[HISTORY: Adopted by the Village Board of the Village of
Webster as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
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.
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.
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]
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.
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]
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]
[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:
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;
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]
[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]
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.
BUILDING
DEBRIS
GARBAGE
JUNKED MOTOR VEHICLE
SOLID WASTE
UNSAFE BUILDINGS AND STRUCTURES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
UNSAFE PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any building, structure or portion thereof used
for residential, business, agricultural, industrial or other use.
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.
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.
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.
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.
Buildings or other structures which have any of the following
defects:
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.
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.
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.
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.
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.
Those buildings intended or used for human occupation that are
inadequate to protect the health, safety and general welfare of human
residents living therein.
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.
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.
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.
Any building which remains vacant and unattended continuously
for a period of one year or longer, without adequate safeguards to
prevent unauthorized entry.
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.
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.
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.
