[HISTORY: Adopted by the Board of Trustees
of the Village of Nassau during codification; see Ch. 1, General Provisions,
Art. II. Amendments noted where applicable.]
This chapter shall provide for administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code (Uniform Code) in the Village of Nassau. This chapter
is adopted pursuant to § 10 of Article 2 of the Municipal
Home Rule Law. Except as otherwise provided within this chapter or
within the Uniform Code, all premises, regardless of use, are subject
to the provisions which follow.
The words and terms used in this chapter shall
have the same meanings as those contained In Executive Law, Article
18, as added by Chapter 707 of the Laws of 1981, unless the context
may otherwise require.[1]
[1]
Editor's Note: Definitions can be found in
§ 372 of the Executive Law.
A.
The Village of Nassau' may, by resolution, enter into
a contract with other governments or an independent caretaker to carry
out the terms of this chapter.
B.
There is hereby created the appointive office of Code
Enforcement Officer. The Code Enforcement Officer shall be appointed
by the Mayor with the approval of the Board of Trustees at a compensation
to be fixed by it. In the absence of the Code Enforcement Officer
to act for any reason, the chief executive officer shall have the
power, with the consent of the Board of Trustees, to designate a person
to act for this officer. Compensation shall be as may, from time to
time, be fixed by the Board of Trustees by resolution.
C.
A schedule of fees shall be established by resolution
by the Board of Trustees of the Village of Nassau.
The Code Enforcement Officer shall administer
and enforce all of the provisions of the New York State Uniform Fire
Prevention and Building Code. The Code Enforcement Officer may promulgate
rules and regulations, subject to the approval of the Board of Trustees,
to secure the intent of this chapter and the Uniform Code. Such rules
and regulations shall be published at least ten (10) days prior to
their effective date. The specific duties of the Code Enforcement
Officer shall be to:
A.
Receive applications and such fees as may be established
by the Board of Trustees.
B.
Approve or deny plans and specifications within sixty
(60) days in writing and issue permits for the erection and alteration
of buildings or structures or parts thereof.
C.
Inspect the premises for which such applications have
been received, plans approved or such permits issued.
D.
Approve or deny applications for certificates of occupancy
within ten (10) days.
E.
Conduct periodic inspections as required by the Uniform
Code.
F.
Maintain all records on file with the Village Clerk,
consisting of applications, permits, denials, inspection reports,
recommendations, complaints, violation orders, certificates of occupancy,
correspondence and proof of payment of required fees.
G.
Issue, in writing, all appropriate notices or orders
to remove illegal or unsafe conditions.
H.
Require the necessary safeguards during the entire
course of construction or demolition.
I.
Serve notices and orders upon a property owner or
the owner's agent, personally or by certified mail or by posting conspicuously
on the premises to which the notice or order applies.
J.
Report at least annually to the governing body all
approvals, denials, permits and certificates issued, fees collected
and turned in to the general fund, orders and notices issued and other
matters as appropriate.
A.
Requirements. A completed application for a building
permit must include:
(1)
The full name and address of the owner and of the
applicant and, if either shall be a corporation, the name and address
of the responsible officer.
(2)
A description of the site on which the proposed work
is to be done.
(3)
A statement of the use of occupancy of all parts of
the proposed building or structure.
(4)
A brief description of the proposed activity.
(5)
The estimated cost of the proposed work, with appropriate
substantiation.
(6)
Such other information as may reasonably be required
by the Code Enforcement Officer to establish compliance of the proposed
work with the requirements of the applicable building laws, rules
and regulations.
(7)
The signature of the owner or authorized agent.
B.
Plans and specifications. Each application for a building
permit shall be accompanied by three (3) sets of plans and specifications,
including a plot plan, drawn to scale, showing the location and size
of all proposed new construction and all existing structures on the
site (the nature and character of the work to be performed and the
materials to be incorporated), distance from lot lines and to structures
on adjoining property, widths and grades of adjoining streets, walks
and alleys and, where required by the Code Enforcement Officer, details
of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data. Plans and specifications
shall bear the signature of the person responsible for the design
and drawings and, where required by §§ 7209 and 7307,
as amended, of Articles 145 and 147 of the Education Law of the State
of New York, the seal of a licensed architect or a licensed professional
engineer. The Code Enforcement Officer may waive the requirements
for filing plans and specifications for minor alterations and issue
a building permit so stating.
C.
Amendments. Amendments, if any, to the application
or to the plans and specifications accompanying the same shall be
filed with the Code Enforcement Officer, and approval shall be received
from the Code Enforcement Officer prior to the commencement of such
change of work.
D.
Display. The building permit must be prominently displayed
on the property or premises to which it pertains.
E.
Expiration. A building permit issued pursuant to this
chapter shall expire six (6) months from the date of issuance. The
permit may, on written request, be renewed for successive six-month
periods.
[Added 11-29-1989 by L.L. No. 9-1989; amended 1-9-2019 by L.L. No.
2-2019]
A.
No demolition of any structure in excess of 200 square feet shall
occur until the CEO has issued a demolition permit.
B.
Requirements. All applications for demolition permits shall be in
writing, signed by the owner or agent, on forms furnished by the Village
Clerk's office, with photo documentation of the structure proposed
to be demolished A complete application for a demolition permit must
include:
(1)
The full name and address of the owner and the applicant and, if
either shall be a corporation, the name and address of the responsible
officer.
(2)
The description of the site on which the demolition work is to be
done.
(3)
A brief description of the proposed demolition.
(4)
The estimated cost of the proposed demolition.
(5)
An agreement to comply with this chapter, and all other laws, ordinances
and regulations, including those that include hazardous materials
(e.g., asbestos), may be applicable.
(6)
The applicant's proposal for capping natural gas lines, water
lines, water wells, sewage lines or systems, if any.
(7)
The applicant's proposal, including a description of materials,
to fill in any dug wells, septic system and/or cellar or other subsurface
areas to grade level, if needed.
(8)
Such other information as may reasonably be required by the Code
Enforcement Officer to establish compliance of the proposed work with
the requirements of the applicable building law rules and regulations.
(9)
The signature of the owner or authorized agent.
(10)
Plans and specifications. Each application for a demolition
permit shall be accompanied by three sets of plans and specifications
showing the structure to be demolished, the method and manner of demolition
which demonstrate compliance with Sections 608.1, 6082, 608.3 and
8012 of the regulations implemented under the New York State Uniform
Fire Prevention and Building Code as the same may be amended or supplemented
from time to time. Such plans and specifications shall further include
the plans for disposing of the building debris and rehabilitating
the site, whether as a part of the construction of additional structures
or landscaping of the unimproved site. All demolition plans shall
also include one of the following:
(a)
A redevelopment plan for the property that provides for a replacement
or rebuilt structure for the regulated structure being demolished
or relocated, indicating in sufficient detail the nature, appearance
and location of all replacement or rebuilt structures; or
(b)
For property to remain vacant, a site restoration plan. A site
restoration plan may include a description for reseeding, planting,
landscaping or grading that is proposed to be completed.
(c)
A treatment plan for any walls of adjacent buildings exposed
as a result of the demolition.
C.
The Code Enforcement Officer shall determine if any special use permit
or site plan approval is required when replacement or construction
of a new structure or use is proposed. If demolition is proposed in
conjunction with a project that requires Planning Board review, the
application shall consider both actions.
D.
The Code Enforcement Officer may require proof of examination for
and remediation of asbestos or other hazardous materials, and may
require an inspection.
E.
All demolition sites shall be noticed in such a manner as to provide
proper warning and protection to the public.
F.
Amendments. Amendments, if any, to the application or to the plans
and specifications accompanying the same shall be filed with a Code
Enforcement Officer, and approval shall be received from the Code
Enforcement Officer prior to the commencement of such change of work.
G.
Display. The demolition permit must be prominently displayed on the
property or premises to which it pertains.
H.
Expiration. A demolition permit issued pursuant to this chapter shall
expire six months from the date of issuance. The permit may, on written
request, be renewed for one successive six-month period.
I.
Completion. Upon completion of the demolition pursuant to the plans
and specifications and before the construction of any structure, the
Code Enforcement Officer shall issue a certificate of completion of
the demolition.
J.
Authority. The Code Enforcement Officer shall have the same authority
to inspect, issue stop-work orders and otherwise review the demolition
with the same powers as if a building permit had been granted instead
of a demolition permit.
No use or occupancy of a building or structure
may be commenced unless a certificate of occupancy has been issued
for that building or structure. A temporary certificate of occupancy
may be issued if the building or structure or a designated portion
of a building or structure is sufficiently complete that it may be
put to the use for which it is intended. A temporary certificate of
occupancy shall expire in six (6) months, but it may be renewed an
indefinite number of times.
A.
Work for which a building permit is in effect shall
be inspected for approval prior to enclosing or covering each stage
of construction, including building location, site preparation, excavation,
foundation, framing, superstructure, electrical, plumbing and heating
and air conditioning. It shall be the responsibility of the applicant
to inform the Code Enforcement Officer that the work is ready for
inspection.
B.
Existing buildings not subject to inspection under Subsection A shall be subject to periodic inspections for compliance with the Uniform Code. Notwithstanding any requirement of this section to the contrary, no regular, periodic inspections of occupied dwelling units shall be required. This shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to the public health, safety or welfare.
A permit for installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained as provided in § 42-5. If the enforcement official, after inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the Board of Trustees. A violation of this section and of Subdivision 5 of § 378 of the Executive Law shall be punishable as provided in § 42-9B.
A.
It shall be unlawful to erect, construct, enlarge,
alter, improve, remove, demolish or use any building or structure
or portion thereof in violation of any provision of law, as well as
any regulation or rule of the municipality, or to fail in any manner
to comply with a notice, directive or order of the Code Enforcement
Officer or to commence the erection, construction, enlargement, alteration,
improvement, removal, demolition or use of any building or structure
or the installation of heating equipment, without having applied for
and obtained a permit; however, no permit shall be required for the
performance of necessary repairs which are not of a structural nature
and which are done in conformance with the Uniform Code.
B.
Any person who shall fail to comply with a written
order of the Code Enforcement Officer within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor
or construction superintendent or his agent or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of law or any lawful
order, notice, directive, permit or certificate of the Code Enforcement
Officer made thereunder shall be punished by a fine of not more than
two hundred fifty dollars ($250.) or imprisonment for not more than
fifteen (15) days, or both. Each week that a violation continues shall
be deemed a separate offense.
C.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness or otherwise of any person found guilty
of such an offense.
D.
Appropriate action and proceedings may be taken at
law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law.
