Town of Ithaca, NY Chapter 125 Building Construction and Fire Prevention

[HISTORY: Adopted by the Town Board of the Town of Ithaca 9-14-2020 by L.L. No. 4-2020[1]; amended in its entirety 12-28-2022 by L.L. No. 19-2022. Subsequent amendments noted where applicable.]

[1] This local law also repealed former Ch. 125, Building Construction and Fire Prevention, adopted 12-29-2006 by L.L. No. 15-2006, as amended.

§ 125-1 Scope.

This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Uniform Code"), the Energy Conservation Construction Code of New York State (hereinafter referred to as the "ECCCNYS"), and the Energy Code Supplement found at Chapter 144 of the Code of the Town of Ithaca (hereinafter referred to as the "ECS"), and shall establish powers, duties, and responsibilities in connection therewith.

§ 125-2 Administration.

A. Code Enforcement Officers are appointed by the Town Board. The Code Enforcement Officers are hereby designated to administer and enforce the Uniform Code, ECCCNYS, ECS, and this chapter within the Town of Ithaca.

B. The Town Board may also designate by resolution other individuals, entities, or inspectors to administer and enforce the Uniform Code, ECCCNYS, ECS, and this chapter who would act under the supervision and direction of the Code Enforcement Officer, assist the Code Enforcement Officer, and carry out all powers and duties of Code Enforcement Officers listed in this chapter, provided that such individuals, entities and inspectors shall not have the power to issue building permits, certificates, orders, and appearance tickets unless they are public officers. Any individuals, entities or inspectors designated by the Town Board to administer and enforce the Uniform Code, ECCCNYS, ECS and this chapter shall have background experience and qualifications comparable to those of an individual who has met the requirements of 19 NYCRR Part 434 (Minimum Standards for Code Enforcement Personnel in the State of New York), as amended, or any successor regulation, and the Code Enforcement Officer shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.

C. The Code Enforcement Officer and Town Board-appointed inspectors 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 inspectors.

D. The Code Enforcement Officer shall have the authority to approve qualified, additional inspectors that are not considered employees, such as but not limited to, third party inspectors and special inspectors, which assist the Code Enforcement Officer in fulfillment of their duties.

E. The compensation for the Code Enforcement Officer and Town Board-appointed inspectors shall be fixed from time to time by the Town Board.

§ 125-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ASSEMBLY AREA

An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering 50 or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes.

BUILDING PERMIT

A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term "building permit" shall also include a building permit which is renewed, amended, or extended pursuant to any provision of this chapter.

CERTIFICATE OF COMPLIANCE

A document issued by the Town stating that work was done in compliance with approved construction documents and the Codes.

CERTIFICATE OF OCCUPANCY

A document issued by the Town certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Town, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy.

CODE ENFORCEMENT OFFICER

The Town's Director of Code Enforcement and Zoning, and Town employees appointed by the Town Board as Code Enforcement Officers.

CODES

The Uniform Code, ECCCNYS, and ECS.

ECCCNYS

The Energy Conservation Construction Code of New York State.

ECS

The Energy Code Supplement found at Chapter 144 of the Code of the Town of Ithaca.

FCNYS

The Fire Code of New York State as incorporated by reference in 19 NYCRR Part 1225.

FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION

An inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference.

HAZARDOUS PRODUCTION MATERIALS

A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous.

MOBILE FOOD PREPARATION VEHICLES

Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.

OPERATING PERMIT

A permit issued pursuant to § 125-9. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.

ORDER TO REMEDY

An order issued by the Code Enforcement Officer pursuant to §§ 125-6 and 125-14.

PERMIT HOLDER

The person to whom a building permit has been issued.

PERSON

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.

PMCNYS

The Property Maintenance Code of New York State as incorporated by reference in 19 NYCRR Part 1226.

RCNYS

The Residential Code of New York State as incorporated by reference in 19 NYCRR Part 1220.

REPAIR

The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.

STOP-WORK ORDER

An order issued pursuant to § 125-7.

SUGARHOUSE

A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar.

TEMPORARY CERTIFICATE OF OCCUPANCY

A certificate issued pursuant to § 125-8.

TOWN

The Town of Ithaca.

TOWN BOARD

The Town Board of the Town of Ithaca,

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law.

§ 125-4 Rules and regulations.

A. The Town Board may adopt rules and regulations for the administration and enforcement of the Uniform Code, ECCCNYS, and ECS. Such rules and regulations shall not conflict with the Uniform Code, this chapter, or any other provision of law.

B. 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, certificates of compliance, temporary 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, certificates of compliance, temporary certificates of occupancy, and operating permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate building permits, certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits;

(3) To conduct construction inspections; inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates of occupancy, and operating permits; fire safety 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 pursuant to § 125-7;

(5) To review and investigate complaints pursuant to § 125-12;

(6) To issue orders pursuant to §§ 125-6 and 125-14;

(7) To maintain records pursuant to § 125-16;

(8) To collect fees as set from time to time by Town Board resolution;

(9) To pursue administrative enforcement actions and proceedings;

(10) In consultation with the Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the ECCCNYS, the ECS, this chapter, and Chapter 270, Zoning, of the Code of the Town of Ithaca, or to abate or correct conditions not in compliance with the Uniform Code, the ECCCNYS, the ECS, this chapter, or Chapter 270, Zoning, of the Code of the Town of Ithaca; and

(11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.

§ 125-5 Building permits.

A. No person, firm, corporation, association or other organization or entity shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Article XXIX, Signs, of Chapter 270, Zoning, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to the Uniform Code, ECCCNYS, or ECS, without having applied for and obtained a building permit from a Code Enforcement Officer. Notwithstanding the foregoing, no building permit shall be required for:

(1) Construction or installation of a one-story accessory building in an agricultural or residential district associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), provided that such building:

(a) Is used for a tool or storage shed, playhouse or other similar use;

(b) Costs less than $10,000;

(c) Is less than 12 feet in height and has a gross floor area that does not exceed 144 square feet;

(d) Does not involve the installation or extension of electrical, plumbing, or heating systems; and

(e) Does not include the installation of solid fuel-burning heating appliances and associated chimneys and flues.

(2) Construction of parking spaces for one- or two-family dwellings or multiple single- family dwellings (townhouses);

(3) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(4) 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) Installation of fences which are not part of an enclosure surrounding a swimming pool and which are not over six feet high above the natural grade;

(6) Construction of retaining walls, unless such walls support a surcharge, impound Class I, II or IIIA liquids as defined in the Uniform Code, or are over four feet high above the natural grade;

(7) Construction of temporary motion picture, television and theater stage sets and scenery;

(8) Installation of window awnings that do not extend further than four feet beyond the exterior face of the exterior wall, measured horizontally, and that are supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(9) Installation of partitions or movable cases less than five feet nine inches in height;

(10) Painting, wallpapering, tiling, carpeting, or other similar finish work;

(11) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(12) Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications;

(13) Installation of municipal water or sewer utility buildings, provided such building:

(a) Does not exceed 500 square feet; and

(b) Is used only for utility equipment related to municipal water and sewer; and

(14) 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;

(d) The removal from service of all or part of a fire-protection or fire- detection system for any period of time; and

(e) In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building.

B. An exemption from the requirement to obtain a permit shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the ECCCNYS, or the ECS and shall in no case relieve the property owner from compliance with other provisions of this chapter or of the Uniform Code, the ECCCNYS, the ECS, or any successor laws, ordinances, statutes or regulations.

C. 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.

(1) An application for a building permit 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 the requirements of the Uniform Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, and other applicable state and local laws, ordinances and regulations. All applications shall include the following information and documentation:

(a) A description of the location, nature, extent, and scope of the proposed work;

(b) The Tax Map number and the street address where the work is to be performed;

(c) The occupancy classification, as defined by the Uniform Code, of any affected building or structure;

(d) Where applicable, a statement of special inspections or certifications prepared in accordance with the provisions of the Uniform Code and/or ECS;

(e) The full name and address of the owner and applicant and, if either be a corporation, the names and addresses of responsible officers. If an agent is designated on behalf of the owner, written designation that the agent is permitted to apply for and act on behalf of the owner is to be provided from the owner. A contract indicating such agent shall also be deemed to satisfy this condition;

(f) The estimated cost of the proposed work with appropriate substantiation as may be required by the Code Enforcement Officer;

(g) The signature of the applicant or authorized agent;

(h) The building permit fee as set from time to time by Town Board resolution;

(i) A statement that the work shall be performed in compliance with Chapter 270, Zoning, the Uniform Code, the ECCCNYS, the ECS, this chapter, and other applicable state and local laws, ordinances, and regulations; and

(j) Such other materials, information, or items as may be reasonably required by the Code Enforcement Officer in order to determine whether the proposed work will be in compliance with all applicable laws, rules, and regulations, including Chapter 270, Zoning, the Uniform Code, the ECCCNYS, the ECS, and this chapter.

(k) At least two sets of construction documents (drawings and/or specifications) which:

[1] Describe, with sufficient clarity and detail, the location, nature, extent, and scope of the proposed work;

[2] Show that the proposed work will conform to the applicable provisions of the applicable Codes;

[3] Show the location, construction, size, and character of all portions of the means of egress;

[4] Show a representation of the building thermal envelope;

[5] Show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information;

[6] Show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building;

[7] Include a written statement indicating compliance with the ECCCNYS and the ECS;

[8] Include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations;

[9] Include evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional's seal which clearly and legibly shows both the design professional's name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional's registration expiration date, the design professional's firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's certificate of authorization number; and

[10] Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, the distances between the structures and the lot lines, and any other information required by Article XXIII of Chapter 270, Zoning, of the Code of the Town of Ithaca.

(2) Construction documents shall not be accepted as part of an application for a building permit unless such documents satisfy the requirements as identified in accordance with Subsection C(1)(k) of § 125-5;

(3) Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, and any other applicable laws, rules or regulations. Provisions shall be made for construction documents accepted as part of a permit application to be so marked in writing or by stamp, or in the case of electronic media, an electronic marking. One set of accepted construction documents shall be retained by the Town. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Officer. 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.

D. A permit will be issued when the Code Enforcement Officer determines the application is complete and the proposed work will conform to the requirements of the Uniform Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, and any other applicable laws, rules or regulations. The authority conferred by such permit may be limited by conditions, if any, contained therein. The permit shall require the applicant to notify the Code Enforcement Officer immediately of any changes in the information contained in the application during the period for which the permit is in effect, or of any changes occurring during construction.

E. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit, and with the accepted construction documents, and there shall be no deviations therefrom without the prior approval of the Code Enforcement Officer. Such approval may be withheld until sufficient information is provided to the Code Enforcement Officer in form and substance reasonably satisfactory to the Code Enforcement Officer to demonstrate that the proposed deviation is in compliance with the Uniform Code, the ECCCNYS, the ECS, Chapter 270, Zoning, this chapter, and all other applicable laws, rules and regulations. 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.

F. Building permits shall be required to be conspicuously displayed at the work site and to remain visible until the project has been completed.

G. A building permit, once issued, may be suspended or revoked if the Code Enforcement Officer or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Uniform Code, with the ECCCNYS, with the ECS, with this chapter, with Chapter 270, Zoning, with any other law, rule, regulation or ordinance, with any condition attached to such permit, or if information submitted in connection with the application for the permit was incorrect, inaccurate or incomplete. Such suspension or revocation shall be in effect until such time as the permit holder demonstrates to the Code Enforcement Officer's satisfaction that all work completed and all work proposed shall be in compliance with these items and requirements, and in the case of a revoked permit, the holder of the revoked building permit applies for and receives a new or amended building permit.

H. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy or certificate of compliance (other than a temporary certificate of occupancy or certificate of compliance), whichever occurs first. Permits that are soon expiring and permits that have been expired for less than 31 days may, upon written request, be renewed for successive one-year periods, provided that the permit has not been revoked or suspended at the time the application for renewal is made; the relevant information in the application is up-to-date; a complete application for renewal is submitted no more than 30 days after any expiration; and a renewal fee is paid as set from time to time by Town Board resolution. At the option of the Code Enforcement Officer, where the work disclosed by the application may reasonably be expected to take longer than one year, the Code Enforcement Officer may issue an initial building permit for a term of greater than one year, but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application; and an application fee, as set from time to time by Town Board resolution, shall be paid for such permits. A building permit may not be valid for a period of more than five years, including extensions.

I. Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be issued in the discretion of the Code Enforcement Officer under the following circumstances and subject to the following limitations:

(1) The circumstances under which foundation permits may be issued are as follows:

(a) There has been supplied to the Code Enforcement Officer plans which, in the Code Enforcement Officer's judgment, are adequate for the Code Enforcement Officer to evaluate and review the proposed construction of the foundation.

(b) The applicant provides information satisfactory to the Code Enforcement Officer, such as an engineer's or architect's certification, that the foundation will be adequate to carry the load of the proposed permanent structure.

(c) The need for the foundation permit is established to the satisfaction of the Code Enforcement Officer (e.g., onset of adverse weather conditions, immediate availability of masons, proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building).

(2) Issuance of a foundation permit is wholly discretionary with the Code Enforcement Officer and the applicant shall have no right to the issuance of same.

(3) In addition to the conditions on such permits imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such permits as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued.

(4) The issuance of any foundation permit by the Code Enforcement Officer may be revoked by the Town Board if, in its discretion, the Town Board determines the issuance of the foundation permit was inappropriate.

(5) Issuance of a foundation permit does not relieve the applicant from fulfilling any and all requirements for the issuance of a full building permit for the proposed construction.

(6) Issuance of a foundation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure.

(7) Foundation permits may be revoked at any time by the Code Enforcement Officer if the Code Enforcement Officer in their discretion:

(a) Determines that the foundation will not be adequate to support the balance of the structure;

(b) Determines the applicant is not taking proper precautions to prevent endangering life, health, property, or the public welfare in the course of constructing the foundation;

(c) Determines, in their judgment, that the applicant is not proceeding diligently and properly to provide complete and adequate plans for the issuance of a full building permit;

(d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable;

(e) Determines the existence of any other circumstance which reasonably requires the revocation of the permit.

(8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires. However, the Code Enforcement Officer may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit.

(9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition it was prior to the commencement of any excavation and construction.

(10) The fee for the issuance of a foundation permit shall be set, from time to time, by Town Board resolution.

§ 125-6 Construction inspections.

A. Permitted work shall be required to remain accessible and exposed until inspected and accepted by the Code Enforcement Officer. Permit holders shall be required to notify the Code Enforcement Officer a minimum of 24 hours in advance of when construction work is ready for inspection. Inspections can be scheduled in less than 24 hours where approved by the Code Enforcement Officer.

(1) At the discretion of the Code Enforcement Officer or inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Code Enforcement Officer or such authorized inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code, ECCCNYS, and ECS. Should a remote inspection not afford the Code Enforcement Officer or such authorized inspector sufficient information to make a determination, an in-person inspection shall be performed.

B. Provisions shall be made for, but not limited to, inspection of the following elements of the construction process, where applicable:

(1) Work site prior to the issuance of a permit;

(2) Footing and foundation;

(3) Preparation for concrete slab;

(4) Framing;

(5) Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building, 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) Inspections required to demonstrate ECCCNYS and ECS compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls;

(10) Installation, connection, and assembly of factory manufactured buildings and manufactured homes; and

(11) A final inspection after all work authorized by the building permit has been completed.

C. 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, the ECCCNYS, or the ECS. Construction work not in compliance with Uniform Code, ECCCNYS, or ECS provisions shall be required to remain exposed until it has been brought into compliance with the Uniform Code, the ECCCNYS, and the ECS, been reinspected, and been found satisfactory as completed.

D. To facilitate such inspection and to ensure compliance with appropriate Zoning, Uniform Code, ECCCNYS, and ECS requirements, the Code Enforcement Officer may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following items:

(1) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure;

(2) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Code Enforcement Officer may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations;

(3) Certificates from appropriate electrical inspection persons or agencies, as determined by the Town, certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations;

(4) As-built construction documents to provide sufficient clarity to identify any changes that have occurred with the project to show compliance with the permit/application as approved and compliance with the Uniform Code, the ECCCNYS, the ECS, and applicable Zoning.

E. The Code Enforcement Officer or other person designated by the Town Board pursuant to § 125-2 shall have the power 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 ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied and serve such order, all as set forth in § 125-14. If such condition or activity is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Code Enforcement Officer or other person lawfully designated by the Town Board may revoke the building permit for such construction and no further construction shall occur until a new permit has been issued as specified in § 125-5G. The Code Enforcement Officer or other person lawfully designated by the Town Board shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of their position at or authorization from the Town. Interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter.

§ 125-7 Stop-work orders.

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, the ECCCNYS, the ECS, Chapter 270, Zoning, this chapter, or any other applicable law, rule or regulation, 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.

B. Content of stop-work orders. Stop-work orders shall:

(1) Be in writing;

(2) Be dated and signed by the Code Enforcement Officer;

(3) State the reason or reasons for issuance;

(4) If applicable, state the conditions which must be satisfied before work will be permitted to resume.

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 building permit holder, on the building 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 building 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 § 125-15 or other sections 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.

§ 125-8 Certificates of occupancy and certificates of compliance.

A. A certificate of occupancy or certificate of compliance shall be required for all work for which a building permit is required to be issued under this chapter, any other Code provision, local law, ordinance, rule or regulation of the Town of Ithaca, or the Uniform Code, the ECCCNYS, the ECS, or any successor statute or regulation. Further, a certificate of occupancy or certificate of compliance shall be required for all buildings, structures, or portions thereof, which are converted from one general use or occupancy classification or subclassification, as defined by the Uniform Code, to another. The following requirements shall also apply:

(1) Except as set forth below in Subsection B, a building or structure for which a building permit is required to be issued shall not be used or occupied in whole or in part until the certificate of occupancy or certificate of compliance shall have been issued by the Code Enforcement Officer or such other person lawfully designated by the Town of Ithaca. The Code Enforcement Officer or designee shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, a written statement of structural observations and/or a final report of special inspections, certifications, flood hazard certifications, and where applicable the affixation of the appropriate seals, insignias, and manufacturer's data plates as required for factory manufactured buildings and/or manufactured homes, prepared at the expense of the applicant in accordance with the provisions of the Uniform Code, the ECCCNYS, and/or the ECS by such person or persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer, must be received by the Code Enforcement Officer prior to the issuance of the certificate. Such certificate of occupancy or certificate of compliance shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the Uniform Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, and other applicable laws, rules and regulations.

(2) A certificate of occupancy or certificate of compliance shall contain the following information:

(a) The building permit number, if any;

(b) The date of issuance of the permit, if any;

(c) The name, address and Tax Map number of the property;

(d) If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued;

(e) The use and occupancy classification of the structure;

(f) The type of construction of the structure;

(g) The assembly occupant load of the structure, if any;

(h) Any special conditions imposed in connection with the issuance of the building permit; and

(i) The signature of the official issuing the certificate and the date of issuance.

(3) The fees for certificates of occupancy and certificates of compliance are set from time to time by Town Board resolution. The applicable fee shall be paid before a certificate of occupancy or certificate of compliance is issued.

B. Upon written request, the Code Enforcement Officer may issue a temporary certificate of occupancy or certificate of compliance for a building or structure, or part thereof, pending completion of the work and before the entire work covered by a building permit has been completed, only if (1) the structure or portions thereof may be occupied safely, (2) fire and life safety components, such as fire-protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, (3) all required means of egress from the structure have been provided, and (4) the conditions set forth below are met.

(1) Before issuing a temporary certificate of occupancy or certificate of compliance, the Code Enforcement Officer must find:

(a) The portion or portions of the work for which the certificate is sought may be used or occupied temporarily without endangering life, property or the public welfare; and

(b) Practical difficulties exist in completing the building, structure or site improvements to the point where the building, structure or site improvements would qualify for a permanent certificate of occupancy or certificate of compliance because of:

[1] Construction delays resulting from:

[a] Unfavorable and unusually difficult weather conditions; or

[b] Inability to timely obtain materials; or

[c] Other conditions found by the Code Enforcement Officer to warrant early occupancy.

[2] The need to occupy the premises before a building qualifies for a permanent certificate of occupancy or certificate of compliance is related to the normal seasonal occupancy dates (e.g., late August when the community has the normal influx of university-related residents); or

[3] Any other reason found by the Code Enforcement Officer to be appropriate for the issuance of such temporary certificate.

(2) The granting of a temporary certificate of occupancy or certificate of compliance is solely within the discretion of the Code Enforcement Officer and no applicant shall have a right to same.

(3) In addition to the conditions on such certificates imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such certificates as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the building or structure being partially occupied. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the building or structure for which a temporary certificate of occupancy or certificate of compliance is sought will be fully completed and qualify for a permanent certificate of occupancy or certificate of compliance for the entire building within a stated period of time, or will be vacated if no such certificate is obtained within such period of time, such security to be available to the Town to enable the Town to bring an action to enjoin continued occupancy in the absence of a permanent certificate and to take such other steps as may be reasonably necessary or appropriate to protect the public health and welfare.

(4) If the Town Board, in its discretion, deems the granting of the temporary certificate of occupancy or certificate of compliance inappropriate, the Town Board may overrule the Code Enforcement Officer, in which event the temporary certificate shall terminate 30 days after its issuance or 15 days after the decision overruling the Code Enforcement Officer, whichever is later.

(5) The issuance of a temporary certificate of occupancy or certificate of compliance does not relieve the applicant from fulfilling any and all requirements not yet completed at the date of the issuance of the temporary certificate of occupancy or certificate of compliance.

(6) Issuance of a temporary certificate of occupancy or certificate of compliance is not to be construed as a determination that a final certificate of occupancy or certificate of compliance will be automatically issued.

(7) In addition to the Town Board's privilege of revoking the temporary certificate of occupancy or certificate of compliance, it may also be revoked by the Code Enforcement Officer at any time under one or more of the following circumstances:

(a) The Code Enforcement Officer becomes aware of a condition which presently endangers, or in the future may endanger, life, health, property, or the public welfare, including the health or welfare of any persons in or around the premises subject to the temporary certificate.

(b) The Code Enforcement Officer determines in their judgment that the applicant is not proceeding diligently and properly to complete whatever work remains in order to obtain a permanent certificate of occupancy or certificate of compliance.

(c) The Code Enforcement Officer becomes aware of information not previously submitted or available that makes issuance of a temporary certificate of occupancy or certificate of compliance reasonably inappropriate or inadvisable.

(d) The Code Enforcement Officer determines the existence of any other circumstance which reasonably requires the revocation of the certificate.

(8) The temporary certificate of occupancy or certificate of compliance shall be issued for such period as the Code Enforcement Officer may elect, but not in any event to exceed six months, except as provided below. However, the Code Enforcement Officer may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate.

(9) Discretionary actions.

(a) Notwithstanding the foregoing provisions of Subsection B(8) above, however, the Town Board may, after public hearing on at least five days' notice upon the application of the property owner, authorize the Code Enforcement Officer:

[1] To issue a temporary certificate of occupancy or certificate of compliance for a period greater than six months if the Board finds:

[a] It is likely the conditions which require the issuance of a temporary certificate of occupancy or certificate of compliance will extend for a period in excess of six months; and

[b] Denial of an extended period for the certificate would create a significant hardship to the applicant; and

[c] It is reasonably anticipated that the applicant can complete the project and obtain a permanent certificate no later than the expiration date of the extended period; and

[d] The life of the temporary certificate, including any extended period, is not greater than three years; and

[e] All other conditions for the issuance of a temporary certificate of occupancy or certificate of compliance set forth in this § 125-8B have been met.

[2] To reduce or waive the fee charged for a temporary certificate of occupancy or certificate of compliance if the Board finds:

[a] The fee for the original building permit was sufficiently large to cover the costs to the Town, including Code Enforcement Officer inspection time and review time, of processing, reviewing and overseeing the issuance and implementation of the original building permit, the final certificate of occupancy or certificate of compliance, and any temporary occupancy certificates, including the one for which a reduction in fee is requested; and

[b] The payment of the fee as normally determined hereunder would be a significant financial hardship to the applicant; and

[c] The need for the temporary certificate of occupancy or certificate of compliance was not created by the lack of diligence of the applicant in prosecuting the work of the project to completion; and

[d] The reduction in fee is the minimum necessary to alleviate the hardship to the applicant and still cover the costs to the Town referred to above; and

[e] All other conditions for the issuance of a temporary certificate of occupancy or certificate of compliance set forth in this § 125-8B have been met.

(b) The Town Board, in granting an application for a longer temporary certificate of occupancy or certificate of compliance or a reduction in fee may impose such reasonable conditions as it deems appropriate under the circumstances pertaining.

(10) A temporary certificate of occupancy or certificate of compliance can also be granted by the Code Enforcement Officer in those circumstances not involving new construction where a violation of Chapter 270, Zoning, or other rule or regulation becomes apparent to the Code Enforcement Officer, the owner or other person in possession is taking action (either by construction or by application for an appropriate variance) to correct the violation, and the issuance of the temporary certificate of occupancy or certificate of compliance will not endanger life, health, property, or the public welfare. The issuance of a temporary certificate of occupancy or certificate of compliance under these circumstances and the right to revoke same are governed by the same provisions relating to the issuance of a temporary certificate of occupancy or certificate of compliance based upon construction pursuant to a building permit.

(11) The fee for the issuance of a temporary certificate of occupancy or certificate of compliance shall be as set from time to time by Town Board resolution. A fee for extension of a temporary certificate of occupancy or certificate of compliance shall be calculated in accordance with Subsection B(8) above.

C. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy or certificate of compliance 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.

§ 125-9 Operating permits.

A. No person, firm, corporation, association, or other organization or entity shall conduct the activities or use or occupy any of the facilities listed below unless the owner or authorized agent of the owner has applied for and has, after inspection as set forth in Subsection C of this section and § 125-10 below, obtained an operating permit:

(1) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS.

(2) Buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows:

(a) Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;

(b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS;

(c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;

(d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;

(e) Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane Structures." Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS;

(f) Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;

(g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;

(h) Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;

(i) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;

(j) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by New York Penal Law § 270;

(k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces;

(l) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and

(m) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food preparation vehicle, as defined by the FCNYS. All operations must be in accordance with the requirements of Ithaca Town Code Chapter 202, Food Trucks.

(3) Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS.

(4) Outdoor events where the planned attendance exceeds 1,000 persons.

(5) Parking garages as defined in § 125-13A.

(6) Multiple residences/multifamily dwellings involving buildings or properties containing three or more dwelling units.

(7) Health care facilities where more than 10 people normally sleep nightly, including hospitals, nursing homes, infirmaries, and sanitariums.

(8) Child and adult day-care centers and facilities as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca.

(9) Dormitories providing accommodations for sleeping for hire for more than four people.

(10) Motels or hotels providing sleeping accommodations for hire for more than four people.

(11) Buildings containing one or more areas of public assembly with an occupant load of 50 persons or more.

(12) All residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270 (Zoning), § 270-219.6B(2). Notwithstanding any provision to the contrary in this § 125-9, the occupancy of such units prior to an owner obtaining required operating permits shall be governed by the applicable provisions of Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), and § 270-219.6B(2).

(13) All short-term rental uses that are required to have operating permits per Town of Ithaca Code Chapter 270 (Zoning), § 270-219.7E. Notwithstanding any provision to the contrary in this § 125-9, the use or offer of such units for short-term rental use prior to an owner obtaining required operating permits shall be governed by the applicable provisions of § 270-219.7E.

(14) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer.

B. Any individual or entity who proposes to undertake the types of activities or operate the types of facilities listed in Subsection A of this section shall be required to obtain an operating permit from the Town prior to commencing such operation. An application for an operating permit shall be made for each building. An application for an operating permit shall be on a Town-provided form and shall contain sufficient information to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports that the Code Enforcement Officer determines are necessary to verify conformance shall be required at the expense of the applicant and shall be conducted by such persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer.

C. The Code Enforcement Officer or designee authorized by the Code Enforcement Officer shall inspect the subject premises, if applicable, prior to the issuance of an operating permit.

D. 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 their discretion, issue a single operating permit to apply to all such activities.

E. Operating permits shall be valid for the following durations, as applicable, unless earlier revoked or suspended:

(1) Valid for a period of five years, in the case of an operating permit issued for all residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270 (Zoning), § 270-219.6B(2);

(2) Valid for a period not to exceed 180 days for tents, temporary special event structures, and other membrane structures.

(3) Valid for a period not to exceed 60 days for alternative activities (as identified in the Uniform Code) at a sugarhouse.

(4) Valid for a period of three years, in the case of an operating permit issued for all short-term rental uses that are required to have operating permits per Town of Ithaca Code § 270-219.7E, and motels or hotels providing sleeping accommodations for hire for more than four people.

(5) Valid for a period of one year in any other case.

F. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, approval of such application by the Code Enforcement Officer, and, if applicable, an on-site inspection conducted in accordance with § 125-10.

G. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in §§ 125-9A(1) through (9), provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 125-10 (Fire safety and property maintenance inspections), and condition assessments are performed in compliance with § 125-13 (Condition assessments of parking garages), as applicable.

H. The operating permit shall be displayed on the property or premises covered by the operating permit.

I. Revocation of operating permits. Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, if information submitted in connection with the permit application or with a condition of the permit was incorrect, inaccurate, or incomplete, where activities do not comply with applicable provisions of the Uniform Code, or where there is a violation of applicable law under which the operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit.

J. Transfer of title. An application for a new operating permit shall be required within 60 days after the transfer of title to the premises. Provided the application for a new operating permit is timely, a property shall not be subject to an operating permit inspection if it has passed inspection within one year before the application date.

K. The fee as set by Town Board resolution must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 125-10 Fire safety and property maintenance inspections.

A. Fire safety 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) At least once every 12 months (one year) in buildings which contain areas of public assembly,

(2) At least once every 12 months (one year) for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities;

(3) At least once every 36 months (three years) for multiple dwellings, all nonresidential occupancies, and in all short-term rental uses that are required to have operating permits; and

(4) At least once every 60 months (five years) for all other residential rental dwelling units and accessory dwelling units that require an operating permit.

(5) Upon completion of the inspection, if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-9, upon payment of the applicable fees for the inspection and the permit. Inspections for all residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270 (Zoning), § 270-219.6B(2), shall be conducted pursuant to the applicable procedures in Chapter 207, Article I, or § 270-219.6B(2). Inspections of all short-term rental uses that are required to have operating permits per Town of Ithaca Code § 270-219.7E shall be conducted pursuant to the applicable procedures in § 270-219.7E.

B. Such inspections may be made at any reasonable time. Upon completion of the inspection, if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-9, upon payment of the applicable fees for the inspection and the permit application.

(1) At the discretion of the Code Enforcement Officer or inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Code Enforcement Officer or such authorized inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized inspector sufficient information to make a determination, an in-person inspection shall be performed.

C. An inspection of a building or dwelling unit may be performed at any other time upon a request of the owner or authorized agent; receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code, the ECCCNYS, or the ECS exist; or receipt of reasonable and reliable information that a violation of the Uniform Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, or other law, rule or regulation exists. Such written allegation or request shall be provided to the Code Enforcement Officer on a form, as provided by the Town of Ithaca Code Enforcement Department.

D. If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer or their designee may apply to any court of competent jurisdiction for a warrant to make an inspection and upon receipt of same shall have the right to make such inspections as are set forth above in this chapter.

E. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of any federal, state or local agency. No inspection by any federal, state or local agency shall supersede, limit or impair the powers, duties and responsibilities of the Town. The Code Enforcement Officer may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to §§ 807-a and 807-b of the New York Education Law and/or § 156-e of the New York Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Code Enforcement Officer or by an authorized inspector, provided that:

(1) The Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);

(2) The Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;

(3) Such inspections are performed no less frequently than once a year;

(4) A true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and

(5) Upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by § 125-14, Violations.

F. The fee, as set by Town Board resolution, must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 125-11 Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within the Town shall notify the Code Enforcement Officer by the next business day of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 125-12 Complaints.

A. The Code Enforcement Officer shall review and investigate written complaints which allege or assert the existence of conditions or activities that fail to comply with this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, the Uniform Code, the ECCCNYS, the ECS, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code, the ECCCNYS, or the ECS. Such written allegation shall be provided to the Code Enforcement Officer on a form, as provided by the Town Department of Code Enforcement and Zoning.

B. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:

(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 or entity who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding as described in § 125-14, Violations, and § 125-15, Penalties for offenses.

(3) If appropriate, 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.

§ 125-13 Condition assessments of parking garages.

A. Definitions. For the purposes of this section:

(1) The term "condition assessment" means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure.

(2) The term "deterioration" means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component.

(3) The term "parking garage" means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:

(a) Buildings in which the only level used for parking or storage of motor vehicles is on grade;

(b) An attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and

(c) A townhouse unit with attached parking exclusively for such unit.

(4) The term "professional engineer" means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations.

(5) The term "responsible professional engineer" means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.

(6) The term "unsafe condition" includes the conditions identified as "unsafe" in Section 304.1.1, Section 305.1.1, and Section 306.1.1 of the New York State Property Maintenance Code (a publication incorporated by reference in 19 NYCRR Part 1226), or successor editions.

(7) The term "unsafe structure" means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.

B. Condition assessments - general requirements. The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared and provided to the Town in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.

C. Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:

(1) New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure;

(2) Existing parking garages shall undergo an initial condition assessment as follows:

(a) If originally constructed prior to January 1, 1984, then prior to October 1, 2019;

(b) If originally constructed between January 1, 1984, and December 31, 2002, then prior to October 1, 2020; and

(c) If originally constructed between January 1, 2003, and the effective date of the rule adding this provision to 19 NYCRR § 1203.3, then prior to October 1, 2021.

D. Periodic condition assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three years.

E. Additional condition assessments.

(1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the Town shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.

(2) If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection D of this section, the Town shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate.

F. Condition assessment reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town within 30 days of the inspection that forms the basis for the report. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:

(1) An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;

(2) An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;

(3) An evaluation and description of the unsafe conditions;

(4) An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;

(5) An evaluation and description of the corrective options available, including the recommended time frame for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;

(6) An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;

(7) The responsible professional engineer's recommendation regarding preventative maintenance;

(8) Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that they reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and

(9) The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment.

G. Review of condition assessment reports. The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by order to remedy or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.

H. The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with a written statement attesting to the fact that they have been so engaged, the Town shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.

I. This section shall not limit or impair the right or the obligation of the Town:

(1) To perform such construction inspections as are required by § 125-6;

(2) To perform such periodic fire safety and property maintenance inspections as are required by § 125-10; and/or

(3) To take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.

§ 125-14 Violations.

A. A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code, the ECCCNYS, the ECS, or this chapter shall comply with all provisions of the Uniform Code, the ECCCNYS, the ECS, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith.

B. Whenever the Code Enforcement Officer finds that there has been a violation of the Uniform Code, the ECCCNYS, the ECS, this chapter, or any rule or regulation issued in connection therewith, 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 ECCCNYS, the ECS, this chapter, or any rule or regulation issued in connection therewith.

C. An order to remedy shall be in writing; identify the property or premises; specify the condition or activity that violates the Uniform Code, the ECCCNYS, the ECS, this chapter, or any rule or regulation issued in connection therewith; shall specify the provisions of the Uniform Code, the ECCCNYS, the ECS, or this chapter or any rule or regulation issued in connection therewith which are violated by the specified condition or activity; shall include a statement that the violations must be corrected within 30 days after the date of the order to remedy; may direct the person served with the order to begin to remedy the violation(s) immediately or within some other stated period of time that can be less than 30 days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time.

D. The order to remedy, or a copy thereof, may be served within five days after the date of the order to remedy by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. The Code Enforcement Officer shall be permitted, but not required, to cause the order to remedy, 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 registered mail or certified mail within five days after the date of the order to remedy; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the order to remedy.

E. In case the owner, lessor, occupant, operator, or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the order to remedy, a request to take appropriate legal action shall be made to the Attorney for the Town of Ithaca.

§ 125-15 Penalties for offenses.

A. Any person who violates any provision of the Uniform Code, the ECCCNYS, the ECS, this chapter, any rule or regulation issued in compliance therewith, any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter shall be liable for a fine of not less than $200, or imprisonment as prescribed by law, or both (except imprisonment shall not be imposed for ECS violations), and each day such violation continues shall constitute a separate violation. The Code Enforcement Officer is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca.

B. Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the ECCCNYS, the ECS, this chapter, any rule or regulation issued in compliance therewith, any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca.

C. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the ECCCNYS, the ECS, this chapter, or any rule or regulation issued in connection therewith, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, or, in the case of a dangerous or unsafe building, structure, or equipment, to obtain an order to vacate the occupancy, building or structure and/or to secure, repair or remove a building, structure, or equipment. Such remedy shall be in addition to penalties, fines and other remedies otherwise prescribed by law.

D. Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the exclusive remedy, fine or penalty available to address any violation described in this section, and each remedy, fine or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies, fines or penalties specified in this section, in § 125-7 (Stop-work orders), in any other section of this chapter, or in any other applicable law. Any remedy, fine 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, fine or penalty specified in this section, in § 125-7 (Stop-work orders), in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy, fine 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 Section 382 of the Executive Law, and any remedy, fine 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 Section 382 of the Executive Law.

§ 125-16 Records and reporting.

A. The Town Building and Zoning Department and Town Clerk shall keep official records, in compliance with the applicable record-retention requirements of the New York State Archives and Records Administration, of the following:

(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 condition assessment reports received;

(9) All other features and activities specified in or contemplated by §§ 125-4 through 125-20, inclusive, of this chapter; and

(10) 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.

C. The Code Enforcement Officer shall, after monies have been provided to this Town (annually) pursuant to Article 4-A the New York State Finance Law, annually submit to the Secretary of State, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code.

D. The Town Clerk shall, upon written request on a form prescribed by the Town Clerk, provide to the New York State Department of State, in accordance with and to the extent required by the New York State Freedom of Information Law, the following: true and complete copies of the records and related materials the Town is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code, the ECCCNYS, and/or the ECS as may be requested by the Department of State.

§ 125-17 Dangerous or unsafe buildings, structures, and equipment.

Dangerous or unsafe buildings, structures, and equipment in the Town of Ithaca shall be identified and addressed in accordance with the following procedures:

A. Inspection by Code Enforcement Officer; report. When in the opinion of the Code Enforcement Officer, any building, structure, or equipment located in the Town shall be deemed to be dangerous or unsafe to the public because:

(1) Its structural condition is or may become dangerous or unsafe to the public; or

(2) It is open at the doorways or windows or walls, making it accessible to and an object of attraction to minors under 18 years of age, as well as to other trespassers; or

(3) It is or may become a place of infestation by rodents or other animals; or

(4) It consists of debris, rubble or parts of buildings left on the ground after demolition, reconstruction, fire or other casualty; or

(5) It presents any other danger to the health, safety, and general welfare of the public, the Code Enforcement Officer shall make a formal inspection thereof and report in writing to the Town Board the Code Enforcement Officer's findings and recommendations in regard to the building's, structure's, or equipment's removal or repair, and whether the building, structure, or equipment needs to be made safe and secure.

B. Town Board order, do not occupy determination, and service of notice. The Town Board shall thereafter consider the report and, if it finds from the report that there are grounds to believe that such building, structure, or equipment is dangerous or unsafe to the public, the Town Board, by resolution, shall order its removal or repair, if the same can be safely repaired, and where warranted shall order that the building, structure, or equipment be made safe and secure. The Town Board shall further order that a notice of the order and of the related upcoming hearing shall be served upon the persons and in the manner provided herein. Where conditions warrant, the Code Enforcement Officer may also make a determination that the building or structure should be posted with a "do not occupy" notice that requires the occupants to vacate the premises, and (where applicable) that the building, structure and equipment should be posted with an unsafe equipment notice. Notice of the Town Board's order, and of any determination by the Code Enforcement Officer that the building or structure and (where applicable) equipment should be posted, shall be served on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, either personally or by registered mail addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register. If such service is made by registered mail, the Code Enforcement Officer shall also post a copy of such notice on the premises.

C. Contents of notice. Said notice shall contain the following information:

(1) A description of the premises.

(2) A statement of the particulars in which the building, structure, or equipment is unsafe or dangerous.

(3) The Town Board's order requiring the same to be made safe and secure and/or repaired or removed.

(4) A statement that the securing and/or repair or removal of the said building, structure, or equipment shall commence and be completed within the time frame specified in the order.

(5) A statement that a hearing will be held before the Town Board at a time and place specified in the notice, at which hearing the owner and such persons having an interest in the property or structure may contest the order, and that in the event such owner or persons having an interest shall fail to contest successfully such order or fail or refuse to comply with same or with any amended order that the Town Board may issue after the hearing, the Town Board will order the securing and/or repair or removal of such building, structure, or equipment by the Town.

(6) A statement that if the Town shall secure, repair and/or remove said building, structure, or equipment, the land on which said buildings, structures, or equipment are located will be assessed for all costs and expense incurred by the Town in connection with the proceedings to secure, repair and/or remove, including the cost of actually securing, removing and/or repairing said building, structure, or equipment; or, in the alternative, that the Town Board shall commence a special proceeding in a court of competent jurisdiction to collect the costs to secure, repair and/or remove, including reasonable and necessary legal expenses incidental to obtaining such an order.

(7) If the Code Enforcement Officer has determined that the building, structure, or equipment should be posted, the notice shall also include the following: notice of the Code Enforcement Officer's intention to put a "do not occupy" notice on the building or structure and (where applicable) an unsafe equipment notice on the building or structure and equipment; the Code Enforcement Officer's reasons for determining the building, structure, or equipment should be posted (including citations to the specific Uniform Code sections that the Code Enforcement Officer claims to be violated); a statement that the owner and such persons having an interest in the property or structure may contest the Code Enforcement Officer's posting determination at the hearing, and that in the event such owner or persons having an interest shall fail to contest successfully such determination, the Code Enforcement Officer may post the building or structure with a "do not occupy" notice and (where applicable) the Code Enforcement Officer may post the building or structure and equipment with an unsafe equipment notice.

D. Copy to be filed with County Clerk. A copy of such notice shall be filed in the office of the Tompkins County Clerk, which notice shall be filed by such Clerk in the same manner as a notice of pendency, pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise herein provided. 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 the order of a judge or justice of a court of record upon the consent of the Town's Attorney. The County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.

E. Hearing. At the time and date specified in the notice to secure and/or repair or remove, the Town Board shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties that make reasonable attempts to participate are heard. At the conclusion of the hearing, the Town Board shall determine to revoke the order to secure and/or repair or remove; or continue or amend said order and direct the owner and other persons to complete the work within a specified time which shall be reasonable as to the time needed to perform the work and the necessity to protect the general public. If the Code Enforcement Officer has determined that the building, structure, or equipment should be posted, at the conclusion of the hearing the Town Board shall also determine whether the Code Enforcement Officer should post the building or structure with a "do not occupy" notice and (where applicable) whether the Code Enforcement Officer should post the building or structure and equipment with an unsafe equipment notice, and if the Town Board upholds the Code Enforcement Officer's determination, the Code Enforcement Officer may thereafter post the building or structure and (where applicable) equipment.

F. In the event that the owner fails or refuses to secure and/or repair or remove such building, structure, or equipment within the time provided, the Town shall secure and/or repair or remove said building, structure, or equipment.

G. Emergency cases.

(1) A building, structure, equipment, or part thereof, which poses a clear and imminent threat to human life, safety or health as a result of a fire, explosion, unsafe equipment, or other condition that makes it imminently dangerous for a human to remain in the building, is hereby declared to be a public nuisance.

(2) Whenever the Code Enforcement Officer finds a building, structure, equipment or part thereof, to pose a clear and imminent threat to human life, safety or health as a result of a fire, explosion unsafe equipment, or other condition that makes it imminently dangerous for a human to remain in the building, the Code Enforcement Officer may cause it to be secured and/or removed or may cause work to be done in and about the building, structure or equipment as may be necessary to remove the danger.

(3) The Code Enforcement Officer may post such a building or structure with a "do not occupy" notice and require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building, structure, equipment, or part thereof, until it is made safe.

(4) No person shall enter premises which have been ordered vacated, except for the owner and those authorized to secure the building or structure, perform inspections or repairs, remove the hazardous condition, or remove such building, structure, or equipment, or part thereof.

(5) Due process after posting in cases of imminent danger:

(a) In the event that such a building, structure, equipment, or part thereof is determined, by the Code Enforcement Officer, to be an imminent danger and requires immediate posting of the building or structure with a "do not occupy" notice, the owner/occupant may request, after the posting occurs, an opportunity to be heard in a Town Board hearing. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of when the building or structure was posted with the "do not occupy" notice.

(b) The "do not occupy" notice that is posted on a building or structure shall include the following items:

[1] The Code Enforcement Officer's reasons for posting the building or structure (including citations to the specific Uniform Code sections that the Code Enforcement Officer claims to be violated);

[2] Notice of the right of the owner/occupant to be heard by the Town Board, and statements that the owner/occupant must submit a written hearing request addressed to and received by the Town Clerk within five business days of when the building or structure was posted with the "do not occupy" notice, and that such hearing request by the owner/occupant shall include reasons why the owner/occupant believes that the posting is not warranted.

(6) If such a hearing is requested after a building or structure has been posted, the same shall be held before the Town Board not more than three weeks after the request for a hearing is received. The person requesting the hearing shall be notified in writing at least five days prior to the hearing of the time and place of the hearing.

H. All notices posted pursuant to any provision of this section are to remain on the building, structure, or equipment until it is secured and/or repaired or removed, or made to comply with the directions which have been given the owner.

I. Collection of costs incurred. All costs and expenses incurred by the Town of Ithaca in connection with any work done to remove the danger, or in connection with the securing and/or repair or removal of any such building, structure, or equipment, shall be assessed against the land on which such building, structure, or equipment is located, and a bill for such costs and expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. If the owner shall fail to pay for such costs and expenses within 10 days after the bill is presented or posted, then such unpaid costs, expenses and interest accruing at the rate of 9% per annum from the date of the Town's work shall constitute a lien upon such land. A legal action or proceeding may be brought to collect such costs, expenses, interest and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement Officer may file a certificate of the actual costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the Tompkins County Department of Assessment, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation.

§ 125-18 Intermunicipal agreement.

The Town Board may, by resolution, authorize the Town Supervisor to enter into an agreement, in the name of the Town of Ithaca, with other governments, to carry out the terms of this chapter (either in whole or in part), provided that such agreement does not violate any provision of the Uniform Code, the ECCCNYS, the ECS, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

§ 125-19 Climatic and geographic design criteria.

A. The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and structures constructed within the Town as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include, but shall not necessarily be limited to, the following:

(1) Design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature;

(2) Heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and

(3) Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with:

(a) The accompanying Flood Insurance Rate Map (FIRM);

(b) Flood Boundary and Floodway Map (FBFM); and

(c) Related supporting data along with any revisions thereto.

B. The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the Department of Code Enforcement and Zoning, and shall make such record readily available to the public.

§ 125-20 Variance and review.

A. A request for a variance from the requirements of Chapter 270, Zoning, shall be processed in accordance with the provisions of Chapter 270, Zoning.

B. A request for a variance from the provisions of the Uniform Code or the ECCCNYS and an appeal to review determination of or failure to render a determination by the Code Enforcement Officer based upon the Uniform Code or ECCCNYS shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part 1205, or any successor rules, regulations or statutes. Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the Uniform Code, ECCCNYS, or any successor statute, no building permit shall be issued except pursuant to written order of the appropriate Board of Review.

C. A request for a variance from the provisions of the ECS and an appeal to review a determination of or failure to render a determination by the Code Enforcement Officer based upon the ECS shall be processed with the Zoning Board of Appeals as provided in Chapter 144 of the Code of the Town of Ithaca.