Supervisor wants codes refund

NORWICH – In a dispute over re-roofing permit fees, Town of Norwich Supervisor David C. Law threatened Wednesday to hire a code enforcement officer for his town instead of using Chenango County’s codes department.
Waving a handful of building permits representing thousands of dollars that he has signed this year, including for such hefty projects as the Wal-Mart Superstore and Lowe’s, Law said his town board and constituents take issue with the particular $25 fee because it is not part of the county’s 1988 Local Codes Law. He made a motion at a meeting of the Safety & Rules Committee Wednesday to refund the fee that was “unlawfully” charged to 13 of the town’s taxpayers.
“That sounds like a threat,” Committee Chairman Alton B. Doyle, R-Guilford, said.
Law said his town board is “adamant” about the issue and people who need to “be refunded now.”
“If that is not in effect, we will drop out of Chenango County Code Enforcement and have our own or go in with Greene. We don’t approve of all these codes. The next thing you’ll hear is you are going to have to have a permit to paint your house.”
Law’s complaint stems from a discrepancy between the 1988 law and a revised fee schedule that was approved by the Chenango County Board of Supervisors in 2004. The fee for non-structural roof replacement was included in the schedule to comply with the federal government’s International Codes Law. New York State recommended adopting the measure back in 2003.
The matter, which Law brought to the attention of lawmakers last month, had been referred to County Attorney Richard E. Breslin for advice in the interim. In a Nov. 14 statement issued to Public Health Director Marcus Flindt, Breslin said a 2007 Local Law for codes needs to be adopted in January, but county leaders have the option of exempting re-roofing if no new structure is involved.
“We can refund people on this issue, but it is ultimately up to this committee and the board to decide what obligation we have,” Flindt said. “We administer the policies that you set.”
Chenango County Code Enforcement Officer Bruce Bates argued last month that the county couldn’t be less stringent than state code regulations that call for a permit when re-roofing. “It’s the cheapest fee that we have. It saves the homeowner headaches down the road. Roofing is one of the biggest areas of fraud to the homeowner. Contractors have weaseled through crappy jobs,” he said.
“If you are going to say that we are not in the business of enforcing this, then I’ll have to tell at least six people that I can’t help them with their roofing problems anymore, and two of those are already going to trial.”
Flindt explained that the state considers the issue one of safety as the “weight of the new roof could be more than the original structure can handle.”
With Law’s motion still on the floor, Town of Coventry Supervisor Janice O’Shea asked the committee what it would do with permits issued to other towns. “What will it cost us to have to refund everybody?”
Bates said re-roofing permit fees were collected when the board adopted the new permit fee schedule, and he didn’t know what the total reimbursement figure for collections made countywide would be.
After Chairman Doyle called for a second, and none was issued, Law’s motion died on the floor.
“We have to see the numbers on this and how far back they go before this committee can make any decision,” Doyle said.
Flindt said, “From a strictly legal and administrative standpoint, I think we ought to look at refunding that money.” Flindt was directed to determine the amount owed as well as to create a resolution that would authorize a new local codes law.
During the nearly hour-long discussion of creating new local codes law for next year, Town of Columbus Supervisor George G. Coates questioned the legality of exempting a portion of state law. “What other portions of New York state law are you going to change?” he asked.
“You would be opening up Pandora’s Box,” Doyle said.
Fee revenues are used to afford the county’s Code Enforcement Department building inspectors and code officers.

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