installed, constructed, reconstructed, repaired or altered or which has been subjected to a chimney fire unless and until said appliance, chimney or flue has been inspected by the Fire Marshal and a certificate of compliance issued by the Fire Marshal. Failure to comply with these provisions is a violation of this article and is grounds for ordering that the premises be vacated.
F. 
For all other inspections, specific requirements as to the advance time for inspection requests and the acceptable means of notification shall be at the discretion of the Building Inspector and/or Fire Marshal or in accordance with established procedures, rules or regulations.
G. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Official or by an inspector authorized by the Code Enforcement Official. The permit holder shall notify the Code Enforcement Official when any element of work described in Subsection I of this section is ready for inspection.
[Added 6-14-2007 by L.L. No. 1-2007]
H. 
Failure to request a required inspection shall be cause for rejection of the work or an order to expose the work for inspection.
I. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
[Added 6-14-2007 by L.L. No. 1-2007]
(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.
J. 
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.
[Added 6-14-2007 by L.L. No. 1-2007]
K. 
Where permits are required, the Building Inspector and/or Fire Marshal may, at any reasonable hour, enter any building or premises within the Village of Webster for the purpose of making the required inspections.
L. 
Upon written complaint of any person, duly affirmed under penalty of perjury, alleging a violation of this article or of the Uniform Code, the Building Inspector and/or Fire Marshal shall investigate the complaint and make written report to the complainant, the owner of the property, the Mayor and the Village Board.
[Amended 6-9-1994 by L.L. No. 2-1994]
M. 
The Building Inspector/Fire Marshal 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 article, or any other local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector/Fire Marshal may deem to be appropriate:
[Added 6-14-2007 by L.L. No. 1-2007]
(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 § 30-22, Violation notices; appearance tickets; penalties for offenses, of this article;
(3) 
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.
N. 
The Building Inspector and/or Fire Marshal may, at any reasonable hour, enter any building or premises for the purpose of making an inspection or investigation to ensure compliance with the provisions of this article and the Uniform Code.
O. 
Should entrance to make an inspection be refused or permission to enter be unable to be obtained, application may be made for a warrant to make such inspection to any court of competent jurisdiction.
P. 
Open burning shall be in accordance with the provisions of the Monroe County Sanitary Code, Article V. All controlled burnings must first be checked by the Fire Marshal for compliance and properly set up with notification to the respective Fire Chiefs and Departments, the Village Clerk, the Webster Police Department and the Monroe County Fire Dispatcher's office.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 8-11-2005 by L.L. No. 5-2005; 6-14-2007 by L.L. No. 1-2007]
A. 
Certificates of occupancy/certificates of compliance required. A certificate of occupancy/certificate of compliance 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/certificate of compliance.
B. 
Issuance of certificates of occupancy/certificates of compliance. The Building Inspector shall issue a certificate of occupancy/certificate of compliance 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 Official or an inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/certificate of compliance. 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 Building Inspector, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy/certificate of compliance:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications, where applicable.
C. 
Contents of certificates of occupancy/certificates of compliance. A certificate of occupancy/certificate of compliance 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/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance 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 building permit; and
(10) 
The signature of the Building Inspector issuing the certificate of occupancy/certificate of compliance and the date of issuance.
D. 
Temporary certificate. The Building Inspector 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. However, in no event shall the Building Inspector issue a temporary certificate unless the Building Inspector determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Building Inspector 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 Building Inspector 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 certificates. If the Building Inspector determines that a certificate of occupancy/certificate of compliance 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 Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate.
F. 
A certificate of occupancy for a two-family dwelling, multiple-family dwelling, or building containing a dwelling unit or units and a retail store, restaurant, professional office, business office and/or personal service establishment shall expire upon the first to occur of the following:
(1) 
Change in use.
(2) 
Sale or transfer of title, other than a sale or transfer that is:
(a) 
A transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer; or
(b) 
A transfer is to a person or persons related by blood, marriage or adoption to the transferor or to one or more of the transferors or to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor); or
(c) 
A transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court.
(3) 
Reoccupying a building or portion thereof after it has remained vacant or unoccupied for a period of 200 days;
(4) 
Sixty days following the issuance of a second or subsequent violation notice or appearance ticket under § 30-22 of this Code, unless such violation has been cured during that sixty-day period.
G. 
Inspections and issuance of renewal certificates of occupancy for a two-family dwelling, multiple-family dwelling, or building containing a dwelling unit or units and a retail store, restaurant, professional office, business office and/or personal service establishment shall be governed by the standards described in § 175-3 for "usable condition" and § 175-67 for maintenance standards.[1]
[1]
Editor's Note: Original § 30-17H, Violations, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 6-14-2007 by L.L. No. 1-2007]
A. 
The Code Enforcement Official 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. However, in no event shall the Code Enforcement Official issue a temporary certificate unless the Code Enforcement Official determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Code Enforcement Official 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 Official 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.
B. 
Revocation or suspension of certificates. If the Code Enforcement Official determines that a certificate of occupancy/certificate of compliance 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 Official within such period of time as shall be specified by the Code Enforcement Official, the Code Enforcement Official shall revoke or suspend such certificate.[1]
[1]
Editor's Note: Original § 30-19, Temporary certificate of occupancy, was repealed 6-14-2007 by L.L. No. 1-2007.
A. 
Certificates of compliance shall be used to indicate conformance with this article and the Uniform Code for installations which require inspection but would not be issued a certificate of occupancy. Such installations include but are not limited to solid-fuel burning heating appliances, plumbing installations, other equipment installation and removal of underground tanks and firesafety inspections.
B. 
Certificates of compliance shall be issued by the Building Inspector or Fire Marshal only after an inspection which shows that the installation is in conformance with this article and the Uniform Code.
C. 
Certificates of compliance may be revoked when there has been substantial and unauthorized change in conditions which renders or may render the installation not in conformance with this article and the Uniform Code.
[Added 6-14-2007 by L.L. No. 1-2007]
The chief of any fire department providing fire-fighting services for a property within this Village shall promptly notify the Code Enforcement Official of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.
[Added 6-14-2007 by L.L. No. 1-2007[1]]
A. 
Purpose. Unsafe buildings pose a threat to the health and safety of the residents of the Village of Webster. Buildings may become unsafe by reason of fire, damage caused by other elements, age and/or general deterioration. Vacant buildings that are not properly secured serve as attractive nuisances for young children and provide a place for older children and transients to congregate unsupervised. A dilapidated building may also serve as a place of rodent or other infestation, creating a health menace to the community. The outdoor storage, accumulation, deposit or placement of abandoned, junked, discarded, wholly or partially dismantled or unlicensed or unregistered motor vehicles, rubbish, debris, solid waste or garbage upon private property likewise threatens the health, safety and welfare of the residents of the Village of Webster. It is the purpose of this section to promote the public health, safety and general welfare of the residents of the Village of Webster by providing for a procedure and process to deal with unsafe buildings by requiring that they be either repaired or demolished and removed and to deal with unsafe property by requiring that accumulated debris, junked motor vehicles, garbage and solid waste be removed.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING
Includes any building, structure or portion thereof used for residential, business, agricultural, industrial or other use.
DEBRIS
Includes all materials resulting from the construction, excavation, renovation, equipping, remodeling, repair or demolition of structures, property or roads, as well as materials consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal storm-related cleanup. Such materials shall include, but not be limited to, bricks, concrete and other masonry material, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphalt pavement, glass, window frames, electrical wiring and components, plastics, carpeting, foam padding, linoleum or vinyl flooring, metals or combinations thereof which are incidental to construction, excavation, renovation, equipping, remodeling, repair or demolition. Notwithstanding the foregoing, materials that are being used on the owner's premises for an ongoing improvement for which a building permit is in effect shall not be deemed to be "debris," provided that, if stored outside, they are covered by tarps or the equivalent to protect the materials from the weather.
GARBAGE
Includes all putrescible animal and vegetable waste resulting from the growing, processing, marketing and preparation of food items, including containers in which packaged, and animal feces from household pets.
JUNKED MOTOR VEHICLE
Includes a motor vehicle which is wrecked, abandoned, dismantled or partially dismantled and which is in such a deteriorated condition that it cannot be legally operated upon the public highways without substantial repairs. With respect to any motor vehicle not required to be licensed or motor vehicles not usually used on public highways, the fact that such motor vehicle has remained unused for six months or more and is not in condition to be moved under its own power shall be presumptive evidence that such motor vehicle is a junked motor vehicle.
SOLID WASTE
Includes all putrescible and nonputrescible materials and substances discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including but not limited to household and commercial garbage, industrial waste, rubbish, debris, litter and ashes.
(1) 
Buildings or other structures which have any of the following defects:
(a) 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(b) 
Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of nonsupporting enclosing or outside walls or covering.
(c) 
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
(d) 
Those which have been damaged by fire, wind, snow load or other causes so as to have become dangerous to the life, safety and general welfare of the residents of the Village of Webster.
(e) 
Those which have become or are so dilapidated, decayed, unsafe or unsanitary that they are unfit for occupation by humans or animals or for use for storage.
(f) 
Those buildings intended or used for human occupation that are inadequate to protect the health, safety and general welfare of human residents living therein.
(g) 
Those buildings that lack adequate facilities for ingress and egress in case of fire or other emergency or those having insufficient stairways, elevators, fire escapes or other means of escape.
(h) 
Those which have parts thereof which are so attached that they may fall and injure persons on the property or members of the general public or cause damage to other property.
(i) 
Those buildings and structures which violate the provisions of the New York State Uniform Fire Prevention and Building Code, the Zoning Law of the Village of Webster, the Property Maintenance Code of New York State, the Building Code of New York State, the Fire Code of New York State, the Residential Code of New York State, the Plumbing Code of New York State, the Mechanical Code of New York State, the Energy Code of New York State and any other applicable laws of the State of New York, County of Monroe or Village of Webster.
(j) 
Any building which remains vacant and unattended continuously for a period of one year or longer, without adequate safeguards to prevent unauthorized entry.
(2) 
This Code provision shall be applicable to all properties in the Village of Webster, whether existing at the time of the adoption of this provision or constructed thereafter.
UNSAFE PROPERTY
Includes a property upon which debris, garbage, junked motor vehicles, rubbish and/or solid waste have been allowed to accumulate to the extent that their presence constitutes a hazard to public health by creating a hazardous condition for those persons entering onto the property whether by invitation or in response to emergency calls, provides a habitat for rats and other undesirable animals or creates an eyesore to the community.
C. 
Notification of unsafe condition; demolition or reconstruction.
(1) 
When a building has been damaged by a fire or explosion, it shall be the obligation of the owner to notify the Code Enforcement Official of such occurrence within 72 hours after such occurrence. Notwithstanding this notification requirement, if the Code Enforcement Official has already been notified of the damage, this notice provision shall be waived.
(2) 
If fire, explosion or other natural disaster or general neglect shall render the building so damaged as to be incapable of being occupied or used in accordance with the New York State Uniform Fire Prevention and Building Code and/or Chapter 175, Zoning, of the Code of the Village of Webster, the owner of such building shall also, within 72 hours after such occurrence or, in the case of a building that has become deteriorated by general neglect, within 72 hours after being notified by the Code Enforcement Official of the deterioration of the building into an unsafe condition, seal said building against access by unauthorized persons and shall clear the site of debris incident to the occurrence within two weeks after the occurrence.
(3) 
Within 60 days after an occurrence as set forth in Subsection C(2) above, the owner shall notify the Code Enforcement Official in writing of his or her intent to either demolish the building and not rebuild or to rebuild the building. The owner shall have the right to request a sixty-day extension if the delay is caused by circumstances beyond his control, including but not limited to delay in settlement with his insurance company.
(4) 
If the owner notifies the Code Enforcement Official of his intent to demolish the building and not rebuild, the owner must commence demolition within 30 days thereafter and demolition must be completed and all debris removed within 30 days thereafter (60 days after notice of election to demolish).
(5) 
If the owner notifies the Code Enforcement Official of his intent to rebuild or reconstruct the building, application for a building permit must be obtained within 60 days after notice of election to rebuild. The owner shall have a total of six months to complete the rebuilding or reconstruction of the building but shall have the right to request an extension if necessary to finish the reconstruction; provided, however, that during such period the building must remain secured as to not present a hazard to the public. The Code Enforcement Official shall grant an extension if it appears that rebuilding or reconstruction is continuing and that during such rebuilding or reconstruction the building is secured so as not to create a hazard to the public. Any extension granted by the Code Enforcement Official shall not extend beyond one year following the election to rebuild, unless the consent of the Village Board to a further extension is granted.
D. 
Investigation and report.
(1) 
Upon receipt of a report filed with the Code Enforcement Official in accordance with Subsection C above or when, in the opinion of the Code Enforcement Official or upon receipt of information from another source that a building or structure is or may be an unsafe building as defined in Subsection B hereof, the Code Enforcement Official shall cause or make an inspection of the same and report in writing to the Village Board of his findings and any recommendations in regard to the unsafe building or structure, its repair or demolition and removal. The Code Enforcement Official shall be required to identify himself to any reputed owner or occupant thereof. If in the opinion of the Code Enforcement Official an interior inspection is warranted, the Code Enforcement Official shall have the authority to obtain an administrative search warrant.
(2) 
Upon receipt of a complaint from a person indicating that a property may have been rendered an unsafe property due to the accumulation of debris, junked cars, rubbish and/or solid waste on a property or upon personal observation by the Code Enforcement Official, the Code Enforcement Official shall be required to identify himself to any reputed owner or occupant thereof. If, following an inspection, the Code Enforcement Official believes that the property is in violation, the Code Enforcement Official shall serve or caused to be served notice, in person or by certified mail, upon the owner or owner's agent and upon the occupant or lessee of the property, if applicable. Said notice shall specify the name of the owner, the address of the property where the violation exists, the SBL number of the property, and a statement of the conditions that exist on the property that make the property in violation of this section and shall demand that the items which have resulted in the violation be removed within 10 days following receipt of written notice of violation. The Code Enforcement Official shall inspect the property 10 days after the giving of written notice, as provided above, and if violations have been corrected, the matter shall be deemed closed. If the violations have not been corrected, the Code Enforcement Official shall file a report to the Village Board.
E. 
Village Board order. The Village Board shall review the report submitted by the Code Enforcement Official and by resolution determine if, in its opinion, based solely upon the report, it is indicated that the building is an unsafe building or that the property is an unsafe property, as defined herein, and, if it so finds, order that a hearing be held before the Village Board to determine whether the building is an unsafe building or the property is an unsafe property, as defined herein, with notice to the owner of the building or property.
F. 
Contents of notice; noncompliance.
(1) 
The notice shall contain the following:
(a) 
A description of the premises, including tax account number and street address.
(b) 
A statement of the particulars in which the building or property is unsafe or dangerous.
(c) 
An order outlining the manner in which the building is to be made safe and secure, or demolished and removed, or the manner in which the property is to be rendered safe.
(d) 
A statement that the securing or removal of such building or the removal of the debris, junked motor vehicles, rubbish and/or solid waste shall commence within 30 days following a further decision of the Village Board rendered following the hearing specified hereafter and shall be completed within 60 days thereafter, unless for good cause shown the Village Board shall extend such time.
(e) 
A date, time and place for a hearing set by the Village Board before the Village Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than 15 business days from the date of service of the notice.
(2) 
The notice shall further state that, in the event of the refusal or neglect of the person so notified to comply with the order of the Village Board following the hearing, the Village Board may provide for the repairing and securing or demolition and removal of such building or the removal of the debris, junked motor vehicles, rubbish and/or solid waste either by Village employees or by contract and that the expenses of such repairing and securing or demolition and removal will be assessed back against the owner in accordance with Subsection L of this section.
(3) 
As an alternative, the Village Board may, in its discretion, elect to direct the Code Enforcement Official to apply to the Supreme Court of the State of New York for an order directing that the building be repaired and secured or demolished and removed or that the property be cleaned up.
G. 
Service of notice. Said notice shall be served personally upon the owner as shown by the records of the Village Assessor of the Village of Webster or the Monroe County Clerk's office. In the event that the reputed owner is deceased, service shall be made upon the owner's executors, legal representatives, agents, lessees, heirs or distributees, as determined after review of surrogate court or other relevant records. If no such person can be reasonably found, such notice shall be served by mailing, both by regular and certified mail addressed to the last known address, if any, of the owner or the owner's executors, legal representatives, agents, lessees, heirs or distributees. If such notice is served by regular and certified mail, a copy of such notice shall be posted on the premises.
H. 
Filing of notices. A copy of the notice served as provided herein shall be filed in the Monroe County Clerk's office in the same manner as provided for in the case of a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules of the State of New York and shall have the same effect as the filing of a notice of pendency as provided therein. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon an order of a judge or justice of a court of record or upon the consent of the Attorney for the Village. The County Clerk shall mark such notice and record or docket thereof as canceled of record upon the presentation and filing of such consent or a certified copy of such order. In addition, a copy of said notice shall be filed in the office of the Webster Village Clerk.
I. 
Hearing, determination and order.
(1) 
At the time and place specified in the notice issued pursuant to Subsection F of this section, the Village Board shall conduct a hearing to review the report prepared by the Code Enforcement Official, the testimony of the Code Enforcement Official and such other evidence as the owner or Code Enforcement Official shall introduce having relevance to the proceedings. At such hearing, the owner, his executor, legal representative, agent, lessees, heirs or distributees shall be entitled to introduce evidence to rebut the report submitted by the Code Enforcement Official and his testimony, including but not limited to the owner's own testimony, photographic evidence, reports of licensed Building Inspectors and other relevant evidence. In addition, the owner shall have the right to request the Village Board to personally visit the building and/or the property.
(2) 
At the close of the hearing, the Village Board shall by resolution affirm, modify or rescind its initial decision and order. If the initial order is affirmed or affirmed with modification, the Village Board shall issue an order directing that the owner shall, within 30 days following the service upon the owner of the Village Board's order following the hearing, commence with the repairing and securing of the building or the demolition and removal of the building in accordance with the order of the Village Board or in the case of an unsafe property that the owner shall remove and dispose of the items that have rendered the property unsafe and that such repairing and securing or demolition and removal shall be completed within 60 days thereafter.
J. 
Repair or demolition by Village.
(1) 
If the owner shall fail to commence repairing and securing or demolishing and removal of the building or cleaning up of the property within 30 days following service upon the owner of the order of the Village Board following the hearing or fails to complete said repairing and securing or demolition and removal or cleaning up of the property within 60 days thereafter, the Village Board may provide for the repairing and securing of the building or the demolition and removal of the building or cleaning up of the property by Village employees or by contract and that said expenses be assessed back against the owner in accordance with Subsection L hereof. Except in the case of an emergency as provided in Subsection K hereof, any contract for the repairing and securing or the demolition and removal of a building in excess of the monetary limits established in § 103 of the General Municipal Law shall be awarded by the Village Board through competitive bidding.
(2) 
As an alternative, the Village Board may, in its discretion, elect to direct the Code Enforcement Official to apply to the Supreme Court of the State of New York for an order directing that the building be repaired and secured or demolished and removed or that the property be cleaned up and the items that render it unsafe be removed and disposed of properly.
K. 
Emergency actions. Where the Village Board determines that there is a clear and imminent danger to the life, safety or health of persons and/or property unless an unsafe building is immediately repaired and secured or demolished and removed or unless an unsafe property is immediately cleaned up with items rendering it unsafe removed, the Village Board may by resolution authorize the Code Enforcement Official to immediately cause the repair or demolition of such unsafe building and/or the cleaning up of the property and removal of the items that rendered the property unsafe. The expenses of any repair and securing or demolition and removal shall be a charge against the real property upon which such unsafe building is located and shall be assessed, levied and collected as provided for in Subsection L hereof.
L. 
Assessment and collection of Village's expenses. All expenses incurred by the Village in connection with proceedings to compel the repair and securing or demolition and removal of an unsafe building and any cost of the actual repair and securing or demolition and removal and the cost of cleaning up an unsafe property and removal of all items that have caused the property to become unsafe shall be assessed upon the real property upon which such unsafe building or the unsafe property is located and shall be levied and collected in the same manner as provided for in Article 5 of the Village Law for the levy and collection of special ad valorem assessments.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Violations; procedures for correction; appearance tickets.
(1) 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any of the provisions of this article or fail in any manner to comply with any notice, directive or order of the Building Inspector and/or Fire Marshal or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit, use permit, plumbing permit or certificate of occupancy.
(2) 
Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this article shall comply with all the provisions of the Uniform Code, this article and all orders, notices, rules, regulations or determinations issued in connection therewith.
(3) 
Whenever it is found that there has been a violation of the Uniform Code, this article or any rule or regulation adopted pursuant to this article, a violation notice and/or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
(4) 
Violation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice unless said ten-day period shall be modified in the discretion of the enforcement officer issuing such violation notice or unless a shorter period of time has been prescribed in this article.
(5) 
Violation notices and other orders or notices referred to in this article shall be served on the owner or one of the owner's executors, legal representatives, agents, lessees, any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail addressed to the last known address, if any, of the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last preceding completed record of the Receiver of the Taxes or in the office of the County Clerk.
(6) 
Appearance tickets. The Building Inspector and/or Fire Marshal shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket subscribed by the Building Inspector and/or Fire Marshal directing a designated person to appear in court at a designated time in connection with the commission of a violation of this article or any order made thereunder.
B. 
Penalties.
(1) 
Unless otherwise provided in § 382 of the Executive Law, any person who shall fail to comply with a written order of the Building Inspector and/or Fire Marshal within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent or agent thereof or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Building Inspector and/or Fire Marshal made thereunder or in addition to any other penalties provided for in this article, the Uniform Code or any rules or regulations adopted pursuant to this article or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder shall be guilty of an offense punishable by a fine of not more than $250 or by imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.
[Amended 6-9-1994 by L.L. No. 2-1994]
(2) 
An action or proceeding in the name of the Village of Webster, New York, 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 article, a rule or regulation adopted pursuant to this article or a violation of any order 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.
(3) 
Injunctive relief. An action or proceeding may be instituted in the name of the Village of Webster, 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 article or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Official pursuant to any provision of this article. 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 article, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this article, an action or proceeding may be commenced in the name of the Village of Webster, 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 subsection shall be commenced without the appropriate authorization from the Board of the Village of Webster.
[Added 6-14-2007 by L.L. No. 1-2007]
(4) 
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 § 30-15, Stop-work orders, of this article, in any other section of this article, 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 § 30-15, Stop-work orders, of this article, in any other section of this article, 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 § 382 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 § 382 of the Executive Law.
[Added 6-14-2007 by L.L. No. 1-2007]
[Added 6-14-2007 by L.L. No. 1-2007]
A. 
The Building Inspector shall 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 other features and activities specified in or contemplated by this article; 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.
[Added 6-14-2007 by L.L. No. 1-2007]
A. 
The Building Inspector shall annually submit to the Board of the Village of Webster a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 30-23, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B. 
The Building Inspector shall annually submit to the Secretary of State, on behalf of the Village of Webster, on a form prescribed by the Secretary of State, a report of the activities of the Village relative to administration and enforcement of the Uniform Code.
C. 
The Building Inspector 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 this Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village of Webster in connection with administration and enforcement of the Uniform Code.
This article shall not be construed to hold any Code Enforcement Officer of the Village of Webster or the Village of Webster responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect as required by any permits under this article, nor shall the Code Enforcement Officer or the Village be liable for any damage to persons or property by reason of the Building Inspector's and/or Fire Marshal's exercising their discretion as provided in this article.
In the event that the provisions of this article shall be in conflict with any other law, rule or regulation, the more stringent provision shall govern.