No person, firm or corporation shall commence the erection,
enlargement, alteration, improvement, conversion or change in the
nature of the occupancy of any building or structure, or cause the
same to be done, or perform any other work for which a building permit
is required by the NYS Uniform Code without first obtaining a separate
building permit from the CEO for each such building or structure.
No building permit shall be required for the performance of
ordinary repairs which are not structural in nature or any other activity
for which a building permit is not required by the NYS Uniform Code.
All work for which such a building permit has been issued shall
be fully completed within one year from the date of the issuance of
the permit therefor and each permit shall expire one year from the
date of its issuance.
The CEO, in consultation with the Village Board, may extend
the period within which the work may be completed and the duration
of the permits therefor upon written request of the permit holder.
The permit holder shall identify the requested time period of such
extension, not to exceed one year, and the reasoning for the extension.
Where the CEO finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
Where the CEO finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
In connection with the work for which a building permit is required
for any structure, other than a residential structure as is permitted
in a residential district, no building permit shall be issued unless
there are the seal and signature of a duly licensed architect or professional
engineer on the plans and specifications on file in the Village Office.
During construction, it shall be the responsibility of said
architect or professional engineer or his designated representative
to make periodic visits to the construction site to familiarize himself
with the progress and quality of the construction and to determine,
in general, if the construction is proceeding in accordance with the
drawings, specifications and plans which have been submitted to the
Village and constitute a basis for the issuance of the building permit.
Said architect or professional engineer shall file reports with
the Village Clerk at regular intervals indicating the times of such
visits and the status of the construction and shall, in particular,
contain notice to the Clerk of any defects or discrepancies affecting
structural, fire, health or safety which said architect or professional
engineer may observe. It is understood that any such defects or discrepancies
shall be corrected by the permittee, and the architect or professional
engineer shall advise the Village Clerk when such discrepancies have
been corrected.
Issuance of certificate. The CEO shall be responsible for the issuance
of a certificate of zoning compliance. No certificate shall be issued
until the CEO has verified that the action is in full compliance with
this chapter and any other applicable laws, codes, rules and regulations
of the Village of Hamburg and New York State. The CEO shall specify
the nature of compliance on the certificate and make note of any approvals
obtained as required by this chapter.
Expiration of certificate. A certificate of zoning compliance shall
expire six months after the date of issuance unless a building permit
is obtained and/or occupancy has commenced. In the case where a building
permit is not required, work must commence within six months from
the date of issuance.
Where the CEO finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the action was based.
Where the CEO finds that the use or action authorized by the
permit is in violation of this chapter and any other applicable laws,
codes, rules, and regulations of the Village of Hamburg and New York
State.
No building or land shall be used or changed in use wholly or in
part nor shall any land be used or occupied until a certificate of
occupancy has been issued by the CEO.
For all instances in which a certificate of occupancy is required
and construction has occurred, other than in residential districts,
no certificate of occupancy shall be issued unless there shall be
filed with the Village Clerk an affidavit of a registered architect
and/or licensed professional engineer who filed the original plans
and/or specifications or of the registered architect or licensed professional
engineer who supervised the construction of the work or the superintendent
of construction who supervised the work and who, by reason of experience,
is qualified to superintend the work for which the certificate is
sought.
This affidavit shall state that the professional has examined the
approved plans and specifications of the structure for which the certificate
of occupancy is sought and that the structure has been erected in
accordance with the approved plans and specifications and, as erected,
complies with the provisions of the NYS Uniform Fire Prevention and
Building Code and all other laws governing building construction in
the Village of Hamburg.
Any demolition of a structure in the Village shall require the issuance of a demolition permit in accordance with Chapter 126 of the Village of Hamburg Code.
Whenever the CEO has reasonable grounds to believe that work on any
building, structure, or premises, irrespective of the zoning area,
is being prosecuted in violation of the provisions of the Village
Code, building codes, ordinances, rules 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, notification shall be given to the owner of
the property or the owner's agent to suspend all work. The CEO,
Village Clerk, and Mayor are authorized to provide such notification.
Any person, corporation, or agency issued a stop-work order shall
forthwith stop such work and suspend all building activities until
the stop order has been rescinded.
The order and notice may be served upon a person or corporation to
which it is directed whether by delivering it personally or by posting
the same upon a conspicuous portion of the building under construction
and sending a copy of the same by registered mail to the permittee
or their designee.
In the course of performing the duties of the CEO, or other authorized
Village official that requires access to a building or the premises
thereof, the official shall show the proper credentials and request
permission to enter said building or premises.
If denied access, the official shall follow the legal procedure for
obtaining a warrant to enter the building and/or premises. If the
situation warrants, the official shall request law enforcement assistance
in gaining the required access.