VILLAGE OF MORAVIA

 

 

LOCAL LAW NO. 1 OF 2007

 

 

 

A LOCAL LAW PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Be it enacted by the Village Board of the Village of Moravia as follows:

 

SECTION 1. PURPOSE AND INTENT

 

This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Village of Moravia.  This local law is adopted pursuant to section 10 of the Municipal Home Rule Law.  Except as otherwise provided in the Uniform Code, other state law, or other occupancy, are subject to the provisions of this local law.

 

SECTION 2. DEFINITIONS

 

In this local law:

 

“Building Permit” shall mean a permit issued pursuant to section 4 of this local law.  The term “Building Permit” shall also include a Building Permit, which is renewed, amended or extended pursuant to any provision of this local law.

 

“Certificate of Occupancy” shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law.

 

“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to subdivision 9b) of section 3 of this local law.

 

“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.

 

“Compliance Order” shall mean an order issued by the code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law.

 

“Energy Code” shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

 

“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local law.

 

“Operating Permit” shall mean a permit issued pursuant to section 10 of this local law.  The term “Operating Permit” shall also include an Operating Permit, which is renewed, amended or extended pursuant to any provision of this local law.

 

“Permit Holder” shall mean the Person to whom a Building Permit has been issued.

 

“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

‘Stop Work Order” shall mean an order issued pursuant to section 6 of this local law.

 

“Temporary Certificate” shall mean a certificated issued pursuant to subdivision (d) of this section 7 of this local law.

 

“Village” shall mean Village of Moravia.

 

“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

 

SECTION 3. CODE ENFORCEMENT OFFICER

 

A.  The Code Enforcement Officer shall administer and enforce all the provisions of the New York State Uniform Fire Prevention and Building Code as currently in effect and as hereafter amended from time to time (hereinafter “Uniform Code”), the State Energy Conservation Construction Code as currently in effect and as hereafter amended from time to time (hereinafter “Energy Code”), and any and all applicable local laws of the Village of Moravia as currently in effect and as hereinafter amended or enacted from time to time (hereinafter “Local Laws”).  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, Temporary Certificates 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, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

3.      to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Temporary Certificates 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 local law;

4.      to issue Stop Work Orders;

5.      to review and investigate complaints;

6.      to issue orders pursuant to subdivisions (a) of section 15 (Violations) of this local law;

7.      to maintain records;

8.      to collect fees as set by the Village Board of this Village;

9.      to pursue administrative enforcement actions and proceedings;

10.  in consultation  with this Village’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform code, the Energy Code or this local law; and

11. to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law.

 

B.         The Code Enforcement Officer shall be appointed by the Village Board.  The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

 

C.        In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Village Board to serve as Acting Code Enforcement Officer.  The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law.

 

D.            Services of an individual, partnership, business corporation or other similar firm may be contracted for or one or more Inspectors may be appointed by the Village Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law.  Said individual or firm and each inspection 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, Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

 

E.         The compensation for the Code Enforcement Officer and for any services provided in assistance thereof shall be fixed from time to time by the Village Board.

 

SECTION 4: BUILDING PERMITS.

 

A.        Building Permits Required.  Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition or any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit.  No Person shall commence any work for which a building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.

 

B.             Exemptions. No Building Permit shall be required for work in any of the following categories:

 

1.                  construction or installation of one story detached structures associated with one-or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);

 

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

 

3.                  installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;

 

4.                  installation of fences which are not part of an enclosure surrounding a swimming pool;

 

5.                  construction of retaining walls unless such walls support a surcharge or impound Class 1,11 or IIIa liquids;

 

6.                  construction of temporary motion picture, television and theater stage sets and scenery;

 

7.                  installation of window awnings supported by an exterior wall of a one- or two-family dwelling or a multiple single-family dwellings (townhouses);

 

8.                  installation of partitions or movable cases less than 5’-9” in height;

 

9.                  painting, wallpapering, tiling, carpeting, or other similar finish work;

 

10.              installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

 

11.              replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or

 

12.              repairs, provided that such repairs do not involve (i) the removal or cutting away of a load bearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time.

 

C.             Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the uniform Code or the Energy code.

 

D.             Applications for a Building Permit.  Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.  The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner.  The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy code.  The application shall include or be accompanied by the following information and documentation.

 

1.                  a description of the proposed work;

2.                  the tax map number and the street address of the premises where the work is to be performed;

3.                  the occupancy classification of any affected building or structure;

4.                  where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

5.                  at least 2 sets of construction documents (drawings and/or specifications0 which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate which sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed building and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the building and structures and the lot lines.

 

E.            Construction documents. Construction documents will not be accepted as part of an application for a Building Permits unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section.  Construction documents, which are accepted as part of the application for a Building Permit, shall be marked as accepted by the Code Enforcement Officer in writing or by stamp.  One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted constructions documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel.  However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued.  Work shall not be commenced until and unless a building Permit is issued.

 

F.             Issuance of Building Permits.  An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.  The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

 

G.        Building Permits to be displayed.  Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

 

H.        Work to be in accordance with construction documents.  All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit.  The Building Permit shall contain such a directive.  The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work.  The Building Permit shall contain such a directive.  If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended building Permit reflecting such change is issued.

 

I.          Time Limits.  Building Permits shall become invalid unless the authorized work is commenced within six (6) months following the date of issuance.  Building Permits shall expire twelve (12) months after the date of issuance.  A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

 

J.             Revocation or suspension of Building Permits.  If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provision of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

 

K.        Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid a the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit.

 

SECTION 5. CONSTRUCTION INSPECTIONS.

 

A.        Work to remain accessible and exposed.  Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer.  The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection.

 

B.             Elements of work to be inspected.  The following elements of the construction process shall be inspected, where applicable:

1.                  work site prior to the issuance of a Building Permit;

2.                  footing and foundation;

3.                  preparation for concrete slab;

4.                  framing;

5.                  building systems, including underground and rough-in;

6.                  fire resistant construction;

7.                  fire resistant penetrations

8.                  solid fuel burning heating appliances, chimney, flues or gas vents;

9.                  Energy Code compliance; and

10.              a final inspection after all work authorized by the Building Permit has been completed.

 

C.             Inspection results.  After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code.  Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain expose 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.

 

D.        Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.

 

SECTION 6.   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 or Energy Code, without regard to whether such work is or is not work for which a building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or

2.                  any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required.

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, and (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 Permit Holder, on the Permit Holder) personally or by registered 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 registered mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the Stop Work Order.

 

D.        Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order.

 

E.             Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (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 section 15 (Violations) of this local law 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.

 

SECTION 7. CERTIFICATES OF OCCUPANCY

 

A.            Certificates of Occupancy required. A Certificate of Occupancy shall be required for any work which is the subject of a building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another.  Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy.

 

B.            Issuance of Certificates of Occupancy. The Code Enforcement Officer shall issue a Certificate of Occupancy if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code.  The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy.  In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy.

 

1.                  a written statement of structural observations and/or a final report of special inspections, and

2.                  flood hazard certifications.

 

C.             Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the following information:

 

1.                  the Building Permit number, if any;

2.                  the date of issuance of the Building Permit, if any;

3.                  the name, address and tax map number of the property;

4.                  if the Certificate of Occupancy is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy is Issued;

5.                  the use and occupancy classification of the structure;

6.                  the type of construction of the structure;

7.                  the assembly occupant load of the structure, if any;

8.                  if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

9.                  any special conditions imposed in connection with the issuance of the building Permit; and

10.              the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and the date of issuance.

 

D.            Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is subject of a Building Permit, However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided.  The Code Enforcement Officer 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 purposed and intent of the Uniform code.  A Temporary Certificate shall be effective for a period of time, not to exceed six (6) months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate.  During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

 

E.            Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement 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.

 

F.         Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of its local law must be paid at the time of submission of an application for a Certificate of Occupancy or for Temporary Certificate.

 

SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.

 

            The chief of any fire department providing fire fighting services for a property within this Village shall promptly notify the code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.

 

SECTION 9. UNSAFE BUILDING AND STRUCTURES.

 

            Unsafe structures and equipment in this Village shall be identified and addressed in accordance with local laws as hereinafter enacted from time to time by the Village of Moravia.

 

SECTION 10.  OPERATING PERMITS.

 

A.            Operation Permits required.  Operating Permits shall be required for conducting the activities or using the categories of buildings listed below;

 

1.                  manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703,1,1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitles “Fire Code of New York State” and incorporated by reference in 19 NYCRR section 1225.1;

2.                  hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;

3.                  use of pyrotechnic devices in assembly occupancies;

4.                  building containing one or more areas of public assembly with an occupant load of 100 persons or more; and

5.                  building whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Village board of this Village.

 

Any person who proposed to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation.

 

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 Code Enforcement Officer.  Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code.  If the code Enforcement Officer determines that test or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the code Enforcement Officer, at the expense of the applicant.

 

 

C.             Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit.

 

D.             Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities.

 

E.             Duration of Operating Permits. Operating Permits shall remain inn effect until reissued, renewed, revoked or suspended.

 

F.             Revocation or suspension of Operating Permits.  If the Code Enforcement Officer determines that any activity or building for which a Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended.

 

G.        Fees. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.

 

SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS

 

A.             Inspections required.  Fire safety and property maintenance inspection 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.                  Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months.

2.                  Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months.

3.                  Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every thirty-six (36) months.

           

B.            Inspections permitted. In addition to the inspections required by subdivision (a) of this section, 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 Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:

 

1.                  the request of the owner of the property to be inspected or an authorized agent of such owner;

2.                  receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

3.                  receipt by the Code Enforcement Officer of any other information, reasonable believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist;

4.                  provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

 

C.        OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (OFPC) and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b.

 

D.        Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section.  This subdivision shall not apply to inspections performed by OFPC.

 

SECTION 12. COMPLAINTS

 

            The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law or regulations adopted for administration and enforcement of the Uniform Code or the Energy Code.  The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate.

 

A.             performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

 

B.         if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or other wise proceeding in the manner described in section 15 (Violations) of this local law;

C.        if appropriate, issuing a Stop Work Order;

 

D.        if a violation which was found to exist is abated or corrected, performing all 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.

 

SECTION 13, RECORD KEEPING

 

A.        The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:

 

1.                  all applications received, reviewed and approved or denied;

2.                  all plans, specifications and constructions documents approved;

3.                  all Building Permits, Certificates of Occupancy, Temporary Certificates, Stop Work Orders, and Operating Permits issued;

4.                  all inspections and tests performs;

5.                  all statements and reports issued;

6.                  all complaints received;

7.                  all investigations conducted;

8.                  all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and

9.                  all fees charges 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 minimal time period so required by
State law and regulation.

 

SECTION 14.  PROGRAM REVIEW AND REPORTING

 

A.        The Code Enforcement Officer shall annually submit to the Village Board of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded.

 

B.         The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this village, on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code.

 

C.        The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, form the records and related materials this village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Village in connection with administration and enforcement of the Uniform Code.

 

SECTIONS 15. VIOLATIONS

 

A.             Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law.  Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance Order.  The Compliance Order shall (1) be in writing: (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonable necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance maybe instituted if compliance is not achieved within the specified period of time.  The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof to be served on the owner of the affected property personally or by registered mail.  The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail: provided however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the compliance Order.

 

B.             Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

 

C.        Civil Penalties. In addition to those penalties proscribed by State Law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law or any term or condition of any building Permit, Certificate of Occupancy, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of its local law, 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 subdivison shall be recoverable in an action instituted in the name of this Village.

 

D.             Injunctive Relief. An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy, temporary Certificate, Stop Work Order, Operating Permit, compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law.  In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of this Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions.  No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Supervisor of this Village.

 

E.             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 6 (Stop Work Orders) of this local law in any other section of this local 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 section 6 (Stop Work Orders) of this local law, ,in any other section of this local 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 subdivision (2) of section 381 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 381 of the Executive Law.

 

SECTION 16. FEES

 

A fee schedule shall be established by resolution of the Village Board of this Village.  Such fee schedule may thereafter be amended from time to time by the like resolution.  The fees set forth in, or determined in accordance with, such fee schedule or amended fee

Schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law.

 

SECTION 17. INTERMUNICIPAL AGREEMENTS

 

The Village Board of this Village may, be resolution, authorize the Supervisor of this Village to enter into an agreement, in the name of this Village, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

 

SECTION 18. PARTIAL INVALIDITY

 

If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

 

SECTION 19. REPEAL

 

This Local Law repeals the provisions of any existing Local Laws of the Village of Moravia, New York, which conflict with the provisions of this Local Law.

 

SECTION 20. EFFECTIVE DATE

 

This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.