[HISTORY: Adopted by the Town Board of the
Town of Union Vale 6-5-2014 by L.L. No. 2-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Advisory Commission — See Ch. 32.
Electrical standards — See Ch. 117.
Subdivision of land— See Ch. 192.
Zoning — See Ch. 210.
[1]
Editor's Note: This local law also repealed former Ch. 105,
Building Construction and Fire Prevention, adopted by the Town Board
of the Town of Union Vale 8-4-1964, as amended.
A.
This chapter provides for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code (the Uniform
Code) and the State Energy Conservation Construction Code (the Energy
Code) in the Town of Union Vale as required by New York Executive
Law § 381.
B.
This chapter incorporates the minimum features of a program for administration
and enforcement of the Uniform Code as required by 19 NYCRR Part 1203.
C.
This chapter also confers upon the Code Enforcement Officer all authority
granted to a Town Building Inspector by Town Law § 138.
D.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued pursuant to § 105-3I. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter as well as a demolition permit.
A certificate issued pursuant to subdivision § 105-8C of this chapter.
The Code Enforcement Officer appointed pursuant to § 105-3B of this chapter.
The Code Enforcement Officer and all inspectors.
An order issued by the Code Enforcement Officer pursuant to § 105-16A of this chapter.
A type of building permit issued for the demolition or all
or a portion of a building.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 105-3D of this chapter.
A permit issued pursuant to § 105-11. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
Shall include an individual, corporation, limited liability
company, partnership, limited partnership, business trust, estate,
trust, association, or any other legal or commercial entity of any
kind or description.
An order issued pursuant to § 105-7.
The Town of Union Vale.
The Town Board of the Town of Union Vale.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A.
The public office of Code Enforcement Officer for the Town of Union
Vale is hereby created. The Code Enforcement Officer shall administer
and enforce all the provisions of the Uniform Code, the Energy Code
and this chapter.
B.
The Code Enforcement Officer shall be appointed by the Town Board.
The Code Enforcement Officer shall possess background experience related
to building construction or fire prevention. The appointment shall
be in accordance with the applicable New York Civil Service Law.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Town
Board to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment,
exercise all powers and fulfill all duties conferred upon the Code
Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Code Enforcement Officer
and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement
Officer by this chapter.
E.
The compensation for the code enforcement personnel shall be fixed
from time to time by the Town Board of the Town as provided by law.
F.
Qualifications, training and continuing education. Code enforcement
personnel 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, pursuant to Executive Law § 376-a and any regulations
promulgated thereunder, including but not limited to 19 NYCRR Parts
434 and 1208. Inspectors shall complete and maintain a level of training
appropriate to their specific duties. An assistant and deputy whose
duties include only the inspection of existing buildings (i.e., fire
and property maintenance inspections only), shall be New York State
certified as a code compliance technician.
G.
Residency. The Code Enforcement Officer, Acting Code Enforcement Officer and inspectors shall comply with the residency requirements of § 69-2 of the Town of Union Vale Code. The Code Enforcement Officer, Acting Code Enforcement Officer and inspectors shall not be required to reside within the Town of Union Vale, but must be capable of timely response should an emergency requiring their services occur, as determined by the Town Board.
H.
The Code Enforcement Officer shall have the following powers and
duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy and operating permits, and the
plans, specifications and construction documents submitted with such
applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy and operating permits, and to include in building permits,
certificates of occupancy and operating permits such terms and conditions
as the Code Enforcement Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, and operating permits,
firesafety and property maintenance inspections, inspections incidental
to the investigation of complaints, and all other inspections required
or permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
To exercise all authority granted to a Town Building Inspector
by Town Law § 138 and other provisions of New York State
Law;
(11)
All duties and powers conferred on the title by all other chapters
of the Town of Union Vale Code;
(12)
To act as the head of the Building Department of the Town of
Union Vale;
(13)
To make proposals to the Town Board regarding operating budgets
for the Building Department;
(14)
To develop policies and procedures for the Building Department
and to advise the Town Board regarding building construction, building
safety, property maintenance, and zoning issues in the Town of Union
Vale;
(15)
To inspect Town buildings and property, wherever located, and
make reports to the Town Board about their condition whenever directed
by the Town Board;
(16)
In consultation with the Attorney to the Town of Union Vale,
to pursue such legal actions and proceedings as may be necessary to
enforce the Uniform Code, the Energy Code and this chapter, or to
abate or correct conditions not in compliance with the Uniform Code,
the Energy Code or this chapter; and
(17)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
I.
Prohibited conduct. No Code Enforcement Officer shall engage in any
activity inconsistent with his duties or with the interests of the
Town of Union Vale, nor shall he or she, during the term of his or
her employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building or in the
preparation of plans or specifications thereof within the Town of
Union Vale, except that this provision shall not prohibit any employee
from such activities in connection with the construction of a building
or structure owned by him or her.
A.
Except as otherwise provided in the Uniform Code, other state law,
other state regulation, or the Town of Union Vale Code, all buildings,
structures, and premises within the Town of Union Vale are subject
to the provisions this chapter.
B.
All buildings, structures and premises owned by the Town of Union
Vale, wherever located, are subject to the provisions of this chapter.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, no person shall construct, enlarge, alter, improve, remove, relocate or demolish any building, structure, or any portion of a building or structure, or install any solid-fuel-burning heating appliance, chimney or flue without first having obtained a building permit from the Code Enforcement Officer.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) without electric, heating or plumbing, which are used
for tool and storage sheds, playhouses or similar uses, provided the
gross floor area does not exceed 144 square feet (13.88 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(5)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(6)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(7)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8)
Installation of partitions or movable cases less than five feet nine
inches in height;
(9)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(10)
Installation of listed portable electrical, plumbing, heating,
ventilation or cooling equipment or appliances;
(11)
Replacement of any equipment provided the replacement does not
alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(12)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exempt work to comply with Uniform Code. Notwithstanding the exemption from obtaining a building permit for work in any category set forth in Subsection B of this section, all construction work performed in the Town of Union Vale shall conform to the requirements of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
The Tax Map number and the street address of the premises where the
work is to be performed;
(2)
The full name and address of the owner and the applicant, if different,
and if a corporate entity, the name and address of the responsible
officers.
(3)
A copy of the deed into the current owner of the property;
(4)
A brief description of the proposed work;
(5)
The estimated cost of the proposed work;
(6)
A statement of the proposed use(s) of all parts of the property as
well as a statement of the proposed uses or the proposed occupancy
classification(s) for any affected building or structure;
(7)
Evidence that all proposed water supply and wastewater systems shall
conform to the regulations of the New York State and Dutchess County
Departments of Health.
(8)
Copies of any driveway or work permits required for any work performed within a public right-of-way issued by the appropriate jurisdiction as required by Chapter 111 of the Town of Union Vale Code or the regulations of New York State or the County of Dutchess as applicable;
(9)
Copies of any other necessary permits, licenses, approvals or other
authorizations from any other agency having jurisdiction over the
work to be performed;
(10)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code; and
(11)
At least two sets of construction documents (drawings and/or
specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
E.
Building permits for new foundations. Where the proposed work involves the construction of a new foundation, a preliminary and an interim plot plan based on a recent survey certified by a licensed surveyor is required in addition to the application information required by Subsection D above.
(1)
Preliminary plot plan. The preliminary plot plan shall depict the
following:
(a)
The boundaries of the property;
(b)
The topography of the property with elevation contours at two-foot
intervals;
(c)
Lot line setback distances for any proposed structure, or addition;
(d)
Proposed elevations for the foundation slab (lowest floor) and
first floor;
(e)
Proposed grading and/or site disturbance;
(f)
Proposed methods of erosion and sediment control;
(g)
Proposed elevations for the wastewater system components;
(h)
Setback distance from any proposed structure or addition to
any wetland, stream or water body within 100 feet thereof;
(i)
Driveway location and setback from both property line(s) and
any wetland, stream or water body within 100 feet thereof;
(j)
Location of proposed septic and well, related separation distance,
and setback thereof from property line(s) and any wetland, stream
or water body within 100 feet thereof or such other distance as may
be set forth by the Dutchess County Health Department in its design
approval; and
(k)
Any other information concerning either existing or proposed
conditions identified as necessary for the particular project as determined
by the Code Enforcement Officer.
(2)
Interim plot plan. After the construction of the foundation, an interim
plot plan must be submitted to confirm that foundation has been constructed
in compliance with the proposed plot plan. The Code Enforcement Officer
must approve the interim plot plan before further construction can
proceed. The interim plot plan shall depict the following:
(a)
Foundation location and elevations;
(b)
Driveway location and grades;
(c)
Any deviations from the plot plan which was submitted as part
of the application for building permit and approved by the Building
Official in issuance of the building permit; and
(d)
Any other information concerning constructed conditions identified
as necessary by the Code Enforcement Officer.
F.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
G.
Demolition permits. Applications for a permit to demolish a building
or portion thereof, which was constructed prior to January 1, 1974,
shall be accompanied by a predemolition asbestos survey, as required
by New York State Department of Labor regulations.
H.
Waiver. The Code Enforcement Officer may waive the submission of
any plan, document or plat that is not necessary to comply with the
Uniform Code. The Code Enforcement Officer may not waive any filing
fee.
I.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code and the Town of Union Vale Code.
J.
Subjects not regulated by the Uniform Code. Where no applicable standards
or requirements are set forth in the Uniform Code, or are contained
within other laws, codes, regulations, ordinances or bylaws adopted
by the Town of Union Vale, compliance with applicable standards of
the National Fire Protection Association or other nationally recognized
firesafety standards shall be deemed as prima facie evidence of compliance
with the intent of the Uniform Code. Nothing herein shall derogate
from the authority of the Code Enforcement Officer to determine compliance
with codes or standards for those activities or installations within
the Code Enforcement Officer's jurisdiction or responsibility.
K.
Matters not provided for. Requirements that are essential for the
public safety of an existing or proposed activity, building or structure,
or for the safety of the occupants thereof, which are not specifically
provided for by the Uniform Code shall be determined by the Code Enforcement
Officer.
L.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
M.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer determines
that such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
N.
Duration of permit. Building permits shall become invalid unless
the authorized work is commenced within six months following the date
of issuance. Building permits shall expire 12 months after the date
of issuance. A building permit which has become invalid or which has
expired pursuant to this subsection may be renewed upon application
by the permit holder, payment of the applicable fee, and approval
of the application by the Code Enforcement Officer.
O.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all future work then proposed to be performed shall be in
compliance with all applicable provisions of the Uniform Code and
the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected made, where applicable:
(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.
C.
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.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
Service of stop-work orders. The Code Enforcement Officer 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 certified mail. The Code Enforcement
Officer 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 certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 105-16, Violations; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy required. A certificate of occupancy 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 sub-classification
of the Uniform Code 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.
B.
As-built Drawings. No certificate of occupancy shall be issued except
upon submission of a certified "as built" drawing showing compliance
with the approved interim plot plan and construction documents.
C.
Issuance of certificates of occupancy. The Code Enforcement Officer
shall issue a certificate of occupancy 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,
that 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 Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy. 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 Code Enforcement
Officer, at the expense of the applicant for the certificate of occupancy,
shall be provided to the Code Enforcement Officer prior to the issuance
of the certificate of occupancy:
D.
Contents of certificates of occupancy. A certificate of occupancy
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 is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy 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 Code Enforcement Officer issuing the certificate
of occupancy and the date of issuance.
E.
Escrow account for incomplete nonstructural improvements. A certificate
of occupancy for any structure or use may be issued only upon full
compliance with the provisions of this chapter and any other provisions
of the Town Code relating to property use.
(1)
Notwithstanding the foregoing, in the case of a one- or two-family
residential structure and/or accessory building, a certificate of
occupancy may be issued if the incomplete work is landscaping, ground
stabilization, lawn seeding or blacktop driveway apron and improvements
are non-safety-related.
(2)
For multifamily and nonresidential structures or site uses, a certificate
of occupancy may be issued if the only incomplete work is landscaping
and weather conditions do not permit the proper planting of vegetation.
All other items to be completed, including, but not limited to, paving,
curbing, sidewalks, lighting, grading, drainage or other improvements,
shall not be subject to escrow provisions. For the purposes of this
section, "landscaping" shall mean lawn seeding and installation of
plantings.
(3)
In those cases where a certificate of occupancy has been issued pursuant to Subsection E(1) and (2) above, the owner, or the owner's agent, shall establish an escrow account for the purposes of ensuring that the incomplete work will be completed in a timely fashion, and the issuance of the certificate of occupancy will be conditioned on all of the following:
(a)
The property owner, contractor or developer seeking the certificate
of occupancy must post a cash or certified check deposit with the
Town of Union Vale to be held in escrow, in an amount equal to 200%
of the cost required to complete the improvements necessary to obtain
the certificate of occupancy. As used in this subsection, the cost
required to complete the improvements shall be the amount as determined
by the Superintendent of Highways and/or the Engineer to the Town.
(b)
The escrow account may only be established between the dates
of December 1 through April 1. All work required to obtain the certificate
of occupancy must be completed by June 1.
(c)
The property owner, contractor or developer seeking the certificate
of occupancy must submit a written agreement between the property
owner, contractor or developer and the Town providing for such incomplete
work to be completed no later than June 1 following the issuance of
the certificate of occupancy. If the incomplete work is not completed
by June 1 or at such earlier date as may be specified by the Enforcement
Officer, the Enforcement Officer may direct any independent third-party
contractor to complete the work and authorize payment to the third-party
contractor from the escrow funds deposited to guarantee that said
work would be completed in a timely fashion. The owner of the property
and/or the contract vendee must give written consent to permit any
independent third-party contractor as well as the code enforcement
personnel to enter upon the property for the purposes of completing
the required work and undertaking the necessary inspections. The owner
and the contract vendee must further execute a written document releasing
the Town of Union Vale, or any of its code enforcement personnel or
other agents, from any claims or liability in connection with the
work to be performed by such independent third-party contractor.
(4)
If a certificate of occupancy has been issued pursuant to this section
and the required improvements are not completed within the time frames
described above, the property owner shall be liable to civil penalties
imposed pursuant to § 85-14.
F.
Revocation or suspension of erroneous certificates. If the Code Enforcement
Officer determines that a certificate of occupancy 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 Officer within such period of time as shall be
specified by the Code Enforcement Officer, the Code Enforcement Officer
shall revoke or suspend such certificate.
The chief of any fire department providing firefighting services
for a property within the Town of Union Vale shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel burning appliance, chimney or gas vent.
A.
All buildings or structures which are structurally unsafe or unsanitary
or are not provided with adequate egress or which constitute a fire
hazard or are otherwise dangerous to human life or which, in relation
to an existing use, constitute a hazard to safety or health by reason
of inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally for the purpose of this section, unsafe buildings.
All such unsafe buildings are hereby declared to be illegal and shall
be abated by repair and rehabilitation or by demolition in accordance
with the procedures of this section.
B.
The Code Enforcement Officer shall examine or cause to be examined
every building reported as unsafe or damaged and shall make a written
record of such examination.
C.
Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building, as defined in this section, he shall, in the same manner as provided for the service of a stop-work order in § 105-7, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require that the owner, within a stated time, either complete specified repairs or improvements or demolish and remove the building or structure or portion thereof.
D.
If the Code Enforcement Officer finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require that the building, structure or portion thereof
be vacated forthwith and not reoccupied until the specified repairs
and improvements are completed, inspected and approved by the Code
Enforcement Officer. The Code Enforcement Officer shall cause to be
posted at each entrance to such building a notice as follows: THIS
BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY
THE BUILDING DEPARTMENT. Such notice shall remain posted until the
required repairs are made or demolition is completed. It shall be
unlawful for any person, firm or corporation of their agents or other
servants to remove such notice without written permission of the Code
Enforcement Officer or for any person to enter the building, except
for the purpose of making the required repairs or for demolishing
the same.
E.
In case the owner, agent or person in control cannot be found within
the stated time limit or if such owner, agent or person in control
shall fail, neglect or refuse to comply with the notice to repair
or rehabilitate, the Town Board shall be advised of all the facts
in the case and shall institute an appropriate action in the courts
to compel compliance.
F.
In cases of emergency which, in the opinion of the Code Enforcement
Officer, involve imminent danger to human life or health, he shall
promptly cause such building or structure or portion thereof to be
made safe or removed. For this purpose, he may at once enter such
structure or land on which it stands or abutting land or structure
with such assistance and at such cost as may be necessary. He may
vacate adjacent structures and protect the public by appropriate barricades
or such other means as may be necessary and for this purpose may close
a public or private way.
G.
Costs incurred under Subsections E and F of this section shall be paid out of the Municipal Treasury on certificate of the Code Enforcement Officer. Such costs shall be charged to the owner of the premises involved and shall constitute a lien on the property and may be assessed, levied and collected in the same manner as property taxes.
A.
Operating permits required. Operating permits shall be required for
conducting the activities or using the categories of buildings listed
below:
(1)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
(2)
Hazardous processes and activities, including but not limited to,
commercial and industrial operations which produce combustible dust
as a byproduct, fruit and crop ripening, and waste handling;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing any assembly occupancies with an occupant load
of 50 persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board of the Town of Union Vale.
B.
Operating permits required before operation. Any person who proposes
to undertake any activity or to operate any type of building listed
in this subsection shall be required to obtain an operating permit
prior to commencing such activity or operation.
C.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
D.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
E.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits. Operating permits shall have a duration
of one year, except operating permits for pyrotechnic displays in
assembly occupancies shall be limited to 30 days.
G.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended
upon notice to the owner and/or occupant of the property.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain any assembly occupancies with an occupant load of 50
persons or more shall be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
(4)
Agricultural buildings used directly and solely for agricultural
purposes are not subject to firesafety inspection.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Code Enforcement Officer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer to be reliable,
giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist;
(4)
Provided, however, that nothing in this subsection shall be construed
as permitting an inspection under any circumstances under which a
court order or warrant permitting such inspection is required, unless
such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control (OFPC) and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property
maintenance inspections of such building or structure at least once
every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety and property
maintenance inspections of a building or structure occupied as a dormitory
if OFPC performs firesafety and property maintenance inspections of
such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Code Enforcement Officer shall review and investigate bona
fide complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other local law or regulation adopted for
administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the
following steps as the Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
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 § 105-16, violations; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The Code Enforcement Officer 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, 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;
(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.
A.
The Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 105-14 and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of Town of Union Vale on a form prescribed by
the Secretary of State, a report of the activities of Town of Union
Vale relative to administration and enforcement of the Uniform Code.
C.
The Code Enforcement Officer 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 Town of Union Vale
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of Town of Union
Vale in connection with administration and enforcement of the Uniform
Code.
A.
Compliance orders.
(1)
The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about
any building, structure, or premises in violation of the Uniform Code,
the Energy Code, or this chapter. Upon finding that any such condition
or activity exists, the Code Enforcement Officer shall issue a compliance
order. The compliance order shall:
(a)
Be in writing;
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter;
(d)
Specify the provision or provisions of the Uniform Code, the
Energy Code, or this chapter which is/are violated by the specified
condition or activity;
(e)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance;
(f)
Direct that compliance be achieved within the specified period
of time; and
(g)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time.
(2)
The Code Enforcement Officer shall cause the compliance order, or
a copy thereof, to be served on the owner of the affected property
personally or by certified mail. The Code Enforcement Officer shall
be permitted, but not required, to cause the compliance 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 being performed at the
affected property personally or by certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the compliance order.
B.
Enforcement under Criminal Procedure Law. A violation of any provision
of this chapter shall be deemed an offense under the Penal Law and
prosecution of said offense shall be in accordance with the Criminal
Procedure Law of the State of New York.
(1)
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets pursuant to Criminal Procedure
Law § 150.20 for any violation of this chapter or of Article
18 of the New York State Executive Law.
(2)
Penalty. A violation of any provision of this chapter shall be deemed
an offense punishable by:
(a)
A fine of not less than $100 and not more than $1,000 for a
first offense;
(b)
A fine of not less than $250 and not more than $2,500 for a
second offense committed within five years of a conviction under this
chapter;
(c)
A fine of not less than $1,000 and not more than $5,000 and
a period of imprisonment of not more than 15 days for a third and
any subsequent offense.
C.
Civil penalties. Every person violating any provision of this chapter
shall be subject to a civil penalty:
(1)
For the first offense: a civil penalty in a minimum amount of $100
and a maximum amount of $500;
(2)
For the second and subsequent offenses: a civil penalty in a minimum
amount of $500 and a maximum amount of $5,000; and
(3)
Each week's violation shall be deemed a separate violation.
(4)
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of Town of Union Vale in a court
of competent jurisdiction.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of Town of Union Vale 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
chapter, or any term or condition of any building permit, certificate
of occupancy, stop-work order, operating permit, compliance order,
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter. In particular, but not by way of
limitation, where the construction or use of a building or structure
is in violation of any provision of the Uniform Code, the Energy Code,
this chapter, or any stop-work order, compliance order or other order
obtained under the Uniform Code, the Energy Code or this chapter,
an action or proceeding may be commenced in the name of Town of Union
Vale 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 Town Board.
E.
Remedies not exclusive.
(1)
No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 § 105-7 Stop-work orders, in any other section of this chapter, 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 § 105-7 Stop-work orders, in any other section of this chapter, or in any other applicable law.
(2)
Action under NY Executive Law § 382. 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.
The fees payable under this chapter shall be governed by § 128-4 of the Code of the Town of Union Vale as it may be amended from time to time.
Appeals to Regional Board of Review. Where practical difficulties
or unnecessary hardship may result from enforcement of the strict
letter of any provision of the Uniform Code, applications for variances
may be made to the Regional Board of Review in accordance with Part
440 of Title 19 of the New York Code of Rules and Regulations. Whenever
it is claimed that the Code Enforcement Officer misconstrued the Uniform
Code in approving or disapproving any application or granting or refusing
to grant any permit or certificate of code compliance, the person
affected may appeal from the decision of the Code Enforcement Officer
to the Regional Board of Review in accordance with Part 440 of 19
NYCRR. Appeals from provisions of the Multiple Residence Law, in accordance
with § 325 of that law, may also be made to a Regional Board
of Review.
The Town Board may adopt a resolution to enter into an agreement
with other governments to carry out the terms of this chapter, provided
that such agreement does not violate any provision of the Uniform
Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any
other applicable law.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
The provisions of this chapter are intended to control with
respect to issues governed by the New York State Uniform Code. Whenever
the requirements of this chapter are inconsistent with the requirements
of any other lawfully adopted rules, regulations, ordinances or local
laws pertaining to the implementation of the Uniform Code and the
Energy Code by the Town of Union Vale, the provisions of this chapter
shall govern.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
