[HISTORY: Adopted by the Board of Trustees of the Village of Huntington Bay 4-19-1976 by L.L. No. 4-1976. Amendments noted where applicable.]
Building construction — See Ch. 9.
Building, structure and property maintenance — See Ch. 13.
Unsafe buildings — See Ch. 15.
Environmental quality review — See Ch. 23.
Fire prevention — See Ch. 32.
Flood damage prevention — See Ch. 34.
Open development areas — See Ch. 53.
Wetlands — See Ch. 89.
Zoning — See Ch. 91.
The purpose of this chapter is to promote the health, safety and general welfare of the residents through control of the suitability for each district for the particular uses set forth therein, of all structures, land, grading and drainage. This chapter shall apply to all properties, whether vacant land or improved, buildings, driveways, roads and streets or other structures used or to be used for public or private purposes now in the course of construction or alteration or hereafter to be erected, constructed, altered or repaired (involving structural changes) within the Village of Huntington Bay.
Appointment of Building Inspector and Village Engineer. The Building Inspector and Village Engineer shall be appointed in accord with the provisions of Section 4-400 of the Village Law of the State of New York. These two official positions may be held by one and the same person, provided said person is fully qualified.
Qualification requirements. The Building Inspector shall be a New York State certified Code Enforcement Official with at least three years' experience in the construction of buildings, installation of plumbing and heating systems or related fields, including the reading and application of plans and specifications and a working knowledge of the New York State Building Code, National Electric Code and other applicable construction standards.
[Amended 8-17-2015 by L.L. No. 3-2015]
Duties and powers of Building Inspector. The Building Inspector shall receive applications pursuant to law, issue permits and furnish the prescribed certificate. He shall examine premises for which permits have been issued to see that the provisions of the law are complied with and that construction is prosecuted safely. He shall enforce all laws relating to construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as otherwise may be provided for. He shall, when requested by the Board of Trustees or when the interests of the Village require, make investigations in connection with matters referred to in this chapter and render written reports on the same. He shall issue such notices and orders as may be necessary to enforce compliance with the law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction and require adequate exit facilities in existing buildings.
Qualification requirements. The Village Engineer shall have graduated from a recognized college or university in the field of civil engineering and have had at least two years' experience in public works and be duly licensed and registered by the University of the State of New York to practice professional engineering.
Duties of Village Engineer. The Village Engineer shall review all applications for proposed changes in grading, and/or drainage associated with either improved or vacant land. It shall be his responsibility to ensure full compliance with all, federal, state and Village enactments, such as but not limited to flood zone, tidal zone, coastal zone and wetlands. He shall act as consultant to the Board of Trustees and, under its direction, be responsible for all engineering work of the Village. He Shall be charged with the supervision of the work and, shall supply certification as to completion of the work.
Right of entry. The Building Inspector or the Village Engineer, upon showing proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
Records and reports. The Building Inspector and the Village Engineer shall keep permanent, official records of all transactions and activities conducted by them, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records, open to public inspection during business hours.
[Amended 2-13-2006 by L.L. No. 1-2006]
Before any person shall effect any changes in grade or drainage or erect, construct, demolish, alter or repair (involving structural changes) any structure, he shall first contact the Building Inspector to obtain a permit. When a permit is required, the same shall be obtained from the Building Inspector and a fee paid to the Village Clerk, the amount of which shall be determined from time to time by the Board of Trustees of the Village of Huntington Bay.
[Added 2-1378 by L.L. No. 2-1978; amended 4-24-2017 by L.L. No. 5-2017]
All applications for building, grading or drainage permits shall be made in a manner specified by the Building Inspector, as approved by the Board of Trustees, and shall be accompanied by all information necessary to a proper finding of compliance with the provisions of this chapter, as determined by the Building Inspector, as approved by the Board of Trustees.
No permit shall be issued until all required information has been submitted and the Building Inspector or Village Engineer has determined that the proposed construction complies with all applicable codes, regulations and ordinances.
No permit shall be issued for demolition, or changes in grade or excavation or construction involving the import or export of 100 cubic yards or more of fill, unless the applicant posts a security bond, cash deposit or other form of security, in an amount to be determined by the Village Engineer, which may be used by the Village to defray the cost of restoration of all roads in the event that said roads are damaged by the activities for which said building permit is issued.
Editor's Note: This local law repealed former § 11-4, Modification of grade or drainage.
[Added 2-13-1978 by L.L. No. 2-1978]
A duly issued building, drainage or grading permit shall, remain in force under the conditions applicable at the date of issuance but shall become null and void under the conditions specified in the Building Code unless the foundation has been completed and construction has been commenced within the time specified in the Building Code.
[Added 3-14-1983 by L.L. No. 2-1983]
No permit for building, grading or drainage changes shall be granted, except upon compliance with the provisions of Chapter 34 of this Code, relating to construction in flood hazard areas.
Editor's Note: Former § 11-6, Plans required, was repealed 2-13-1978 by L.L. No. 2-198.
Filing. Amendments may be filed to an application or to a plan or other record accompanying same at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be attached to and be deemed a part of the original application.
Alterations in plans. Alterations in or deviations from approved applications and plans during a building operation may be made without amendments, provided that they do not involve any modification of the approved grading or drainage plan or changes in structural parts, exit facilities, open spaces or m size of rooms nor violate a provision of this chapter or other law or ordinance.
Repairs. Ordinary repairs to buildings and structures may be made without filing an application or obtaining a permit so long as they include only the replacement of existing work with the same kind or equivalent materials used in the existing structure and do not include additional work involving structural changes in any part of the building, exit facilities, open spaces or the size of rooms or any work that would be a violation of a provision of law.
Demolition. Permissible means of demolition must be specified on any such permit. Use of fire in conjunction with demolition of a structure, or operating a controlled burn or smoke in a structure to be demolished is strictly prohibited. The following additional requirements must be satisfied prior to issuance of a demolition permit:
[Added 2-13-2006 by L.L. No. 1-2006]
Proof of ownership.
Letter from each of the utilities (including, without limitation, gas, water, electric, cable, telephone) stating that the service has been capped or removed.
Notification of the Huntington Bay Police Department and the owners of all properties contiguous to the subject property that said demolition is to occur on a date certain. This notice is to be provided by certified mail, return receipt requested, 15 days in advance of the demolition. Failure to provide sufficient proof of such notice to the Village Clerk and Village Building Inspector shall be grounds for the denial or revocation of a demolition permit.
Limitation. Nothing in this chapter shall require any changes in the plan, construction or designated use of a building or structure for which a lawful permit has been issued heretofore or which has been otherwise lawfully authorized.
[Amended 2-13-2006 by L.L. No. 1-2006]
General procedures. It shall be the duty of the Building Inspector to examine applications for permits within a reasonable time after filing. Having determined, upon examination, that the proposed work will be in compliance with the laws and codes applicable thereto and the proposed construction will be safe and that all adjacent properties shall be protected against runoff during the course of development, 'he shall approve the application and issue the necessary permits. If his examination reveals otherwise, he shall reject such application at once, giving the applicant a statement setting forth his reason for rejection.
Approval of application. Upon approval of an application and upon receipt of legal fees therefor, he shall issue a building, grading and drainage permit to the applicant upon the form prescribed by him and shall affix his signature or cause his legal signature to be affixed thereto, and both sets of plans and specifications shall be endorsed with the word "approved." One set of plans and specifications so approved shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, which shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times. A copy of the building, grading or drainage permit shall be posted on the premises, open to public inspection during the performance of the work until the completion of same.
Denial of permit. If the application, together with plans and specifications and other documents filed therewith, describes proposed: work which does not conform to all requirements of th p applicable provisions of law, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector: shall cause refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
It shall be unlawful to reduce or diminish the area of any lot or plot so that the remaining plot fails to conform in every way with the Building Zone Ordinance, unless a plot diagram showing the proposed change in conditions shall have been filed with and approved by the Zoning Board of Appeals.
All permits required hereunder shall be valid for a period of one year, provided work of a substantial nature is in progress within six months after issue; otherwise said permit shall expire after six months from date of issue.
A permit hereunder may be renewed for an additional period of six months upon the payment of 1/2 the fee that has been paid upon original issuance.
[Amended 12-10-2007 by L.L. No. 7-2007]
All fees prescribed in this chapter shall be collected by the Village Clerk, and no permits shall be issued until such fees have been paid.
Whenever the Building Inspector determines that a building, structure, grading and drainage or any work in connection therewith, the erection, construction, repair, alteration or execution of which is regulated, permitted or forbidden by the State Building Construction Code or other law of the Village of Huntington Bay, is being performed in violation of the provisions or requirements of said code or in violation of a detailed statement or plan submitted and approved thereunder, the Building Inspector shall serve a written notice or order upon the person responsible therefor, directing discontinuance of such illegal action and the immediate remedying or correction of such violative condition.
Whenever the Building Inspector has reasonable grounds to believe that work on any structure or premises is being performed in violation of the provisions of the applicable law, code, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of, which a building, grading and drainage 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 order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and shall 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 premises 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 structure.
The Building Inspector may revoke a building, grading and drainage permit theretofore issued in these instances:
Where he finds that there has been any false statements or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was issued.
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
Where he finds that the work performed under the permit is not being performed in accordance with the provisions of the application, plans or specifications.
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
Upon completion of the work, the owner or his authorized representative shall send a written notice to the Village Engineer, who shall make a final inspection of the property within 10 days. If he finds that the grading and drainage requirements have been complied with, he shall notify the Village Clerk and the Building Inspector. If the grading and drainage requirements have not been complied with, he shall notify the owner or his authorized representative and the Village Clerk. After the Building Inspector receives notice from the Village Engineer or Village Clerk that the grading and drainage requirements have been complied with, the Building Inspector within 10 days, shall make a final inspection of the completed structure. If he finds that the building is in conformance with the State Building Construction Code and other applicable laws, he shall issue at once a certificate of occupancy, sending a copy to the Village Clerk, and retain a copy in his file. If he finds any condition in violation of the State Building Construction Code or other applicable laws, he shall withhold the certificate of occupancy and shall issue a notice of violation in writing, which shall continue in effect until the violation is corrected. A copy of the notice of violation shall be sent to the owner or his authorized agent and the Village Clerk and copy shall be retained in the Building Inspector's files. After a certificate of occupancy has been granted, no change in the grading of the property shall be permitted without reapplication.
[Added 2-9-1998 by L.L. No. 3-1998]
Inspection of electrical installations; expenses.
Notwithstanding any other provision to the Code, all electrical installations shall be inspected prior to the issuance of any certificates of compliance or occupancy.
Such inspections and reinspections shall only be performed by those currently approved electrical inspection agencies in the service territory of the electrical service providers covering the Township of Huntington. In no event, however, will the cost or expense be a charge against the Village of Huntington Bay.
Responsibility for damage; liability.
This section shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring, devices, appliances or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Village of Huntington Bay be deemed to have assumed any such liability by reason of any inspection made pursuant to this section.
It shall be a violation of this section for any person, firm or corporation to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties in the Village of Huntington Bay until an application for inspection has been filed with such approved electrical inspection agency as set forth in § 11-16.1A. above.
It shall be a violation of this chapter for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to the issuance of a temporary certificate or a certificate of compliance by such approved electrical inspection agency as set forth in § 11-16.1A above.
Upon request, the Building Inspector 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 Inspector may allow a maximum of one additional period of three months.
[Amended 1-9-1978 by L.L. No. 1-1978; 1-14-2002 by L.L. No. 2-2002; 8-11-2014 by L.L. No. 3-2014]
Fines; continued violations.
Each offense against the provisions of this chapter or article shall constitute a violation pursuant to the Penal Law of the State of New York and shall be punishable as such. The giving of written notice is not a prerequisite for action under this section unless the subject of the prosecution is the noncompliance with such notice. Any person or persons violating any provisions of this chapter or article shall be liable for and shall pay a fine as follows:
Not more than $350 for conviction of a first offense, or imprisonment for not more than 15 days, or both.
Not less than $350 nor more than $1,500 for a conviction of a second offense within five years of the first conviction, or imprisonment for not more than 15 days, or both.
Not less than $1,500 nor more than $2,500 for a conviction of a third offense and any subsequent offense where three or more offenses have occurred within a five-year period, or imprisonment for not more than 15 days, or both.
Each week's continued violation shall constitute a separate additional violation. Such fines shall be collected as like fines are now collected by law.
The imposition of the penalties herein described shall not preclude the Village from instituting an appropriate action or proceeding in law or in equity to prevent an unlawful erection, construction, alteration, moving, repair, conversion or maintenance of use, or to restrain, correct or abate a violation, or to prevent an illegal act or use in or about the premises.
No oversight or dereliction of duty on the part of the Building Inspector, or his subordinates, shall legalize the erecting, constructing, altering, removing, use or occupancy of a building that does not conform to the provisions of law.
The restrictions of the Building Zone Ordinance shall not be deemed to be modified by any provisions of this chapter, and such restrictions shall be controlling except insofar as this chapter imposes greater restrictions by reason of the type of construction used, in which case the provisions of this chapter shall control.
[Added 1-14-2002 by L.L. No. 2-2002]
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this Chapter or the remainder thereof had such invalid application or invalid provision been apparent.