Village of Sands Point, NY Article VII Administration and Enforcement

[Amended 10-22-1990 by L.L. No. 7-1990; 8-23-1994 by L.L. No. 4-1994; 1-24-1995 by L.L. No. 2-1995; 10-22-1996 by L.L. No. 2-1996; 9-25-2001 by L.L. No. 7-2001; 4-25-2006 by L.L. No. 1-2006; 4-25-2006 by L.L. No. 2-2006; 12-19-2006 by L.L. No. 5-2006; 3-22-2016 by L.L. No. 2-2016; 4-21-2016 by L.L. No. 4-2016; 10-25-2016 by L.L. No. 10-2016; 8-25-2020 by L.L. No. 2-2020; 3-28-2023 by L.L. No. 1-2023; 12-18-2023 by L.L. No. 16-2023]

§ 176-49 Standards.

The New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Code, as amended, and all the provisions of this article are applicable and enforceable within the Incorporated Village of Sands Point and are hereinafter referred to as the "Building Code."

§ 176-50 Activities for which permits are required.

In addition to the activities set forth in the New York State Uniform Fire Prevention and Building Code, including regulations pursuant thereto, permits are required for:

A. Driveways. Installation or reconstruction of driveways, paved or unpaved, must be submitted for approval by the Building Commissioner pursuant to this section.

B. Unless governed by a more specific provision of law, permits are required for the construction of:

(1) All structures.

(2) A Sport Court.

(3) A deck.

(4) A shed.

(5) A swimming pool.

(6) A satellite dish antenna exceeding 24 inches in diameter.

(7) Fencing.

(8) Retaining walls.

(9) A new or modified underground sprinkler system.

(10) A new or modified storm or sanitary system.

(11) Addition, removal, or distribution of fill.

(12) Demolition.

(13) Substantial replacement of house siding and/or windows.

(14) The substantial clearing of wooded areas or the substantial denuding of natural ground cover.

(15) Central air-conditioning units and electric generating units located outside a dwelling, which such units shall be prohibited in the front yard and otherwise restricted to locations abutting or as close to the dwelling itself as practicable.

§ 176-51 Appointment of Building Commissioner, Deputy Building Commissioner and Building Inspector; Code Enforcement Officer; Village Architect.

A. The Mayor may appoint one Building Commissioner and one or more Deputy Building Commissioners. A Deputy Building Commissioner may, at the direction of the Building Commissioner or the Mayor, act on behalf of the Building Commissioner in the Commissioner's absence.

B. As the need may appear, the Mayor may appoint one or more Building Inspectors, who shall be qualified and appointed as "Code Enforcement Officers." Building Inspectors shall act under the supervision and direction of the Building Commissioner and shall assist the Building Commissioner as the Commissioner may direct.

C. (Reserved)

D. In the absence of a Building Commissioner or the Deputy Building Commissioner or in the case of the inability of either to act for any reason, the Mayor shall have the power to act on behalf of the Building Commissioner and to exercise all the powers conferred upon him by this article.

E. One or more Code Enforcement Officers may be appointed by the Mayor. A Code Enforcement Officer shall be licensed by the State of New York 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 Code Enforcement Officers shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

F. The Mayor may appoint a Village Architect who shall advise and consult with the Mayor, the Building Commissioner, Village boards, or officers as directed by the Mayor.

§ 176-52 Powers and duties of Building Commissioner and Deputy Building Commissioner; right to enter; inspections; recordkeeping.

A. Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Building Commissioner shall administer and enforce all of the provisions of the Building Code, any regulations promulgated thereunder, and any rules and regulations adopted by the Village of Sands Point applicable to the construction, alteration, removal, and demolition of buildings, site work, and structures, including, but not limited to, electrical, plumbing and drainage work therein, and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.

B. During construction or prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Building Commissioner, Deputy Building Commissioner, Building Inspector, Code Enforcement Officers, or other persons designated by the Building Commissioner shall have the right, for reasons of public health or safety, at any reasonable hour, upon the showing of proper credentials and in the discharge of their duties, to enter upon any building, structure, or premises for which an application for a permit from the Building Department has been filed or a Building Permit has been issued, and no person or animal shall interfere with or prevent such entry. The application for a Building Permit shall be conclusively deemed consent to the aforementioned entry.

C. The Building Commissioner and the Deputy Building Commissioner may, on complaint or other information, examine existing and completed buildings and structures, as well as buildings and structures under construction, and may 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 applicable laws, codes, ordinances or regulations. The Building Commissioner and the Deputy Building Commissioner may make all inspections which are necessary or proper for the carrying out of their duties, except as they may accept written reports and certifications of inspection from others.

D. The Building Commissioner shall keep permanent official records of all transactions and activities conducted by him and the Deputy Building Commissioner, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality and notices and orders issued.

E. The Building Commissioner may, in his discretion, as a condition to the issuance of a permit for any activity under his jurisdiction, require that sound buffers and/or landscape screening or other reasonable mitigation measures under the circumstances be provided and maintained to reduce, to the extent practicable, the adverse impacts that the noise and/or view of such improvements may reasonably be expected to have upon neighboring properties.

F. In consultation with this Village's Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this article or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this article.

G. Exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article.

§ 176-53 Building Permit required.

A. No person, firm, or legal entity shall commence an excavation for a foundation, the construction, enlargement, alteration, removal, improvement, demolition, conversion, or change in the nature of any occupancy of any building or structure or the use of land, or cause the same to be done, without first obtaining a separate Building Permit or a use permit, as the case may be, from the Building Commissioner for each such building or structure or plot of land, except that no Building Permit shall be required for the performance of work which is determined by the Building Commissioner to be ordinary repairs and which is not structural in nature. At the time of application, all fees and deposits required pursuant to Chapter 82, Fees and Deposits, shall be paid in full.

B. Improvements not requiring a Building Permit for work pursuant to § 176-50 shall not be deemed an authorization for work to be performed in contravention of the Uniform Code or the Energy Code or of the area requirements of this Chapter.

§ 176-54 (Reserved)

§ 176-55 Permit applications to be examined by Building Commissioner.

The Building Commissioner or the Deputy Building Commissioner may examine or cause to be examined all applications for permits which have been duly filed with the Village Clerk on prescribed application forms and accompanied by plans, specifications, and documents required therewith which are to be in compliance with the Building Code and other applicable requirements, rules, and regulations of the Village. Unless deemed insubstantial by the Building Commissioner or the Deputy Building Commissioner, all plans and specifications submitted by an applicant shall have been prepared, signed, and sealed by an architect or engineer registered or licensed to practice pursuant to the New York State Education Law. The Building Commissioner or his or her Deputy shall approve or disapprove the application within a reasonable time.

§ 176-56 Permit application requirements; issuance of permit; display at work site.

A. Application for Building Permits for methods of sewage disposal projects and for swimming pools must be in accordance with the requirements of the Village of Sands Point and the requirements of the Departments of Health of Nassau County and of the State of New York.

B. Where additional water usage may be involved, the application for a Building Permit shall include a certificate from the Village Water Commissioner as to water availability.

C. In order to carry out his functions under this article and to protect the health, safety, and general welfare of the community, the Building Commissioner may require the submission of additional information.

D. At the discretion of the Building Commissioner and depending upon topography and the nature of the proposed construction, the applicant may be required to submit a site plan and/or topographical plan prepared, signed, and sealed by a professional licensed to do so by the New York State Department of Education. Said topographical plan shall indicate elevations at two-foot intervals and provide for drainage facilities and drainage so as to ensure adequate protection for the surrounding areas, including but not limited to roads and neighboring properties. Said topographical plan shall also include all factors which are material, including but not limited to surface drainage, existing structures, future development, elevations of surrounding areas, actual and potential capacities of all stormwater basins and pools and the size thereof. Said plan shall be reviewed by the Village Engineer and must meet with his approval prior to the issuance of a Building Permit.

E. No Building Permit shall be issued for or in connection with any parcel or project until the applicant for said permit shall have received such approval of the proposed construction or alteration as may be required by other governmental or municipal agencies.

F. No Building Permit shall be issued for or in connection with any parcel or project which is subject to the provisions of § 176-54 until a bond for a period of a minimum of three years in an amount to be approved by the Planning Board after recommendation of the Village Engineer and approved as to form and substance by the Village Attorney shall be posted to ensure against damage to Village or private property.

G. No Building Permit or use permit shall be issued until the Building Commissioner or his designee has determined that the proposed building, alteration, or use complies with all the provisions of this article and any other laws, ordinances and regulations applicable thereto and does not adversely affect the health, safety and general welfare of the community and does not have an adverse environmental impact upon the community.

H. Building Permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

§ 176-57 Building Permit term; notification of commencement of work; permit extensions; expiration of permits.

A. Building Permit term. A Building Permit shall be effective to authorize the commencement of work in accordance with the application, plans and specifications upon which it is based, in general, of up to 18 months depending on the nature of the work to be performed after the date of its issuance. If substantial construction is not commenced within this period, the permit is automatically revoked and deemed null and void.

B. Notification of commencement of work. The permittee shall notify the Building Inspector, in writing, of the date when the work authorized has begun.

C. Permit extensions.

(1) For good cause shown, the Building Commissioner or the Superintendent of the Building Department may allow extensions of the permit, for a period of six months each, provided that the application for the first extension has been made before the expiration date of the original permit and subsequent extensions prior to the expiration of a prior extension. No extension for a Building Permit shall be granted until all outstanding Village fees and hearing charges, including engineering, stenographic, consulting, and legal expenses that the applicant is responsible for under the Village's fee and deposit law, and all current and past due Village taxes and assessments have been paid in full.

(2) Any request for an extension beyond the third extension shall be by application to the Superintendent of the Building Department. The Superintendent of the Building Department shall present the application to the Village Board which may grant further extensions after appropriate hearing for good cause shown in the sole discretion of the Board based on the recommendation of the Superintendent of the Building Department and the reasons presented for an additional extension, subject to such conditions that the Board deems reasonable and appropriate.

(3) The continued work on, or use or occupancy of, any building or structure is prohibited after the expiration of a Building Permit, or after the expiration of any extension granted pursuant to this section.

(4) Permit extensions shall be obtained until a Certificate of Occupancy or Certificate of Completion is issued regardless if any work is being done on the property, whether the property is occupied, or whether the property is being used by the property owner, contractor, or any other individual or corporate entity.

D. Expiration of permits. In the event a Building Permit expires, such Building Permit immediately becomes null and void, and the permittee must reapply to the Building Department for a new Building Permit and conform to all requirements and fees then in effect for issuance of a permit as if a prior Building Permit had not been issued.

§ 176-58 Conditions of permits; construction inspections; construction site maintenance.

A. No foundation or construction for which a Building Permit has been issued shall be commenced on the premises unless:

(1) A water meter and water service line have been installed as required in the rates, rules, and regulations of the Municipal Water Works of the Village of Sands Point and such service is in operation; and

(2) There shall have been endorsed upon the Building Permit, required to be kept by the permittee on the premises, a certification by the Village that the water meter and service line have been installed and are in question.

B. Whenever necessary or appropriate to assure compliance with the provisions of the applicable laws, codes, ordinances, or regulations covering building construction, the Building Commissioner may require the applicant, at applicant's own cost, to provide test data and information from professional persons or from accredited and authoritative service bureaus or agencies.

C. The Building Commissioner may, at his discretion, issue a permit subject to the condition that an architect or engineer licensed pursuant to the New York State Department of Education be employed by the owner or builder to supervise and inspect all work done under the permit, in order to assure that the work conforms to the approved plans and the specifications. Immediately upon completion of the work, said architect or engineer shall file with the Building Commissioner an affidavit that he has complied with all inspection requirements and that the work has been carried out in accordance with the approved plans and specifications and in accordance with the provisions of this article. In such case, the Building Commissioner may rely upon such affidavit as evidence that such structure conforms substantially to the approved plans, specifications and the requirements of the Code applying to structures of its class and kind.

D. In order to carry out his functions under this article and to protect the health, safety, and general welfare of the community, the Building Commissioner may require the submission of additional information.

E. Construction inspections.

(1) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection E(2) of this section is ready for inspection.

(2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where and when applicable:

(a) Work site prior to the issuance of a Building Permit;

(b) Footing and foundation;

(c) Preparation for concrete slab;

(d) Framing;

(e) Building systems, including underground and rough-in;

(f) Fire-resistant construction;

(g) Fire-resistant penetrations;

(h) Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(i) Energy Code compliance; and

(j) A final inspection after all work authorized by the Building Permit has been completed.

(3) 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 Uniform Code or the Energy Code. Work not in compliance with any applicable provision of the Uniform Code or the Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

(4) Fee. All fees specified in or determined in accordance with the provisions set forth in § 176-66 and Article VII of the Village Code should be paid prior to each inspection performed and must be paid in full prior and as a condition to the issuance of a certificate of occupancy or completion.

F. Construction site maintenance.

(1) Construction activity shall be performed in conformance with Village Code § 110-4F. Further, noise-dampening practice will be employed, including keeping all mechanical construction equipment in good working order, using exhaust mufflers on compressed air exhaust, using engine enclosures, and using noise attenuating shields or shrouds on all equipment and trucks. If pile driving is necessary, noise barriers (i.e., plywood barriers) shall be placed around building site construction.

(2) All construction staging, parking, loading, unloading, and other associated activities will take place within the boundaries of the construction site, when possible, to minimize the impacts on the surrounding area.

(3) Property owners, operators or contractors shall control the amount of dust generated by minimizing the area of the site that is subject to the disturbance at one time, use of temporary covers on exposed soil areas, limiting the movement of trucks and construction equipment over exposed soil surface areas, covering haul trucks to prevent dust emissions while in transit and keeping a water truck on site to wet dry soils.

(4) Solid waste related to construction or demolition shall be placed into suitable dumpsters, containers, or other approved disposable methods on a daily basis. Dumpsters or other containers shall not be overfilled and shall be removed from the premises within 10 days of being filled to capacity. A dumpster shall be considered overfilled if there is more waste deposited into the dumpster than said dumpster was designed to hold. The construction site shall be maintained free from excessive accumulations of solid waste, debris or litter.

(5) All construction sites shall be graded and maintained in such a way as to prevent the introduction of eroded soil onto other properties.

(6) Construction sites shall be maintained free of all noxious weeds and other plant growth in excess of 10 inches.

(7) Conditions of permits; construction inspections; construction site maintenance. All unsecured areas of construction sites, including excavations, shall be enclosed with a metal chain-link construction fence no less than six feet high to prevent the entry of unauthorized persons. The proposed area to be enclosed and the height of the fence must be approved by the Building Inspector, who, in his or her sole discretion, may require additional areas of a site to be enclosed or fencing exceeding six feet in height.

(8) If permanent toilet facilities are not available on the premises, one portable toilet shall be provided for the use of construction workers. Portable toilets shall be located on the construction site and not on a sidewalk, area designated for a sidewalk, street or public right-of-way, and they shall be located a minimum of 15 feet from all lot lines and at such locations so as to minimize adverse aesthetic conditions, and the doors thereof shall not face any street. Portable toilets located upon construction sites shall be serviced at regular intervals so as to prevent overloading, the escape of materials contained therein and so as to prevent obnoxious odors or nuisances of any type escaping therefrom.

§ 176-59 Certificates of Occupancy, Temporary Certificates of Occupancy, and Certificates of Completion.

A. No Certificate of Occupancy, Temporary Certificate of Occupancy, or Certificate of Completion shall be issued for a Structure or an Alteration completed under a Building Permit until:

(1) All outstanding Village fees and hearing charges, including engineering, stenographic, consulting, and legal expenses that the applicant is responsible for under the Village's fee and deposit law, and all current and past due Village taxes and assessments have been paid in full;

(2) A final certification is filed with the Village by a licensed architect or licensed engineer stating that the Structure was in fact erected or altered in conformity with the plans therefor which had been approved by the Building Department; and

(3) If work under permit involved new Structures or additions to Structures, including Fences, a survey must be submitted indicating all Structures on the property, including sanitary systems, and dry wells.

B. In addition to the requirements of Subsection A of this section, when, after final inspection and submission of all required documents containing information sufficient to satisfy the Building Department, it is found that the proposed work has been completed in accordance with this chapter, the applicable building codes, ordinances, and regulations and also in accordance with the application, plans, and specifications filed in connection with the issuance of the Building Permit, the Building Department shall issue a Certificate of Occupancy or Certificate of Completion. If it is found that the proposed work has not been properly completed, the Building Department shall refuse to issue a Certificate of Occupancy or Certificate of Completion and shall order the work completed in conformity with the Building Permit and in conformity with the applicable Building Code regulations.

C. The Certificate of Occupancy or Certificate of Completion shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of this chapter, applicable building codes, ordinances, and regulations and shall specify the use or uses and the extent thereof to which the Building or Structure or its several parts of the land may be put.

D. No Certificate of Occupancy or Temporary Certificate of Occupancy for the use of a Building requiring water service shall be issued until a water meter and water service line have been installed as required in the rates, rules, and regulations of the Village's water department, and such system is in operation.

E. No Building hereafter erected shall be used or occupied in whole or part until a Certificate of Occupancy, Temporary Certificate of Occupancy, or a Certificate of Completion shall have been issued by the Building Department.

F. No Building 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, Temporary Certificate of Occupancy, or a Certificate of Completion shall have been issued by the Building Department.

G. No change shall be made in the use or type of occupancy of any existing Building or plot of land unless a Certificate of Occupancy or a Certificate of Completion shall have been issued by the Building Department.

H. Temporary Certificate of Occupancy.

(1) Where a Building or Structure is safe for occupation and substantially completed, but work on the Building, Structure, or surrounding property is incomplete due to weather, the implementation of an approved landscape plan, or such other issues not related to health and safety in occupying the Building or Structure, upon application of the owner or the owner's authorized representative to the Building Department, the Building Department 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. However, in no event shall the Building Department issue a Temporary Certificate of Occupancy unless it determines, after an inspection:

(a) That the Building or Structure or the portion thereof covered by the Temporary Certificate of Occupancy may be occupied safely, and that immediate occupancy will not jeopardize life, health, and property;

(b) That all required fire and smoke detecting or fire-protection equipment has been installed and is operational;

(c) That all required means of egress from the Building or Structure have been provided; and

(d) That the Building, Structure, or part thereof, that has been completed, was completed in accordance with the plans previously approved by the Village.

(2) An application for a Temporary Certificate of Occupancy must include the following:

(a) Inspection certificates, installation certifications, underwriters' or electrical inspection certificates, and approvals deemed required by the Building Inspector;

(b) A properly executed harmless agreement from the applicant, in favor of the Village, that the Village will be held harmless from any and all liability, cost, or expense, including attorney's fees for any action or work performed or any accident, injury, or claim which arises from or occurs during or subsequently to the time the Temporary Certificate of Occupancy is in effect;

(c) An agreement by the applicant that the issuance of a Temporary Certificate of Occupancy does not replace, waive, or eliminate any other requirements of the Code for issuance of a Temporary Certificate of Occupancy and does not reduce or eliminate any other requirement, charge, application, fee, or cost which is otherwise set or imposed in the Code for the issuance of a Certificate of Occupancy;

(d) A written certification from the Village confirming that all outstanding Village fees and hearing charges, including engineering, stenographic, consulting, and legal expenses that the Applicant is responsible for under the Village Code, and all current and past due Village taxes, assessments, and water rents have been paid in full.

(3) The Building Department may include in a Temporary Certificate of Occupancy such terms and conditions as it deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code.

(4) A Temporary Certificate of Occupancy shall be effective for a period of time, not to exceed six months from issuance, or a period of time which shall be determined by the Building Department 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, Structure, or property into full compliance with applicable law.

(5) Such Temporary Certificate of Occupancy may be renewed at the discretion of the Building Department, upon a showing of good cause.

(6) Fee. The nonrefundable filing fee for the Temporary Certificate of Occupancy and each subsequent renewal application shall be listed in Chapter 82, Fees and Deposits, of the Code and must be paid at the time of submission of an application for a Temporary Certificate of Occupancy or renewal application.

(7) Revocation or suspension. The Building Department may revoke or suspend a Temporary Certificate of Occupancy if the Building Department determines that a Temporary Certificate of Occupancy was issued in error because of incorrect, inaccurate, or incomplete information, or if the relevant deficiencies are not corrected to the satisfaction of the Building Department, or if the Building Department learns of information or a condition which warrant revocation or suspension.

(8) Penalties for offenses.

(a) Unless otherwise specified in this Chapter, any Person violating any of the provisions of this section, shall, upon conviction thereof, be subject to a fine as outlined in Chapter 82, Fees and Deposits, of the Code.

(b) If the violation is of a continuing nature, each hour during which any of these offenses occurs shall constitute an additional, separate, and distinct offense.

(c) In addition to any other remedy provided by law, the Village Board may commence an action to enjoin violations of this section.

§ 176-60 Cancellation or abandonment of project.

A. The applicant for a Building Permit may apply to the Village Board for a withdrawal of the application for or cancellation of a building permit, as the case may be, and a refund of the Building Permit fee and certificate of occupancy or certificate of completion fee. The Village Board, in its discretion, may grant said application for a withdrawal of the application for or the cancellation of the Building Permit, provided that said application is made within nine months of the date of the issuance of the permit or within nine months of the date of the application for said permit, as the case may be, and may order a refund of:

(1) Not more than 1/2 of the Building Permit fee paid, provided that the actual cost to the Village shall not exceed 1/2 of the fee paid, whereupon a refund may only be granted for the difference between the amount of fee paid and the actual cost to the Village.

(2) Any fee paid in connection with a certificate of occupancy or a certificate of completion.

B. In the event that an architect or engineer shall, for any reason, discontinue his inspection of the construction of the structure at any time prior to completion, the property owner shall immediately notify the Building Commissioner of such fact, and thereupon the Building Permit issued for such construction shall be suspended and no further work shall be done thereunder until an affidavit is filed by the property owner with the Village Clerk certifying that inspection of the construction has been resumed by another or the same architect or engineer. Any permit which is suspended for more than six months shall be automatically revoked and deemed null and void.

C. In the event of the abandonment of any building project, it shall be the duty of the holder of the permit or the owner of the premises, his agent or duly authorized representative to backfill any open excavation up to the street or ground level and to maintain the structure and property in a manner which limits and prevents danger to persons or property and eliminates any potential fire hazards.

§ 176-61 Adjustments to permits and fees.

A. In the event that construction either is commenced prior to the issuance of a Building Permit or in excess or otherwise in violation of the work authorized pursuant to a validly issued Building Permit, the fee for any new or amended Building Permit issued thereafter shall be as determined by the Village Board on notice to the applicant in an amount not to exceed four times the fee that would have been payable had the permit for all work involved been properly applied for prior to any construction under the original permit.

B. The effective date of any permit or amendment thereof issued after commencement of the original construction shall be, as nearly as can be determined, the original date of commencement of construction had the construction been done pursuant to a duly issued Building Permit. Fees for extension of such a Building Permit shall be due and payable at the expiration of the permit pursuant to the established effective date.

C. Alterations to any plans filed with and approved by the Building Commissioner upon which a Building Permit or amendment thereto is issued shall be submitted in a form prescribed by the Building Commissioner and subject to the procedure set forth herein for the approval of original building plans.

§ 176-62 Revocation of permits.

The Building Commissioner shall have authority to revoke permits in instances:

A. Where the Building Commissioner finds that an application (including any plans or specifications) contains any false statements or misrepresentations as to any material fact upon which the permit was based.

B. Where the Building Commissioner finds that the permit was issued in error or was not issued in accordance with applicable laws, codes, ordinances and/or regulations.

C. Where the Building Commissioner finds that the work performed under the permit is not being pursued in accordance with the filed and approved application, plans and/or specifications.

D. Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Building Commissioner.

§ 176-63 Remedial orders; stop-work orders.

A. Remedial orders. The Building Commissioner shall have the power to order, in writing, the remedying of any conditions found to exist in, on or about any building in violation of the Building Code or any other laws, codes, ordinances or regulations applicable to the construction, alteration, repair, removal or demolition of buildings or structures, including electrical, plumbing and drainage work and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof, or where the construction area is unsafe, unclean, untidy or unsightly. Such orders shall be served upon the owner of the premises or his authorized agent personally or by certified mail, addressed to the owner or his authorized agent at the address set forth in the application for an existing permit for the premises, or, if no effective application or permit has been filed, by certified mail to the owner of the premises at his last known address. The Building Commissioner may grant, in writing, such time as may be reasonably necessary for achieving compliance with such order.

B. Stop-work orders. Whenever the Building Commissioner has reasonable ground to believe that work on any building or structure is proceeding beyond the scope of a permit or is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe and dangerous manner, he shall deliver notice of same to the Village Clerk, who shall issue a stop-work order. Such order shall be served upon the owner of the premises or his authorized agent personally or by certified mail, addressed to the owner or his authorized agent at the address set forth in the application for an existing permit for the premises, or, if no effective application or permit has been filed, by certified mail to the owner of the premises at his last known address. Upon the issuance of a stop-work order, any and all persons shall immediately cease all work and related activities at the subject premises until the order has been duly rescinded.

C. Any remedial or stop-work order issued pursuant to this chapter shall be in a form prescribed by the Village Clerk and shall state the reasons for issuance of the order, together with the date of issuance. The order shall bear the signature of the Village Clerk and shall be prominently posted at the work site.

§ 176-64 Review boards.

A. Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the Building Code, applications for variances consistent with the spirit of the Building Code may be made to the regional New York State Board of Review in accordance with Part 440 of the New York Code of Rules and Regulations, entitled "Uniform Code: Board of Review," as promulgated by the New York State Department of State. The Code Enforcement Officer shall maintain a copy of such rules and regulations for public inspection and shall obtain and retain a copy of all decisions rendered by the Board of Review pertaining to matters affecting the Village of Sands Point.

B. Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this Building Zone Ordinance of the Village or any other laws, ordinances or regulations which provide for the process of appeal and which provision is not also required by the Building Code, applications for variances consistent with the spirit of such law, rule or regulation may be made to the Village Board of Appeals.

§ 176-65 Notice of violation; penalties for offenses; other remedies.

A. Upon determination by the Building Commissioner that a violation of the Building Code or Building Zone Ordinance, or resolution or order adopted by a Village board, exists in, on, under or about any building or premises, he shall cause to be served upon the owner of the premises, or his authorized agent, a written notice of violation. Such notice shall describe the premises by street address or by reference to its designation on the Nassau County Land & Tax Map and state the specific provision of the Building Code, Building Zone Ordinance or resolution or order adopted by a Village board which the particular condition violates and shall order the remedying of the condition within such time as may be reasonably necessary for achieving compliance, which in no event shall be more than 180 days. Such notice shall be served upon the owner of the premises or his authorized agent, personally or by certified mail, at his last known address, as the same appears on the assessment rolls of the Village. The Building Commissioner shall cause a copy of such notice to be filed in the office of the Village Clerk against the subject property until such time as the violation is cured.

B. Any person, firm or corporation who violates any provision of the Building Code or any rule or regulation of this Building Zone Ordinance or the terms or conditions of any resolution or order adopted by a Village Board or certificate of occupancy or certificate of completion issued by the Building Commissioner shall be liable for fines and penalties pursuant to Article VIII, § 176-67.

C. Nothing herein contained shall be construed as prohibiting the Village from instituting an action in Village Justice Court, at any time, to recover the fines and penalties provided by this section.

D. Alternatively, or in addition to an action to recover the fines and penalties provided by this section, the Village may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce any provision of, the Building Code or of this Building Zone Ordinance, this article or the terms or conditions of any resolution or order adopted by a Village board or certificate of occupancy or certificate of completion issued by the Building Commissioner.

§ 176-66 Fees.

A fee schedule may be established by resolution of the Village Board consistent with and supplement to Article VII of this Chapter. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in or determined in accordance with such fee schedule or amended fee schedule shall be charged and collected for the submission of applications; the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Certificates of Completion, Temporary Certificates of Occupancy; fire safety and property maintenance inspections; and other actions of the Code Enforcement Officer described in or contemplated by Article VI of this Chapter.

§ 176-66.1 Non-Payment of Building Permit Fees, Charges, and Deposits.

A. The failure to pay any Building Permit fees, costs, charges, and deposits for which a permit applicant or property owner is responsible under Chapter 176 or Chapter 82 of the Code, including fees for the extension of a Building Permit, shall be deemed a violation, punishable pursuant to Chapter 82 of the Code, and shall become a lien upon the property until paid. The Village shall note such violation on the records of the Building Department for the property that is the subject of the permit application, including on the Certificate of Occupancy for such property. Such notation shall constitute notice of the violation to all present or future property owners.

B. The Village shall not accept, review, or approve an application for a building permit until all past due fees, costs, charges, and deposits are paid in full.