[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-4-1942]
All persons, except such as are duly and specially authorized
by law in such cases made and provided, are forbidden and prohibited
from hawking, peddling, auctioneering, soliciting and canvassing,
or conducting circuses, menageries, public exhibitions amusement parks
or shows, or distributing bills or other advertising matter, or hanging,
exhibiting or swinging banners, placards or any other matter in, upon
and across the streets in the Village of Wolcott, without first obtaining
from the Village Board of said Village a license authorizing and regulating
the same, for which a fee of $5 per day or $50 for a year shall be
charged.
Any persons violating this article shall be punishable for the
first offense by a fine not exceeding $25 or by imprisonment in the
Wayne County Jail for 25 days, or both, and for a second or subsequent
offense by a fine not exceeding $50 or by imprisonment in the Wayne
County Jail for 50 days, or both.
[Adopted 10-8-1985 by L.L. No. 4-1985]
A.
No person, firm or corporation shall commence the erection, construction,
enlargement, alteration, improvement, 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 Building Official for each such building or structure; except
that no building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
B.
Application for a building permit shall be made to the Building Official
on forms provided by him and shall contain the following information:
(1)
A description of the land on which the proposed work is to be done.
(2)
A statement of the use or occupancy of all parts of the land and
the proposed 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, and the name and address of the owner's authorized
agent, if any.
(5)
A brief description of the nature of the proposed work.
(6)
If the construction is to be in accordance with the provisions of
the state building construction code, a statement that the application
is made for permission to construct in accordance with the provisions
of such code.
(8)
Such other information as may reasonably be required by the Building
Official to establish compliance of the proposed work with the requirements
of the applicable building laws, ordinances, rules and regulations.
C.
The application shall be signed by the owner or his authorized agent.
D.
The application shall be made by the owner or by the agent, architect,
engineer, or builder 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 that the proposed
work is authorized by the owner and that the applicant is authorized
to make such application; and the affidavit shall contain a statement
that the owner authorizes the applicant to consent to permit the Building
Official, any building inspector and any officer or employee of the
Building Department to enter upon the premises without a search warrant
in the manner prescribed in Rule No. 7.[2]
E.
Each application for a building permit shall be accompanied by duplicate
copies of plans and specifications, including a plot plan, drawn to
scale, showing the location and size of all proposed new construction
and all existing structures on the site, the nature and character
of the work to be performed and the materials to be incorporated,
distance from lot lines, the relationship of structures on adjoining
property, widths and grades of adjoining streets, walks, and alleys
and, where required by the Building Official, details of structural,
mechanical, and electrical work, including computations, stress diagrams
and other essential technical data; plans and specifications shall
bear the signature of the person responsible for the design and drawings
and where required by § 7202 or 7302, as amended, of Article
145 or 147 of the Education Law of the State of New York, the seal
of a licensed architect or a licensed professional engineer; the Building
Official may waive the requirements for filing plans and specifications
for minor alterations and issue a building permit so stating.
F.
Amendments, if any, to the application or to the plans and specifications
accompanying the same shall be filed with the Building Official and
approval received from the Building Official prior to the commencement
of such change of work.
A.
Upon the filing of an application for a building permit a fee of
$25 shall be paid.
B.
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 no work has been commenced. If work has been started and
the application is not approved, the fees paid shall not be refunded.
A.
The Building Official shall examine or cause to be examined all applications
for permits and the plans, specifications and documents filed therewith.
He shall approve or disapprove the application within 60 days from
the date of submission of the application.
B.
Upon approval of the application and upon receipt of the legal fees
therefor, the Building Official shall issue a building permit to the
applicant upon the form prescribed by the Building Official and shall
affix his signature or cause his signature to be affixed thereto.
C.
Upon approval of the application, both sets of plans and specifications
shall be endorsed with the word "approved." One set of such approved
plans and specifications shall be retained in the files of the Building
Department and the other set shall be returned to the applicant together
with the building permit and shall be kept by the applicant at the
building site open to inspection by the Building Official or his authorized
representative at all reasonable times.
D.
If the application together with plans, specifications and other
documents filed therewith describe proposed work which does not conform
to all of the requirements of the applicable building regulations,
the Building Official shall disapprove the same and shall return the
plans and specifications to the applicant. Upon the request of the
applicant, the Building Official shall cause such refusal, together
with the reasons therefor, to be transmitted to the applicant in writing.
A.
A building permit shall be effective to authorize the commencing
of work for a period of six months after the date of its issuance.
For good cause, the Building Official may allow a maximum of two extensions
for periods not exceeding three months each. All work shall conform
to the approved application, plans and specifications and shall be
in accordance with applicable building laws, ordinances, rules, and
regulations.
B.
Building permits shall be prominently displayed on the job site at
all times during the progress of the work so as to be readily seen
from adjacent thoroughfares.
The Building Official may revoke a building permit therefor
issued 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 building permit was based.
B.
Where he finds that the building 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 the permit is not being
prosecuted in accordance with the provisions of the application, plans
or specifications.
D.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop order issued by the Building Official.
Whenever the Building Official has reasonable grounds to believe
that work on any building or structure is being prosecuted in violation
of the provisions of the applicable building laws, ordinances, rules,
or regulations, or not in conformity with the provisions of an application,
plans or specifications on the basis of which a building permit was
issued, or in an unsafe and dangerous manner, he shall notify the
owner of the property, or the owner's agent, to suspend all work,
and any such persons shall forthwith stop such work and suspend all
building activities until the stop-work 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
where the work is being performed and sending a copy of the same to
him by certified mail at the address set forth in the application
for permission for the construction of such building.
The Building Official and building inspectors, upon the showing
of proper credentials and in the discharge of their duties, shall
be permitted to enter upon any building, structure, or premises, without
interference, during reasonable working hours.
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 Building Official.
B.
No building hereafter enlarged, extended, or altered, or upon which
work has been performed which required the issuance of a building
permit shall 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 Building Official.
C.
No change shall be made in the nature of the occupancy of an existing
building unless a certificate of occupancy authorizing such change
shall have been issued by the Building Official.
D.
The owner or his agent shall make application for a certificate of
occupancy. Accompanying this application and before issuance of a
certificate of occupancy, there shall be filed with the Building Official
an affidavit of the registered architect or licensed professional
engineer who filed the original plans, or of the registered architect
or licensed professional engineer who supervised the construction
of the work and who, by reason of his experience, is qualified to
superintend the work for which the certificate of occupancy is sought.
This affidavit shall state that the deponent has examined the approved
plans of the structure for which a certificate of occupancy is sought,
that the structure has been erected in accordance with approved plans,
and as erected complied with the law governing building construction
or as varied by a variance which has been legally authorized. Such
variances and qualifying conditions imposed therewith, if any, shall
be specified in the affidavit.
Before issuing a certificate of occupancy, the Building Official
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, or change the use or nature
of 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. There shall be maintained in the
Building Department a record of all such examinations and inspections
together with a record of findings of violations of the law.
A.
When, after final inspection, it is found that the proposed work
has been completed in accordance with the applicable building laws,
ordinances, rules, and regulations, and also in accordance with the
application, plans, and specifications filed in connection with the
issuance of the building permit, the Building Official 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
Building Official shall not 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.
B.
A certificate of occupancy shall be issued, where appropriate, within
30 days after written application therefor is made.
C.
The certificate of occupancy shall certify that the work has been
completed, and that the proposed use and occupancy are in conformity
with the provisions of the applicable building laws, ordinances, rules
and regulations, and shall specify the use or uses and the extent
thereof to which the building or structure or its several parts may
be put.
Upon request, the Building Official 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 such portion or portions as have been completed may be occupied
safely without endangering life or the public health or welfare. A
temporary certificate of occupancy shall remain effective for a period
not exceeding three months from its date of issuance. For good cause,
the Building Official may allow a maximum of two extensions for periods
not exceeding three months each.
