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TOWN OF HURON
BUILDING LAW
1. Definitions. The words and terms used in this law shall have the same meaning as those contained in New York Executive Law, Article 18, unless the context may otherwise require. The following shall define words and terms used in this law:
Building Inspector - The Building Inspector appointed by the Town Board pursuant to section 2 of this law.
Building Permit - A permit issued pursuant to section 3 of this law. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this law.
Certificate of Occupancy or Compliance - A certificate issued pursuant to section 6 of the law.
Compliance Order - An order issued by the Building Inspector pursuant to subdivision 13(b) of this law.
Energy Code - The Energy Conservation Construction Code of New York State, as currently in effect and as amended from time to time.
Operating Permit - A permit issued pursuant to section 7 of this law, including an Operating Permit that is renewed, amended or extended pursuant to any provision of this law.
Stop Work Order - An order issued pursuant to subdivision 13(c) of this law.
Temporary Certificate - A certificate issued pursuant to subdivision 6(f) of this law.
Town - The Town of Huron.
Town Land Development Regulations - The Town of Huron Land Development Regulations and Public Works Requirements.
Town Zoning Law - Local Law No. 1 of 1973 of the Town of Huron, as it may be amended from time to time.
Uniform Code - The New York State Uniform Fire Prevention and Building Code, as currently in effect and as amended from time to time.
2. Building Inspector.
a. Building Inspector. The provisions of this law shall be administered and enforced by the Building Inspector appointed by the Town Board, who shall have the power to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this law. The Town Board may appoint one or more Deputy Building Inspectors, which deputies shall have the powers and shall perform the same duties as the Building Inspector, but always subject to the direction and control of the Building Inspector. The Town Board may also contract the private firms to assist the Building Inspector in performing his or her duties, including inspections and reviews, and provide for the compensation of such firms. The Town Board may also appoint an Acting Building Inspector on a temporary basis to fulfill the duties of the Building Inspector if he or she is temporarily absent or unable to fulfill such duties.
b. Residency. Neither the Building Inspector, nor a Deputy or an Acting Building Inspector, need be a resident or elector of the Town of Huron, provided that he or she resides in Wayne County in the State of New York.
c. Duties. It shall be the duty of the Building Inspector to administer and enforce this law, the Uniform Code, the Town Zoning Law, the Town Land Development Regulations, the Energy Code, and all other laws, codes, rules and regulations applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances and those applicable to fire prevention and fire safety in the Town. The Building Inspector shall also keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved, and to file and safely keep copies of all plans submitted, and the same shall form a part of the records of his or her office, and shall be available for use of the Town and other officials.
d. Appearance Tickets. The Building Inspector is authorized to issue appearance tickets for violations of this law, the Uniform Code, the Town Zoning Law, the Town Land Development Regulations, the Energy Code, and all other laws, codes, rules and regulations applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances and those applicable to fire prevention and fire safety in the Town, requiring appearance by the alleged violator in Huron Town Justice Court.
e. Inter-municipal Agreements. The Town Board of the Town may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of the Town, with other governments to carry out the terms of this law and/or assist the Building Inspector, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, 19 N.Y.C.R.R. Part 1203, or any other applicable law.
3. Building Permit.
a. Requirement. Except as provided in subdivision 3(b) of this law, no person, firm, corporation, association, or partnership or other entity shall commence the construction, enlargement, alteration, improvement, moving, removal or demolition of, or excavation for, any building or structure or any portion of a building or structure without first having submitted an application for and obtained a Building Permit issued by the Building Inspector.
b. Exemptions. For purposes of this law, no Building Permit shall be required for:
i. Construction or installation of one story detached accessory structures associated with one- or two-family dwellings or townhouse dwellings which are used for playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);
ii. Installation of swings and other playground equipment associated with a one- or two-family dwelling or townhouse dwellings;
iii. Installation of swimming pools associated with a one- or two-family dwelling or townhouse dwellings where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
iv. Installation of fences which are not part of an enclosure surrounding a swimming pool;
v. Construction of retaining walls unless such walls support a surcharge or impound Class I, II or III A liquids;
vi. Construction of temporary motion picture, television and theater stage sets and scenery;
vii. Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or townhouse dwellings;
viii. Installation of partitions or movable cases less than 5'-9" in height;
ix. Painting, wallpapering, tiling, carpeting, or other similar finish work;
x. Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
xi. Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
xii. Repairs, provided that such repairs do not involve:
1. The removal or cutting away of a load bearing wall, partition, or portion thereof, or of any structural beam or load bearing component;
2. The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress
3. The enlargement, alteration, replacement or relocation of any building system; or
4. The removal from service of all or part of a fire protection system for any period of time.
c. Applicability of Exemptions. An exemption from the requirement for a Building Permit under this law is not an exception from any requirement under this law or the Town Zoning Law to obtain a Building Permit, or an exception from any requirement of the Uniform Code, the Energy Code, the Town Zoning Law, or the Town Land Development Regulations.
d. Application. The application shall be signed by the applicant or his or her authorized agent, and shall contain at least the following:
i. The name and address of the applicant;
ii. A description of the applicant's property interest in the land as owner, tenant, or other holder of a valid purchase contract or option or other property right;
iii. Identification or description of the land on which the work is to be done, including the address and tax account number;
iv. The occupancy classification of any affected building or structure;
v. Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code;
vi. A description of the existing and proposed use or occupancy of the land and the existing and proposed use and building;
vii. A brief description of the nature and extent of the proposed work;
viii. The estimated value of the proposed work; and
ix. A statement that the work shall be performed in compliance with this law, the Uniform Code, the Energy Code, the Town Zoning Law, the Town Land Development Regulations, and other applicable federal, state and local laws, ordinances, rules and regulations.
e. Plans, Drawings, and Specifications. The applicant shall submit with his application a duplicate set of plans, drawings and/or specifications, together with a statement by a registered architect or licensed professional engineer of this state that such plans and specifications comply with the this law, the Uniform Code, the Energy Code, the Town Zoning Law, the Town Land Development Regulations, and other applicable federal, state and local laws, ordinances, rules and regulations. The applicant shall also produce copies of all other permits required by law for the proposed construction, enlargement, alteration, improvement, moving, removal, demolition, or excavation, including any permits required by the New York State Department of Environmental Conservation and the United States Army Corps of Engineers. Plans shall include a dimensional plan indicating the size, shape, height and location in exact relation to all property lines and to street lines of all buildings or structures to be erected, altered or removed, and of any building or structure already on the lot, and other necessary details, in order to substantiate that the provisions of this law, the Uniform Code, the Energy Code, the Town Zoning Law, the Town Land Development Regulations, and other applicable federal, state and local laws, ordinances, rules and regulations, are being observed, and shall be accompanied by satisfactory evidence that the line of the bounding street has been accurately located and staked on the ground.
f. Proof of Property Interest. The applicant shall also furnish such other information as may be required by the Building Inspector, including proof of the applicant's property interest in the land.
g. Issuance. A Building Permit shall be issued if the proposed construction, enlargement, alteration, improvement, moving, removal, demolition or excavation as set forth in the application is in conformity with the provisions of this law, the Uniform Code, the Energy Code, the Town Zoning Law, the Town Land Development Regulations, and other applicable federal, state or local laws, ordinances, rules, and regulations.
h. Refusal. If a Building Permit is refused, the Building Inspector shall state such refusal in writing, with the cause, specifying whether refusal is based upon this law, the Town Zoning Law, the Town Land Development Regulations or otherwise, and shall immediately mail notice of such refusal to the applicant at the address indicated on the application.
i. Effect. The issuance of a Building Permit shall in no case be construed as waiving any provision of this law, the Town Zoning Law, or the Town Land Development Regulations. Further, issuance of a permit does not constitute any representation, guarantee, or certification of the Town that the applicant's proposal complies with the Uniform Code, the Energy Code, the Town Zoning Law, the Town Land Development Regulations, or other applicable federal, state or local laws, ordinances, rule or regulations, or is functional or safe to use or enter.
j. Term. A Building Permit shall become void twelve months from the date of issuance unless substantial progress has been made since that date on the project described therein, provided however, that the permit may be renewed for an additional twelve months upon application for a renewal without the payment of an additional fee.
k. Revocation. If the Building Inspector determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code, the Energy Code, the Town Zoning Law, the Town Land Development Regulations, or other applicable federal, state or local laws, ordinances, rules, and regulations. the Building Inspector shall revoke or suspend the Building Permit until such time as the permit holder demonstrates compliance.
4. Fees. The Town Board may, by resolution, set fees to be charged for the issuance of a Building Permit or a Certificate of Occupancy, or for other permits, certificates, reviews, inspections, or governmental services required or provided under this local law, and may revise those fees from time to time.
5. Building Inspections.
a. The progress of work for which a permit has been issued shall be inspected at such times and intervals as may be necessary and appropriate to determine whether the work is being performed in compliance with the Uniform Code, the Town Zoning Code, the Energy Code, and other applicable laws and regulations.
b. Such inspections shall be carried out prior to enclosing or covering of the particular portions or phase of building construction, including but not limited to, where applicable:
i. Work site prior to the issuance of Building Permit;
ii. Footing and foundation;
iii. Preparation for concrete slab;
iv. Framing;
v. Building systems, including underground and rough-in;
vi. Fire resistant construction;
vii. Fire resistant penetrations;
viii. Solid fuel burning heating appliances, chimneys, flues or gas vents;
ix. Energy Code compliance; and
x. Electrical components.
c. A final inspection shall be conducted after all work authorized by the Building Permit has been completed.
d. The inspection shall be made by the Building Inspector, his or her deputy, or his or her agent, including private firms which may be retained by the Town Board.
e. It shall be the duty and responsibility of the permit holder or his or her authorized agent to inform the Building Inspector that the work is ready for each phase of inspection.
f. After inspection, the work or a portion of work 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 Energy Code, the Town Zoning Law, the Town Land Development Regulations or other applicable laws and regulations. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re-inspected, and found satisfactory as completed.
g. Entry by the Building Inspector shall be permitted for the purpose of inspection as follows:
i. Where permits are required, the Building Inspector may at all reasonable hours enter any building or premises within the Town for the purpose of making the required inspections.
ii. The Building Inspector may at any reasonable hour enter any building, with the exception of a single or two-family dwelling, for the purpose of making any inspection or investigation to ensure compliance with the provisions of this law, the Uniform Code, the Town Zoning Code, the Energy Code, or other applicable laws and regulations.
iii. Should entrance to make an inspection be refused or permission to enter not be obtained, application may be made for a warrant to make such inspection to any court of competent jurisdiction.
6. Certificate of Occupancy or Compliance.
a. Requirement. No land or building or other structure or part of any land or building erected or altered in its use or building or structure shall be used or occupied until the Building Inspector shall have issued a Certificate of Occupancy or Certificate of Compliance in which he or she states that such land building, structure or part, thereof, and the proposed occupancy or use thereof, are found to be in conformity with the provisions of this law, the Uniform Code, the Energy Code, the Town Zoning Law, and the Town Land Development Regulations.
b. Issuance. Within five business days after receipt of written notification that land, or a building or structure is ready for occupancy or use, it shall be the duty of the Building Inspector, or his or her deputies or agents, to make a final inspection and issue a Certificate of Occupancy if the land, building, or structure is found to conform with the provisions of this law, the Uniform Code, the Energy Code, the Town Zoning Law, and the Town Land Development Regulations. Where applicable, the Building Inspector may require the preparation and submission of a written statement of structural observations, final report of special inspections, and/or flood hazard certifications, prepared in accordance with the Uniform Code.
c. Contents of Certificate. A Certificate of Occupancy or Certificate of Compliance shall contain the following information:
i. The Building Permit number, if any;
ii. The date of issuance of the Building Permit, if any;
iii. The name, address and tax map number of the property;
iv. If the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued;
v. The use and occupancy classification of the structure;
vi. The type of construction of the structure;
vii. The assembly occupant load of the structure, if any;
viii. If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
ix. Any special conditions imposed in connection with the issuance of the Building Permit; and
x. The signature of the Building Inspector issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance.
d. Refusal. If the Building Inspector, after such final inspection refuses to issue a Certificate of Occupancy or Certificate of Compliance, such refusal, with the cause, specifying whether refusal is based upon this law, the Town Zoning Law, the Town Land Development Regulations, or otherwise, shall be stated in writing, and notice of such refusal, immediately be mailed to the applicant at the address indicated on the notification.
e. Effect. The issuance of a Certificate of Occupancy or Certificate of Compliance shall in no case be construed as waiving any provision of this law, the Town Zoning Law, or the Town Land Development Regulations. Further, issuance of a Certificate of Occupancy or Certificate of Compliance does not constitute any representation, guarantee, or certification of the Town that the applicant's use, land, building or structure complies with applicable federal, state or local laws, ordinances, rules or regulations, or is functional or safe to use or occupy.
f. Temporary Certificate. The Building Inspector shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion of a building or structure, prior to completion of the work which is the subject of a Building Permit. The Building Inspector may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Town Zoning Law and the Uniform Code. A Temporary Certificate shall be effective for a period not exceeding thirty (30) days from its date of issuance. For good cause, the Building Inspector may allow a maximum of two (2) extensions for periods not exceeding thirty (30) days each. During the period of effectiveness of the Temporary Certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Town Zoning Code, the Uniform Code and the Energy Code. However, in no event shall a Temporary Certificate be issued unless the Building Inspector determines:
i. That the building or structure, or the portion of the building or structure covered by the Temporary Certificate, may be occupied safely;
ii. That any fire and smoke-detecting or fire protection equipment which has been installed is operational; and
iii. That all required means of egress from the building or structure have been provided.
g. Revocation or Suspension of Certificates. If the Building Inspector determines that a Certificate of Occupancy, Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such Certificate.
7. Operating Permit.
a. Requirement. Any person who proposes to undertake any of the following activities or to operate any type of the following buildings shall be required to obtain an Operating Permit prior to commencing such activity or operation.
i. Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 N.Y.C.R.R. §1225.1;
ii. Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
iii. Use of pyrotechnic devices in assembly occupancies;
iv. Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
v. Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board.
b. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant.
c. Inspections. The Building Inspector or an Inspector authorized by the Building Inspector shall inspect the subject premises prior to the issuance of an Operating Permit.
d. Multiple Activities. In any circumstance in which more than one activity listed in subdivision 7(a) of this law is to be conducted at a location, the Building Inspector may require a separate Operating Permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single Operating Permit to apply to all such activities.
e. Duration of Operating Permits. Operating Permits shall remain in effect until reissued, renewed, revoked, or suspended.
f. Revocation or suspension of Operating Permits. If the Building Inspector determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended.
8. Fire Prevention and Safety Inspection.
a. All multiple dwellings and all non-residential buildings, structures, uses and occupancies not included in subdivision (b) of this law shall be inspected at least once every three years for the purpose of determining compliance with fire safety and property maintenance requirements of the Uniform Code. The common areas of such buildings, including halls, foyers and staircases, shall be so inspected at least once every year.
b. All areas of public assembly, and all buildings or structures being occupied as dormitories, shall be inspected at least once every year for the purpose of determining compliance with the fire safety and property maintenance requirements of the Uniform Code.
c. An inspection of building or dwelling unit shall be performed at any other time upon: (1) request of the owner or his authorized agent; (2) receipt of a written statement specifying the grounds upon which the subscriber believes a violation of the Uniform Code exists; or (3) other reasonable and reliable information that such a violation exists.
d. Such an inspection shall be performed by the Building Inspector, his or her deputy, or his agent, including private firms retained by the Town Board.
e. In addition to the inspections required, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector at any time upon:
i. The request of the owner of the property to be inspected or an authorized agent of such owner;
ii. Receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
iii. Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist.
f. Nothing in this section shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
g. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under New York Executive Law §156-e or New York Education Law §807-b.
h. The chief of any fire department providing fire fighting services for a property within the Town shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.
9. Variance and Review.
a. A request for a variance from the Uniform Code shall be filed with the regional Board of Review, with a copy to the Building Inspector, as provided in 19 N.Y.C.R.R. Part 1205, and shall not be within the jurisdiction of the Town of Huron Zoning Board of Appeals.
b. A request for a variance from the Town Zoning Law, and an appeal to review a determination of or failure to render a determination by the Building Inspector with respect to the Town Zoning Law, shall be filed with the Town of Huron Zoning Board of Appeals, as provided in the Town Zoning Law.
10. Review and Investigation of Complaints.
The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with this law, the Uniform Code, the Energy Code, the Town Zoning Law, or the Town Land Development Regulations. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem to be appropriate:
a. Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
b. If a violation is found to exist, providing the owner of the affected property and any other person 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 in the manner described in section 13 of this law;
c. If appropriate, issuing a Stop Work Order or Compliance Order;
d. If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
11. Record-keeping and Reporting.
The Building Inspector shall keep permanent official records of all transactions and activities conducted by the Building Inspector and his or her deputies. 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, shall be retained for at least the minimum time period so required by state law and regulation. This section shall apply to the following:
a. All applications received, reviewed and approved or denied;
b. All plans, specifications and construction documents approved;
c. All Building Permits, Certificates of Occupancy, Temporary Certificates, Stop Work Orders, and Operating Permits issued;
d. All inspections and tests performed;
e. All statements and reports issued;
f. All complaints received;
g. All investigations conducted;
h. All other activities of the Building Inspector or Deputy Building Inspectors specified in this law; and
i. All fees charged and collected.
12. Reporting.
a. The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector and the Inspectors, including a report and summary of all transactions and activities described in this law, and a report and summary of all appeals or litigation pending or concluded.
b. The Building Inspector shall annually submit to the Secretary of State, on behalf of the Town, 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.
c. The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code.
13. Enforcement.
a. Violations Unlawful. It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building or structure or portion of a building or structure in violation of any provisions of this Chapter or fail in any manner to comply with any notice, directive or order of the Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
b. Compliance Orders. The Building Inspector is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, premises or equipment in violation of this law, the Uniform Code, the Energy Code, the Town Zoning Law, or the Town Land Development Regulations, or that is unsafe. Upon finding that any such condition or activity exists, the Building Inspector shall issue a Compliance Order. The Compliance Order shall:
i. Be in writing;
ii. Be dated and signed by the Building Inspector;
iii. Specify the condition or activity that violates this law, the Uniform Code, the Energy Code, the Town Zoning Law, or the Town Land Development Regulations, or that is unsafe;
iv. Specify the provision or provisions of this law, the Uniform Code, the Energy Code, the Town Zoning Law, or the Town Land Development Regulations which is/are violated by the specified condition or activity, or that is unsafe;
v. Specify the period of time which the Building Inspector deems to be reasonably necessary for achieving compliance;
vi. Direct that compliance be achieved within the specified period of time;
vii. State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time;
viii. Be served on the owner of the affected property personally or by registered or certified mail; and
ix. May also 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 or certified mail; provided, however, that failure to serve any person mentioned in this paragraph 13(b)(ix) shall not affect the efficacy of the Compliance Order.
c. Stop Work Orders. The Building Inspector is authorized to issue Stop Work Orders pursuant to this subdivision.
i. Issuance. The Building Inspector shall issue a Stop Work Order to halt:
1. Any work that is determined by the Building Inspector to be contrary to any applicable provision of law, the Uniform Code, the Energy Code, the Town Zoning Law, or the Town Land Development Regulations, 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 Building Inspector, 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.
ii. Content. A Stop Work Orders shall be in writing, shall be dated and signed by the Building Inspector, shall state the reason or reasons for issuance, and if applicable, shall state the conditions which must be satisfied before work will be permitted to resume
iii. Posting. A Stop Work Order, posted at the work site, shall be sufficient notice to the permit holder and any other person or entity performing, taking part in or assisting in the work, of the issuance of such Stop Work Order.
iv. Effect. Upon the issuance of a Stop Work Order, the owner of the affected property, the permit holder and any other person or entity performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order.
d. Civil Action. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this law, the Town Board may bring an appropriate civil action or proceedings in State Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of this law, the Uniform Code, the Energy Code, the Town Zoning Law, and/or the Town Land Development Regulations to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure or land to prevent any illegal act, conduct, business, or use in or about such premises.
e. Penalties.
i. Criminal. Any person, firm or corporation who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this law or any written order of Building Inspector directing compliance with this law shall be guilty of any offense, and upon conviction thereof shall be subject to a fine of not more than five hundred dollars, or imprisonment for a period of not more than fifteen days, or both such fine and imprisonment for each offense. However, a person, firm or corporation convicted of a second or other repeated violation of this law, with at least one previous violation occurring within the period of five years immediately preceding the latest violation, shall be guilty of a misdemeanor, and shall be subject to a fine of not more than one thousand dollars, or imprisonment for not more than six months, or both such fine and imprisonment for each offense.
ii. Civil. Any person, firm or corporation who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this law or any written order of the Building Inspector directing compliance with this law shall be deemed to have violated this law, and shall be liable to pay the Town a civil penalty of up to one thousand dollars for each such violation. Such a civil penalty may be assessed in any action or proceeding brought by the Town, pursuant to the New York Town Law or New York Executive Law, to enforce the provisions of this law.
iii. Continuous Violations. Each day a violation or offense is continued or not corrected shall be deemed a separate violation or offense.
f. Threats to Public Health, Safety or the Environment. The Building Inspector may cause the correction, repair, remediation, secural or removal, of any building or structure or condition on any property that poses a threat to public health, safety or the environment, including removal of unsafe or collapsed buildings as allowed by New York Town Law §130(16), provided:
i. The Building Inspector inspects the property, and upon observing a condition that is found to be a threat to public health, safety or the environment, provides notice of such finding to the property owner and seeks corrective action by the property owner. In the event the Building Inspector is unsuccessful in obtaining sufficient corrective action by the property owner, the Building Inspector may file a written report with the Town Clerk finding the building, structure or other condition to be unsafe or collapsed, or otherwise a threat to public health, safety or the environment.
ii. The Building Inspector causes a notice to 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 same, either personally or by registered or certified 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 Wayne County Clerk, containing a description of the property, a statement of the particulars in which the building, structure or condition is unsafe or dangerous or otherwise a threat to public health, safety or the environment, and an order requiring same to be corrected, repaired, remediated, secured, or removed; and if such service is made by registered or certified mail, a copy of such notice shall be posted on the property.
iii. The notice referred to in paragraph 13(d)(ii) must allow the person served with such notice at least ten days to correct, repair, remediate, secure, or remove the building, structure or other condition, unless there is an imminent threat to public health or safety, in which case a shorter time period shall be allowed as may be deemed necessary by the Building Inspector under the circumstances.
iv. The notice referred to in paragraph 13(d)(ii) shall be filed in the Office of the Wayne 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 New York Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as provided in that Article 65, except as otherwise hereinafter provided in this paragraph. 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 or upon the consent of the Town Attorney or the attorney for the Town. The Wayne 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.
v. A hearing on the proposed correction, repair, remediation, secural or removal shall be held before the Town Board, and the notice shall also specify the time and place of the hearing.
vi. At the hearing the Town Board may take testimony, and shall review the written report of the Building Inspector. If it finds that (a) the procedure of this subdivision has been complied with; (b) the building, structure or condition poses a threat to public health, safety, welfare or the environment, including a building that is unsafe or collapsed; and (c) correction, repair, remediation, secural or removal of the building, structure or condition would protect public health, safety, welfare or the environment, and would be in the public interest; it shall approve the correction, repair, remediation, secural or removal of the building, structure or condition.
vii. In the event the owner fails or refuses to correct, repair, remediate, secure or remove the building, structure or condition within the time provided, and the Town Board has authorized such action as provided in paragraph 13(d)(vi), the Building Inspector may cause the correction, repair, remediation, secural or removal of the building, structure or condition.
viii. The Town Board may, by resolution, assess all costs and expenses incurred by the Town in connection with the proceedings to correct, repair, remediate, secure or remove, including the cost of actually correcting, repairing, remediating, securing or removing the building, structure or condition, against the property on which the building, structure or condition is located.
g. Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 13 of this law, in any other section of this law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in any other section of this law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in New York Executive Law §381(2), and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in New York Executive Law §381(2).
14. Zoning Law. Except where any provision of this law or the Uniform Code is directly contrary to a provision of the Town Zoning Law, that law shall remain in full force and effect, and administered, to the greatest extent possible, in harmony with this law and the Uniform Code. When a Building Permit or Certificate of Occupancy is required by both this law and the Town Zoning Law, only one application need be submitted, and one permit or certificate need be issued, and such application, permit or certificate shall satisfy the requirements of both such law, as long as it complies with the requirements of each such law.
15. Separability. If any section, subsection, sentence, clause or phrase of this law is for any reason held to be unconstitutional or invalid, such decision shall not affect its remaining portions. The Town Board hereby declares it would have passed this law and each section and subsection thereof irrespective of the fact that any one or more of its sections, subsections, clauses, or phrases may be found by court to be unconstitutional or otherwise invalid.
16. Short Title. This law shall be known as and may be cited and referenced to as "Town Building Law."
17. Effective Date. This law, as amended, shall take effect on January 1, 2007.
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