PART II, GENERAL LEGISLATION

Chapter 70, BUILDING CODE ADMINISTRATION & ENFORCEMENT

(aka: Administration and Enforcement of the Uniform Fire Prevention and Building Code)

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 6-18-2007 by L.L. No. 2-2007.EN Amendments noted where applicable.]

GENERAL REFERENCES
Driveways -- See Ch. 82.
Electrical standards -- See Ch. 86.
Excavations -- See Ch. 93.
Satellite antennas -- See Ch. 136.
Sewers -- See Ch. 140.
Streets and sidewalks -- See Ch. 157.
Subdivision of land -- See Ch. 161.
Zoning -- See Ch. 190.
Fees -- See Ch. A194.

§ 70-1. Purpose.

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

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§ 70-2. Definitions.

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

BUILDING PERMIT -- A permit issued pursuant to § 70-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.

CERTIFICATE -- Certificate of occupancy or certificate of compliance issued pursuant to § 70-7B of this chapter.

CODE ENFORCEMENT OFFICER -- The Code Enforcement Officer appointed pursuant to § 70-3B of this chapter.

CODE ENFORCEMENT PERSONNEL -- The Code Enforcement Officer and all inspectors.

COMPLIANCE ORDER -- An order issued by the Code Enforcement Officer pursuant to § 70-16A of this chapter.

ENERGY CODE -- The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

OPERATING PERMIT -- A permit issued pursuant to § 70-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.

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.

STOP-WORK ORDER -- An order issued pursuant to § 70-6 of this chapter.

TEMPORARY CERTIFICATE -- A certificate issued pursuant to § 70-7D of this chapter.

UNIFORM CODE -- The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

VILLAGE -- The Village of Honeoye Falls.

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§ 70-3. Code Enforcement Officer; inspectors.

  1. The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. 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 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 and operating permits, and to include in building permits, certificates of occupancy/certificates of compliance, 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/certificates of compliance, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter;
    4. To issue stop-work orders;
    5. To review and investigate complaints;
    6. To issue orders pursuant to § 70-16A, compliance orders, of this chapter;
    7. To maintain records;
    8. To collect fees as set by the Board of Trustees 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 chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
    11. To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
  2. The Code Enforcement Officer shall be appointed by the Board of Trustees of the Village. 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.
  3. In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by resolution to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter.
  4. One or more inspectors may be appointed to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
  5. No Code Enforcement Officer shall engage in any activity inconsistent with the duties of this section or be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Village, except that this subsection shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.
  6. The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Board of Trustees of this Village.

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§ 70-4. Building Permits.

  1. Building permits required. Except as otherwise provided in Subsection 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 of 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.
  2. 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 (13.38 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. Construction of temporary motion-picture, television and theater stage sets and scenery;
    5. Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
    6. Installation of partitions or movable cases less than five feet nine inches in height;
    7. Painting, wallpapering, tiling, carpeting, or other similar finish work;
    8. Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
    9. 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
    10. 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.
  3. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection 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.
  4. Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
    1. 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. Construction documents (drawings and/or specifications) which shall:
      1. Define the scope of the proposed work;
      2. Be prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
      3. Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
      4. Include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
  5. 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. Work shall not be commenced until and unless a building permit is issued.
  6. 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.
  7. 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.
  8. Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
  9. Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
  10. Fees. The fee specified in or determined pursuant to § 70-17, Fees of this chapter must be paid at the time of issuance of a building permit, an amended building permit, or a renewal of a building permit.

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§ 70-5. Construction inspections.

  1. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
  2. 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 before pouring concrete;
    3. Foundation before backfill;
    4. Framing and plumbing before enclosing;
    5. Building systems, including underground and rough-in;
    6. Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
    7. Insulation before enclosing;
    8. A final inspection after all work authorized by the building permit has been completed.
  3. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code, or Energy Code. Work not in compliance with any applicable provision of the Uniform Code, or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code, and Energy Code, reinspected, and found satisfactory as completed.

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§ 70-6. Stop-work orders.

  1. 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 any of the following:
    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;
    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.
  2. Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Code Enforcement Officer, state the reason or reasons for issuance, and if applicable, state the conditions which must be satisfied before work will be permitted to resume.
  3. 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 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 mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
  4. 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.
  5. 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 § 70-16, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

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§ 70-7. Certificates of occupancy/certificates of compliance.

  1. Certificates. A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy/certificate of compliance.
  2. Issuance of certificates. The Code Enforcement Officer shall issue a certificate of occupancy/certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, 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. 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, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate:
    1. A written statement of structural observations and/or a final report of special inspections; and
    2. Flood hazard certifications.
  3. Contents of certificates. A certificate of occupancy/compliance shall contain the following information:
    1. The building permit number, if any;
    2. The date of issuance of the building permit, if any;
    3. The name, address and Tax Map number of the property;
    4. If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate 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 and the date of issuance.
  4. 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 the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Code Enforcement 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 purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement 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.
  5. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate 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.

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§ 70-8. 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.

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§ 70-9. Unsafe or dangerous buildings.

  1. Description. All buildings or structures which have any or all of the following defects shall be deemed "dangerous or unsafe buildings":
    1. Those whose exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
    2. Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
    3. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
    4. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of the Village.
    5. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.
    6. Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.
    7. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
    8. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
    9. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the Village.
  2. Abatement required.
    1. All unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.
    2. No building, structure or portion thereof shall be demolished unless the building, structure or portion thereof is found to be dangerous or unsafe in accordance with this section. Demolition of any building, structure or portion thereof not dangerous or unsafe shall be with the approval of the Planning Board.
  3. Examination and report. The Code Enforcement Officer shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written record of such examination.
  4. Notice of violation. Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building as defined in this section, he shall give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof within a stated time.
  5. Service of notice. Service of notice shall be sufficient if directed to the owner, agent of the owner or the contractor and left at his last-known place of business or residence, if within the Village, and if no place of business or residence is found, then the notice shall be served by posting in a conspicuous place on the premises which are the subject of the violation.
  6. Vacation procedure. If the Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Code Enforcement Officer. The Code Enforcement Officer shall cause to be posted at each entrance to such building a notice which shall read as follows: "THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE VILLAGE OF HONEOYE FALLS CODE ENFORCEMENT OFFICER." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Code Enforcement Officer or for any person to enter the building, except for the purpose of making the required repairs or of demolishing the same.
  7. Emergency measures. In case of an emergency which, in the opinion of the Code Enforcement Officer, involves imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or to be removed. For this purpose the Code Enforcement Officer may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. The Code Enforcement Officer may vacate adjacent structures and protect the public by appropriate barricades, or such other means as may be necessary, and for this purpose may close a public or private way.
  8. Costs and expenses. Costs incurred under this section shall be paid out of the municipal treasury on a certificate of the Code Enforcement Officer. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.

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§ 70-10. Operating permits.

  1. Operating permits required.
    1. 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 Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
      2. Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
      3. Use of pyrotechnic devices in assembly occupancies;
      4. Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
      5. Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of this Village.
    2. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
  2. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
  3. 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.
  4. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
  5. Operating permits shall remain in effect until reissued, renewed, revoked, or suspended.
  6. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.

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§ 70-11. Truss inspection.

In accordance with § 382-a of the Executive Law of the State of New York and the rules and regulations of 19 NYCRR Part 1264, all commercial and industrial structures that utilize truss-type construction shall be marked by a sign or symbol approved by the Code Enforcement Officer.

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§ 70-12. Firesafety and property maintenance inspections.

  1. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:
    1. Buildings in the following occupancy classifications, as described in the Fire Code of New York State, shall be performed once every 12 months:
      1. Assembly Group A (occupancy more than 50);
      2. Educational Group E;
      3. Factory Industrial Group F;
      4. Hazardous Group H;
      5. Institutional Group I.
    2. Buildings in the following occupancy classifications, as described in the Fire Code of New York State, shall be performed once every 24 months:
      1. Business Group B;
      2. Mercantile Group M.
    3. Multiple dwellings not included in Subsection A(1) or (2) and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 36 months.
    4. Any building, use or occupancy, at the owner's request, during an emergency or for a bona fide complaint.
  2. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon:
    1. The request of the owner of the property to be inspected or an authorized agent of such owner;
    2. Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
    3. Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
  3. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure if OFPC performs firesafety and property maintenance inspections of such building or structure.

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§ 70-13. 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 chapter, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:

  1. Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
  2. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 70-16, Enforcement; penalties for offenses, of this chapter;
  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.

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§ 70-14. Recordkeeping.

  1. The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
    1. All applications received, reviewed and approved or denied;
    2. All plans, specifications and construction documents approved;
    3. All building permits, certificates of occupancy/certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;
    4. All inspections and tests performed;
    5. All statements and reports issued;
    6. All complaints received;
    7. All investigations conducted;
    8. All other features and activities specified in or contemplated by §§ 70-4 through 70-13, inclusive, of this chapter; and
    9. All fees charged and collected.
  2. 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.

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§ 70-15. Program review and reporting.

  1. The Code Enforcement Officer shall annually submit to the Board of Trustees 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 § 70-14, Recordkeeping of this chapter and a report and summary of all appeals or litigation pending or concluded.
  2. 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.
  3. The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials 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.

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§ 70-16. Enforcement; penalties for offenses.

  1. 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 chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Code Enforcement Officer; specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be 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 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 mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
  2. Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code or any statute, local law, ordinance, rule and regulation of the Village of Honeoye Falls.
  3. Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit 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 $250 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 this Village.
  4. 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 chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of 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 subsection shall be commenced without the appropriate authorization from the Board of Trustees of this Village.
  5. 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 § 70-6, stop-work orders of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 70-6, stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

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§ 70-17. Fees.

A fee schedule shall be established by resolution of the Board of Trustees of this Village. Such fee schedule may thereafter be amended from time to time by like resolution.

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§ 70-18. Intermunicipal agreements.

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

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§ 70-19. Severability.

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

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§ 70-20. When effective.

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

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