[HISTORY: Adopted by the Board of Trustees of the Village of Upper
Brookville 5-15-2007 by L.L. No. 7-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 93.
Fees and deposits -- See Ch. 112.
Subdivision of land — See Ch. 180.
Zoning — See Ch. 205.
[1]
This local law was originally designated to be added as Chapter 9,
but was renumbered to maintain the organizational style of the Code.
This chapter provides for the administration and enforcement of the
Code of the Village of Upper Brookville (Village Code), the New York State
Uniform Fire Prevention and Building Code (the Uniform Code) and the State
Energy Conservation Construction Code (the Energy Code) within the Village
of Upper Brookville. This chapter is adopted pursuant to § 10 of
the Municipal Home Rule Law. Except as otherwise provided in the Village Code,
the Uniform Code or other state law, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes the Building Inspector and the Deputy Building Inspector.
The Building Inspector appointed pursuant to § 92-3B of this chapter.
A permit issued pursuant to § 92-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 92-8 of this chapter.
A certificate issued pursuant to § 92-8B of this chapter.
A Deputy Building Inspector appointed pursuant to § 92-3D of this chapter.
The State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
The Building Inspector, Deputy Building Inspector, Village Code Enforcement
Officer or Street Commissioner while exercising their respective authorized
duties.
A notice and/or order issued by the Village Code Enforcement Officer, Building Inspector or Deputy Building Inspector pursuant to § 92-16A of this chapter.
A permit issued pursuant to § 92-11 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
A written document issued by a designated official or board granting
permission to conduct a regulated activity.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or any other
legal or commercial entity of any kind or description.
An order issued pursuant to § 92-6 of this chapter.
That which is built or constructed, or a portion thereof.
A certificate issued pursuant to § 92-8D of this chapter.
The New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
The Village of Upper Brookville.
The Village Code Enforcement Officer appointed pursuant to § 92-3F of this chapter.
A.
The Village shall have the public office of Building
Inspector. The Building Inspector shall administer and enforce all the provisions
of the Uniform Code and Energy Code. The Building Inspector shall have the
following powers and duties:
(1)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, temporary certificates, certificates
of continued use and operating permits (hereinafter collectively referred
to as “permits and certificates”), and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue permits
and certificates, and to include in permits and certificates such terms and
conditions as the Building Inspector may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be
made prior to the issuance of certificates of occupancy, temporary certificates,
certificates of continued use and operating permits, firesafety and property
maintenance inspections, inspections incidental to the investigation of complaints,
and all other inspections required or permitted under any provision of this
chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue notices of violations and orders pursuant to § 92-16A, Notices of violation, of this chapter;
(7)
To maintain records;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's attorney, to
pursue such legal actions and proceedings as may be necessary to enforce the
Village Code, Uniform Code, and the Energy Code. or to abate or correct conditions
not in compliance with such Codes; and
(11)
To exercise all other powers and fulfill all other duties
conferred upon the Building Inspector by this chapter.
B.
The Building Inspector shall be appointed by resolution
of the Board of Trustees. The Building Inspector shall possess background
experience related to building construction or fire prevention and 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 Building Inspector
shall obtain certification from the State Fire Administrator pursuant to the
Executive Law and the regulations promulgated thereunder.
C.
In the event that the Building Inspector is unable to
serve as such for any reason, an individual shall be appointed by resolution
of the Board of Trustees to serve as Acting Building Inspector. The Acting
Building Inspector shall, during the term of his or her appointment, exercise
all powers and fulfill all duties conferred upon the Building Inspector by
the Village Code.
D.
One or more Deputy Building Inspectors may be appointed
by resolution of the Board of Trustees to act under the supervision and direction
of the Building Inspector and to assist the Building Inspector in the exercise
of the powers and fulfillment of the duties conferred upon the Building Inspector
by the Village Code. Each Deputy Building Inspector shall, within the time
prescribed by law, obtain such basic training, in-service training, advanced
in-service training and other training as the State of New York shall require
for code enforcement personnel, and each Deputy Building Inspector shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The compensation for the Building Inspector and Deputy
Building Inspectors shall be fixed from time to time by the Board of Trustees
of the Village.
F.
The Board of Trustees may also appoint a Village Code Enforcement
Officer. The Village Code Enforcement Officer is a public officer who shall
have the authority to enforce provisions of the Village Code, including the
issuance of appearance tickets and notices of violation for violations of
the Village Code. The Village Code Enforcement Officer's powers may extend
to enforcement of the Uniform Code and/or Energy Code; provided (s)he shall
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 obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work that requires a building permit which must conform to the Village Code, Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a permanent heating appliance, chimney or flue in any dwelling unit or structure; swimming pool or hot tub heater; driveways and courts; and sanitary systems. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B.
Exemptions. No building permit shall be required for
work in any of the following categories:
(1)
Installation of window awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2)
Installation of movable cases less than five feet nine
inches in height;
(3)
Painting, wallpapering, tiling, carpeting, or other similar
finish work;
(4)
Replacement of exposed electrical or plumbing fixtures
or appliances;
(5)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(6)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress;
or the rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation
of any building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Village Code, Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a
building permit shall be made in writing on a form provided by or otherwise
acceptable to the Building Inspector. The application shall be signed by the
owner of the property where the work is to be performed or by an authorized
agent of the owner. The application shall include such information as the
Building Inspector deems sufficient to permit a determination by the Building
Inspector that the intended work complies with all applicable requirements
of the Village Code, Uniform Code and the Energy Code. The application shall
include or be accompanied by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises
where the work is to be performed;
(3)
The occupancy classification of any affected building
or structure;
(4)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code; and
(5)
Two sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect
or licensed professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature
and extent of the work proposed;
(d)
Substantiate that the proposed work will comply with
the Village Code, Uniform Code and the Energy Code.
(6)
Two copies of a layout or plot plan drawn to scale, showing the
actual shape and dimensions of the lot to be built upon, the exact size and
location on the lot of the building and accessory buildings existing and the
lines within which the building or structure shall be erected or altered,
the existing and intended use of each building or part of the building, and
such other information with regard to the lot and neighboring lots that may
be necessary to determine and provide for the enforcement of this chapter,
including the location of any existing or proposed well or septic system.
All dimensions shown on this plan relating to the location and size of the
lot to be built upon shall be based on an actual survey, and the lot shall
be staked out on the ground before construction is started so that the Building
Inspector may determine by measurement in the field that the yard requirements
for the district in which the use is located have been met.
E.
Construction documents. Construction documents and plot plans (“plans”) will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Plans which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted plans shall be retained by the Building Inspector, and one set of the accepted plans shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Inspector. However, the return of a set of accepted plans to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building
permit shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Village Code, Uniform Code and Energy
Code. The Building Inspector shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the Village Code,
Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall
be visibly displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be performed in accordance with construction
documents. All work shall be performed in accordance with the plans which
were submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit holder
shall immediately notify the Building Inspector of any change occurring during
the course of the work. The building permit shall contain such a directive.
If the Building Inspector determines that such change warrants a new or amended
building permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
I.
Time limits. Building permits for single-family dwellings shall expire 24 months after the date of issuance. For all other construction, a building permit shall expire 12 months after the date of issuance. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed for an additional twelve-month period upon application by the permit holder and payment of the applicable fee in Chapter 112 of the Village Code. No further renewals of a building permit shall be granted, unless authorized by the Board of Trustees upon good cause shown.
J.
Revocation or suspension of building permits. If the
Building Inspector 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 Village Code, Uniform Code or the
Energy Code, the Building Inspector shall revoke the building permit or suspend
the building permit until such time as the permit holder demonstrates that
all work then completed is in compliance with all applicable provisions of
the Village Code, Uniform Code and the Energy Code and all work then proposed
to be performed shall be in compliance with all applicable provisions of the
Village Code, Uniform Code and the Energy Code.
K.
Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 112 of this Code must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
M.
Any building, extension or alteration for which a permit has
been duly granted, the construction of which has been started before the effective
date of this chapter or of an amendment thereto, and the ground-story framework
of which, including the second tier of beams, has been completed within one
year after the adoption of this chapter or amendment thereto, may be completed
in accordance with plans on file with the Building Inspector, provided that
such construction is diligently prosecuted and the building is completed within
two years of the adoption of this chapter or an amendment thereto. If any
of the requirements shall not have been fulfilled within the prescribed period,
or if the building operations are discontinued for a period of six months,
any other construction shall be in conformity with the provisions of this
chapter.
N.
Whenever the Village Board, by resolution, authorizes a public
hearing on a proposed amendment to this chapter, and for a period of 60 days
following the date of such resolution, no building or structure shall be erected,
enlarged, or altered, and no permit shall be issued for the erection, enlargement
or alteration of any building or structure or for the occupancy of any land
or building in any manner that would be contrary to the provisions of the
proposed amendment.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by a Deputy Building Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion
thereof shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Village Code,
Uniform Code or Energy Code. Work not in compliance with any applicable provision
of the Village Code, Uniform Code or Energy Code shall remain exposed until
such work shall have been brought into compliance with all applicable provisions
of the Village Code, Uniform Code and the Energy Code, reinspected, and found
satisfactory as completed.
A.
Authority to issue. The Enforcement Officer is authorized
to issue or serve stop-work orders pursuant to this section, except that only
the Building Inspector and Deputy Building Inspector are authorized to issue
stop-work orders for violations of the Uniform Code or Energy Code. Any other
public servant authorized by the Board of Trustees may also serve a stop-work
order. A stop-work order shall halt:
(1)
Any work that is contrary to any applicable provision
of the Village Code, Uniform Code or Energy Code, without regard to whether
such work is or is not work for which a permit is required, and without regard
to whether a permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe
manner, without regard to whether such work is or is not work for which a
permit is required, and without regard to whether a permit has or has not
been issued for such work; or
(3)
Any work for which a permit is required which is being
performed without the required permit, or under a permit that has become invalid,
has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall be
in writing, be dated and signed by the Enforcement Officer, state the reason
or reasons for issuance, order the suspension of all permit activities until
the stop-work order has been rescinded, and, if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
C.
Service of stop-work orders. The Enforcement Officer
shall cause the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder, on the
permit holder) personally or by registered or certified mail. The Enforcement
Officer shall be permitted, but not required, to cause the stop-work order,
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 affected by the stop-work order, personally
or by registered or certified mail; the service of such stop-work order by
e-mail or facsimile to the e-mail address or facsimile number listed on the
application for building permit shall be presumptive evidence that the addressee
has received a stop-work order; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of the stop-work
order.
D.
Effect of stop-work order. Upon the issuance of a stop-work
order, the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 92-16, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
The Enforcement Officer may revoke a permit theretofore issued and approved
in the following instances:
A.
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications on which
the permit was based.
B.
Where he finds that the permit was issued in error and should
not have been issued in accordance with the applicable law.
C.
Where he finds that the work performed under a valid permit is
not being prosecuted in accordance with the provisions of the application,
plans or specifications and the permit holder fails or refuses to comply with
the requirements of a notice of violation or stop-work order and the Board
of Trustees after notice and hearing approves the revocation of the permit.
A.
Certificates of occupancy required. A certificate of
occupancy shall be required for any work which is the subject of a building
permit and for all structures, buildings, or portions thereof which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof, for
which a building permit was previously issued shall be granted only by issuance
of a certificate of occupancy.
B.
Issuance of certificates of occupancy. The Building Inspector
shall issue a certificate of occupancy if the work which was the subject of
the building permit was completed in accordance with all applicable provisions
of the Village Code, Uniform Code and Energy Code and, if applicable, the
structure, building or portion thereof that was converted from one use or
occupancy classification or subclassification to another complies with all
applicable provisions of the Village Code, Uniform Code and Energy Code. The
Building Inspector or a Deputy Building Inspector authorized by the Building
Inspector shall inspect the building, structure or work prior to the issuance
of a certificate of occupancy. In addition, where applicable, the following
documents, prepared in accordance with the provisions of the Uniform Code
by such person or persons as may be designated by or otherwise acceptable
to the Building Inspector, at the expense of the applicant for the certificate
of occupancy, shall be provided to the Building Inspector prior to the issuance
of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate
of occupancy shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
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;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation
as to whether the sprinkler system is required;
(9)
Any special conditions imposed in connection with the
issuance of the building permit; and
(10)
The signature of the Building Inspector issuing the certificate
of occupancy and the date of issuance.
D.
Temporary certificate. The Building Inspector shall be
permitted to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion of the
work which is the subject of a building permit. However, in no event shall
the Building Inspector issue a temporary certificate unless the Building Inspector
determines that the building or structure, or the portion thereof covered
by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting
or fire protection equipment which has been installed is operational, and
that all required means of egress from the building or structure have been
provided. The Building Inspector may include in a temporary certificate such
terms and conditions as he or she deems necessary or appropriate to ensure
safety or to further the purposes and intent of the Village Code or Uniform
Code. A temporary certificate shall be effective for a period of time, not
to exceed six months, which shall be determined by the Building Inspector
and specified in the temporary certificate. During the specified period of
effectiveness of the temporary certificate, the permit holder shall undertake
to bring the building or structure into full compliance with all applicable
provisions of the Village Code, Uniform Code and the Energy Code.
E.
Any building or structure having been erected, enlarged or altered
without a building permit, and for which an applicant now seeks a certificate
of occupancy, may be entitled to a certificate of continued use provided that
the structure conforms to all zoning, building code and other governmental
approvals required at the time the building or structure was erected, enlarged
or altered. This certificate of continued use shall be in lieu of a certificate
of occupancy for the structure.
F.
It shall be the duty of the Building Inspector to issue a certificate
of continued use provided the use and location of the building or structure
conformed with all the provisions of the Village Zoning Ordinance[1] in effect at the time of its erection, enlargement or alteration.
The applicant shall submit surveys, construction plans showing the building
or structure as constructed, electrical underwriter certificates, and other
governmental approvals required at the time of erection, enlargement or alteration,
and any other document reasonably necessary for the Building Inspector to
determine that such building or structure was built in conformance with all
municipal requirements in place at the time of its erection, enlargement or
alteration.
G.
Revocation or suspension of certificates. If the Building
Inspector determines that a certificate of occupancy, temporary certificate,
or certificate of continued use was issued in error because of incorrect,
inaccurate or incomplete information, and if the relevant deficiencies are
not corrected to the satisfaction of the Building Inspector within such period
of time as shall be specified by the Building Inspector, the Building Inspector
shall revoke or suspend such certificate.
The chief of any fire department providing fire-fighting services for
a property within this Village shall promptly notify the Building Inspector
of any fire or explosion involving any structural damage, fuel-burning appliance,
chimney or gas vent.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the
activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials
in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and
incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but not
limited to commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
(e)
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.
B.
Applications for operating permits. An application for
an operating permit shall be in writing on a form provided by or otherwise
acceptable to the Building Inspector. Such application shall include such
information as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that quantities, materials, and activities conform
to the requirements of the Uniform Code. If the Building Inspector determines
that tests or reports are necessary to verify conformance, such tests or reports
shall be performed or provided by such person or persons as may be designated
by or otherwise acceptable to the Building Inspector, at the expense of the
applicant.
C.
Inspections. The Building Inspector or an inspector authorized
by the Building Inspector shall inspect the subject premises prior to the
issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
remain in effect until reissued, renewed, revoked, or suspended.
F.
Revocation or suspension of operating permits. If the
Building Inspector determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of the Uniform
Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the Building
Inspector or a Deputy Building Inspector designated by the Building Inspector
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings
or structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings
or structures being occupied as dormitories shall be performed at least once
every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or a Deputy Building Inspector designated by the Building Inspector at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Village Code, Uniform Code or Energy Code exist; or receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Village Code, 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.
C.
Firesafety inspections need not be conducted by Village officials
if such inspections are routinely conducted by the Nassau County Fire Marshal's
Office or higher authority.
D.
OFPC inspections. Nothing in this section or in any other
provision of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention and Control
("OFPC") and the New York State Fire Administrator under Executive Law § 156-e
and Education Law § 807-b. Notwithstanding any other provision of
this section to the contrary:
(1)
The Building Inspector shall not perform firesafety and
property maintenance inspections of a building or structure which contains
an area of public assembly if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(2)
The Building Inspector shall not perform firesafety and
property maintenance inspections of a building or structure occupied as a
dormitory if OFPC performs firesafety and property maintenance inspections
of such building or structure at least once every 12 months;
(3)
The Building Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Building Inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Building Inspector shall review and investigate complaints which
allege or assert the existence of conditions or activities that fail to comply
with the Village Code, Uniform Code, the Energy Code, or any other local law
or regulation adopted for administration and enforcement of the Village Code,
Uniform Code or the Energy Code. The process for responding to a complaint
shall include such of the following steps as the Building Inspector, Deputy
Building Inspector or Village Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities
alleged to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 92-16, Enforcement; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
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.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents
approved;
(3)
All building permits, certificates of occupancy, temporary
certificates, certificates of continued use, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All fees charged and collected; and
B.
All such records shall be public records open for public
inspection during normal business hours. All plans and records pertaining
to buildings or structures, or appurtenances thereto, shall be retained for
at least the minimum time period so required by state law and regulation.
A.
The Building Inspector shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Building Inspector and the Deputy Building Inspectors, including a report and summary of all transactions and activities described in § 92-14, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector shall annually submit to the Secretary
of State, on behalf of this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
C.
The Building Inspector shall, upon request of the New
York State Department of State, provide to the New York State Department of
State, from the records and related materials this Village is required to
maintain, excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Village in connection with administration
and enforcement of the Uniform Code.
A.
Notices of violation. The Enforcement Officer 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 Village Code, Uniform Code, or the Energy Code. Upon finding that any
such condition or activity exists, the Building Inspector shall issue a notice
of violation. The notice of violation shall be in writing; be dated and signed
by the Enforcement Officer; specify the condition or activity that violates
the Village Code, Uniform Code, or the Energy Code; specify the provision
or provisions of the Village Code, Uniform Code, or the Energy Code which
is/are violated by the specified condition or activity; specify the period
of time which the Enforcement Officer deems to be reasonably necessary for
achieving compliance; direct that compliance be achieved within the specified
period of time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified period
of time. The Enforcement Officer shall cause the notice of violation, or a
copy thereof, to be served on the owner of the affected property personally
or by certified mail. The Building Inspector shall be permitted, but not required,
to cause the notice of violation, 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 certified mail; provided,
however, that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the notice of violation.
B.
Appearance tickets. The Enforcement Officer and any other
public officer who, by virtue of office, title or position is authorized or
required to enforce any statute, local law, ordinance, rule or regulation
relating to parking, licensing of occupations or businesses, fire prevention
and safety, health and sanitation, and building, zoning and planning, are
hereby authorized to issue appearance tickets relating to enforcement of said
statutes, local laws, ordinances, rules or regulations; provided, however,
that peace officers are also hereby authorized to issue appearance tickets
relating to enforcement of any statute, local law, ordinance, rule or regulation
affecting the public health, safety and welfare. However, only the Building
Inspector and Deputy Building Inspector are authorized to issue appearance
tickets for violations of the Uniform Code or Energy Code.
C.
Penalties for offenses.
(1)
Violations and penalties.
(a)
Any owner, lessee, contractor, agent or individual, whether a
person, partnership or corporation, shall be guilty of an offense if he:
[1]
Occupies, uses or maintains, or causes or permits to be occupied,
used of maintained; or erects, enlarges, alters or converts, or causes, or
permits to be erected, enlarged, altered or converted any building, structure
or part thereof or any land in the Village not in conformity with the provisions
of the Village Code, Uniform Code or Energy Code; or
[2]
In any manner violates, or allows, causes, permits, takes part
or assists in a violation of any provision of the Village Code, Uniform Code
or Energy Code or of any regulation, order or ruling promulgated thereunder,
including, but not limited to, the terms or conditions of any building permit,
certificate of occupancy, temporary certificate, certificate of continued
use, stop work order, operating permit, or a decision of the Board of Zoning
Appeals or Planning Board; or
[3]
Violates any written stop-work order.
(b)
A person convicted of an offense shall be guilty of a violation
as defined in the Penal Law.
(c)
A violation of two or more sections of the Village Code, Uniform
Code, or Energy Code, or provisions within a section, shall be separate and
distinct offenses for which a fine may be levied.
(d)
Each and every day a violation exists or continues shall constitute
a separate and distinct violation conviction for which shall be an additional
offense.
(e)
Each violation of the Uniform Code or Energy Code shall be punishable
by a fine not less than $1,000 and not to exceed $5,000, or a term of imprisonment
not to exceed 15 days, or both.
(f)
Each violation of the Village Code shall be punishable by a fine
or term of imprisonment specified in such Code for the particular violation.
(g)
If any person fails to abate any such violation of this chapter
within five calendar days after written notice has been served personally
upon said person, or within 10 days after written notice has been sent to
said person by certified mail at said person’s home or business address,
said person shall be subject to a civil penalty of $1,000 for each and every
day that said violation continues, recoverable by suit brought by the Village.
(h)
The Board of Trustees may enforce obedience to any provisions
of the Village Code, Uniform Code or Energy Code by injunction in an action
in the State Supreme Court or by any other civil remedy.
(2)
Any building erected, constructed, altered, converted, enlarged,
moved, or used contrary to any of the provisions of the Uniform Code or Village
Code, and any use of any land or any building which is conducted, operated
or maintained contrary to any of the provisions of the Uniform Code or Village
Code, shall be and the same is hereby declared to be unlawful. The appropriate
Village authorities may institute an action to prevent, enjoin, abate, or
remove such erection, construction, alteration, enlargement, conversion or
use in violation of any of the provisions of the Village Code, Uniform Code
or Energy Code.
D.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 92-6, Stop-work orders, of this chapter, in any other section of the Village Code, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 92-6, Stop-work orders, and § 92-7, Revocation of permit, of this chapter, in any other section of Village Code, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
The Board of Trustees of this Village may, by resolution, authorize
the Mayor of this Village to enter into an agreement, in the name of this
Village, with other governments to carry out the terms of this chapter, provided
that such agreement does not violate any provision of the Uniform Code, the
Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
In the event that any provisions of this chapter conflict with the provisions
of any other chapter of this Code, the most stringent and comprehensive requirement
shall apply.
If any section of this chapter shall be held unconstitutional, invalid,
or ineffective, in whole or in part, such determination shall not be deemed
to affect, impair, or invalidate the remainder of this chapter.
This chapter shall take effect immediately upon filing in the office
of the New York State Secretary of State in accordance with § 27
of the Municipal Home Rule Law.