The provisions of this chapter shall be enforced by the Building Inspector or by any other person designated by the Village Board of Trustees.
[Res. of 9-14-1953; L.L. No. 9-1990, § 2]
In accordance with the New York State Executive Law, the provisions of the New York State Uniform Fire Prevention and Building Code shall be applicable in and enforced by the Village of Tuckahoe.
[L.L. No. 4-1986, § 4]
There is hereby imposed a fee of $25 for each inspection of any structure subject to the Multiple Residence Law of the state made by the Building Inspector; provided, however, that no fee shall be imposed for any inspection where the subject structure is found free of all violations under the Multiple Residence Law, nor for any inspection where the subject structure is found to be in violation of one or more provisions of the Multiple Residence Law where the violation has not theretofore been brought to the attention of the owner of the subject premises by the Building Inspector.
No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department; nor shall be, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Village, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Any building official, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.
[L.L. No. 3-2006, § 1]
(a) 
It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
(b) 
Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punished by a fine not exceeding $500 and/or imprisonment consistent with the applicable provisions of the Penal Law: each day any violation of any provision of this chapter or any such ordinance or resolution shall continue shall constitute 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 convicted thereof.
(d) 
This section shall not apply to violations of the provisions of the State Building Construction Code punishable under § 385 of the Executive Law of the State;[1] nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the state.
[1]
Editor's Note: For current provisions concerning violations of the New York State Uniform Fire Prevention and Building Code, see § 382(2) of the Executive Law.
Appropriate actions 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 the penalties prescribed in § 1-7.
[L.L. No. 4-1980; L.L. No. 9-1990, § 3]
(a) 
Emergency lighting and power shall be furnished through an independent electrical wiring system supplied from a main source and from an auxiliary source in spaces intended for occupancy by 25 persons or more in one room or enclosure.
(b) 
Means shall be provided for automatically transferring the emergency lighting and power supply from the main source to the auxiliary source within 15 seconds in the event of failure of the main source.
(c) 
All other provisions of law dealing with emergency lighting requirements as set forth more fully in the New York State Uniform Fire Prevention and Building Code shall continue to be applicable to all building construction within the Village.
(d) 
All places of occupancy affected by this law must be in compliance with the requirements of these provisions within six months of the date of enactment of this section.
(e) 
Penalties for violations. Any person who shall violate any provisions of this section or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Village Board of the Village of Tuckahoe or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment for not less than 10 days nor more than a period of one year, or by both such fine and imprisonment. The imposition of a penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
(f) 
The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions.
[ L.L. No. 10-1985, §§ 2 — 4[1]]
(a) 
Prohibition. The installation of exterior and/or interior security gates in front of and inside of commercial store fronts, including both display windows and entrance doors, shall be prohibited.
(b) 
Existing security gates.
(1) 
Any presently existing exterior and/or interior security gates legally installed prior to passage of this local law shall be removed immediately upon change of ownership of the premises where said security gate exists or upon change of tenancy in the commercial premises where said security gate exists.
(2) 
Any presently existing security gate which encroaches on Village property shall be removed immediately by the owner or tenant of premises where same is located.
(c) 
Penalties. Any person or corporation or other entity who violates any section of this local law shall be punished by a fine not to exceed $250, however, if a notice of violation or a summons has been issued to said person or corporation or other entity notifying them of said violation, said person or corporation or other entity shall be subject to a fine of up to $250, for each day that said violation continues after issuance of the summons or notice of violation and each day of continued violation shall be treated as a separate offense.
[1]
Editor's Note: Local Law No. 10-1985, §§ 2 — 4, adopted 12-9-1985, did not specifically amend the Code, but was included as § 6-11 at the editor's discretion.
[L.L. No. 2-1987, § 1]
(a) 
The intent of this § 6-12 is to permit the Village of Tuckahoe to receive offering plans for cooperative, condominiums and homeowner's associations in order to review. consistency with all Village ordinances, codes and requirements, including the Tuckahoe Housing Review Board, and to permit the Village to adequately plan for changes in population, traffic, parking and municipal services.
(b) 
The sponsor of any offering plan for a cooperative, condominium or homeowner's association project located in the Village of Tuckahoe shall provide the office of the Village Clerk with three copies of the preliminary and final offerings plans and any amendments thereto within 10 days after such plans or amendments are filed with the New York State Department of Law.
(c) 
The failure of a sponsor to comply with the provisions of Subsection (b) of this § 6-12 shall be proper cause for the refusal of the Building Department to issue or release any building permit or certificate of occupancy, certification or other record relating to the cooperative, condominium or homeowner's association property.
(d) 
Nothing in this § 6-12 shall serve to modify, supersede or otherwise affect any provisions of New York State law or any requirements or authority of the New York State Department of Law relating to cooperative, condominium or homeowner's association offering plans.
[L.L. No. 1-1993]
(a) 
District established.
(1) 
The Fire Limits of the Village of Tuckahoe are hereby established as all areas of the Village of Tuckahoe that are within Business, Industrial and Apartment-3 Zoning Districts.
(2) 
Additionally, the requirements of this § 6-13 shall apply to all premises used for business, commercial, industrial or mixed use even if such properties are outside of the fire limits.
(3) 
The words "outside fire limits" shall be all premises situated within the Village of Tuckahoe outside the areas described in Subsection (1) above, except those premises included pursuant to Subsection (2) above.
(b) 
Limitations/construction standards. The construction standards set forth in the New York State Uniform Fire Prevention and Building Code for fire limits and outside fire limits are hereby adopted and made applicable to the area defined in § 6-13(a).
(c) 
Alterations.
(1) 
Within the fire limits, no building or structure of Type 5 construction, as said term is defined in the New York State Uniform Fire Prevention and Building Code, shall be hereafter increased in height.
(2) 
Within the fire limits, no building or structure of Type 5 construction shall be hereafter extended on any side unless the construction of such extension conforms to the requirements of this § 6-13 and the New York State Uniform Building and Fire Prevention Code for new construction.
(3) 
Within the fire limits, no building or structure shall be hereafter extended on any side by Type 5 construction.
(4) 
Within the fire limits, no alterations, including partitions and nonstructural alterations, shall be of Type 5 construction.
(d) 
Location. A building or structure shall be deemed to be within fire limits if more than 1/3 of the area of such building or structure is located therein.
[L.L. No. 4-1994,[1] § 2]
The entire surface of the window or door glass of any retail business, office or nonresidential premises shall be clear and shall not be painted, finished, decorated or otherwise obscured or covered so as to render such window or door glass opaque or translucent. Any decoration, etching or lettering on such window or door glass shall be subject to the provisions of Chapter 3 of the Village Ordinances.
[1]
Editor's Note: Section 4 of this local law provided that the owner, agent or occupant of any premises should remove, repair or replace all glass not in conformance with this local law by not later than 1-1-1995.