No preview available
HomeMy WebLinkAbout2023-01-24-TB-FINAL-minutesTOWN BOARD MEETING Town of Ulysses Jan. 24, 2023 The meeting was held in person at the Town Hall at 10 Elm St., Trumansburg NY as well as via Zoom videoconference. Notice of Town Board meetings are posted on the Town's website and Clerk's board. Video recordings of meetings are available on Youtube at httlis://www.voutube.com/channe//UCWV/s--cigCljH/Xdk9YxZvPw. CALL TO ORDER: Ms. Olson called the meeting to order at 7pm. TOWN OFFICIALS In person: Supervisor- Katelin Olson Board members- Michael Boggs, Liz Weatherby, Mary Bouchard Town Clerk- Carissa Parlato Via Zoom: Attorney for the Town- Nathan VanWhy Board member- Rich Goldman (due to extenuating circumstances) Budget Officer- Michelle E. Wright OTHERS: In person: (none) Via Zoom: Linda Liddle, Roxanne Marino APPROVAL OF AGENDA: Motion: Mr. Boggs moved to approve the agenda with the addition of an appointment to the Comprehensive Plan committee. This was seconded by Ms. Bouchard and passed unanimously. PUBLIC HEARING: A LOCAL LAW REPEALING AND REPLACING CHAPTER 80 OF THE TOWN CODE ENTITLED "CONSTRUCTION CODES, UNIFORM" (See separate minutes) PRIVILEGE OF THE FLOOR: (3 minute limit] (none) OLD BUSINESS: C�l_t 1�1:1 � 1�1:ii���Il�) t � [�I i, l ��] .� � lei l�I l�_V I i • l I i • [�L�1:7_\ � y � ��li s��_[�1:i �7 /_1 a 1�1 � 13 � :7_1 L�:t l� � > tij [�I i • 1 1 Ms. Olson gave a brief overview of the project, indicating that the goal is to apply for funding through the NYS Consolidated Funding Application (CFA) to complete the project, that will connect the Village of Trumansburg to the trail. The town currently has about $24k funding assigned for this and proposes spending $18 for planning & design in advance of seeking funding for implementation. RESOLUTION #49 OF 2023: GATEKEEPER RESOLUTION FOR ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL (ITCTC) APPLICATION FOR BLACK DIAMOND TRAIL EXTENSION FROM TAUGHANNOCK STATE PARK TO THE VILLAGE OF TRUMANSBURG WHEREAS, federal funds have been made available to municipalities for transportation planning projects through the Ithaca -Tompkins County Transportation Council (ITCTC); and WHEREAS, the extension of the Black Diamond Trail through the Town of Ulysses to the Village of Trumansburg is recognized in both the Black Diamond Trail Master Plan (2008) and the Town of Ulysses Comprehensive Plan (2009) as a desirable connection; and WHEREAS, the proposed project involves developing a plan that identifies the appropriate routes and designs needed to apply for New York State Consolidated Funding through the Southern Tier Regional Economic Development Council for the completion of the trail extension; and WHEREAS, approximately $18,000 is available for the proposed project in grant funding through ITCTC; and WHEREAS, the Town of Ulysses allocates up to $8,000 in additional funding as a grant match; NOW, THEREFORE, BE IT RESOLVED, that the Ulysses Town Board authorizes the Town Supervisor to submit an application to ITCTC for funding for design and project planning for an extension of the Black Diamond Trail to the Village of Trumansburg. Moved: Mr. Goldman Seconded: Ms. Weatherby Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 UNAPPROPRIATED FUND BALANCE TREASURY LADDER INVESTMENT Mr. Goldman shared that this is a very secure investment strategy for town funds. RESOLUTION #50 OF 2023: UNAPPROPRIATED FUND BALANCE INVESTMENT WHEREAS the Town's investment policy authorizes the Town Supervisor to purchase investments; and WHEREAS the Finance Committee recommends investing $250,000 of the Town's unappropriated fund balance using the Town's current investment strategy with Tompkins Financial Advisors, now, therefore, be it RESOLVED that the Town Board recognizes the investment of the Town's unappropriated fund balance. Moved: Mr. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 Seconded: Mr. Boggs DOCUMENTING THE 2022 USE OF THE AMERICAN RESCUE PLAN (ARPA) FUNDS RESOLUTION #51 OF 2023: 2022 USE OF THE AMERICAN RESCUE PLAN (ARPA) FUNDS FOR WD3 ANODE BAG WHEREAS in resolution 83-2022 the Ulysses Town Board approved the use of ARPA funds for the Water District 3 tank maintenance and anode bag replacement; and WHEREAS this resolution is for purposes of documentation and reporting, therefore be it RESOLVED that the final cost of this project was $7,949.86 and is the total of ARPA funds used in 2022. Moved: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 NEW BUSINESS: Seconded: Mr. Boggs RECOGNIZING INTER -FUND LOAN FROM A FUND BALANCE TO CAPITAL FUND HB ACROSS FINANCIAL YEARS RESOLUTION #52 OF 2023: RECOGNIZING INTER -FUND LOAN FROM A FUND BALANCE TO CAPITAL FUND HB ACROSS FINANCIAL YEARS 3 WHEREAS The Cemetery Road Bridge Replacement Project is a multi -year, grant reimbursed project, and WHEREAS the Ulysses Town Board authorized an interfund loan to the HB Capital Fund, created exclusively for the Cemetery Road Bridge Replacement Project, by resolution #s 2019- 160, 2020-238, 2021-192 and 2021-222; and WHEREAS the final reimbursement for this project has yet to be received by NYSDOT due to administrative delays on their end; and WHEREAS the Ulysses Town Board wishes to acknowledge that the NYS Office of the State Comptroller prefers that interfund loans are paid back within a single financial year, or as soon as reasonably possible; and, in cases where that is not possible, formal documentation and Board authorization is recommended, therefore be it RESOLVED that the Ulysses Town Board recognizes that the $300,000 owed from the HB Capital Fund (HB630 Due to Other Funds) to the A Fund (A391 Due from Other Funds) will exist in the financial records of the 2020, 2021, 2022 and 2023 financial years. Moved: Mr. Boggs Seconded: Ms. Weatherby Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 2022 WATER DISTRICT 3 RESERVE ADDITION RESOLUTION #53 OF 2023: 2022 WD3 RESERVE ADDITION WHEREAS Resolution #175 of 2022 established the SW3-232 / SW3-884 Capital Reserve Fund for Water District 3, and WHEREAS the 2022 budget included an addition to this reserve in the amount of $21,998, and WHEREAS based on the results of the financial year the Budget Officer recommends adding $22,000 to the reserve, and WHEREAS the intention of this resolution is to provide documentation regarding the addition to the reserve, therefore be it RESOLVED that a total of $22,000 will be added to the SW3-232 / SW3-884 Capital Reserve Fund for Water District 3. Moved: Mr. Boggs Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye 4 Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 BUDGET MODIFICATIONS: RESOLUTION #54 OF 2023: BUDGET MODIFICATIONS: RESOLVED that the Town Board authorize the budget modifications as presented (see Appendix). Moved: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 OLD BUSINESS (Cont'd.! Seconded: Ms. Bouchard SCHEDULE PUBLIC HEARING FOR SENIOR TAX EXEMPTION RESOLUTION #55 OF 2023: SCHEDULING A PUBLIC HEARING ON A LOCAL LAW "AMENDING CHAPTER 174 OF THE TOWN CODE TO AUTHORIZE A PROPERTY TAX EXEMPTION FOR SENIOR AND DISABLED CITIZENS UNDER SECTION 467 OF THE NEW YORK STATE REAL PROPERTY TAX LAW" RESOLVED, that the Town Board of the Town of Ulysses will hold a public hearing in person at 10 Elm Street, Trumansburg, NY and via ZOOM on Tuesday, February 14, 2023 at 7:00 p.m. for the purpose of receiving comments on the proposed Local Law "Senior and Disabled Citizens' Real Property Partial Tax Exemptions;" and further RESOLVED, that in addition to participation in the public hearing, all members of the public wishing to submit written comments on the proposed agreement may do so in writing addressed to the Town Clerk at 10 Elm Street, Trumansburg, NY 14886 or by email to clerk@townofulyssesny.gov, and be it further RESOLVED, that the Town Clerk is directed to publish notice of said hearing in the Ithaca Journal as required by law and the Town Board authorizes payment of expenses associated with said publication. Moved: Mr. Boggs Seconded: Ms. Weatherby Olson aye Boggs aye Bouchard aye 5 Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 SCHEDULE PUBLIC HEARING FOR VOLUNTEER FIREFIGHTER/EMS EXEMPTIONS (RESOLUTION) RESOLUTION #56 OF 2023: SCHEDULING A PUBLIC HEARING ON A LOCAL LAW "AMENDING CHAPTER 174 OF THE TOWN CODE TO AUTHORIZE A PROPERTY TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS AND VOLUNTEER AMBULANCE WORKERS UNDER SECTION 466-A OF THE NEW YORK STATE REAL PROPERTY TAX LAW" RESOLVED, that the Town Board of the Town of Ulysses will hold a public hearing in person at 10 Elm Street, Trumansburg, NY and via ZOOM on Tuesday, February 14, 2023 at 7:01 p.m. for the purpose of receiving comments on the proposed Local Law "Amending Chapter 174 of the Town Code to Authorize a Property Tax Exemption for Volunteer Firefighters and Volunteer Ambulance Workers Under Section 466-a of the New York State Real Property Tax Law"; and further RESOLVED, that in addition to participation in the public hearing, all members of the public wishing to submit written comments on the proposed agreement may do so in writing addressed to the Town Clerk at 10 Elm Street, Trumansburg, NY 14886 or by email to clerk@townofulyssesny.gov, and be it further RESOLVED, that the Town Clerk is directed to publish notice of said hearing in the Ithaca Journal as required by law and the Town Board authorizes payment of expenses associated with said publication. Moved: Mr. Boggs Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 A LOCAL LAW REPEALING AND REPLACING CHAPTER 80 OF THE TOWN CODE ENTITLED "CONSTRUCTION CODES, UNIFORM" RESOLUTION # 57 OF 2023: A LOCAL LAW ENTITLED "REPEALING AND REPLACING CHAPTER 80 OF THE TOWN CODE ENTITLED `CONSTRUCTION CODES, UNIFORM"' WHEREAS, the Town has authority to adopt the local law referred to above (hereafter "the Local Law") pursuant to Section 10 of the Municipal Home Rule Law and Section 103 of the General Municipal Law; and WHEREAS, the Town is committed to keeping Construction Codes in compliance with New York State requirements; and WHEREAS, on January 13, 2023 a public hearing on the question of adopting the Local Law was duly advertised for January 24, 2023 at 7:00 pm; and WHEREAS, a public hearing was held on January 24, 2023 at 7:00 p.m. by the Town of Ulysses at 10 Elm Street, and all parties in attendance, either in person, via Zoom, or through written comments sent to the Town Clerk, were permitted an opportunity to speak or otherwise express themselves in favor of or in opposition to the Local Law; NOW, THEREFORE, BE IT RESOLVED THAT the adoption of this Local Law is a Type II action under the New York State Environmental Quality Review Act; and be it further RESOLVED THAT the Town Board of the Town of Ulysses hereby adopts the Local Law entitled "Repealing and Replacing Chapter 80 of the Town Code Entitled 'Construction Codes, Uniform." (See Appendix) Moved: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 NEW BUSINESS: Seconded: Mr. Boggs ACKNOWLEDGEMENT OF COURT AUDIT COMPLETION (RESOLUTION) RESOLUTION #58 OF 2023: ACKNOWLEDGEMENT OF TOWN BOARD AUDIT OF JUSTICE COURTS WHEREAS, NYS requires an annual audit of the finances of the Ulysses Town Justice Courts, either as an internal audit by Town Board members or by an auditing firm; NOW THEREFORE, BE IT RESOLVED that the Town of Ulysses Board acknowledges an internal audit of the Ulysses Justice Courts was completed by Town Board members Michael Boggs and Elizabeth Weatherby, on behalf of the Town Board, on January 11, 2023; and be it FURTHER RESOLVED that the Town Clerk shall submit a certified copy of this resolution along with the results of the audit to the NYS Office of Court Administration. Moved: Mr. Boggs Seconded: Ms. Bouchard Olson aye Boggs aye 7 Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 APPOINT ALTERNATE PLANNING/BZA CLERK RESOLUTION #59 OF 2023: APPOINTMENT OF ALTERNATE CLERK FOR THE PLANNING BOARD AND BOARD OF ZONING APPEALS RESOLVED, that the Town Board appoints Lou DiPietro as the Town's Alternate Planning Board and Board of Zoning Appeals Clerk through December 31, 2023 at an hourly pay rate of $21.17/hour, retroactive to January 18, 2023. Moved: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 Seconded: Ms. Bouchard TOWN HISTORIAN —TRANSITION AND OUTREACH DISCUSSION Ms. Olson stated that Mr. Wertis wants to transition away from the Historian position. A public search to fill the position will take place. Although the position is appointed by the Supervisor, Ms. Olson would like to do substantive outreach. Mr. Boggs volunteered to assist. RECOGNITION OF APPRECIATION TO ROXANNE MARINO FOR TOWN BOARD SERVICE RESOLUTION #60 OF 2023: APPRECIATION TO ROXANNE MARINO FOR TOWN BOARD SERVICE WHEREAS, a vacancy on the Town Board beginning in January 1, 2022 resulted in the appointment of Roxanne Marino for approximately 10 months as a Town Board member; and WHEREAS, the Town is grateful to Dr. Marino for her service to the Town in 2022 and appreciates her ongoing service on several Town committees; NOW, THEREFORE, BE IT RESOLVED, that the Town Board extends its appreciation to Roxanne Marino for her past and current services and contributions to the Town of Ulysses. Moved: Ms. Bouchard Olson aye Boggs aye Bouchard aye Seconded: Ms. Weatherby Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 COMPREHENSIVE PLAN COMMITTEE CHAIR APPOINTMENT RESOLUTION #61 OF 2023: COMPREHENSIVE PLAN COMMITTEE CHAIR APPOINTMENT RESOLVED that the Ulysses Town Board appoint Ann DiPetta as chair of the committee for the duration of the committee. Moved: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 Seconded: Ms. Weatherby UPCOMING EVENTS February 14 — Regular Town Board meeting February 28 — Regular Town Board meeting APPROVAL OF MINUTES: RESOLUTION #62 OF 2023: APPROVAL OF MINUTES RESOLVED, that the Ulysses Town Board approve the meeting minutes from January 5, 2023 (organizational meeting), January 10, 2023 (regular meeting) and January 10, 2023 (public hearing) as presented or amended. Moved: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 1/24/23 Seconded: Mr. Boggs PRIVILEGE OF THE FLOOR (3 min limit per person) (none) E ADJOURN Mr. Goldman made a motion to adjourn at 8:15pm. This was seconded by Ms. Bouchard and passed unanimously. Respectfully submitted by Carissa Parlato, Town Clerk 213123 10 APPENDIX: BUDGET MODIFICATIONS: A FUND BUDGET MODIFICATIONS Increase/ Budget Mod Post Modification 1 Account # Account Name Current Budget Decrease Request Budget IA1110.12 JUSTICE CLERIC PS 51,470.00 Increase $ 0.12 $ 51,470.12 IA1410.1 TOWN CLERK PS 59,126.00 Increase $ 0.08 $ 59,126.08 IA5010.1 HIGHWAY SUPERINTENDENT PS 67,460.00 Increase $ 0.12 $ 67,460.12 Rounding rule discrepancies often produce very small differences between Excel, our payroll system, and the accounting software. Account It Account Name IA1220.4 ISUPERVISOR CE I Funds availoble in this line. increase/ Budget Mod Post Modification Current Budget Decrease Request Budget I 11,939.001 Decrease I $ 0.32 1 $ 11,837.69 Increase/ Budget Mod Post Modification 2 Account # Account Name Current Budget Decrease Request Budget I A1620.4 TOWN HALL CE 20,873.00 Increase $ 2,819.67 $ 23,692.67 IA1650.4 CE NTRA L COMM U N ICATION CE 9,433.00 Increase 624.06 $ 10,057,06 IA1670.4 PRINTING & MAILING CE 11,894.00 Increase 175.39 $ 12,069.39 Electrical to back door (prep for ADA door); IT support required for OSC audit, • increased electrical rate; 1-IVAC system maintenance and repair; general increase of costs. Account It Account Name IA1620.2 ITOWN HALL EQ I Funds available in this line. 3 Account # Account Name IA5132.4 IHIGHWAY BARN CE I Costly repair required for overhead door in fall. Account # Account Name IA5132.2 IHIGHWAY BARN EQ I Funds available in this line. Increase/ Budget Mod Post Modification Current Budget Decrease Request Budget $ 8,100.00 1 Decrease I $ 3,619.12 $ 4,480.88 increase/ Budget Mod Post Modification Current Budget Decrease Request Budget I 20,000.001 Increase I 1,061.731 $ 21,061.73 Increase/ Budget Mod Post Modification Current Budget Decrease Request Budget I 11,500.001 Decrease I $ 1,061.73 V $ 10,438.27 Increase / Budget Mod Post Modification 4 Account # Account Name Current Budget Decrease Request Budget IA5410.4 ISIDEWALKS CE I 1,212.001 Increase I 847.971 $ 2,059.97 Due to late billing far 2021 invoice received in 2022, there are two years of sidewalk clearing in the 2022 expense line. Increase/ Budget Mod Post Modification Account It Account Name Current Budget Decrease Request Budget IA5182.4 ISTREET LIGHTING CE I 2,350.001 Decrease I $ 847.97 Y $ 1,502,03 I Funds available in this line. 11 Increase 1 Budget Mad Post Modification Account # Account Name Current Budget Decrease Request Budget A7510.4 HISTORIAN CE I $ 500.00 I Increase $ 155.88 $ 655.88 Unbudgeted expenses for community event. Increase 1 Budget Mod Post Modification Account # Account Name Current Budget Decrease Request Budget A1990.4 CONTINGENCY ACCOUNT $ 65,606.90 ❑ecrease $ 155.88 $ 65,451.02 I Funds available. Ij B FUND BUDGET MODIFICATIONS Increase Budget Mad Post Modification Account # Account Name Current Budget Decrease Request Budget B1420.4 I ATTORNEY CE I $ 30,OD0.00 I Increase $ 1,209.41 $ 31,208.41 Camp Barton related expenses. Increase 1 Budget Mad Post Modification Account # Account Name Current Budget Decrease Request Budget B1990.4 CONTINGENCY ACCOUNT $ 31,000.00 ❑ecrease $ 1,208.41 $ 29,791.59 I Funds available. +i SW1 FUN❑ BUDGET MODIFICATIONS Increase Budget Mod Post Modification Account # Account Name Current Budget Decrease Request Budget SW1-8320.4 I WATER PURCHASES CE $ 10,0D0.00 Increase $ 627.50 $ 10,627.50 Increased water use billed out to users and offset by billing revenue. Increase 1 Budget Mod Post Modification Account # Account Name Current Budget Decrease Request Budget SW1-2140 METERED WATER SALES $ 10,000.00 Increase $ 627.5❑ $ 10,627.5❑ See above. SW3 FUN❑ BUDGET MODIFICATIONS Increase Budget Mod Post Modification 1 Account # Account Name Current Budget Decrease Request Budget SW3-8310.1 I WATER ADMIN PS $ - Increase $ 3,500.00 $ 3,500.00 I Per resolution #I24 of 2022: Water Distribution and Systems Supervisor Appointment. Ij Increase 1 Budget Mod Post Modification Account # Account Name Current Budget Decrease Request Budget SW3-1990.4 ICONTINGINCY $ 5,7I70.00 I ❑ecrease 1 $ 3,500.D0 1 $ 2,200.D0 Funds available. 12 TOWN OF ULYSSES LOCAL LAW NO. 2 FOR THE YEAR 2023: A LOCAL LAW REPEALING AND REPLACING CHAPTER 80 OF THE TOWN CODE ENTITLED "CONSTRUCTION CODES, UNIFORM" Be it enacted by the Town Board of the Town of Ulysses as follows: Section 1. Chapter 80 of the Town Code is hereby repealed and replaced as follows: § 80-1 Purpose and Intent. This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town of Ulysses ("Town"). This chapter is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code, or other state law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this chapter. § 80-2 Definitions. In this chapter: ASSEMBLY AREA An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes. BUILDING PERMIT A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term "Building Permit" shall also include a Building Permit which is renewed, amended, or extended pursuant to any provision of this chapter. CERTIFICATE OF COMPLIANCE A document issued by the Town stating that work was done in compliance with approved construction documents and the Codes. CERTIFICATE OF OCCUPANCY 13 A document issued by the Town certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Town, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. CODE ENFORCEMENT OFFICER The Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this chapter. CODE ENFORCEMENT PERSONNEL The Code Enforcement Officer and all Inspectors. CODES The Uniform Code and Energy Code. ENERGY CODE The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law. FCNYS The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION An inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. HAZARDOUS PRODUCTION MATERIALS A solid, liquid, or gas associated with semiconductor manufacturing that has a degree -of -hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. INSPECTOR An inspector appointed pursuant to subdivision (d) of section 3 of this chapter. 14 MOBILE FOOD PREPARATION VEHICLES Vehicles that contain cooking equipment that produces smoke or grease -laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles. OPERATING PERMIT A permit issued pursuant to section 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. ORDER TO REMEDY An order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 17 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. PMCNYS The 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226. RCNYS The 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220. REPAIR The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. STOP WORK ORDER An order issued pursuant to section 6 of this chapter. SUGARHOUSE 15 A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar. TEMPORARY CERTIFICATE OF OCCUPANCY A certificate issued pursuant to subdivision (d) of section 7 of this chapter. UNIFORM CODE The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law. UNSAFE BUILDING OR STRUCTURE Any building or structure which is structurally unsound; unsanitary; not equipped with adequate ingress or egress; which constitutes a fire hazard; which has become unsafe by reason of damage by fire, the elements, age or general deterioration; which, in relation to an existing use, constitutes a hazard to public health, safety, or welfare by reason of inadequate maintenance, dilapidation, or abandonment; or which is otherwise dangerous to human life. § 80-3 Code Enforcement Officer and Inspectors. (a) 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 of Occupancy, and Operating Permits, and the plans, specifications, and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; (3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter; (4) to issue Stop Work Orders; 16 (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this chapter; (7) to maintain records; (8) to collect fees as set by the Town Board of this Town, (9) to pursue administrative enforcement actions and proceedings; (10) in consultation with this Town'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. (b) The Code Enforcement Officer shall be appointed by the Town Board of the Town of Ulysses. 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 Department of State 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, another individual shall be appointed by the Town Board of the Town of Ulysses to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter. (d) One or more Inspectors may be appointed the Town Board of the Town of Ulysses 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 Department of State pursuant to the Executive Law and the regulations promulgated thereunder. (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town. 17 § 80-4 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 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 Town. (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; (2) construction of temporary sets and scenery associated with motion picture, television, and theater uses; (3) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (4) installation of partitions or movable cases less than T-9" in height; (5) painting, wallpapering, tiling, carpeting, or other similar finish work; (6) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (7) 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 (8) repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the 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. I (d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) a description of the location, nature, extent, and scope of the proposed work; (2) the tax map number and the street address of any affected building or structure; (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 specifications) which (i) describe the location, nature, extent, and scope of the proposed work; (ii) show that the proposed work will conform to the applicable provisions of the Codes; (iii) show the location, construction, size, and character of all portions of the means of egress; (iv) show a representation of the building thermal envelope; (v) show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; (vi) show the proposed structural, electrical, plumbing, mechanical, fire -protection, and other service systems of the building; (vii) include a written statement indicating compliance with the Energy Code; (viii) include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and (ix) evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional's seal which clearly and legibly shows both the design professional's name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional's registration expiration date, the design professional's firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's Certificate of Authorization number. (e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in 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, or in 19 the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (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 6 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 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 provisions 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 18 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. 20 § 80-5 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) structural, electrical, plumbing, mechanical, fire -protection, and other similar service systems of the building; (6) fire resistant construction; (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues, or gas vents; (9) inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole - house ventilation, plumbing heat traps, and high-performance lighting and controls; (10) installation, connection, and assembly of factor manufactured buildings and manufactured homes; and (11) a final inspection after all work authorized by the Building Permit has been completed, a final inspection after all work authorized by the Building Permit has been completed. (c) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in -person inspection when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in -person inspection and 21 the remote inspection shows to the satisfaction of the Code Enforcement Officer or by such authorized Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in -person inspection shall be performed. (d) 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 the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. § 80-6 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, and without regard to whether a Building Permit has or has not been issued for such work, or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. (b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, 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 22 Permit Holder, on the Permit Holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. (d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder, and any other Person performing, taking part in, or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order, other than work expressly authorized by the Code Enforcement Officer to correct the reason for issuing 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 17 (Violations) 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. § 80-7 Certificates of Occupancy and Certificates of Compliance. (a) Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or 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 or Certificate of Compliance. (b) Issuance of Certificates of Occupancy and Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or 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 of Occupancy or Certificate of Compliance. 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 or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or Certificate of Compliance: 23 (1) a written statement of structural observations and/or a final report of special inspections, (2) flood hazard certifications, (3) a written statement of the results of tests performed to show compliance with the Energy Code, and (4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer's data plates as required for factory manufactured buildings and/or manufactured homes. (c) Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate of 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 (if any), address and tax map number of the property; (4) 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; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the occupant load of the assembly areas in the structure, if any; (8) any special conditions imposed in connection with the issuance of the Building Permit; and (9) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. (d) Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate of Occupancy 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 of Occupancy unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire, 24 smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required means of egress from the structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A Temporary Certificate of Occupancy shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate of Occupancy. During the specified period of effectiveness of the Temporary Certificate of Occupancy, 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, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis of incorrect 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 18 (Fees) of this chapter must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy. § 80-8 Notification Regarding Fire or Explosion. The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent. § 80-9 Unsafe Buildings, Structures, and Equipment and Conditions of Imminent Danger. Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town shall be identified and addressed in accordance with the following procedures. A. The reason for the determination that the building, structure or equipment is unsafe shall be made and documented by the Code Enforcement Officer. B. The owner of the building, structure or equipment deemed to be unsafe shall be notified of the determination by regular or certified mail as to the specifics of the determination and notified that the building, structure or equipment shall not be used until the noncompliant issues are remedied and reinspected by the Code Enforcement Officer or Inspector making the original determination. C. Unsafe Structures. In the event that the Code Enforcement Officer has condemned any structure located in the Town as an unsafe structure or a structure unfit for human occupancy pursuant to the applicable sections of the Uniform Code, as subsequently renumbered and/or amended, the 25 Town shall have the following remedies in addition to all remedies set forth in State, local or other applicable law: (1) The Code Enforcement Officer shall report recommendations for repair or demolition of the structure in a written report to the Town Board. (2) The Town Board shall consider the report, and if it decides to proceed, schedule a public hearing. Notice of the public hearing shall be published and provided to the property owner by personal service pursuant to the New York Civil Practice Law and Rules at least 10 days before the date of the hearing. (3) The Town Board may contract with an engineer or architect to inspect the structure and make recommendations to the Town Board. (4) If, after the public hearing, the Town Board determines that the structure can safely be repaired, it may order the property owner to repair the structure within the time frame set forth in the order. If the Town Board determines that the structure cannot safely be repaired, and should be demolished and removed, the Town Board may order such demolition and removal within the time frame set forth in the order. (5) Subject to the provisions of Subsection (6) below, if the property owner fails to repair or demolish and remove the structure within the time period set forth in the Town Board's order, the Town Board may issue a directive that the Town cause the structure to be repaired or demolished and removed, and bill the property owner for the reasonable direct cost of such repair or demolition and removal, plus legal costs and administrative costs of the Town for administering, supervising and handling such work in accordance with the provisions of this chapter. (6) Prior to issuing a directive that the Town cause the structure to be repaired or demolished and removed, the Town shall apply to the Supreme Court of Tompkins County for an order pursuant to this chapter, declaring: (1) that the structure is in need of repair or demolition and removal; (2) that the Town may repair or demolish and remove the structure; (3) determining the cost of such repair or demolition and removal that will be billed to the property owner pursuant to this chapter; and (4) granting a judgment against the property owner in the amount to be billed to the property owner. If the property owner refuses to grant the Town and its representatives access to the structure and the Town is unable to obtain access pursuant to other provisions of law, the Town may seek an order pursuant to this chapter directing the property owner to give the Town and its representatives access to the structure for purposes of determining whether the structure can safely be repaired or should be demolished and removed. (7) If the sum stated in the bill is not paid within 30 days after mailing thereof to the property owner, the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of repair or demolition and removal and administrative costs to the Town, as detailed in the bill, together with a statement identifying the property and property owner. The Tompkins County Department of Assessment shall in the preparation of the next 26 assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ulysses. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation. § 80-10 Operating Permits. (a) Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below: (1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS; (2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows: (i) Chapter 22, "Combustible Dust -Producing Operations." Facilities where the operation produces combustible dust; (ii) Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS; (iii) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop -ripening facility or conducting a fruit -ripening process using ethylene gas; (iv) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one -family dwelling; (v) Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane Structures." Operating an air -supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS; (vi) Chapter 32, "High -Piled Combustible Storage." High -piled combustible storage facilities with more than 500 square feet (including aisles) of high -piled storage; (vii) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant; 27 (viii) Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling; (ix) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse; (x) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270; (xi) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces; (xii) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and (xiii) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food preparation vehicle in accordance with the permitting requirements established by Local Law, as now in effect or as hereafter amended from time to time. (3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS. (4) buildings containing one or more assembly areas; (5) outdoor events where the planned attendance exceeds 1,000 persons; (6) facilities that store, handle or use hazardous production materials, (7) parking garages as defined in subdivision (a) of section 13 of this chapter; (8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town; and (9) other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board of this Town. Any person who proposes 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. W., (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 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. (c) Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, orfacilities listed in paragraphs (1) through (7) of subdivision (a) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with section 11 (Fire Safety and Property Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with section 13 (Condition Assessments of Parking Garages) of this chapter, as applicable. (d) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in -person or remotely. Remote inspections in lieu of in - person inspections may be performed when, at the discretion of the Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the remote inspection can be performed to the same level and quality as an in -person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or Inspector authorized by the Code Enforcement Officer that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Town sufficient information to make a determination, an in -person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that have not been met. (e) 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 their discretion, issue a single Operating Permit to apply to all such activities. (f) Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows: (1) 180 days days for tents, special event structures, and other membrane structures; (2) 60 days days for alternative activities at a sugarhouse; 29 (3) Three (3) years years for the activities, structures, and operations determined per paragraph (9) of subdivision (a) of this section, and (4) One (1) year year for all other activities, structures, and operations identified in subdivision (a) of this section. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer. (g) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. (h) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter 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. § 80-11 Fire Safety and Property Maintenance Inspections. (a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals: (1) at least once every twelve (12) months for buildings which contain an assembly area; (2) at least once every twelve (12) months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and (3) at least once thirty-six (36) months for multiple dwellings and all nonresidential occupancies. (b) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in -person inspections when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in -person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in -person inspection shall be performed. 30 (c) 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 authorized to perform fire safety and property maintenance inspections 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 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. (d) OFPC Inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit, or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator or other authorized entity under Executive Law section 156-e and Education Law section 807-b. (e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter 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. § 80-12 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 chapter, or any 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: (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 31 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 17 (Violations) of this chapter; (c) If appropriate, issuing a Stop Work Order; (d) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 80-13 Condition Assessments of Parking Garages. (a) Definitions. For the purposes of this section: (1) the term "condition assessment" means an on -site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure; (2) the term "deterioration" means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term "parking garage" means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding: (i) buildings in which the only level used for parking or storage of motor vehicles is on grade; (ii) an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and (iii) a townhouse unit with attached parking exclusively for such unit; (4) the term "professional engineer" means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term "responsible professional engineer" means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible 32 professional engineer" shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment. (6) the term "unsafe condition" includes the conditions identified as "unsafe" in section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and (7) the term "unsafe structure" means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. (b) Condition Assessments — general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (c) of this section, periodic condition assessments as described in subdivision (d) of this section, and such additional condition assessments as may be required under subdivision (e) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town, in accordance with the requirements of subdivision (f) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. (c) Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure. (2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows: (1) if originally constructed prior to January 1, 1984, then prior to October 1, 2019; (11) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and (111) if originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021. (3) Any parking garage constructed prior to the effective date of the local law enacting this provision that has not undergone an initial condition assessment prior to that effective date 33 shall undergo an initial condition assessment prior to six (6) months after the effective date of this local law. (d) Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed (3) years. (e) Additional Condition Assessments. (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineerthat an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate. (f) Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town within sixty (60) days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; 34 (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer's recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and (9) the responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment. (g) Review Condition Assessment Reports. The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by Order to Remedy or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. (h) The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with a written statement attesting to the fact that he or she has been so engaged, the Town shall make the previously prepared condition assessment 35 reports for such parking garage (or copies of such reports) available to such professional engineer. The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. (i) This section shall not limit or impair the right or the obligation of the Town: (1) to perform such construction inspections as are required by section 5 (Construction Inspections) of this chapter; (2) to perform such periodic fire safety and property maintenance inspections as are required by section 11 (Fire Safety and Property Maintenance Inspections) of this chapter; and/or (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. § 80-14 Climatic and Geographic Design Criteria. (a) The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following: (1) design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature; (2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and (3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with: (1) the accompanying Flood Insurance Rate Map (FIRM); (ii) Flood Boundary and Floodway Map (FBFM); and 36 (111) related supporting data along with any revisions thereto. (b) The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to subdivision (a) of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public. § 80-15 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 construction documents approved; (3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all condition assessment reports received; (9) all fees charged and collected; and (10) all other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this chapter. (b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. § 80-16 Program Review and Reporting. (a) The Code Enforcement Officer shall annually submit to the Town Board of this Town 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 14 (Record 37 Keeping) of this chapter 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 Town, on a form prescribed by the Secretary of State, a report of the activities of this Town 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, true and complete copies of the records and related materials this Town is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of State. § 80-17. Violations. (a) Orders to Remedy. 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. An Order to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; shall 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; and shall include a statement substantially similar to the following: "The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by [specify date], which is thirty (30) days after the date of this Order to Remedy." The Order to Remedy may include provisions ordering the person or entity served with such Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the 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) Penalties. In addition to such other penalties as may be prescribed by State law, (1) any Person who violates any provision of this chapter or any term, condition, or provision 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 punishable by a fine of not more than $250 per day of violation, or imprisonment not exceeding 15 days, or both; and (2) 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 pay 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 paragraph shall be recoverable in an action instituted in the name of this Town. (d) Injunctive Relief. An action or proceeding may be instituted in the name of this Town, 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, Order to Remedy, 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, Order to Remedy 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 Town, 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 Town Board of this Town. (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 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 section 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, 39 and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 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 section 382 of the Executive Law. § 80-18. Fees. A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule may thereafter be amended from time to time by 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, Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter. § 80-19 Intermunicipal Agreements. The Town Board of this Town may, by resolution, authorize the Mayor of this Town to enter into an agreement, in the name of this Town, 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. Section 4. Remainder Except as hereinabove amended, the remainder of the Code of the Town of Ulysses shall remain in full force and effect. Section 5. Severability The provisions of this Local Law are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 6. Effective Date This Local Law shall take effect immediately upon filing with the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. ADOPTED 112412023 EN 41