[HISTORY: Adopted by the Board of Trustees
of the Village of Croton-on-Hudson as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-5-1957; amended in its entirety 4-10-2023 by L.L. No. 3-2023]
As used in this article, the following terms shall have the
meanings indicated:
The Village official designated to head the Engineering Department for the Village of Croton-on-Hudson in accordance with § 86-2. The term "Village Engineer" shall include his designee authorized to administer the provisions of this chapter.
A.
There is hereby established in the Village of Croton-on-Hudson a
department to be designated as the "Engineering Department" for the
administration and enforcement of the provisions of all laws, ordinances,
rules, regulations and orders applicable to the location, design,
materials, construction, alteration, repair, equipment, maintenance,
use, occupancy, removal and demolition of buildings and structures
and their appurtenances located in the Village of Croton-on-Hudson.
B.
The Engineering Department shall be headed by a Village official
designated as the "Village Engineer."
A.
The Village Engineer shall be a person who shall be a graduate of
a recognized college or university with a bachelor's degree in
engineering or architecture and shall have had at least five years'
experience as an engineer or architect, building inspector, building
contractor or supervisor of building construction and possess a professional
engineer's or architect's license. The Village Engineer
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 the Village Engineer shall obtain certification from the Department
of State pursuant to the Executive Law and the regulations promulgated
thereunder.
B.
The Village Engineer shall be appointed by the Village Manager at
a compensation to be fixed by the Board of Trustees.
A.
Assistant Village Engineer.
(1)
The Village Manager may appoint one or more assistants to the Village
Engineer, as the need may appear, to exercise, pursuant to the provisions
of this Article, any or all of the duties of the Village Engineer
as may be delegated to such assistants by the Village Engineer. The
compensation of such assistants shall be fixed by the Board of Trustees.
(2)
Each assistant shall be a person who has had at least three years
of practical experience in the design or construction of buildings
or in the design, construction or installation of plumbing, heating
or electrical equipment or shall have the same qualifications as are
required for the office of Village Engineer. Each assistant 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 inspector shall obtain certification from the Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
B.
Acting Village Engineer. In the absence of the Village Engineer or in the case of his inability to act for any reason, the Manager shall have the power, with the approval of the Board of Trustees, to designate a person to act in his behalf and to exercise all of the powers conferred upon him by this Article; provided, however, that no such designation shall be made for periods aggregating more than 60 days during any year, nor shall an Acting Village Engineer be designated for periods aggregating more than 60 days when the office of Village Engineer is vacant, unless the person so designated shall possess the qualifications prescribed by § 86-3A.
C.
Fire Inspector. The Fire Inspector for the Village of Croton-on-Hudson
or his designee may exercise, pursuant to the provisions of this article,
any or all of the duties of the Village Engineer as may be designated
to such assistants by the Village Engineer.
D.
Other employees. The Village Manager may appoint such other employees
as may be required from time to time by the Village Engineer to carry
out the functions of the Engineering Department.
No officer or employee of the Engineering Department shall engage
in activity inconsistent with his duties or with the interests of
said office, 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 of Croton-on-Hudson, excepting only that
this provision shall not prohibit any employee from such activities
in connection with the construction of a building or structure for
his own occupancy owned by him.
No official or employee of the Engineering Department shall,
while acting within the scope of his duties pursuant to the provisions
of this article, be personally liable for any damage that may accrue
to persons or property as the result of any act required or permitted
in the discharge of his official duties, provided that such acts are
performed in good faith and without gross negligence.
A.
Except as otherwise specifically provided by law, ordinance or regulation
or except as herein otherwise provided, the Village Engineer shall
administer and enforce all of the provisions of laws, ordinances and
regulations applicable to the construction, alteration, repair, removal
and demolition of buildings and structures and the installation and
use of materials and equipment therein and the location, use, occupancy
and maintenance thereof, pursuant to the provisions of the New York
State Uniform Fire Prevention and Building Code (the "Uniform Code")
and State Energy Conservation Construction Code (the "Energy Code")
and all other applicable laws, ordinances and regulations.
B.
He shall receive applications and issue permits for the erection,
alteration, removal and demolition of buildings or structures or parts
thereof 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 laws, ordinances and regulations governing
building construction, as set forth by the latest amended copy of
the Energy Code. He shall receive applications for sand bank and other
excavations and issue permits ensuring compliance with ordinances
governing said type of excavations, except as may be otherwise specifically
provided by law, ordinance or regulation.
C.
He shall issue all appropriate notices or orders to remove illegal
or unsafe conditions, to require the necessary safeguards during construction
and to ensure compliance during the entire course of construction
with the requirements of such laws, ordinances or regulations. He
shall make all inspections which are necessary or proper for the carrying
out of his duties, except that he may accept written reports of inspection
from Assistant Village Engineers or other employees of the Engineering
Department or from generally recognized and authoritative service
and inspection bureaus, provided that the same are certified by a
responsible official thereof.
D.
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances or regulations
covering building construction as set forth by the latest amended
copy of the Energy Code, he may require the performance of tests in
the field by experienced professional persons or by accredited and
authoritative testing laboratories or service bureaus or agencies.
E.
If deemed necessary, he may obtain such engineering assistance as
he may require to ensure an accurate inspection of building plans
and specifications, and the cost for such services shall be borne
by the applicant.
F.
The Village Engineer shall review and investigate complaints which
allege or assert the existence of conditions or activities that fail
to comply with the Uniform Code, Energy Code, this article, or any
other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or Energy Code. The process for
responding to a complaint shall include such of the following steps
as the Village Engineer may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
(2)
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 § 86-21.8 of this article;
(3)
If appropriate, issuing a stop-work order;
(4)
If a violation which was found to exist is 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 complaint.
G.
Local energy conservation construction code.
(1)
Notwithstanding any provision herein to the contrary, the Village
of Croton-on-Hudson hereby adopts, as its local energy conservation
construction code, the State Energy Code as modified in the manner
contemplated by NYStretch. Such local energy conservation construction
code shall consist of the provisions currently set forth in Part 1240
and in the publications currently incorporated by reference in Part
1240; provided, however, that the 2020 ECCCNYS and ASHRAE 90.1-2016
shall be deemed to be modified as follows:
(a)
In each case where a section, table, or appendix in the 2018
IECC is modified by NYStretch, the corresponding section, table, or
appendix in the 2020 ECCCNYS shall be deemed to be modified in the
same manner;
(b)
In each case where a section, table, or appendix is added to
the 2018 IECC by NYStretch, such section, table, or appendix shall
be deemed to be added to the 2020 ECCCNYS subject to the following
exception:
[1]
Section R403.6.2, which is added to the 2018 IECC by Section
3.11 of NYStretch, shall not be deemed to be added to the 2020 ECCCNYS;
(c)
Each section or table in ASHRAE 90.1-2016 that is modified by
NYStretch shall be deemed to be so modified; and
(d)
Each section added to ASHRAE 90.1-2016 by NYStretch shall be
deemed to be added to ASHRAE 90.1-2016.
A.
The Village Engineer shall keep permanent official records of all
transactions and activities of the Engineering Department, including
all applications received, permits and certificates issued, fees charged
and collected, inspections reports and notices and orders issued.
Where feasible, such records shall be permanently bound. Such applications,
permits and certificates shall be numbered consecutively. All such
records shall be public records open to public inspection during business
hours.
B.
The Village Engineer shall annually submit to the Board of Trustees
a written report and summary of all business conducted by the Engineering
Department, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending.
C.
The Village Engineer shall make a report to the Board of Trustees
once each month, or more often if directed by the Board of Trustees,
including a statement of permits and certificates issued or refused,
fees paid and orders promulgated, zoning violations and action taken
with respect thereto and such other matters as the Board of Trustees
may request.
D.
The Village Engineer shall annually submit to the Secretary of State,
on behalf of the Village of Croton-on-Hudson, on a form prescribed
by the Secretary of State, a report of the activities of the Village
of Croton-on-Hudson relative to administration and enforcement of
the Uniform Code.
E.
The Village Engineer shall, upon request of the New York State Department
of State, provide to the New York State Department of State, true
and complete copies of the records and related materials the Village
of Croton-on-Hudson is required to maintain; true and complete copies
of such portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
The Village Engineer may request and shall receive, so far as
may be necessary in the discharge of his duties, the assistance and
cooperation of the Police and Fire Departments and of all other Village
officials exercising any jurisdiction over the construction, use or
occupancy of buildings or the installation of equipment therein.
A.
No person, firm or corporation shall commence any work which must
conform to the Uniform Code and/or the Energy Code, including, but
not limited to, the erection, construction, enlargement, alteration,
removal, improvement, demolition, conversion or change in the nature
of the occupancy of any building or structure or cause the same to
be done without first obtaining a separate building permit from the
Engineering Department for each such building or structure.
B.
No building permit shall be required for:
(1)
The performance of ordinary repairs, provided that the work does
not have an impact on fire and life safety, such as:
(2)
The construction or installation of one-story detached structures
associated with one- or two-family dwellings or multiple single-family
dwellings (townhouses), which are used for tool and storage sheds,
playhouses, or similar uses, provided the gross floor area does not
exceed 20 square feet.
C.
Application for a building permit shall be made to the Village Engineer
on forms provided by the Engineering Department and shall contain
the following information:
(1)
A description of the land on which the proposed work is to be done,
including section, block and lot numbers, if any.
(2)
A statement of the use or occupancy of all parts of the land and
of the 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 responsible officers if any of them are
corporations.
(5)
A brief description of the nature, location, extent, and scope of
the proposed work.
(7)
Where applicable, a statement of special inspections to be prepared
in accordance with the provisions of the Uniform Code.
(8)
Such other information and documentation as may reasonably be required
by the Village Engineer to establish compliance of the proposed work
with the requirements of applicable building laws, including the Uniform
Code and Energy Code, ordinances and regulations.
D.
Applications shall be made by the owner or lessee or agent of either
or by the architect, engineer or building contractor 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 or applicant that the proposed work is authorized by the owner
and that the applicant is authorized to make such application.
E.
Each application for a building permit shall be accompanied by triplicate
three copies of plans and specifications, including, but not limited
to, the following, where applicable:
(1)
Describing the location, nature, extent and scope of the proposed
work and the materials to be incorporated;
(2)
Showing that the proposed work will conform to the applicable provisions
of the Uniform Code and Energy Code;
(3)
Showing the location, construction, size, and character of all portions
of the means of egress;
(4)
Showing a representation of the building thermal envelope;
(5)
Showing structural information, including, but not limited to, braced
wall designs; the size, section and relative locations of structural
members; design loads; and other pertinent structural information;
(6)
Showing the proposed structural, electrical, plumbing, mechanical,
fire protection, and other service systems of the building;
(7)
A written statement indicating compliance with the Energy Code;
(8)
A site plan, drawn to scale and in accordance with an accurate boundary
survey, showing the size and location of new construction and existing
structures and appurtenances on the site; distances from the lot lines;
the established street grades and the proposed finished grades; and,
as applicable, flood hazard areas, floodways, and design flood elevations;
(9)
Evidence that the plans and specifications were prepared by a licensed
and registered architect in accordance with Article 147 of the New
York State Education Law or a licensed and registered professional
engineer in accordance with Article 145 of the New York State Education
law and practice guidelines, including, but not limited to, the design
professional's seal which clearly and legibly shows both the
design professional's name and license number, and is signed
by the design professional whose name appears on the seal in such
a manner that neither the name nor the number is obscured in any way,
the design professional's registration expiration date, the design
professional's firm name (if not a sole practitioner), and, if
the documents are submitted by a professional engineering firm and
not a sole practitioner professional engineer, the firm's certificate
of authorization number; and
(10)
All other information and documentation that the Village Engineer
may deem necessary to allow the Village Engineer to determine that
the proposed work conforms to the Uniform Code, Energy Code, and all
other ordinances and regulations.
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Plans and specifications which are accepted as part of the application
for a building permit shall be marked as accepted by the Village Engineer
in writing or by stamp, or in the case of electronic media, an electronic
marking. One or more complete sets of approved plans and specifications
and other submittal documents shall be retained by the Village Engineer.
Two complete sets shall be returned to the applicant to be available
at the work site for use by the Village Engineer. The return of a
set of approved plans and specifications to the applicant shall not
be construed as an authorization to commence work, nor as an indication
that a building permit will be issued. Work shall not commence until
and unless a building permit is issued.
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F.
All work shall be performed in accordance with the plans and specifications
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 Village
Engineer of any change occurring during the course of work. The building
permit shall contain such a directive. If the Village Engineer 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.
G.
An application for a permit for any proposed work shall be deemed
to have been abandoned upon the lapse of 90 days after the date of
filing unless a permit has been issued before the expiration of that
period. The Village Engineer may grant, for reasonable cause, one
or more extensions of time for additional periods not exceeding 90
days each.
H.
In the case of any parcel of property for which site plan approval would be required for issuance of a building permit, no person, firm or corporation shall effect any change in the nature of use of property used or occupied by it or extend or change the use thereof or change the access from said parcel of property to a street or streets or cause any of the same to be done or continue in effect any such change of use or access effected after May 18, 1964, without first obtaining a change of use or access permit from the Engineering Department. The fee shall be in an amount set by resolution of the Board of Trustees, except that, where site plan approval is independently required in connection with obtaining a building permit, no separate change of use or access permit shall be required or fee charged. The provisions of this article, and particularly those of §§ 86-10, 86-11, 86-12, 86-14 through 86-19 and 86-21.3, shall, to the extent applicable, apply to a change of use or access permit as to a building permit.
I.
Payment of taxes and other payments required. No permits, variances,
licenses, subdivision or other approvals or authorizations shall be
issued, no applications therefor shall be considered, and no informal
preliminary review or other procedure in relation thereto shall be
conducted by the Village Board, the Planning Board, the Zoning Board
of Appeals, the Building Inspector or any other board, commission
or agency of the Village, with respect to any premises within the
Village, unless and until all amounts due the Village on said premises
in real estate taxes, special assessments and any other payments,
chargeable to the owner or possessor of said premises, together with
all penalties and interest thereon, shall have been paid in full.
The Village Board reserves the right to waive any and all of the above
conditions as deemed necessary to fit special circumstances.
A.
The Village Engineer shall examine or cause to be examined all applications
for permits and the plans, specifications and documents filed therewith
to ascertain whether the proposed work is in compliance with the applicable
requirements of the Uniform Code, Energy Code, and all other ordinances
and regulations. He shall approve or disapprove the application within
a reasonable time.
B.
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable building regulations,
including the Uniform Code and Energy Code, the Village Engineer shall
disapprove the same and shall return the plans and specifications
to the applicant. Upon the request of the applicant, the Village Engineer
shall cause such refusal, together with the reasons therefor, to be
transmitted to the applicant in writing.
C.
Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
A.
A building permit shall be effective to authorize the commencing
of work in accordance with the application, plans and specifications
on which it is based for a period of six months after the date of
its issuance. For good cause shown, and provided that there shall
have been no material change in applicable laws, ordinances or regulations
or in conditions immediately affecting the vicinity in which the property
to which the permit relates is located, the Village Engineer may allow
one extension of time for an additional period of three months. The
three-month permit extension shall require a fee in an amount determined
by a fee schedule established by resolution of the Board of Trustees.
B.
All permits issued under this article shall be void and of no effect after six months from the date of issue thereof (or nine months from the date of issue thereof if the permit has been extended), unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. If any permit becomes void as herein provided, 1/2 of the fee paid for such permit, not including any special fee covering examination of plans of a structure of complex design, may be refunded to the person who obtained the permit, provided that no work has been commenced and an application for refund is made within the six- or nine-month period, but in no case shall refunds be made on fees based on a construction of less than $1,000; and provided, further, that, notwithstanding any other provision hereof, all permits shall expire two years from the date of issuance unless the proposed work has been completed and a certificate of occupancy has been issued or unless such permit is extended by the Village Engineer in accordance with Subsection A above.
C.
The issuance of a building permit shall constitute authority to the
applicant to proceed with the work in accordance with the approved
plans and specifications and in accordance with the applicable building
laws, ordinances or regulations. All work shall conform to the approved
application, plans and specifications, except that no building permit
shall be valid insofar as it authorized the performance of work or
the use of materials which are not in accordance with the requirements
of the applicable building regulations and Village ordinances.
D.
Buildings or structures subject to the provisions of this article
hereafter erected without a permit shall be removed at the expense
of the owner, if so ordered by the Board of Trustees.
A.
Upon the filing of an application for a building permit, the applicant
shall pay a fee therefor in an amount set by resolution of the Board
of Trustees, based on the total valuation of the proposed work.
B.
The term "valuation" shall mean the reasonable value, as determined
by the Village Engineer, of all services, labor, materials and use
of equipment, scaffolding and other appliances entering into and necessary
for the prosecution of the work; except that the cost of grading,
landscaping and decorating or other work intended only for embellishment
shall not be deemed part of the cost.
C.
In the event that an application for a building permit is not approved,
the applicant shall be entitled to a refund of 50% of the fee paid,
provided that no construction has been commenced. If construction
work has been started and the application is not approved, the fees
paid shall not be refunded.
A.
If the Village Engineer determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code or Energy Code, or any other ordinance or regulation,
the Village Engineer shall revoke the building permit or suspend the
building permit until such time as the permit holder demonstrates
that all work completed and all work proposed shall be in compliance
with applicable provisions of the Uniform Code, Energy Code, and all
other ordinances and regulations.
B.
The Village Engineer may revoke a building permit therefore issued
and approved where the permit holder fails or refuses to comply with
a stop order issued by the Village Engineer.
A.
Work shall remain accessible and exposed until inspected and accepted by the Village Engineer. The permit holder shall notify the Village Engineer when any element of work described in Subsection B of this section is ready for inspection.
B.
The following elements of the construction process shall be inspected,
where applicable.
(1)
Work site prior to the issuance of a building permit;
(2)
Inspection of soil-bearing conditions for suitable bearing and checking
proposed structure for front and side yard requirements as per applicable
zoning regulations;
(3)
Footing and foundation;
(4)
Preparation for concrete slab;
(5)
Framing, before inside finish is completed;
(6)
Structural, electrical, plumbing, mechanical, fire protection and
other similar service systems of the building;
(7)
Fire-resistant construction;
(8)
Fire-resistant penetrations;
(9)
Solid fuel-burning heating appliances, chimneys, flues, or gas vents;
(10)
Inspections required to demonstrate Energy Code compliance,
including, but not limited to, insulation, fenestration, air leakage,
system controls, mechanical equipment size, and, where required, minimum
fan efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and
controls;
(11)
Installation, connection, and assembly of factor manufactured
buildings and manufactured homes; and
(12)
A final inspection after all work authorized by the building
permit has been completed.
C.
At the discretion of the Village Engineer authorized to perform construction
inspections, a remote inspection may be performed in lieu of an in-person
inspection when, in the opinion of the Village Engineer, the remote
inspection can be performed to the same level and quality as an in-person
inspection and the remote inspection shows to the satisfaction of
the Village Engineer or by such authorized inspector that the elements
of the construction process conform with the applicable requirements
of the Uniform Code and Energy Code. Should a remote inspection not
afford the Village Engineer sufficient information to make a determination,
an in-person inspection shall be performed.
D.
After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the permit holder shall be notified
as to the manner in which the work fails to comply with the Uniform
Code, Energy Code, or any other regulation or ordinance, including
a citation to the specific code provision or provisions that have
not been met. Work not in compliance with any applicable provision
of the Uniform Code, Energy Code, or any other regulation or ordinance
shall remain exposed until such work shall have been brought into
compliance with applicable portions of the Uniform Code, Energy Code,
or any other regulation or ordinance, reinspected, and found satisfactory
as completed.
Whenever the Village Engineer has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the Uniform Code, Energy Code, and 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 to such person by registered or certified
mail at the address listed on the application.
A.
The Village Engineer, in the discharge of his duties, shall have
the authority to enter any building or structure or premises at any
reasonable hour with the consent of the person in possession or occupancy.
B.
If admission is refused or cannot by obtained from the person, in
possession or occupancy, the Village Engineer shall be authorized
to obtain a warrant to make an inspection, provided probable cause
is shown.
C.
In case of an emergency, the Village Engineer may, without a warrant,
enter any premises, or parts of premises, to inspect the same, at
any time, without the permission of the person in possession or occupancy.
A.
No building hereafter erected shall be used or occupied in whole
or in part until a certificate of occupancy shall have been issued
by the Village Engineer.
B.
No building hereafter enlarged, extended or altered or upon which
work has been performed which required the issuance of a building
permit shall continue to be occupied or used for more than 30 days
after the completion of the alteration or work unless a certificate
of occupancy shall have been issued by the Village Engineer.
C.
No change shall be made in the use or type of occupancy of an existing
building unless a certificate of occupancy shall have been issued
by the Village Engineer.
A.
Inspection prior to issuance.
(1)
Before issuing a certificate of occupancy, the Village Engineer shall
examine or cause to be examined all buildings, structures and sites
for which an application has been filed for a building permit to construct,
enlarge, alter, repair, remove, demolish or change the use or occupancy,
and he may conduct such inspections as he deems appropriate from time
to time during and upon completion of the work for which a building
permit has been issued.
(2)
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 Village Engineer,
at the expense of the applicant for the certificate of occupancy,
shall be provided to the Village Engineer prior to the issuance of
the certificate of occupancy:
(a)
A written statement of structural observations and/or a final
report of special inspections;
(b)
Flood hazard certifications;
(c)
A written statement of the results of tests performed to show
compliance with the Energy Code; and
(d)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
(3)
There shall be maintained in the Engineering Department a record
of all such examinations and inspections, together with a record of
findings of violations of the law.
B.
Issuance of certificate of occupancy.
(1)
When, after final inspection, it is found that the proposed work
has been completed in accordance with the Uniform Code, Energy Code,
and all other applicable buildings laws, ordinances and regulations
and also in accordance with the application, plans and specifications
filed in connection with the issuance of the building permit, the
Village Engineer shall issue a certificate of occupancy upon the form
provided by him. If it is found that the proposed work has not been
properly completed, the Village Engineer shall refuse to issue a certificate
of occupancy and shall order the work completed in conformity with
the building permit and in conformity with the applicable building
regulations as set forth by the Uniform Code and Energy Code.
(2)
The certificate of occupancy shall certify that the work has been
completed and that the proposed use and occupancy is in conformity
with the provisions of the applicable building laws, ordinances and
regulations and contain the following information:
(a)
The building permit number, if any;
(b)
The date of issuance of the building permit, if any;
(c)
The name (if any), address and Tax Map number of the property;
(d)
If the certificate of occupancy is not applicable to an entire
structure, a description of that portion of the structure for which
the certificate of occupancy is issued;
(e)
The use and occupancy classification of the structure;
(f)
The type of construction of the structure;
(g)
The occupant load of the assembly areas of the structure, if
any;
(h)
Any special conditions imposed in connection with the issuance
of the building permit; and
(i)
The signature of the Village Engineer issuing the certificate
of occupancy and the date of issuance.
(3)
Any change in the nature of use of any parcel of property or extension or change in the present area of use or change in the access from the parcel of property to a street or streets for which a change of use or access permit is required under § 86-10H above or the continuance of any such change of use or access effected after May 18, 1964, shall require a new certificate of occupancy, which shall be granted only if the conditions of the foregoing Subsection A(1) and (2) are met, including the obtaining of the use or access permit in question.
(4)
A fee in the amount set by resolution of the Board of Trustees shall
be paid at the time of applying for each certificate of occupancy
or temporary certificate of occupancy.
C.
Temporary certificate of occupancy. Upon request, the Village Engineer may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that 1) such portion or portions as have been completed may be occupied safely without endangering life or the public welfare; 2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational; and 3) that all required means of egress from the structure have been provided. The Village Engineer may include in a temporary certificate of occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. The temporary certificate of occupancy shall contain all information as prescribed in Subsection B(2) of this section. A temporary certificate of occupancy shall be effective for a period of time, not to exceed six months, which shall be determined by the Village Engineer and specified in the temporary certificate of occupancy. During the specified period of effectiveness of the temporary certificate of occupancy, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code, Energy Code, and all other applicable building laws, regulations and ordinances.
D.
If the Village Engineer determines that a certificate of occupancy
or a temporary certificate of occupancy was issued in error or on
the basis of incorrect information, and if the relevant deficiencies
are not corrected to the satisfaction of the Village Engineer within
such period of time as shall be specified by the Village Engineer,
the Village Engineer shall revoke or suspend such certificate.
The Chief of the Fire Department of the Village of Croton-on-Hudson
or his designee shall promptly notify the Village Engineer of any
fire or explosion involving any structural damage, fuel burning appliance,
chimney, or gas vent.
Unsafe buildings, structures and equipment and conditions of imminent danger in the Village of Croton-on-Hudson shall be identified and addressed in accordance with the provisions of Chapter 90 of the Village Code, as now in effect or as hereafter amended from time to time.
A.
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
(1)
Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable maximum allowable quantity tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities
that are within the scope and/or permit requirements of the chapter
or section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(b)
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(f)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire byproducts or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270;
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle.
(3)
Energy storage systems, where the system exceeds the values
shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate
ratings in Section R327.5 of the RCNYS;
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of the Village of Croton-on-Hudson;
(9)
Other processes or activities or for operating any type of building,
structure or facility as determined by resolution adopted by the Board
of Trustees of the Village of Croton-on-Hudson.
B.
An application for an operating permit shall be in writing on a form
provided by or otherwise acceptable to the Village Engineer and include
any fee established by the Village Board of Trustees. Such application
shall include such information as Village Engineer deems sufficient
to permit a determination by the Village Engineer that quantities,
materials, and activities conform to the requirements of the Uniform
Code. If the Village Engineer 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 Village Engineer, at the expense of the applicant.
C.
Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (7) of this section, provided that the use is expressly authorized by a certificate of occupancy, fire safety and property maintenance inspections are performed in accordance with § 86-21.2 of this article, and condition assessments are performed in compliance with § 86-21.3 of this article, as applicable.
D.
The Village Engineer shall inspect the subject premises prior to
the issuance of an operating permit. Such inspections shall be performed
either in-person or remotely. Remote inspections in lieu of in-person
inspections may be performed when, at the discretion of the Village
Engineer, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Village Engineer that the premises conform
with the applicable requirements of the Uniform Code and the code
enforcement program. Should a remote inspection not afford the Village
of Croton-on-Hudson sufficient information to make a determination,
an in-person inspection shall be performed. After inspection, the
premises shall be noted as satisfactory and the operating permit shall
be issued, or the operating permit holder shall be notified as to
the manner in which the premises fail to comply with either or both
of the Uniform Code and the code enforcement program, including a
citation to the specific provision or provisions that have not been
met.
E.
In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Village Engineer may require a separate operating permit for each such activity, or the Village Engineer may, in their discretion, issue a single operating permit to apply to all such activities.
F.
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(1)
One hundred eighty days for tents, special event structures,
and other membrane structures;
(2)
Sixty days for alternative activities at a sugarhouse;
(3)
Three years for the activities, structures, and operations determined per Subsection A(9) of this section unless sooner designated by resolution of the Board of Trustees; and
(4)
One year for all other activities, structures, and operations identified in Subsection A of this section.
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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 Village Engineer, payment of the applicable
fee, and approval of such application by the Village Engineer.
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G.
If the Village Engineer determines that any activity or building
for which an operating permit was issued does not comply with any
applicable provision of the Uniform Code, such operating permit shall
be revoked or suspended.
A.
Fire safety and property maintenance inspections of buildings and structures shall be performed by the Village Engineer, the Fire Inspector in accordance with Chapter 125, or their designee(s) at the following intervals:
(1)
At least once every 12 months for buildings which contain an
assembly area;
(2)
At least once every 12 months for public and private schools
and colleges, including any buildings of such schools or colleges
containing classrooms, dormitories, fraternities, sororities, laboratories,
physical education, dining, or recreational facilities; and
(3)
At least once every 24 months for multiple dwellings; and
(4)
At least once every 36 months for all other nonresidential occupancies.
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Following the inspection, the Village Engineer, Chief, or their
designee shall note the inspected premises as satisfactory or the
owner and operator of the premises shall be notified as to the manner
in which the premises fails to comply with the Uniform Code, including
a citation to the specific Uniform Code provision or provisions that
have not been met.
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B.
At the discretion of the Village Engineer, the Chief, or their designee(s)
authorized to perform fire safety and property maintenance inspections,
a remote inspection may be performed in lieu of in-person inspections
when, in the opinion of the Village Engineer, the Chief, or their
designee(s), the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Village Engineer, the Chief, or their designee(s)
that the premises conform with the applicable provisions of 19 NYCRR
Part 1225 and the publications incorporated therein by reference and
the applicable provisions of 19 NYCRR Part 1226 and the publications
incorporated therein by reference. Should a remote inspection not
afford the Village Engineer, the Chief, or their designee(s) sufficient
information to make a determination, an in-person inspection shall
be performed.
C.
In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Village Engineer, the Chief, or their designee(s) to perform fire safety and property maintenance inspections at any time upon:
(1)
The request of the owner of the property to be inspected or
an authorized agent of such owner;
(2)
Receipt by the Village Engineer of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Village Engineer of any other information, reasonably
believed by the Village Engineer to be reliable, giving rise to reasonable
cause to believe that conditions or activities failing to comply with
the Uniform Code or Energy Code exist; provided, however, that nothing
in this subsection shall be construed as permitting an inspection
under any circumstances under which a court order or warrant permitting
such inspection is required, unless such court order or warrant shall
have been obtained.
D.
OFPC inspections.
(1)
Nothing in this section or in any other provision of this article
shall supersede, limit, or impair the powers, duties and responsibilities
of the New York State Office of Fire Prevention and Control ("OFPC")
and the New York State Fire Administrator or other authorized entity
under Executive Law § 156-e and Education Law § 807-b.
(2)
Notwithstanding any other provision of this section to the contrary,
the Village Engineer may accept an inspection performed by the Office
of Fire Prevention and Control or other authorized entity pursuant
to §§ 807-a and 807-b of the Education Law and/or § 156-e
of the Executive Law, in lieu of a fire safety and property maintenance
inspection performed by the Village Engineer or by an inspector, provided
that:
(a)
The Village Engineer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR section
1203.2(e);
(b)
The Village Engineer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(c)
Such inspections are performed no less frequently than once
a year;
(d)
A true and complete copy of the report of each such inspection
is provided to the Village Engineer; and
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as "unsafe" in §§ 304.1.1,
305.1.1, and 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to Village Engineer, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Each parking garage shall undergo an initial condition assessment
as follows:
(1)
Parking garages constructed in whole or in part prior to the
effective date of this article shall undergo an initial condition
assessment following construction and prior to a certificate of occupancy
or certificate of compliance being issued for the structure.
(2)
Any parking garage constructed prior to the effective date of
the local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this article.
D.
Following the initial condition assessment of a parking garage, such
parking garage shall undergo periodic condition assessments at intervals
not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2)
If the Village of Croton-on-Hudson becomes aware of any new or increased deterioration which, in the judgment of the Village Engineer, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village Engineer to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Village Engineer within 30 days. Such condition
assessment report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1)
An evaluation and description of the extent of deterioration
and conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration
and conditions that cause deterioration that, in the opinion of the
responsible professional engineer, should be remedied immediately
to prevent an unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not
addressing the deterioration, conditions that cause deterioration,
and unsafe conditions;
(7)
The responsible professional engineer's recommendation
regarding preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information
in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed. In making the
recommendation regarding the time within which the next condition
assessment of the parking garage or portion thereof should be performed,
the responsible professional engineer shall consider the parking garage's
age, maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.
The Village Engineer shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Village Engineer shall, by order to remedy or such other means of enforcement as the Village Engineer may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Village of Croton-on-Hudson to take any other enforcement action, including, but not limited to, suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H.
The Village Engineer shall retain all condition assessment reports
for the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment of
a parking garage, and who provides the Village Engineer with a written
statement attesting to the fact that he or she has been so engaged,
the Village Engineer shall make the previously prepared condition
assessment reports for such parking garage (or copies of such reports)
available to such professional engineer. The Village Engineer shall
be permitted to require the owner or operator of the subject parking
garage to pay all costs and expenses associated with making such previously
prepared condition assessment reports (or copies thereof) available
to the professional engineer.
I.
This section shall not limit or impair the right or the obligation
of the Village Engineer to:
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 86-21.2 of this article; and/or
(3)
To take such enforcement action or actions as may be necessary
or appropriate to respond to any condition that comes to the attention
of the Village Engineer by means of its own inspections or observations,
by means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
A.
The Village Engineer shall determine the climatic and geographic
design criteria for buildings and structures constructed within the
Village of Croton-on-Hudson as required by the Uniform Code. Such
determinations shall be made in the manner specified in the Uniform
Code using, where applicable, the maps, charts, and other information
provided in the Uniform Code. The criteria to be so determined shall
include, but shall not necessarily be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads;
seismic category; potential damage from weathering, frost, and termite;
winter design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures
within the scope of the RCNYS. The design criteria shall include the
data identified in the Design Criteria Table found in Chapter 3 of
the RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data.
The flood hazard map shall include, at a minimum, special flood hazard
areas as identified by the Federal Emergency Management Agency in
the Flood Insurance Study for the community, as amended or revised
with:
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of the applicable building laws, ordinances or regulations, the Village
Engineer may require the same to be subjected to tests paid for by
the applicant in order to furnish proof of such compliance.
No dereliction of duty or errors on the part of the Village
Engineer shall legalize the erection, construction or alteration of
any building not in conformity with the Uniform Code, Energy Code
and other applicable ordinances and regulations. The building permit
shall not be construed as authority to violate, cancel or set aside
any of the provisions of the Uniform Code, Energy Code, this article
or of any other statute or ordinance pertinent thereto.
When a building has been demolished and no building operation
has been projected or approved or in the event of substantial interruption
of work on a building or structure prior to the issuance of a certificate
of occupancy as the result of a stop-work order, the revocation or
expiration of a building permit or for any other cause, the premises
shall be maintained free from the accumulation of rubbish or water
and all other unsafe or hazardous conditions which endanger the life
or health of the public. The premises shall be safeguarded in the
manner ordered by the Village Engineer, including, among other requirements,
the taking down of walls or the covering of areas between walls. If
the owner of the property fails to comply with the order, the Village
Engineer may employ such labor and materials and other services as
may be necessary to perform the required work. All costs and expenses
so incurred by the Village shall be paid by the owner or may be assessed
against the land.
A.
It shall be unlawful for any person, firm or corporation 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 article or to fail in any manner to comply with a notice,
directive or order of the Village Engineer 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.
The Village Engineer is authorized to order, in writing, the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy
Code, or this article. An order to remedy shall be in writing; shall
be dated and signed by the Village Engineer; shall specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
article; shall specify the provision or provisions of the Uniform
Code, the Energy Code, or this article which is/are violated by the
specified condition or activity; shall direct the discontinuance of
the illegal action or condition; and shall include a statement substantially
similar to the following:
"The person or entity served with this order to remedy must
completely remedy each violation described in this order to remedy
by _____ [specify date], which is 30 days after the date of this order
to remedy."
The order to remedy may include provisions ordering the person
or entity served with such order to remedy: 1) to begin to remedy
the violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this article or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Village Engineer
may deem appropriate, during the period while such violations are
being remedied. The Village Engineer shall cause the order to remedy,
or a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail within five days
after the date of the order to remedy. The Village Engineer shall
be permitted, but not required, to cause the order to remedy, or a
copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in work being performed at the
affected property personally or by registered mail or certified mail
within five days after the date of the order to remedy; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order. Unless the
violation is abated within said period, the Village Engineer shall
suspend or revoke the permit for the building operation under which
the violation was committed.
C.
If the notice of violation is not complied with as provided herein,
the Village Engineer shall request the Village Attorney to institute
the appropriate proceedings at law or in equity to restrain, correct
or abate such violation and to require the removal or termination
of the unlawful condition or use of the building or structure.
D.
Every person who shall violate this article shall be subject to a
penalty as provided in § 382 of the Executive Law.
E.
The imposition of the penalties herein prescribed shall not preclude
the taking of any appropriate action 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 stop an illegal
act, disorderly conduct, business or use of a building, structure
or premises.
[Adopted 6-14-1976 by L.L. No. 1-1976]
[1]
Editor's Note: For statutory provisions, see
Art. 37 of the General Business Law, § 780 et seq.
When used in this Article, the following terms,
unless the context requires otherwise, shall have the following meanings:
Occurs where title to the home is not transferred to the
vendee because of the failure of the vendor to substantially perform
those provisions of the agreement between the vendor and vendee, wherein
the vendor undertook to build or construct a home for the vendee,
or where the vendor becomes insolvent.
The communication of an actual notice to the vendor of requests
made therein.
Any moneys given as downpayment by the vendee to the vendor
as required by the vendor prior to the commencement of the work to
be performed pursuant to an agreement between the vendor and the vendee,
wherein the vendor undertook to build or construct a home for the
vendee.
A new one- or two-family dwelling intended to be used primarily
as a residence.
The Village of Croton-on-Hudson.
Any individual or individuals who have contracted with a
vendor for construction of a home on land not owned at the time of
such agreement by such individual or individuals.
Any person, firm, corporation or association engaged in the
business of erecting or constructing homes.
When a vendor undertakes to build or construct
a home for a vendee and such vendee is required to pay a deposit to
such vendor, the vendor shall post with the chief fiscal officer (the
Village Treasurer) of the municipality wherein such home is to be
erected or constructed a bond in the amount of such deposit or deposits.
Such bond shall be posted within five business days after receipt
of said deposit or deposits by the vendor and shall secure the payment
of said deposit to the vendee upon the vendor's default. Such bond
shall be in such form as required by the Superintendent of Insurance.
In lieu of posting a bond as provided in this
Article, the vendor shall place the deposit or deposits paid to him
by the vendee in an interest-bearing escrow account with a bank, as
defined in the Banking Law, within five business days after receipt
of such deposit or deposits. Such deposit or deposits, together with
interest accumulated thereon, shall remain the property of the vendee,
except as otherwise provided herein.
A.
Upon transfer of title of the home to the vendee,
the bond posted pursuant to this Article shall be released; and any
funds held in escrow pursuant to the provisions of this Article, together
with interest accumulated thereon, shall become the property of the
vendor, unless otherwise agreed between the vendor and vendee.
B.
Upon default by the vendor, the vendee may demand
return of his deposit or deposits from the vendor. If the vendor has
placed the deposit or deposits in an escrow account pursuant to the
provisions of this article, he shall physically transfer the account
to the vendee or pay the balance of said account to the vendee within
14 business days after the day on which the demand was made. If the
vendor has posted a bond pursuant to the provisions of this article,
the vendee may initiate action for payment thereon if his deposit
or deposits have not been paid to such vendee by the vendor within
14 business days after the day in which said demand was made.
A.
Failure of the vendor to comply with any of the provisions of this Article is a misappropriation of funds, and action may be brought by the vendee against the vendor for the return of any moneys advanced. In addition, such vendor shall be liable for criminal action pursuant to the provisions of Subsection B of this section.
B.
Failure of the vendor to comply with any of the provisions
of this Article shall be deemed a misdemeanor.
C.
Nothing in this Article shall impair, limit or reduce
the statutory, common law or contractual duties or liability of any
vendor in the construction of a home, nor shall these provisions apply
to any local law or ordinance which requires the posting of public
improvement bonds.
