[HISTORY: Adopted by the Town Board of the
Town of Yorktown 8-3-2010 by L.L. No. 5-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 130.
Unsafe buildings — See Ch. 135.
Conservation areas — See Ch. 140.
Environmental quality review — See Ch. 161.
Erosion and sediment control — See
Ch. 165.
Flood damage prevention — See Ch. 175.
Freshwater wetlands — See Ch. 178.
Land development — See Ch. 195.
Stormwater management — See Ch. 248.
Zoning — See Ch. 300.
[1]
Editor's Note: This local law also repealed former Ch. 15,
Building Construction Administration, adopted 4-29-1975 as Ch. 6 of
the 1975 Code, as amended.
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Town of Yorktown. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, other state law, or other
section of this chapter, 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:
The Building Inspector of the Town of Yorktown and one or
more Assistant Building Inspectors or Fire Inspectors, as the Town
may appoint and deem necessary (hereinafter collectively referred
to throughout this chapter as the "Building Inspector").
A permit issued pursuant to § 15-4 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 § 15-7B of this chapter.
An order issued by the Building Inspector pursuant to § 15-15A of this chapter.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An inspector appointed pursuant to § 15-3 of this chapter.
A permit issued pursuant to § 15-10 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.
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 § 15-6 of this chapter.
The Town of Yorktown.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Building Inspector shall administer and enforce all the
provisions of the Zoning Ordinance,[1] the Uniform Code, the Energy Code and all other laws,
ordinances and regulations applicable to the use of land and construction,
alteration, repair, removal and demolition of buildings and structures
thereon, and the installation and use of materials and equipment therein,
and the location, use, occupancy and maintenance thereof, including
the provisions of this chapter. The Building Inspector shall have
the following powers and duties:
A.
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy and operating permits and the plans,
specifications and construction documents submitted with such applications;
B.
Upon approval of such applications, to issue building permits, certificates
of occupancy and operating permits and to include in building permits,
certificates of occupancy and operating permits such terms and conditions
as the Building Inspector may determine to be appropriate;
C.
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy 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;
D.
To issue stop-work orders;
E.
To review and investigate complaints;
G.
To maintain records;
H.
To collect fees as set by the Town Board;
I.
To pursue administrative enforcement actions and proceedings;
J.
In consultation with the Town Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this chapter;
and
K.
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter.
L.
To require, whenever the same may be necessary or appropriate to
assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, the performance of
tests in the field by experienced, professional persons or by accredited
and authoritative testing laboratories or service bureaus or agencies.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the 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 solid-fuel-burning heating appliance, chimney or flue in any dwelling unit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
[Amended 5-3-2016 by L.L.
No. 9-2016]
B.
Exemptions.
No building permit shall be required for work in any of the following
categories:
(1)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(2)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above the ground;
(3)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(4)
Installation of seasonal fabric awnings supported by an exterior
wall of a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(5)
Installation of partitions or movable cases less than five feet nine
inches in height;
(6)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(7)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(8)
Replacement of any equipment, provided that the replacement does
not alter the equipment's listing or render it inconsistent with the
equipment's original specifications;
(9)
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 (e.g., electrical, HVAC, plumbing); or
(d)
The removal from service of all or part of a fire-protection
system for any period of time.
(10)
[1]Installation of a retaining wall lower than 4.5 feet in
height, except that this exemption shall not apply to a wall that
supports a surcharge or impounds a Class I, II or IIIA liquid; or
[Added 11-15-2011 by L.L. No. 18-2011]
(11)
Installation
of a one-story detached building associated with a one- or two-family
dwelling, which is used for tool and storage sheds, playhouses, or
similar uses, provided the gross floor area is less than 100 square
feet.
[Added 11-15-2011 by L.L. No. 18-2011]
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 Uniform Code or the Energy Code.
D.
Applications for building permits. Except as provided in Subsection E of this section for small projects, an application for a building permit shall include submission of an application in an electronic media format (PDF or TIF or other format approved by the Building Inspector) on a form provided by or otherwise acceptable to the Building Inspector. The building permit application shall include or be accompanied by the following information and documentation:
[Amended 5-21-2013 by L.L. No. 7-2013]
(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)
At least two paper 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 Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
E.
Construction documents. Construction documents 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. Construction documents 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 construction documents shall be retained by the Building Inspector for the property record file; the second set of the accepted construction documents shall be returned as a record copy to/for the applicant. Work shall not be commenced until and unless a building permit is issued. Applicants for permits for small projects having an anticipated construction cost of $20,000 or less may, but shall not be required to, submit electronic application documents.
[Amended 5-21-2013 by L.L. No. 7-2013]
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 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 Uniform Code and Energy Code, as well as all relevant requirements of the Code of the Town of Yorktown and Chapter 300, entitled "Zoning."
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 construction documents
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.
Building permit time periods and renewals.
[Amended 7-17-2012 by L.L. No. 11-2012]
(1)
A building
permit shall be valid for 12 months from the date of issuance.
(2)
A building
permit may be renewed annually thereafter. A renewal application shall
be granted by the Building Inspector upon a determination that the
applicant has met the following conditions:
(a)
A
complete renewal application has been submitted, which incorporates
any retroactively applicable building code provision that may have
been enacted after the permit was first issued;
(c)
The
owner does not have any uncured outstanding violations on the subject
property other than violations the work under the permit is intended
to cure (if any).
(d)
The
owner does not owe any adjudicated fines for violations;
(e)
If
the renewal application was filed after the previous permit or permit
renewal expired, payment by the owner of all previous years' renewal
fees as if the owner had applied timely for a renewal each year, except:
[Amended 12-3-2013 by L.L. No. 10-2013]
[1]
Where an owner has an expired permit that has passed final inspection
and received all necessary third-party certifications (e.g., electric,
welding, concrete strength), he shall not be required to pay the renewal
fees for the years after the last required certification was submitted
or obtained; and
[2]
For the purpose of calculating the renewal fee for a permit that expired and was not renewed before December 1, 2013, if such permit does not meet the requirements of Subsection I(2)(e)[1] above, such permit shall be deemed to have expired on December 1, 2013.
(3)
[2]All exterior and site work shall be completed within 24
months after issuance of the first building permit to the satisfaction
of the Building Inspector.
[2]
Editor's Note: Former Subsection I(3), concerning a grace
period for permits issued before August 1, 2012, was repealed 12-3-2013
by L.L. No. 10-2013, which local law also redesignated former Subsection
I(4) as Subsection I(3).
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 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 Uniform Code and the Energy Code and all work then
proposed to be performed shall be in compliance with all applicable
provisions of the Uniform Code and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an 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 Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or 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.
A.
Authority to issue. The Building Inspector is authorized to issue
stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector to be contrary
to any applicable provision of the Uniform Code or Energy Code, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Building Inspector, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit or under a building 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 Building Inspector, state the reason or
reasons for issuance, and, if applicable, state the conditions which
must be satisfied before work will be permitted to resume.
C.
Service of stop-work orders. The Building Inspector 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 certified mail. The Building Inspector
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 certified mail; 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 that 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 § 15-15 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.
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 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 Uniform Code and Energy
Code. The Building Inspector or an 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.
Revocation or suspension of certificates. If the Building Inspector
determines that a certificate of occupancy 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 Town shall promptly notify the Building
Inspector of any fire or explosion involving any structural damage,
electrical fire or damage, fuel-burning appliance, chimney or gas
vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter 135 of the Code, as now in effect or as hereafter amended from time to time.
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 by-product, 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 50 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 Town Board of the Town of Yorktown.
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. Required operating permits shall remain
in effect for one year after issuance and must be renewed following
inspection. Operating permits terminate automatically with a change
in ownership, at which time a new application must be submitted for
a new operating permit. Besides a change in owner identity, a change
in a corporate or d.b.a. name as well as any change in persons who
comprise the ownership shall automatically terminate an operating
permit and necessitate the issuance of a new one for the use/activity
to continue. Similarly, any change in the use for which the operating
permit was issued requires a new application and a new operating permit.
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 an 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 an 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 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 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.
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 Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Building Inspector 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 § 15-15 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 Building Department 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, stop-work orders,
and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
Al complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
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 Town Board a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 15-13 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 Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town 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 Town is required to maintain,
excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of this Town in connection with administration
and enforcement of the Uniform Code.
A.
Compliance
orders. The Building Inspector is authorized to order, in writing,
the remedying of any condition or activity found to exist in, on or
about any building, structure, or premises in violation of the Uniform
Code, the Energy Code, or this chapter. Upon finding that any such
condition or activity exists, the Building Inspector shall issue a
compliance order. The compliance order shall be in writing; be dated
and signed by the Building Inspector; specify the condition or activity
that violates the Uniform Code, the Energy Code, or this chapter;
specify the provision or provisions of the Uniform Code, the Energy
Code, or this chapter which is/are violated by the specified condition
or activity; specify the period of time which the Building Inspector
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 Building Inspector shall cause the compliance order, 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 compliance 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 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 compliance order.
B.
Appearance
tickets. The Building Inspector and each inspector are authorized
to issue appearance tickets for any violation of the Uniform Code.
C.
Civil penalties.
In addition to those penalties prescribed by state law, any person
who violates any provision of the Uniform Code, the Energy Code or
this chapter, or any term or condition of any building permit, certificate
of occupancy, stop-work order, operating permit or other notice or
order issued by the Building Inspector pursuant to any provision of
this chapter, shall be liable to a civil penalty of not more than
$1,000 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this Town.
D.
Injunctive
relief. An action or proceeding may be instituted in the name of this
Town, in a court of competent jurisdiction, to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any provision
of the Uniform Code, the Energy Code, this chapter, or any term or
condition of any building permit, certificate of occupancy, stop-work
order, operating permit, compliance order, or other notice or order
issued by the Building Inspector pursuant to any provision of this
chapter. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter, or any stop-work
order, compliance order or other order obtained under the Uniform
Code, the Energy Code or this chapter, an action or proceeding may
be commenced in the name of this Town, in the Supreme Court or in
any other court having the requisite jurisdiction, to obtain an order
directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate
authorization from the Town Board of this Town.
E.
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 § 15-6, Stop-work orders, of this chapter, in any other section of this chapter, 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 § 15-6, Stop-work orders, of this chapter, in any other section of this chapter, 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.
[Amended 7-17-2012 by L.L. No. 11-2012; 6-6-2017 by L.L. No. 9-2017]
A.
Fees upon submission of application for a building permit shall be
in an amount as set forth in the Master Fee Schedule.[1] Said fees are nonrefundable and will be deducted from
the final permit fee as set forth in the Master Fee Schedule.
C.
D.
In the event that a building permit is withdrawn, the applicant shall
be entitled to a refund of 50% of the fee paid, provided that no construction
has been commenced. If construction work has been started and the
application is not approved, the fees paid shall not be refunded.
E.
Building permit fees; penalty for late applications. In the event
that an applicant for a building permit has caused the construction
work, or any part thereof, to be started prior to the issuance of
the building permit required, the applicant will be charged a fee
for such a permit of no less than two times the original fee as calculated
in an amount set forth in the Master Fee Schedule.[4] In calculating said fee, the "square footage of the work
to be performed" under this section shall be the square footage as
of the date of filing of the application and not the date that the
actual work was performed or completed.
F.
Building permit fees; reduction for solar improvements. If the work
for which a building permit is to be issued is to be performed on
an existing residential or commercial building and said work includes
solar improvements to the building, then the building permit fee otherwise
payable for the "square footage of the work to be performed" shall
be reduced by 50% of that portion of the fee attributable to the value
of the solar improvements.
The Building Inspector may request and shall receive, so far
as may be necessary in the discharge of his duties, the assistance
and cooperation of the Police, Fire and Health Departments or officers
and of all other municipal officials exercising any jurisdiction over
the use of land and construction, use or occupancy of buildings or
the installation of equipment therein.
