HomeMy WebLinkAbout1986 #1(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be 'given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
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ftyof ................................ TOWN . OF GRO .ION..........................................................
Town ......
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Local Law No......................1................................... of the year 19 ...86....
ADMINISTERING & ENFORCING The New York State Uniform Fire & Building
Construction Code As Well As Certain Local Laws of the Town of Groton,
Alocal law ...Tompkins ... Coun.ter.,..N.Y.................................................................................................................................
(Insert title)
Be it enacted by the ..............................................TOWN BOARD .................................................... of the
.......... ......... ..............
(Name of Legislative Body)
u"Y�c
xx� of............................................................. TOWN OF. GROION......................................................as follows:
Town ......... .....
SECTION 1. Designation of Building Official as Public Official
There is hereby designated in the Town of Groton a public official
to be known as the Code Enforcement Officer (CEO), who shall be appointed by
the Town Supervisor with the approval of the Town Board at a compensation to
be fixed by it. Such person shall meet the qualifications for code enforcement
personnel as prescribed in Part 443, Title 19 NYCRR.
SECTION 2. Acting Code Enforcement Officer
In the absence of the Code Enforcement Officer, or in the case of
his inability to act for any reason, the Town Supervisor shall have the power,
with the consent of the Town Board, to designate a person to act in his/her
behalf and to exercise all the powers conferred upon him/her by this Local Law.
The compensation of such Acting Code Enforcement Officer ` shall be fixed by the
Town Board.
SECTION 3. Appointment of Building Inspectors
The Town Supervisor, with the approval of the Town Board, may
appoint one or more building inspectors, as the need may appear, to act under
the supervision and direction of the Code Enforcement Officer and to exercise any
portion of the powers and duties of the Code Enforcement Officer as he/she may
direct. The compensation of such building inspectors shall be fixed by the Town
Board.
( continued on attached sheets)
(if additional space is needed, please attach sheets of the same size as this and number each)'%M
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RECTION 4, Restrictions on Employees
The Code Enforcement Officer, Acting Code Enforcement Officer,
or Building Inspector(s) shall not engage in any activity inconsistent with their
duties, or with the interests of the Town; nor shall they, during the term of
their employment, be engaged directly or indirectly in any building business, in
the furnishing of labor, materials, supplies, or appliances for, or the supervision
of, the construction, alteration, demolition, or maintenance of a building or the
preparation of plans or specifications thereof within the Town of Groton,
excepting that this provision shall not prohibit any employee from engaging in
any such activities in connection with the construction of a building or structure
owned by them for their own personal use and occupancy, or for the use and
occupancy of members of their immediate families, and not constructed for sale.
SECTION 5. Duties & Powers of Code Enforcement Officer
(a) Except as otherwise specifically provided by law, ordinance,
rule, or regulation, or except as herein otherwise provided, the Code
Enforcement Officer shall administer and enforce all of the provisions of the
following laws, ordinances, etc.:
(1) The NYS Uniform Fire Prevention & Building Code
(2) The Town of Groton Land Use Law
(3) The Town of Groton Swimming Pool Ordinance
(4) • Ordinance Regulating and Licensing Junk Yards
(5) Mobile Home Ordinance of .the Town of Groton
and all other laws, ordinances, rules, and regulations applicable to the plans,
specifications, or permits for the construction, alteration, and repair of buildings
and structures., and the installation and use of materials and equipment therein,
and the location, use, and occupancy thereof.
(b) He shall promulgate rules and regulations subject to the approval
of the Town of Groton to secure the intent and purposes of this Law, and a
proper enforcement of the laws., ordinances, rules, and regulations governing
building plans, specifications, construction, alteration, or repairs, building
safety, and land use in the Town of Groton.
(c) He shall receive applications, approve plans and specifications,
and issue permits for the erection and alteration of buildings or structures or
parts thereof and shall examine the premises for which such applications have
been received, plans approved, or such permits have been issued for the purpose
of , insuring compliance with the laws, ordinances, rules, and regulations
governing building construction, alterations, or occupancy.
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(d) He shall be responsible for conducting inspections and maintaining
records as required by Rules and Regulations promulgated by the Secretary of
State as Title 19 of NY CRR , Part 444.
(e) He shall issue, in writing, all appropriate notices or orders
to remove illegal or unsafe conditions, to require the necessary safeguards during
construction, and to insure compliance during the entire course of occupancy with
the requirements of such laws, ordinances, rules, and regulations, and such
notices or orders may be served upon the property owner or his agent
personally, or by sending by certified mail a copy of such order to the owner or
his agent at the address set forth in the building permit application, or as shown
on the tax rolls, and by posting the same upon a conspicuous portion of the
premises to which the notice applies. He shall make all inspections which are .
necessary or proper for the carrying out of his duties, except that he may accept
written reports of inspection from building inspectors or other employees of the
Town, or from generally recognized and authoritative service and inspection
bureaus or agencies, provided the same are certified by a responsible official
thereof.
(f) He shall issue a certificate of occupancy where appropriate
for a building constructed or altered in accordance with the provisions of the
State Building Construction Code which such certificate shall certify that the
building conforms to the requirements of the State Building Construction Code.
SECTION 6. Department Records and Reports
(a) The Code Enforcement Officer shall keep permanent official
records of all transactions and activities conducted by him, including all
applications received, plans approved, permits and certificates issued, fees
charged and collected, inspection reports, all rules and regulations promulgated
by him with the consent of the Town of Groton, and notices and orders issued.
All such records shall be public records open to public inspection during normal
business hours .
(b) The Code Enforcement Officer shall, annually, submit to the
Town of Groton a written report and summary of all business conducted by
him/her, including approvals, permits, and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made, and appeals or
litigation pending or concluded.
SECTION 7. Penalties for Violation
In accordance with Section 383 of Article 18 of the Executive Law
of the State of New York:
(a) It shall be unlawful for any person, firm, or corporation
to construct alter,, repair, move equip, use, or occupy any building or
structure or portion thereof in violation of any provision of law or ordinance, as
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well as any regulation or rule promulgated by the Code Enforcement Officer in
accordance with applicable laws, or to fail in any manner to comply with a notice,
directive, or order of the Code Enforcement Officer, or to construct., alter, use,
or occupy any building or structure or part thereof in a manner not permitted by
an approved building permit or certificate of occupancy.
(b) Any person who shall fail to comply with a written order
of the building official within the time fixed for compliance therewith, and any
owner , builder, architect., tenant., contractor, subcontractor , construction
superintendent, or their agents, or any other person taking part or assisting in
the construction or use of any building who shall knowingly violate any of the
applicable provisions of law, or any lawful order, notice, directive, permit, or
certificate of the building official made thereunder shall be punishable by fine or
imprisonment or both. Each day that a violation continues shall be deemed a
separate offense.
(c) Except as provided otherwise by law, such a violation shall
not be a crime and the penalty or punishment imposed therefor shall not be
deemed for any purpose a penal or criminal penalty or punishment, and shall not
impose any disability upon or affect or impair the credibility as a witness, or
otherwise, of any person found guilty of such an offense.
(d) Any person, having been served, either personally or by
registered mail, with an order to remedy any condition found to exist in, on, or
about any building in violation of the NYS Uniform Fire Prevention and Building
Code who shall fail to comply with such order within the time fixed by the
regulations promulgated by the Secretary of State pursuant to subdivision one of
section three hundred eighty-one of Executive Law, such time period to be stated
in the order, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any other person
taking part or assisting in the construction of any building who shall knowingly
violate any of the applicable provisions of the Uniform Code or any lawful order
of the Code Enforcement Officer or the Town Board of the Town of Groton made
thereunder regarding standards for construction, maintenance, or fire protection
equipment and systems, shall be punishable by a fine of not more than one
thousand dollars per day of violation, or imprisonment not exceeding one year, or
both.
(e) Where the construction or use of a building is in violation
of any provision of the Uniform Code or any lawful order obtained thereunder, a
justice of the Supreme Court at a special term in the judicial district in which the
building is located, may order the removal of the building or an abatement of the
condition in violation of such provisions. An application for such relief may be
made by the secretary, an appropriate municipal officer, or any other person
aggrieved by the violation.
SECTION 8. Abatement of Violation
Appropriate action and
proceedings may be taken at law or in
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equity to prevent unlawful construction or to restrain, correct, or abate a
violation or to prevent illegal occupancy of a building, structure, or premises, or
to prevent illegal acts, conduct, or business in or about any premises and these
remedies shall be in addition to penalties otherwise prescribed by law.
SECTION 9. Adoption of Procedural Rules for the Enforcement of the New York
State Uniform Fire & Building Code
The Town Board is hereby authorized and empowered by Ordinance
to adopt, amend, supplement, change, modify, and repeal procedural rules for
the enforcement of this Local Law.
SECTION 10. Effective Date
This Local Law shall take effect immediately upon filing with the
Secretary of State.
SECTION 11. Partial Invalidity
If any section- of this Local Law shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall not be
deemed to affect, impair, or invalidate the remainder thereof.
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(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. .................. of 19 ........
County
ofthe City of ...................................... was dui passed b the...................................................................................
Town y p y
(Name of Legislative Body)
Village
on ................................................. 19........ in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer ,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No......1.............of 19.8.6..
of theof .........GROT.QN............... was duly passed by the ...........Town..Board........ ........................................
"1 own (Name of. Legislative Body)
Vki
or] ....December..9......................1986... and was approved by the ........SuPerv. �5-QX .......................
Elective Chief Executive Officer
and was deemed duly adopted on ......December..............................19..86. , in accordance with the applicable
provisions of law.
3. (Final adaption by referendum.)
1 hereby certify that the local' law annexed hereto, designated as local law No. .................. of 19..........
County
ofthe city of ...................................... was duly passed by the......................................................................................
Town (Name of Legislative Body)
Village
not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief Txecutive Officer *
on......................................................................19........ Such local law was submitted to the people by reason of a
mandatory .
referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........
in accordance with the app i -
annual
cable provisions of law.
4. (Subject to permissive referendum , and final adoption because no valid petition filed requesting
referendum.)
f
I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19..........
y�
County
ofthe City of ...................................... was duly passed by the................................................................................on z
Town (Name of Legislative Body) F
Village not disapproved
...................................................... 19........ and was approved by the ............................ ..........................on
repassed after disapproval Elective Chief Executive Officer
i
.......................................................... I... Such local law being subject to a permissive referendum and no
19 I
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on '
19 ......... in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected or. a county -wide basis
or, if there be none, the chairman of the county legislative body, the myor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
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5. (Cite local law concerning Charter reg inion proposed by petition.)
I Hereby- certify that the local law annexed hereto, designated as local law No.. .................... of 19........
of the City of.......................................................................... having been submitted to referendum pursuant tot e
provisions of § 36 of the ;iunicipal ILIme Rule Law, and laving received the affirmative vote of a majority
§ 37
of the qualified electors of such city noting thereon at the special election held on ..................................
general
................19 ............ became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No....... of 19.,.... of the
County of ......................................... State of New York, having been SUbinitted to the Electors at the
General Election of November ........... 19 .........., pursuant to subdivisions 5 and 7 Of Section 33 of the NIUni-
cipal Hoene Rule Law, and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ........2 .................. above.
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Clerk of the County legislative body, City, Town or Village Clerk or
officer designated by local legislative body
Date: December 9, 1986
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ........ TOM.PKIN S .........................
I, the undersigned, hereby certify that the foregoin loc
proper proceedings have been had or taken for the e actmeo
Date: December 9, 1986
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for F
law contains the correct text and that all
the to 1 law annexed hereto.
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LD... TAYLOR. &. POMEROY .. , .. , .
Signature
ORNEYS .................
Title
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G X of ..........GROT.ON
.... ............................................
Town ....
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