[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Port 2-8-1983 by L.L. No. 1-1983;[1] amended in its entirety 7-30-2007 by L.L. No. 4-2007.
Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 3.
Alarm systems — See Ch. 45.
Unsafe buildings — See Ch. 63.
Land development — See Ch. 100.
Property maintenance — See Ch. 117.
Subdivision of land — See Ch. 137.
Swimming pools — See Ch. 140.
Zoning — See Ch. 161.
[1]
Editor's Note: This local law comprised former
Art. I, General Provisions. Former Art. II, Duties of Building Inspector
and Deputy, adopted 10-11-1988 by L.L. No. 4-1988, was repealed 9-13-1989
by L.L. No. 16-1989.
When used in this chapter, the following terms
shall have the meanings indicated:
As applied to a building or structure, the change or rearrangement
of the structural parts, the exit facilities, or any enlargement,
whether by extending on any side or by increasing in height, or the
moving from one location to another. It does not include ordinary
repairs or maintenance.
The State Energy Conservation Construction Code and the State Uniform Fire Prevention and Building Code, as currently in effect and as they may be hereafter amended from time to time, this chapter, Chapter 161 of this Code and all other applicable provisions of this Code, and other laws, rules, ordinances and regulations governing building construction and land use, including but not limited to all duly authorized and issued orders, rules, directives and other notices by the Building Inspector pursuant to said chapters, Code, laws, rules, ordinances and regulations.
An individual licensed by the state to practice the profession
of architecture.
A combination of materials to form a construction that is
adapted to permanent or continuous occupancy for public, institutional,
residence, business or storage purposes; the term "building" shall
be construed as if followed by the words "or part thereof." Although
sometimes used simultaneously for clarity, building is included within
the meaning of the broader term of structure.
A permit issued pursuant to § 84-8 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 84-15B of this chapter.
A certificate issued pursuant to § 84-15A of this chapter.
An order issued by the Building Inspector pursuant to § 84-14 of this chapter.
Although sometimes used simultaneously for clarity, construction
includes the erection, enlargement, alteration, removal, improvement,
demolition and conversion of any structure and the installation of
elevators, dumbwaiters, oil or gas burners and central air-conditioning
appliances and equipment.
State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An individual licensed by the state to practice as a professional
engineer.
An Assistant Building Inspector appointed pursuant to § 84-4A(4) of this chapter.
Equipment, appliances or materials included in a list published
by a nationally recognized testing laboratory, inspection agency or
other organization concerned with product evaluation that maintains
periodic inspection of production of listed equipment, appliances
or materials, and whose listing states either that the equipment,
appliances or material meets nationally recognized standards or has
been tested and found suitable for use in a specified manner. The
means for identifying listed equipment, appliances or materials may
vary for each testing laboratory, inspection agency or other organization
concerned with product evaluation, some of which do not recognize
equipment, appliances or materials as listed unless they are also
labeled. The authority having jurisdiction shall use the system employed
by the listing organization to identify a listed product.
A permit issued pursuant to § 84-20 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.
The person to whom a building permit has been issued.
An order issued pursuant to § 84-14B of this chapter.
Any construction or any production or piece of work artificially
built up or composed of parts joined together in some definite manner,
including but not limited to buildings, cesspools, fences, gaseous
and liquid storage tanks, retaining walls and septic tanks.
A certificate issued pursuant to § 84-17 of this chapter.
The State Uniform Fire Prevention and Building Code, as currently
in effect and as hereafter amended from time to time.
The Uniform Code and the Energy Code are hereby
made applicable within the Village.
The provisions of this chapter shall apply to
the administration and enforcement of applicable laws within the Village.
A.
Appointment and qualifications.
(1)
The Board of Trustees shall appoint a Building Inspector who shall have the duties described in Subsection B. The Building Inspector shall have general knowledge and background experience with regard to:
(2)
Within the time prescribed by law, the Building Inspector
shall obtain such basic training, in-service training, advanced in-service
training, and other training as the state shall require for code enforcement
personnel, and shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
(3)
In the event that the Building Inspector is unable
to serve as such for any reason, an individual shall be appointed
by the Board of Trustees to serve as Acting Building Inspector. The
Acting Building Inspector shall, during the term of his appointment,
exercise all powers and fulfill all duties conferred upon the Building
Inspector.
(4)
The Board of Trustees may, in addition, appoint one
or more Assistant Building Inspectors who shall possess the same qualifications
as the Building Inspector and whose duties shall be as the Board of
Trustees and/or the Building Inspector may direct in the exercise
of the powers and fulfillment of the duties conferred upon the Building
Inspector by this chapter. Accordingly, as directed by and under the
supervision of the Building Inspector, an Assistant Building Inspector
may exercise all of the powers of the Building Inspector as his authorized
agent. Each Assistant Building 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 Assistant Building
Inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
B.
Duties and powers. The Building Inspector shall have
the following duties and powers:
(1)
Except as otherwise specifically provided by applicable
law, administer and enforce applicable law with regard to the construction,
alteration, repair, removal and demolition of buildings and structures,
including plumbing and drainage work therein, and the installation
and use of materials and equipment therein and the location, use,
occupancy and maintenance thereof within the Village for which permits
have been granted pursuant to this code by the Building Department
or any board, committee, or authorized official of the Village;
[Amended 10-10-2019 by L.L. No. 13-2019]
(2)
To receive and examine and approve, approve with modifications
or disapprove, within a reasonable time after receipt thereof, applications
for building permits, certificates of occupancy, certificates of compliance,
temporary certificates and operating permits and the plans, specifications
and construction documents submitted with such applications, and shall
examine the premises for which such applications have been received
or such permits have been issued for the purpose of ensuring compliance
with applicable law;
(3)
Upon approval of such applications, to issue building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits and to include in building permits,
certificates of occupancy, certificates of compliance, temporary certificates
and operating permits such terms and conditions as the Building Inspector
may determine to be appropriate;
(4)
To receive and examine and approve, approve with modifications
or disapprove, within a reasonable time after receipt thereof, applications
to install any new plumbing or drainage work in a building or structure
or to extend or alter any existing plumbing or drainage work, whether
such work is to be connected with a sewer or not;
(5)
To conduct construction inspections, inspections to
be made prior to the issuance of certificates of occupancy, certificates
of compliance, temporary certificates and operating permits, firesafety
and property maintenance inspections, inspections incidental to investigation
of complaints and all other inspections required or permitted under
any applicable law;
(6)
To issue orders and directions pursuant to applicable
law;
(7)
To maintain records;
(8)
To pursue administrative enforcement actions and proceedings;
(9)
In consultation with the Village's general counsel,
to pursue such legal actions and proceedings as may be necessary to
enforce applicable law or to abate or correct conditions not in compliance
with applicable law;
(10)
On complaint or other information, to examine existing
and completed buildings and structures, as well as buildings and structures
under construction, and to issue appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during the construction and to ensure compliance during the entire
course of construction with applicable law. He shall make all inspections
which are necessary or proper for the carrying out of his duties,
except as he may accept written reports of inspection from other employees
of the Village or from generally recognized and authoritative service
and inspection bureaus, provided that the same are certified by a
responsible official thereof.
(11)
To have tests performed in the field by experienced,
professional persons or by accredited and authoritative laboratories
and/or service bureaus or agencies whenever he finds it necessary
or appropriate to assure compliance with applicable law;
(12)
To
suspend or revoke a certificate of occupancy issued under the provisions
of this code wherever the certificate is issued in error, or on the
basis of material incorrect information supplied in the application
for the permit, or where it is determined that the building or structure
or portion thereof is a significant violation of any ordinance or
regulation or any of the provisions of this code that would substantially
affect the health or safety of persons within or near the building
or other structure. In the event a certificate of occupancy is suspended
or revoked in accordance with this subdivision, in addition the owner’s
statutory right to appeal the determination to the Village Board of
Appeals, it may appeal the decision to the Board of Trustees, which
may affirm, reverse, or modify such suspension or revocation, and
impose such conditions as it deems appropriate.
[Added 8-29-2023 by L.L. No. 14-2023[1]]
[1]
Editor's Note: This local law also renumbered former Subsection
B(12) as Subsection B(15).
(13)
To
order that a building be vacated and not occupied because such occupancy
is unsafe. Such order may provide for occupancy solely for the purpose
of identifying the work required to make the occupancy safe and for
the purpose of performing the work required to make the occupancy
safe and may require certain work to be performed to protect individuals
from entering or being in close proximity to the building while it
is unsafe by such actions as, but not limited to, boarding closed
all access points to the building and erecting a fence or fences.
[Added 8-29-2023 by L.L. No. 14-2023]
(14)
To
order that a structure that is not safe because it is not stable or
in good condition to be repaired or removed. Such order may require
certain work to be performed to protect individuals from being on
or in close proximity to the structure while it is unsafe by such
actions as, but not limited to, erecting a fence or fences.
[Added 8-29-2023 by L.L. No. 14-2023]
(15)
To exercise such other powers and fulfill all other
duties conferred upon the Building Inspector by this chapter.
Subject to such constitutional limitations as
may be applicable, the Building Inspector and/or his designees are
hereby authorized and shall have the right, upon the showing of proper
credentials, when requested, and in the discharge of his duties, to
enter upon any building, structure or premises at any reasonable hour,
and no person shall interfere with or prevent such entry.
A.
Recordkeeping.
(1)
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by all Building
Inspector personnel, including records of:
(a)
All applications received, reviewed and approved
or denied;
(b)
All plans, specifications and construction documents
approved;
(c)
All building permits, certificates of occupancy,
certificates of compliance, temporary certificates, stop-work orders,
and operating permits issued;
(d)
All inspections and tests performed;
(e)
All statements and reports issued;
(f)
All complaints received;
(g)
All investigations conducted; and
(h)
All other activities specified in or contemplated
by this chapter.
(2)
All such records shall be public records open for
public inspection during normal business hours of the Village. 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.
B.
Program review and reporting.
(1)
The Building Inspector shall annually submit to the Board of Trustees a written report and summary of all business conducted by the Building Inspector and the Inspectors, including a report and summary of all transactions and activities described in Subsection A and a report and summary of all appeals or litigation pending or concluded.
(2)
The Building Inspector shall annually submit to the
Secretary of State, on behalf of the Village, on a form prescribed
by the Secretary of State, a report of the activities of the Village
relative to administration and enforcement of the Uniform Code.
(3)
The Building Inspector shall, upon request of the
Department of State, provide to the Department of State, from the
records and related materials the Village is required to maintain,
excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of the Village in connection with administration
and enforcement of the Uniform Code.
The Building Inspector may request, so far as
may be necessary in the discharge of his duties, the assistance and
cooperation of the Village Police Department and other municipal officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
A.
Building permits required. Except as otherwise provided in Subsection B, 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 Building Inspector.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of swings and other playground equipment
associated with a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(2)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of partitions or movable cases less than
five feet nine inches in height;
(4)
Painting, wallpapering, tiling, carpeting or other
similar finish work;
(5)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances;
(6)
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
(7)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing
wall, partition or portion thereof or of any structural beam or load-bearing
component;
(b)
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
(c)
The enlargement, alteration, replacement or
relocation of any building system; or
(d)
The removal from service of all or part of a
fire protection system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
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 Building Inspector. The application shall
be signed by the owner of the property where the work is to be performed.
The application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector
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 land on which the proposed work
is to be done, including the lot number or street number of the premises
and the section, block and lot designation on the Nassau County Land
and Tax Map and the use district in which the land is located.
(2)
A statement of the use or occupancy of all parts of
the land and the proposed building structure and the maximum occupancy
of each floor and live load on each floor, including the occupancy
classification of any affected building or structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the
applicant and the names and addresses of their officers if any of
them are corporations.
(5)
A brief description of the nature of the proposed
work.
(6)
An application to demolish shall give the full name
and address of the person who is to do the work.
(7)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code.
(8)
At least two sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by an architect or engineer, when
required by the Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
(e)
Where applicable, include a site plan. All site
plans shall be drawn to scale and shall show:
[1]
The location, size and dimensions of the site;
[2]
The location, size and dimensions of all existing
and proposed buildings and structures on the site;
[3]
The location, size and dimensions of all existing
and proposed wells or septic systems;
[4]
The location of the intended work;
[5]
The distances between the buildings and structures
and the lot lines; and
[6]
The front yard setbacks of all existing buildings
within 200 feet on each side of the site.
(9)
The plans shall be drawn to scale and shall show all
necessary details of all structural, mechanical, electrical, and plumbing
work to be performed.
(10)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
(11)
All plans and specifications for the construction
of a structure which has or shall have, upon completion of the proposed
work, a total floor area in excess of 100 square feet shall bear the
seal and signature of an engineer. In the event that, in the discretion
of the Building Inspector, such construction does not require complicated
calculations to confirm the structural integrity of the proposed construction,
the seal and signature of an architect upon the plans and specifications,
in lieu of an engineer, shall be sufficient.
(12)
Each application for a building permit shall be accompanied
by duplicate surveys of the property by a licensed land surveyor,
which show all existing buildings and other structures, including
for clarification, but not limitation, fences, walls and air-conditioning
units; front, side, and rear yard setbacks of the buildings closest
to the respective property lines; and such other information as may
be required by the Building Inspector. The Building Inspector shall
have the power to waive or modify the survey requirements to the extent
that they are not required because of the nature of the proposed work.
(13)
Such other information as may reasonably be required
by the Building Inspector and other Village officials to establish
the compliance of the proposed work with the requirements of applicable
law.
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 Subsection D. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector, 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 Building Inspector. 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.
Applications shall be made by the owner, lessee, or
agent of either, or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner that the proposed work is authorized by the owner and
that the applicant is authorized to make such application.
G.
If the application contemplates the moving of an existing
building or structure from one location to another, it shall be accompanied
by a description of the method to be used and a statement of the route
to be followed. Permits from the applicable state, county, town and/or
Village authorities shall be submitted at the time of making application
for the permit.
H.
The Building Inspector shall require a separate application
to be filed for an elevator or dumbwaiter installation, but in case
such separate application is filed by the same applicant in connection
with and relating to an application to construct or alter a building
or structure, it shall not be necessary to duplicate the affidavit
attached to or information contained in the application to construct
or alter.
I.
Whenever the plans accompanying an application are
for a structure which, in the opinion of the Building Inspector, is
of complex design, the Building Inspector shall require the applicant
to file an affidavit, signed by an architect or engineer, certifying
that the plans and specifications comply with the provisions of this
chapter in force on the date of the application. In such case, the
Building Inspector may, at his discretion, employ an architect or
engineer to examine the plans. The applicant shall pay that portion
of the cost of such examination as from time to time determined by
the Board of Trustees, and such portion shall be added to such permit
fee and paid by the applicant before the permit shall be issued. In
the event that the Building Inspector employs an architect or engineer
under the provisions of this subsection, the Building Inspector may
rely upon the advice of such architect or engineer as to whether such
plans and specifications comply with this chapter.
J.
Whenever the plans accompanying an application are
for a structure which, in the opinion of the Building Inspector, is
of complex design, the Building Inspector may, at his discretion,
issue the permit subject to the condition that an architect or engineer
whose qualifications are acceptable to him (and who already may be
employed by the owner or builder) be employed by the owner or builder
to supervise all work done under the permit, to see that the work
conforms to the approved plans and the specifications and, forthwith
upon its completion, to make and file with the Building Inspector
an affidavit or affidavits that he or they have complied with all
of the inspection requirements of this chapter and that the work has
been carried out according to the approved plans and specifications
and in accordance with the provisions of this chapter. In such case,
the Building Inspector may rely upon such affidavit or affidavits
as evidence that such structure conforms substantially to the approved
plans and specifications and the requirements of this chapter applying
to structures of its class and kind.
K.
Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with the Building
Inspector prior to the commencement of such change of work, subject
to the approval of the Building Inspector.
L.
No building permit shall be issued for or in connection
with any premises until the applicant for said permit shall have received
the approval of a site or topographical map providing for drainage
facilities and drainage so as to ensure adequate protection for the
surrounding areas, except in those instances where the Building Inspector
deems, due to topography, that it is not necessary. Said topographical
map shall include all factors which are material, i.e., surface drainage,
existing structures, future development, elevations of surrounding
areas, actual and potential capacities of all stormwater basins and
pools and the sizes thereof. Said topographical survey shall be submitted
to the Building Inspector after the necessary approvals shall have
been obtained from the Nassau County Department of Public Works in
accordance with the requirements of the General Municipal Law, if
required.
M.
No building permit shall be issued for or in connection
with any premises until the applicant for said permit shall have received
such approval of the proposed construction or alteration as may be
required by other governmental or municipal agencies, e.g., Occupational
Safety and Health Act, Nassau County Board of Health, Nassau County
Fire Marshal's office. A copy of such approval shall be stamped or
endorsed on a copy or copies of the plan filed with the application
for the building permit.
N.
Without the approval of the Board of Trustees, no
building permit shall be issued for a new single-family dwelling on
a lot or parcel of land (the "premises") on which an existing single-family
dwelling exists until the existing single-family dwelling is demolished.
In determining whether or not to grant such approval, the Board of
Trustees may consider: the size, location, topography and landscaping
of the premises; the location of the existing dwelling and of the
proposed new dwelling; whether the proposed new dwelling could be
built without first demolishing the existing dwelling and still provide
for all of the construction vehicles to be stored on the premises
without adversely impacting the Village roads or the adjacent properties;
the estimated length of time for the new construction; and whether
or not there are any other foreseeable adverse impacts upon the immediate
neighbors, the community or the Village as a whole by the grant of
such application. In the event that, in its sole discretion, the Board
of Trustees determines to grant such approval, such approval may be
conditioned upon: the immediate termination of the certificate of
occupancy for the existing dwelling after a specific period of time
and/or the occurrence of specific events; the posting of a cash bond
or letter of credit to attempt to assure compliance; liquidated damages
in the event that the applicant fails to comply with the conditions
of the grant; the execution of a declaration of covenants and restrictions
in order to attempt to assure compliance and to give notice of the
conditions imposed upon the applicant and the premises to prospective
grantees; and/or any such other conditions as the Board of Trustees
may deem appropriate to protect the health, safety and welfare of
the immediate neighbors, the community and/or the Village as a whole.
O.
Demolition permits.
(1)
No building permit for demolition, hereinafter sometimes
referred to as a "demolition permit," shall be issued if such permit
is for the demolition of all or substantially all of a principal structure
on a lot until the applicant has first received either:
(a)
A permit for the construction of a new principal
structure on said lot;
(b)
A permit for the alterations which must necessarily
be completed to once again make the structure substantially habitable;
or
(c)
A landscape plan, which shall include but not
be limited to landscaping, grading and stormwater retention, approved
by the Village's Architectural and Preliminary Site Review Board.
[Amended 11-20-2017 by L.L. No. 6-2017]
(2)
As used in this subsection, "substantially all" shall
mean that, in the opinion of the Building Inspector, the demolition
will make the structure substantially uninhabitable during and/or
after the completion of the demolition.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and the documents filed therewith to ascertain whether the proposed
work is in compliance with applicable law. He shall approve or disapprove
the application within a reasonable time. The Building Inspector shall
issue a building permit if the proposed work is in compliance with
applicable law.
B.
Upon approval of an application for a permit and upon
acknowledgement from the Village Clerk that the requisite fee for
the permit fees has been paid by the applicant, the Building Inspector
shall issue a permit to the applicant upon the form prescribed by
him and shall affix his signature or cause his signature to be affixed
thereto.
C.
Upon approval of an application for a building permit,
both sets of plans and specifications shall be endorsed with the word
"approved." One set of such approved plans and specifications shall
be retained in the files of the Building Inspector and the other set
shall be returned to the applicant, together with the building permit,
and shall be kept at the building site open to inspection by the Building
Inspector at all reasonable times.
D.
Upon approval of an application for a building permit
with modifications, both sets of plans and specifications shall be
endorsed with the words "approved with modifications." One set of
such approved plans and specifications shall be retained in the files
of the Building Inspector and the other set shall be returned to the
applicant, together with the building permit, and shall be kept at
the building site open to investigation by the Building Inspector
at all reasonable times. Upon request of the applicant, the Building
Inspector shall transmit to the applicant, in writing, the reasons
for such modifications.
E.
If an application, together with plans, specifications,
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of applicable law, the
Building Inspector shall disapprove the same, and one set of plans
and specifications shall become part of the public record and one
set shall be returned to the applicant. Upon request of the applicant,
the Building Inspector shall cause such refusal, together with the
reasons therefor, to be transmitted to the applicant in writing.
A.
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 Building
Inspector of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Building Inspector
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.
B.
Every building permit, except a demolition permit,
shall be effective for a period of 24 months from the date that it
is issued to authorize the commencement of work in accordance with
the application, plans and specifications upon which it is based.
Every demolition permit shall be effective for a period of 30 days
from the date that it is issued to authorize the commencement of work
in accordance with the application, plans and specifications upon
which it is based.
C.
The location of a new building or structure or an
extension of an existing building or structure shown on an accepted
and approved plot diagram or an amendment thereof shall be strictly
adhered to.
D.
It shall be unlawful to reduce or diminish the area
of any lot or plot of which a plot diagram has been filed and has
been used as the basis for a permit unless a revised plot diagram
showing the proposed change in condition shall have been filed and
approved by the Building Inspector; provided, however, that this shall
not apply when the lot area is reduced by reason of a street opening
or widening or other public improvement.
E.
The Building Inspector shall be given at least 24
hours' notice of the starting of work under a permit.
F.
Before ceilings, walls or partitions of any work for
which a permit is required are covered with lath, plasterboard, plaster
ceiling or other covering, the Building Inspector shall be notified.
Within three days after receipt of such notice, he shall inspect the
same. No such ceilings, walls or partitions shall be covered until
permission to do so has been granted by the Building Inspector.
G.
No foundations or concrete shall be placed unless
and until the Building Inspector has given written notice of the placing
of the same at least 24 hours prior to the time scheduled for its
placement.
H.
Building permits shall be prominently displayed on
the job site at all times during the progress of construction so as
to be readily seen from adjacent thoroughfares, to the extent practicable.
I.
No building permit, other than a demolition permit,
shall extend beyond its initial twenty-four-month period and no demolition
permit shall extend beyond its initial thirty-day period without the
prior approval of the Board of Trustees. Notwithstanding the foregoing,
the Building Inspector, in his sole discretion, may extend a demolition
permit for an additional period, not to exceed an additional 60 days,
so long as all of the demolition work has been completed within said
thirty-day period, and the extension is solely needed for the purpose
of acquiring and filing the necessary documents required for a certificate
of compliance. In determining whether or not to grant said extension,
the Board of Trustees may consider the following criteria, among others:
(1)
The reason for the delay in construction.
(2)
The adverse impact upon the adjacent property owners
and the community.
(3)
Methods to mitigate the adverse impacts of the delay
in construction by requiring regrading or other stormwater drainage
controls and/or requiring landscaping or other screening.
(4)
The status of the construction.
(5)
Requiring a completion bond or other financial security
to assure that the construction is thereafter pursued with diligence.
J.
In the event that the work for which a building permit,
other than a demolition permit, has been issued has not been substantially
completed within said 24 months or such extended period as may have
been approved by the Board of Trustees pursuant to the provisions
of this section, such construction shall be deemed abandoned and all
of the construction above grade shall be removed, and, to limit erosion
and stormwater runoff onto adjacent properties and streets, an appropriate
stormwater drainage system shall be installed, and the ground shall
be regraded in accordance with a plan approved by the Village Engineer
and the Building Inspector.
K.
If the demolition work for which a demolition permit
is issued is not completed within the thirty-day period from the date
of its issuance, or such extended period as may be approved by the
Board of Trustees, the project shall be deemed abandoned.
L.
In the event that any work shall be performed based
upon a demolition permit that was issued based upon a landscape plan
approved by the Village's Architectural and Preliminary Site Review
Board, such landscape plan shall be implemented, with due diligence,
within 30 days of the commencement of the demolition and shall continue
with due diligence, subject to reasonable constraints by weather or
the season, and completed no later than the third week of the first
appropriate planting season, as determined by the Building Inspector.
[Amended 11-20-2017 by L.L. No. 6-2017]
M.
A building permit, other than a demolition permit, shall be effective to authorize the commencement of work in accordance with the application, plans and specifications upon which it is based for a period of three months from the date of its issuance. If such work is not commenced within such period, the project shall be deemed abandoned unless, upon a showing of good cause, the Building Inspector, in his discretion, shall allow one or more reasonable extensions to commence such work. In no event shall such extension extend beyond the initial twenty-four-month period from the issuance of such permit without the prior approval of the Board of Trustees, as set forth in Subsection I.
A.
All construction, including alterations, of structures
which have or shall have, upon completion of the proposed work, a
total floor area in excess of 2,000 square feet shall be performed
under the inspection of an architect or engineer.
B.
All applications for permits for construction, including
alterations, of structures which have or shall have, upon completion
of the proposed work, a total floor area in excess of 2,000 square
feet shall be accompanied by an affidavit certifying that such construction
shall be inspected by an architect or engineer. The affidavit shall
be signed and sworn to by the architect or engineer who will inspect
the construction of such structure, shall contain a statement that
said architect or engineer has examined the plans and specifications
of the proposed construction and is thoroughly familiar therewith
and shall have his professional seal affixed. In the event such architect
or engineer shall for any reason discontinue his inspection of the
construction of the structure at any time prior to the completion,
he shall immediately notify the Building Inspector of such fact, and,
thereupon, the building permit issued for such construction shall
be suspended and no further work shall be done thereunder until another
such affidavit shall be filed with the Building Inspector certifying
that inspection of the construction has been resumed by another or
the same architect or engineer.
C.
The driving of piles shall be inspected by an architect
or engineer who shall keep a written record of the drivings and who
shall certify to the bearing capacity of each pile. A copy of said
record and the certification shall be filed with the Building Inspector
prior to the placement of pile caps.
D.
During the course of construction, the Building Inspector
may require special tests and certifications with respect to the properties
of structural steel, reinforcing bar steel and concrete and that the
same was erected, installed or placed in accordance with the plans
and specifications.
E.
No certificate of occupancy will be issued for a structure
or an alteration thereto having a total floor area in excess of 2,000
square feet until a final certificate is filed with the Building Inspector
by the architect or engineer who inspected the construction certifying
that the structure was in fact erected or altered in conformity with
the plans therefor filed with the Building Inspector.
In the event of the abandonment of any building
project after any excavation or demolition has occurred, unless otherwise
directed by the Building Inspector, it shall be the obligation of
the applicant for the permit and of the owner of the premises, jointly
and severally, to:
A.
Safely cap all underground utilities, as directed
by the Building Inspector.
B.
Remove all underground fuel storage tanks in accordance
with all Nassau County and New York State regulatory rules and regulations,
as directed by the Building Inspector.
C.
Backfill any open excavation up to the level prior
to the exaction and demolition, unless otherwise directed by the Building
Inspector.
D.
If, in the opinion of the Building Inspector, as a
result of the excavation or demolition, the amount of stormwater retention
on the lot has been reduced or additional stormwater will flow onto
adjacent properties, construct a new stormwater system or modify the
existing stormwater system to assure that the amount of stormwater
retention on the lot will not be reduced and that no additional stormwater
will flow onto adjacent properties. Such system shall be subject to
the approval of the Building Inspector and shall be constructed within
60 days after the abandonment, or as otherwise approved by the Building
Inspector.
E.
If, in the opinion of the Building Inspector, as a
result of the excavation or demolition, the existing landscaping had
been significantly reduced, implement a planting plan to enhance the
reduced landscaping to substantially the same landscaping that had
existed prior to the excavation and demolition. Such planting plan
shall be subject to the approval of the Village's Architectural and
Preliminary Site Review Board and shall be implemented within 60 days
after the abandonment, or as otherwise approved by such Board.
[Amended 11-20-2017 by L.L. No. 6-2017]
F.
If the construction of the building or structure has
proceeded beyond the cellar excavation:
(1)
Demolish all substantially uncompleted structures.
(2)
Make safe and securely close the openings of all other
structures, in a manner approved by the Building Inspector, in order
to limit or prevent danger to persons and possible fire and gas hazards.
(3)
Implement a planting and weekly maintenance plan to
effectuate an appropriate aesthetic appearance of the uncompleted
structures from adjacent properties, public and private. Such planting
and weekly maintenance plan shall be subject to the approval of the
Village's Architectural and Preliminary Site Review Board and shall
be implemented within 60 days of the abandonment, or as otherwise
approved by such Board.
[Amended 11-20-2017 by L.L. No. 6-2017; 7-27-2023 by L.L. No. 11-2023]
[Amended 10-10-2019 by L.L. No. 13-2019]
A.
The Building
Inspector shall have authority to suspend or revoke permits that have
been granted pursuant to this code by the Building Department or any
board, committee, or authorized official of the Village in the following
instances:
(1)
Where
he finds that there have been any false statements or misrepresentations
as to a material fact in the application, plans or specifications
on which the building permit was based.
(2)
Where
he finds that the permit was issued in error and should not have been
issued in accordance with applicable law.
(3)
Where
he finds that the work performed under the permit is not being prosecuted
in accordance with the provisions of the application, plans or specifications.
(4)
Where
the person to whom a permit has been issued fails or refuses to comply
with a stop-work order issued by the Building Inspector.
(5)
Where
he finds that the work performed under the permit is not being diligently
prosecuted to completion and is not showing signs of active progress
for a period of time greater than six months.
[Added 7-27-2023 by L.L. No. 11-2023]
B.
Any suspension
shall remain in effect until the permit holder demonstrates that all
work then completed is, and that all work then proposed to be performed
shall be, in compliance with applicable law.
C.
In the
event that a permit has been revoked, no work shall continue until
a new permit has been granted and any work performed purportedly pursuant
to the revoked permit shall, at the discretion of the Building Inspector,
either be brought back to its original condition by the removal of
all of the work performed pursuant to the revoked permit, or brought
back to such condition or otherwise made safe as directed by the Building
Inspector, and no new work shall commence until a new permit is applied
for and issued.
[Added 9-20-2022 by L.L. No. 21-2022]
A.
It is
a violation of this chapter when a building permit has expired and
has not been extended and the work for which such permit was issued
required that a certificate confirming to the satisfaction of the
Village's Superintendent of the Building Department that such work
has been satisfactorily completed and such certificate has not been
issued, unless the work has been abandoned and the required action
to be taken pursuant to this chapter upon such abandonment, if any,
has been completed to the satisfaction of said Superintendent.
B.
The applicants
for such permit and the owners of the subject premises for which such
permit was issued all shall be guilty of a violation of this section.
A.
Compliance orders. The Building Inspector shall have
the power to order, in writing, the remedying of any conditions found
to exist in, on or about any building in violation of applicable law.
Upon finding that any such condition or activity exists, the Building
Inspector shall issue a compliance order. The compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the Building Inspector;
(3)
Specify the condition or activity that violates applicable
law;
(4)
Specify the provision or provisions of applicable
law which is/are violated by the specified condition or activity;
(5)
Specify the period of time that the Building Inspector
deems to be reasonably necessary for achieving compliance;
(6)
Direct that compliance be achieved within the specified
period of time; and
(7)
State that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time.
B.
Stop-work orders.
(1)
Authority to issue. The Building Inspector is authorized
to issue stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(a)
Any work that is determined by the Building
Inspector to be contrary to applicable law, 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
(b)
Any work that is being conducted in a dangerous
or unsafe manner, in the opinion of the Building Inspector, 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
(c)
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.
(3)
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.
(4)
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection (B)(1), 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 § 84-24 of this chapter or under any other applicable 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.
C.
Service of compliance orders and stop-work orders.
(1)
The Building Inspector shall cause compliance orders
and stop-work orders to be served upon an owner in either or the following
manners:
(a)
Personally upon the owner; or
(b)
By posting and mailing as follows:
[1]
Posting:
[a]
If the premises are improved with
a building, such notice shall be posted on the front door of the building.
[b]
If the premises are not improved
with a building, such notice shall be posted on a poll, tree, fence
or wall on the premises, which the Building Inspector determines most
likely to provide reasonable notice to the owner or any of its contractors,
agents and/or employees.
(2)
The Building Inspector shall be permitted but not
required to cause compliance orders and stop-work orders or copies
thereof to be served upon any builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or employees
or any other person taking part or assisting in work being performed
at the affected property; however, the failure to serve any person
mentioned in this sentence shall not affect the efficacy of the compliance
order. Any such service shall be made either personally upon such
person or by mailing by both first class mail and certified mail,
return receipt requested, to the last known address of such person
in the files of the Building Department.
A.
Certificate of occupancy.
(1)
No building hereafter erected shall be occupied or
used in whole or in part until a certificate of occupancy shall have
been issued by the Building Inspector certifying that such building
conforms substantially to the building permit and the requirements
of applicable law.
(2)
No building hereafter enlarged or extended or so altered
as to change its use or occupancy classification or subclassification
to another and no building hereafter altered for which a certificate
of occupancy had not been issued heretofore shall be occupied or used
in whole or in part until a certificate of occupancy shall have been
issued by the Building Inspector certifying both that the work for
which the permit was issued has been completed substantially in accordance
with the permit and the provisions of applicable law with regard to
such an alteration and that the building is safe for occupancy insofar
as can be determined by visual inspection, provided that if the occupancy
or use of such building was not discontinued during the work of alterations,
the occupancy or use of the building shall not continue for more than
30 days after completion of the alteration unless such certificate
shall have been issued.
B.
Certificate of compliance. In those instances where
work is performed under a permit but no certificate of occupancy is
required, the Building Inspector shall issue a certificate of compliance
if it is found that the proposed work has been completed substantially
in accordance with the permit and applicable law. The certificate
shall also indicate the use or uses to which the structure or installation
may thereafter be put and to what extent.
C.
Issuance of certificates of occupancy and certificates
of compliance. The Building Inspector 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 applicable
law 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 applicable law. The Building Inspector or
an Inspector authorized by the Building Inspector 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 Building Inspector, at the expense
of the applicant for the certificate of occupancy or certificate of
compliance, shall be provided to the Building Inspector prior to the
issuance of the certificate of occupancy or certificate of compliance:
D.
Contents of certificates of occupancy and certificates
of compliance. A certificate of occupancy and 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 of the owner and the 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 assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with
the issuance of the building permit; and
(10)
The signature of the Building Inspector issuing
the certificate of occupancy or certificate of compliance and the
date of issuance.
A.
The Village's
Superintendent of the Building Department, Building Inspectors, and
Assistants to a Building Inspector shall have the right to inspect
the premises and all of the buildings thereon from the time a building
permit is issued until the required certificate pursuant to this chapter
is issued confirming the satisfactory completion of such work or the
work has been abandoned and the required action to be taken pursuant
to this chapter upon such abandonment, if any, has been completed
to the satisfaction of the Village's Superintendent of the Building
Department. The foregoing shall not include the right to inspect any
building for which work was not authorized by such permit.
[Added 9-20-2022 by L.L. No. 21-2022[1]]
B.
Inspection prior to issuance of a certificate of occupancy
or a certificate of compliance.
(1)
Before issuing a certificate of occupancy or a certificate
of compliance, the Building Inspector shall examine or cause to be
examined all buildings, structures, sites and work for which said
application has been filed, and he may conduct such inspection as
he deems appropriate from time to time during and upon completion
of the work.
(2)
There shall be maintained in the Village office a
record of all such examinations and inspections, together with a record
of the findings of violations of applicable law.
C.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection C is ready for inspection.
D.
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)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized
by the building permit has been completed.
E.
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 where the work fails to
comply with applicable law. Work not in compliance with applicable
law shall remain exposed until such work shall have been brought into
compliance with applicable law and found satisfactory as completed.
F.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 84-28 of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
G.
Issuance of certificate of occupancy or certificate
of compliance.
(1)
A certificate of occupancy or a certificate of compliance
shall be issued within a reasonable time after application therefor
is made.
(2)
A final survey must be submitted before a certificate
of occupancy or a certificate of compliance will be issued. The Building
Inspector may waive the requirement for filing a final survey if he
deems it not appropriate.
A.
The Building Inspector shall be permitted to issue
a temporary certificate allowing the temporary occupancy of a building
or structure or a portion thereof prior to completion of the work
which is the subject of a building permit. However, in no event shall
the Building Inspector issue a temporary certificate unless the Building
Inspector determines:
(1)
That the building or structure or the portion thereof
covered by the temporary certificate may be occupied safely,
(2)
That any fire- and smoke-detecting or fire-protection
equipment which has been installed is operational, and
(3)
That all required means of egress from the building
or structure have been provided.
B.
The Building Inspector may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent
of the Uniform Code.
C.
A temporary certificate shall be effective for a period
of time, not to exceed three months, which shall be determined by
the Building Inspector and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with applicable law. For good cause, the Building
Inspector may allow a maximum of two extensions of the temporary certificate
for periods not exceeding three months each.
D.
Revocation or suspension of certificates. If the Building
Inspector determines that a temporary certificate was issued in error
because of incorrect, inaccurate or incomplete information, and if
the relevant deficiencies are not corrected to the satisfaction of
the Building Inspector within such period of time as shall be specified
by the Building Inspector, the Building Inspector shall revoke or
suspend such certificate.
The Chief of any fire department providing fire-fighting
services for a property within the Village shall promptly notify the
Building Inspector of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Village shall be identified and addressed in accordance with the procedures established by Chapter 63 of this Code.
A.
Any person who proposes to conduct any activity listed in Subsection A(1), (2) or (3) below, or to operate any type of building or other structure listed in Subsection A(4), (5) or (6) below shall be required to obtain an operating permit prior to commencing such activity or operation:
[Amended 10-22-2020 by L.L. No. 8-2020]
(1)
Manufacturing,
storing or handling hazardous materials in quantities exceeding those
in Tables 5003.1.1(1), (2), (3), or (4) of the 2015 Edition of the
International Fire Code and incorporated by reference in 19 NYCRR
§ 1225.1, as such may be amended from time to time;
(2)
Hazardous
processes and activities, including but not limited to, commercial
and industrial operations which produce combustible dust as a by-product,
fruit and crop ripening, and waste handling;
(3)
Use
of pyrotechnic devices in assembly occupancies;
(4)
Buildings
containing one or more areas of public assembly with an occupant load
of 100 persons or more; and
(5)
Buildings
whose use or occupancy classification may pose a substantial potential
hazard to public safety, as determined by resolution of the Board
of Trustees.
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 Building Inspector. Such application
shall include such information as the Building Inspector deems sufficient
to permit a determination by the Building Inspector that quantities,
materials and activities conform to the requirements of applicable
law. If the Building Inspector 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 Building Inspector, at the expense of the applicant.
C.
Inspections. The Building Inspector shall inspect
the subject premises prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Building Inspector to be consistent with local conditions.
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 Building Inspector, payment of the applicable
fee and approval of such application by the Building Inspector.
F.
Revocation or suspension of operating permits. If
the Building Inspector determines that any activity or building for
which an operating permit was issued does not comply with applicable
law, such operating permit shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Building Inspector at the following intervals:
(1)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
Inspections permitted. Subject to such constitutional limitations as may be applicable, in addition to the inspections required by Subsection A, a firesafety and property maintenance inspection of any building, structure, use or occupancy, or of any dwelling unit may also be performed by the Building Inspector upon:
(1)
Request of the owner of the property to be inspected
or an authorized agent of such owner;
(2)
Receipt by the Building Inspector of a written statement
alleging that conditions or activities failing to comply with applicable
law exist; or
(3)
Receipt by the Building Inspector of any other information,
reasonably believed by the Building Inspector to be reliable, giving
rise to reasonable cause to believe that conditions or activities
failing to comply with applicable law exist.
C.
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 State Office of Fire Prevention
and Control ("OFPC") and the State Fire Administrator under Executive
Law § 156-e and Education Law § 807-b.
D.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 84-28 of this chapter must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections pursuant to Subsection B or performed by OFPC. The failure to pay such fee shall be deemed a violation of this section but shall not prevent a required inspection from taking place.
The Building Inspector shall review and investigate
complaints which allege or assert the existence of conditions or activities
that fail to comply with applicable law. The process for responding
to a complaint shall include such of the following steps as the Building
Inspector may deem 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 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 § 84-24 or 84-25 of this chapter;
C.
Issuing a stop-work order;
D.
If a violation which was found to exist is alleged
to have been 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 complainant.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of applicable law, the Building Inspector may
require the same to be subjected to tests by a testing agency designated
by the Building Inspector at the applicant's own cost in order to
furnish proof of such compliance.
[Amended 5-13-2021 by L.L. No. 11-2021]
A.
It shall be unlawful for any person to construct,
alter, repair, move, remove, demolish, equip, use, occupy, or maintain
any building or other structure or portion thereof:
(1)
Without
or in a manner not permitted by or not in accordance or in violation
of a required building permit from the Building Inspector;
(2)
Without
or in a manner not permitted by or not in accordance or in violation
of a required certificate from the Building Inspector;
(3)
In
a manner not permitted by or not in accordance or in violation of
a decision, resolution, or other directive from the Village's Planning
Board, Board of Appeals, Architectural and Preliminary Architectural
and Preliminary Site Review Board, Board of Trustees, or Landmark
Preservation Commission;
[Amended 9-20-2022 by L.L. No. 18-2022]
(4)
In
a manner not permitted by or not in accordance or in violation of
an order, decision, notice, or other directive from the Building Inspector;
or
(5)
In
a manner not permitted by or not in accordance or in violation of
any other applicable law.
B.
A first violation of this section within a five-year
period shall be punishable by a minimum fine of $2,500 and a maximum
fine not exceeding $25,000, and imprisonment for not more than 15
days, or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate offense.
C.
Any violation
of this section after the first within a five-year period shall be
punishable by a minimum fine of $5,000 and a maximum fine not exceeding
$50,000, and imprisonment for not more than 15 days, or both such
fine and imprisonment. Each day that a violation continues shall be
deemed a separate offense.
D.
PERSON
For the
purposes of this section, the following terms shall have the meanings
indicated:
[Added 6-21-2022 by L.L. No. 9-2022]
Includes the owner, tenant, occupant, or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee, sublessee,
agent, or any other individual, firm, or corporation directly or indirectly
in control of any premises, building, or part thereof.
A.
Injunctive relief. Upon the prior authorization of
the Board of Trustees, an action or proceeding may be instituted in
the name of the Village, in the Supreme Court of the State of New
York, or any other court of competent jurisdiction, to prevent, restrain,
enjoin, correct or abate any violation of, or to enforce any provision
of applicable law, including but not limited to any term or condition
of any building permit, certificate of occupancy, certificate of compliance,
temporary certificate, stop-work order, operating permit, compliance
order or other notice or order issued by the Building Inspector pursuant
to applicable law. In particular, but not by way of limitation, where
the construction or use of a building or structure is in violation
of applicable law, an action or proceeding may be commenced to obtain
an order directing the removal of the building or structure or an
abatement of the condition in violation of such applicable law.
B.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty 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 § 84-14 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 § 84-14B of this chapter, in any other section of this chapter or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
The restrictions of Chapter 161 of this Code shall not be deemed to be modified by any provision of this chapter, and such restrictions shall be controlling except insofar as this chapter imposes greater restrictions by reason of the type of construction used, in which case the greater restrictions shall control.
No oversight or dereliction of duty on the part
of the Building Inspector or any other employee of the Village shall
legalize the erection, construction, alteration, repair, removal or
demolition or the use or occupancy of a building or structure that
does not conform to applicable law or that does not conform with the
provisions of an application, plans or specifications on the basis
of which a building permit was issued.
[Amended 7-27-2023 by L.L. No. 12-2023]
A.
Permit fees. The following fees shall be required for a building
permit.
(1)
A building permit fee, which shall be based upon the estimated cost
of construction. The estimated cost of construction is defined for
the purpose of this section as the amount of money that would ordinarily
be expended for good, safe, construction in the erection of the complete
building, the alteration of the building, or other structure, as the
case may be, in accordance with the then contemporary standards of
other new construction within the Village, exclusive of interior decoration.
(2)
An infrastructure fee.
(3)
A curb crossing fee.
B.
All permit fees shall be paid to the Village Administrator.
C.
The payment of a fee, as provided in this section, shall in no way
relieve the applicant, owner, or holder of the permit of the payment
of other fees that may be prescribed by applicable law for inspections,
certificates, sewer connections, water taps, or other privileges or
requirements.
D.
Upon the filing of an application for a building permit, the applicant
shall pay a sum equal to 50% of the Building Department's estimate
of the building permit fee. That sum shall not be refunded if the
application for the permit is not approved.
E.
If the application is approved, the 50% balance of the building permit
fee, the infrastructure fee, and the curb crossing fee shall be paid
prior to the issuance of the building permit.
F.
No fee, as provided in this section, shall be refunded after a permit
has been issued.
G.
The estimated cost of construction, permit fees, and certificate
fees shall be set from time to time by resolution of the Board of
Trustees.
The Board of Trustees may authorize the Mayor
to enter into an agreement in the name of the Village, with other
governments to carry out the terms of this chapter, provided that
such agreement does not violate any provision of Part 1203 of Title
19 of the NYCRR, or any other applicable law.
