LL 07 Amend Code Fire Prev Building Construction Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASNINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
'ttxt Cf law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
06"Y3K
O#X of Oueenshur
Town Y
VAIW
Local Law No. 7
...............................I............... of the year 19 .92..
A local law .To••Amend The Code Of The Town of Queensbury Chopter 88, Entitled
.. .. . ............................................. ......................................................(Insert Title) �......... ••••••-••••..-....
"Fire Prevention & Building Construction"
Be it enacted by the Town Boord
.. ........ ... . .....................................................................................of the
(Name of Legislative Body)
(%4W
orvx
Townof ..............nueenshurY..................................................................................' ..........................as follows:
SECTION 1 . Chapter 88 of the Code of the Town of Queensbury,
Section 88-4, Paragraph B, is hereby amended to read as follows :
B. Purpose. The purpose of this Department is for the
administration and enforcement of the provisions of all laws,
ordinances, rules, regulations and orders applicable to the
location, design, materials, construction, alteration, repair,
equipment, maintenance, use, occupancy, removal and demolition
of buildings, structures' and appurtenances located in the
town, with the exception of administration of the Zoning
Ordinance of the Town of Queensbury which shall be
administered by an officer or employee who is designated by
the Town rBoard of the Town of Queensbury as the Zoning
Administrator, as provided for herein. The Department of
Building and Codes shall continue to be charged with the duty
to enforce said Zoning Ordinance but shall not assume the
duties assigned to the Zoning Administrator, other than as
expressly set forth herein. Nothing herein shall be deemed to
prevent the assignment or delegation of the duties,
responsibilities and/or authority of the Zoning Administrator
to any officer or employee of the Department of Building and
Codes.
SECTION 2 . Chapter 88 of the Code of the Town of Queensbury,
Section 88-6, is hereby amended to add and delete provisions or
parts thereof as follows :
S 88 . 6 Zoning Administrator.
A. The Town Board of the Town of Queensbury does hereby
acknowledge establishment of the position of Zoning
(If additional space is needed, attach pages the same size as this sheet, and number each.).
(1)
DOS•239 (Rev. 7/90)
Administrator, which administrator has and shall continue to
have the duty and responsibility of administrating and
enforcing the Zoning Ordinance of the Town of Queensbury and
making such orders, requirements, decisions or determinations
as may be necessary to carry out said duties and
responsibilities .
B. The position and duties, responsibilities and authority of
Zoning Administrator may be assigned or delegated by the Town
Board of the Town of Queensbury to any qualified employee or
officer of the Town. The position of Zoning Administrator and
accompanying duties, responsibilities and authority may be
assigned or delegated to any Town officer or employee
simultaneously with or in addition to any other duties and
responsibilities or authority that that individual officer or
employee may hold. The Town Board may, but shall not be
obligated to, grant additional compensation or alter or change
the affected officer' s or employee's duties or
responsibilities as a result of the additional zoning
administration duties, responsibilities or authority delegated
or assigned to the officer or employee. In addition to the
foregoing, in the event that the Town Board determines it
shall be necessary, the position and duties, responsibilities
and authority of Zoning Adminstrator may be assigned to an
officer or employee or a person whose sole duties will be that
of full-time or part-time Zoning Administrator. The Town
Board may also appoint such other employees as may be deemed
necessary to assist in carrying out the functions of the
Zoning Administrator. Compensation of such other and further
additional employees shall be fixed by the Town Board.
C. The position of Zoning Administrator and the duties,
responsibilities and authority incidental thereto shall be
vested in any particular officer or employee at the pleasure
of the Town Board and such position of Zoning Administrator
maybe revoked or reassigned to other officers or employees as
deemed appropriate by the Town Board.
D. In the absence of the Zoning Administrator or in the case of
his inability to act for any reason, the Town Supervisor shall
have the power, with the consent of a majority of the Town
Board, to designate a person to act on behalf of the Zoning
Administrator and to exercise all of the power conferred upon
him by this chapter.
SECTION 3 . Chapter 88 of the Code of the Town of Queensbury,
Section 88-7, paragraph C is hereby amended to delete subparagraphs
(2) , (3) and (4) as follows :
C. Zoning Administrator.
( 1) Except as otherwise provided by law, ordinance, rule or
regulation, the Zoning Administrator shall administer and
2
enforce the Zoning Ordinance of the Town of Queensbury.
The Zoning Administrator's duties and responsibilities
shall consist of the following:
(a) Reviewing all applications for variances, permits
or other types of approvals requested of or
required by the Zoning Board of Appeals and/or the
Planning Board of the Town of Queensbury.
(b) Reviewing all building permits and signs permits to
determine compliance with the Zoning Ordinance of
the Town of Queensbury.
(c) Making decisions, orders, requirements or
determinations as to the applicability of the
Zoning Ordinance of the Town of Queensbury.
(d) Keeping appropriate records of any orders,
requirements, determinations or decisions made.
(e) Attending meetings of the Zoning Board, Planning
Board and Town Board when appropriate.
( f) Making site visits when appropriate.
SECTION 4 . Chapter 88 of the Code of the Town of Queensbury,
Section 88-8 is hereby amended to read as follows:
588-8. Powers and duties of assistants and deputies .
The Assistant Building Inspectors, Code Enforcement Officers and
Deputy Fire Marshal(s) provided for herein shall have any or all of
the authority, powers, duties and responsibilities of the Director
of Building and Code Enforcement or Fire Marshal, as may be
assigned or delegated by the respective Director or Fire Marshal
and with the consent of the Town Board when required herein, or by
the Town Board by local law.
SECTION 5. Chapter 88 of the Code of the Town of Queensbury,
Section 88-24, is hereby amended to read as follows :
S 88-24. Penalties for offenses .
A. Violations; procedures for correction; appearance tickets;
summons and complaints; fire lane and parking violations .
( 1) It shall be unlawful for any person, firm or corporation
to construct, alter, repair, remove, move, demolish,
equip, use, occupy or maintain any building or structure
or portion thereof in violation of any of the provisions
of this chapter or fail in any manner to comply with any
notice, directive or order of the Director of building and
( 3 )
Code Enforcement, Fire Marshal and/or Zoning Administrator
and/or their authorized assistants or deputies or to
construct, alter or use and occupy any building or
structure or part thereof in a manner not permitted by an
approved building permit, use permit, plumbing permit or
certificate of occupancy.
(2) Any individual, partnership, corporation or other firm
owning, operating, occupying or maintain property or
premises within the scope of the Uniform Code or this
chapter shall comply with all the provisions of the
Uniform Code, this chapter and all orders, notices, rules,
regulations or determinations issued in connection
therewith.
(3) Whenever it is found that there has been a violation of
the Uniform Code, this chapter or any rule or regulation
adopted pursuant to this chapter, a violation notice
and/or appearance ticket or summons and complaint may be
issued to the person, individual, partnership or
corporation owning, operating or maintaining the premises
in which such violation has been noted.
(4 ) Violation notices shall be in writing, shall identify the
property or premises, shall specify the violation or
remedial action to be taken and shall provide that said
violation must be corrected within ten ( 10) days from the
receipt of said violation notice unless said ten-day
period shall be modified in the discretion of the
enforcement officer issuing such violation notice or
unless a shorter period of time has been prescribed for
in this chapter.
(5) Violation notices and other orders or notices referred to
in this chapter shall be served on the owner or one ( 1)
of the owner's executors, legal representatives, agents
or lessees, any tenant or other person occupying the
premises or other person having a vested or contingent
interest in the premises, either personally or by
certified mail, addressed to the last known address, if
any, of the owner or one ( 1) of the owner's executors,
legal representatives, agents, lessees or other persons
have a vested or contingent interest in the same, as shown
by the last preceding completed record of the Receiver of
Taxes or in the office of the County Clerk.
(6) Appearance tickets/summons and complaints . The Director
of Building and Code Enforcement, Fire Marshal and/or
Zoning Administrator and/or their authorized assistants
or deputies shall have the authority, pursuant to the
Criminal Procedure Law, to issue an appearance ticket or
summons and complaint, subscribed by him, directing a
designated person to appear in court at a designated time
in connection with the commission of a violation of this
chapter or any order made thereunder.
(4
' B. Penalties . Any person who shall fail to comply with a written
order of the Director of Building and Code Enforcement, Fire
Marshal and/or Zoning Administrator and/or their authorized
assistants or deputies within the time fixed for compliance
therewith and any owner, builder, architect, tenant,
contractor, subcontractor, plumber or construction
superintendent, or their agents, or any other person taking
part or assisting in the construction or use of any building
who shall violate any of the applicable provisions of this
chapter or any lawful order, notice, directive, permit or
certificate of the Director of Building and Code Enforcement,
Fire Marshal and/or Zoning Administrator and/or their
authorized assistants or deputies made thereunder or any
person who shall violate any provision of this chapter, the
Uniform Code, any rules or regulations adopted pursuant to
this chapter or who shall violate or fail to comply with any
order made thereunder or who shall build in violation of any
detailed statement of specifications or plans submitted and
approved thereunder or any certificate or permit issued
thereunder, in addition to any other penalties provided for in
this chapter, shall be guilty of an offense punishable by a
fine of not more than one thousand dollars ($1,000. ) or by
imprisonment for not more than one ( 1) year, or both; and each
day such violation continues shall constitute a separate
violation. The imposition of such penalty shall not be held
to prohibit the enforced removal of prohibited conditions by
any appropriate remedy, including immediate application for an
injunction.
C. A civil action or proceeding in the name of the Town of
Queensbury, New York, may be commenced in any court of
competent jurisdiction to compel compliance with or restrain
by injunction the violation of any provision of the Uniform
Code, this chapter, any rule or regulation adopted pursuant to
this chapter or a violation of any order to vacate the
occupancy or building in the case of imminent danger to life
or property. Such remedy shall be in addition to penalties
otherwise prescribed by law and may be commenced by the
Director of Building and Code Enforcement, Fire Marshal and/or
Zoning Administrator and/or their authorized assistants or
deputies with the consent of a majority of the Town Board.
SECTION 6 . Effective Date.
In accordance with the provisions of Municipal Home Rule Law
Section 27 and Town Law Section 265, this Local Law shall take
effect upon the occurrence of the later of: ( 1) the filing of the
same with the office of Secretary of State or (2) Ten ( 10) days
after such Local Law and Zoning amendments or notice thereof, as
may be required by state and/or local law, is published in the
official newspaper of the Town of Queensbury and duly posted,
except that the 10 day waiting period shall not apply against any
person served personally with a copy thereof in accordance with
Town Law Section 265.
(5)
-ry-c3 w the ining of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 7, of 1992
of the W0)4W ()()4PVXTown}(CMalghWf Pueenshury was duly passed by the
Town Boord on July 15th, 19 Y-, in accordance with the applicable provisions of law.
(Name of LegislativeBody)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19_
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapprove d)(repassed after
Name of Legislative ody
disapproval) by the and was deemed duly adopted on 19
active hie Executive fficer
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certifv that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was subject to
Elective Chief Executive Officer') ._�
permissive referendum and no valid petition requesting such referendum was filed as of 19�
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(6)
5. (City local law concerning Charter revision 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 to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
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 submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home 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 appropritate certification.)
I further certify that 1 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 I , above.
r �
-Merk of the County Ieg—islativvabody,City,Town or ViPACe er
or officer designated by local legilsative body
(Seal) Date: July 77, 7992
(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 Warren
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
ure
Title
of Dueensbury
Town
VAloge
Date:
(7)