Town of Orangetown, NY Chapter 6 Building Construction Administration

[HISTORY: Adopted Orangetown Town Board 4-8-1963.]

§ 6-1 Designation of Building Inspector as public official.

There is hereby designated in the Town of Orangetown a public official to be known as the Building Inspector, who shall be appointed by the Town Board at a compensation to be fixed by it.

§ 6-2 Appointment of Building Inspectors.

The Town Board may appoint one or more assistant Building Inspectors, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his powers and duties. The compensation of such Building Inspectors shall be fixed by the Town Board.

§ 6-3 Acting Building Inspector.

In the absence of the Building Inspector, or in the case of his inability to act for any reason, the Supervisor shall have the power, with consent of the Town Board, to designate a person to act in his behalf and to exercise all of the powers conferred upon him by this ordinance.

§ 6-4 Restrictions on employees.

No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department; nor shall be, during the term of his employment, be engaged directly or indirectly in any building business; in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Orangetown, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him, and not constructed for sale.

§ 6-5 Duties and powers of Building Inspector.

A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the construction, alteration, repair, removal and demolition of buildings and structures, and in the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof.

B. The Building Inspector shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof, and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of insuring compliance with laws, ordinances and regulations governing building construction.

[Amended 7-24-2018 by L.L. No. 8-2018]

C. The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors, or other employees, of the Town of Orangetown's (hereinafter referred to as "Orangetown") Office of Building, Zoning and Planning Administration and Enforcement (hereinafter referred to as "OBZPAE"), or from reputable service and inspection bureaus, provided the same are prepared and signed by a qualified professional.

[Amended 7-24-2018 by L.L. No. 8-2018]

D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable statutes, codes, laws, ordinances or regulations relating to building construction, the Building Inspector may require the performance of tests in the field, or on site of private property subject of a Building Permit application, by qualified professional(s), or by reputable testing laboratories, bureaus or agencies.

[Amended 7-24-2018 by L.L. No. 8-2018]

E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable statutes, codes, laws, ordinances or regulations relating to the use, maintenance or occupancy of land or buildings, including, but not limited to, assuring compliance with the performance standards set forth in § 4.1 of Chapter 43 (Zoning Code) of the Orangetown Code, and/or to assure compliance with the conditions of any applicable Orangetown Land Use Board approval decisions, the Building Inspector may inspect, investigate and/or conduct tests, on site of private property that is the subject of an open Building Permit application or a nonresidential use that is subject to the performance standards (hereinafter referred to as "industrial user"), which may include, with regard to the performance standards, inspecting, investigating and/or conducting tests while all mechanical equipment, machinery, installations and systems, that are appurtenant to the use that is subject to the performance standards, are in full operation. For purposes of said inspections, investigations and/or tests, the Building Inspector may engage, employ or retain the services of the Orangetown Department of Environmental Management and Engineering (hereinafter referred to as "DEME"), and/or expert consultants, to the extent, type and/or degree that the Building Inspector and DEME deem necessary. The said inspections, investigations and/or testing, on site of private property, shall only be conducted with the consent of the property owner, or a person in dominion, control or possession of, or with management or supervisorial authority over, the property; or at any reasonable hour if the Building Inspector has a reasonable suspicion, based on specific and articulable facts, taken together with rational inferences from those facts, associated with the particular property, that a violation of, or noncompliance with, the performance standards set forth in Zoning Code § 4.1, is being committed or is occurring, or has been committed or has occurred; or by execution of a judicially issued search warrant. In addition to the powers and duties set forth in this section, the Building Inspector shall also have all inspection and enforcement powers and duties set forth in the performance standards (Zoning Code § 4.1).

[Added 7-24-2018 by L.L. No. 8-2018; amended 7-13-2021 by L.L. No. 6-2021]

F. In addition to the powers and authority granted to the Building Inspector that are set forth above in this § 6-5, the Director of the Orangetown Office of Building, Zoning and Planning Administration and Enforcement (OBZPAE; see Chapter 6A of the Orangetown Code), or the Director’s designee, shall have the additional emergency power and authority to modify, waive or adjust the regulations, rules, procedures and provisions of Orangetown Code Chapter 43, Zoning, related to nonresidential establishments/uses and Chapter 31B (Sidewalks Cafes and Vending) during times that a state, county or local state of emergency, that includes the Town of Orangetown, is in effect; or as part of the economic recovery from any such state of emergency. The OBZPAE Director's, or her/his designee's, emergency power and authority, prescribed herein, may only be exercised with, and are subject to, the approval of the Town Board; and the Town Board may impose conditions, limitations, permitting processes or guidelines with respect to said power and authority, pursuant to the Town Board resolution authorizing the exercise of this emergency power and authority. The failure by any person, business entity, association, organization or company to abide by, comply with or adhere to any such Town Board resolution conditions, limitations or guidelines shall be a violation of this section subject to penalty in accordance with Chapter 41A of the Orangetown Code.

[Added 6-2-2020 by L.L. No. 3-2020]

§ 6-6 Department records and reports.

A. The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, 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.

B. The Building Inspector shall monthly and annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspection and tests made and appeals or litigation pending.

§ 6-7 Cooperation of other departments.

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 construction, use or occupancy of buildings or the installation of equipment therein.

§ 6-8 Application for Building Permit.

A. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition or conversion of any building or structure or cause the same to be done, without first obtaining a separate Building Permit from the Building Inspector 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 Inspector 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 of the 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.

(5) A brief description of the nature of the proposed work.

(6) Two sets of plans and specifications as set forth in Subsection D of this section.

[Amended 4-23-2007 by L.L. No. 3-2007]

(7) Where applicable, a statement of special inspections prepared in accordance with the Uniform Code.

[Added 4-23-2007 by L.L. No. 3-2007[1]]

[1] Editor's Note: This local law also renumbered former § 6-8B(7) as § 6-8B(9).

(8) The Tax Map identification number.[2]

[Added 4-23-2007 by L.L. No. 3-2007]

[2] Editor's Note: Former Subsection B(9) and (10), which listed New York ENERGY STAR Building Permit affidavit and other information as may be reasonably required by the Building Inspector, respectively, were repealed 3-29-2012 by L.L. No. 1-2012.

C. Applications shall be made by the owner or lessee, or agent of either, or by the 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 or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.

D. Each application for a Building Permit shall be accompanied by two 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; bear a title block with the name, address, Tax Map identification number and date and revision dates when applicable; 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 Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.

[Amended 4-23-2007 by L.L. No. 3-2007]

E. Plans and specifications shall bear the signature and seal of the design professional responsible for the design and drawings.

[Amended 4-23-2007 by L.L. No. 3-2007]

F. The Building Inspector may waive or modify the requirement for filing plans, in relation to the circumstances and/or nature of the application.

G. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.

H. Any person, firm, corporation or other entity who makes application for a Building Permit for new construction on an individual lot must adhere to provisions of § 21-25 of the Land Development Regulations which provides for the preservation and planting of trees in the same manner as a developer of a lot in an approved subdivision. A plan shall be provided to the Building Inspector in compliance with the provisions of § 21-25 and compliance with the provisions of § 21-25 shall be required for issuance of a Certificate of Occupancy.

[Added 12-27-1995 by L.L. No. 42-1995]

§ 6-8.1 (Reserved) [1]

[1] Editor's Note: Former § 6-8.1. ENERGY STAR construction, added 4-13-2009 by L.L. No. 3-2009, was repealed 3-29-2012 by L.L. No. 1-2012.

§ 6-9 Issuance of Building Permit.

A. The Building Inspector 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 a reasonable time.

B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a Building Permit to the applicant upon the form prescribed by him 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 Inspector and the other set shall be returned to the applicant, together with the Building Permit, and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.

D. If the application, together with plans, specifications and other documents filed therewith, describes 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 Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

E. Exemptions. No Building Permit shall be required for work in any of the following categories:

[Added 4-23-2007 by L.L. No. 3-2007]

(1) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet and is a portable building;

[Amended 4-13-2021 by L.L. No. 3-2021]

(2) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses, as defined in the Residential Code);

(3) 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 ground;

(4) Installation of fences for one- and two-family dwellings which are not part of an enclosure surrounding a swimming pool and do not exceed 4 1/2 feet in height located in a front yard and six feet in height located in a side and/or rear yard;

(5) Construction of retaining walls less than four feet in height unless such walls support a surcharge or impound Class I, II or IIIA liquids or redirect the current direction of drainage flow;

[Amended 4-13-2021 by L.L. No. 3-2021]

(6) Construction of temporary motion picture, television and theater stage sets and scenery;

(7) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(8) Installation of partitions or movable cases less than five feet nine inches in height;

(9) Painting, wallpapering, tiling, carpeting, or other similar finish work;

(10) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(11) Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or

(12) Repairs, provided that such repairs do not involve:

(a) The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;

(b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;

(c) The enlargement, alteration, replacement or relocation of any building system; or

(d) The removal from service of all or part of a fire protection system for any period of time.

F. Exemption is 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 E of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

[Added 4-23-2007 by L.L. No. 3-2007]

§ 6-10 Performance of work under building permit.

A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of two years after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding six months each.

[Amended 12-14-1987 by L.L. No. 13-1987]

B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.

C. Removal of debris; subgrading requirements.

[Added 10-25-1993 by L.L. No. 17-1993]

(1) All debris from both land clearing and building operations shall be legally removed from the site. Direct burial of any of the debris shall be cause for issuance of a stop-work order until said debris is removed from the site.

(2) All abandoned road surfaces, masonry, foundations or portions thereof, similar impervious structures and boulders located under the surface within three feet of the top of the finish subgrade shall be removed or broken so that the greatest dimension of any piece is not greater than three inches and generally surrounded by acceptable soil. Acceptable soil shall be free from rejected organic matter, i.e., boggy, peaty or other unsuitable materials such as garbage, sewer sludge, ashes, cinders and refuse. Subgrade shall be graded uniformly in a workmanlike manner so as to take care of the drainage and shall have the same contour as the finish grade of the topsoil. All stones over four inches in diameter that are within six inches of the finish subgrade shall be removed.

§ 6-11 Building Permit fees.

[Amended 1-22-1968; 1-27-1969; 12-11-1972 by L.L. No. 19-1972; 8-25-1980 by L.L. No. 4-1980; 1-9-1989 by L.L. No. 1-1989; 9-30-1992 by L.L. No. 17-1992; 3-8-1993 by L.L. No. 6-1993; 10-16-1995 by L.L. No. 12-1995; 9-14-2009 by L.L. No. 5-2009]

A. Fees. Upon the filing of an application for a Building Permit, fees shall be payable as set forth by the Town Board by resolution.

B. Waiver of fees. The foregoing fees may be waived by the Town Board of the Town of Orangetown, at its sole discretion, with respect to applications made by educational, religious, fraternal, service organizations and all other not-for-profit entities.

C. For any applications where the estimated construction costs exceed $4,000,000, the applicant may pay 25% of the total Building Permit fee at the time of application. The balance of the Building Permit fee shall be paid prior to the issuance of a Building Permit.

D. In the event an application for a Building Permit is withdrawn after the application fees have been paid, the applicant shall be entitled to a refund of the application fee, less 10% or $100, whichever is greater, as a processing fee.

E. Waiver of permit fees for renewable energy improvements. If any of the work for which a Building Permit is to be issued relates to renewable energy improvements, the Building Permit fee otherwise payable for the total valuation of the work shall be waived for that portion of the fee attributable to the value of the renewable energy improvements. In order to receive benefit of this waiver, the applicant shall provide to the Building Department an affidavit from either a certified architect or certified engineer detailing the total costs for all improvements and the specific costs attributable to renewable energy improvements. Based upon this information, the Building Department will determine the amount of fee waived. For purposes of this provision, the term "renewable energy improvements" shall mean the installation of solar energy systems, including solar electric (photovoltaic) and solar thermal systems, as well as geothermal and wind energy systems. This provision relating to the waiver of permit fees for renewable energy improvements shall expire on January 1, 2013, unless the Town Board by affirmative action extends the time period for this provision.

[Added 2-9-2010 by L.L. No. 1-2010]

§ 6-12 Revocation of Building Permit.

The Building Inspector may revoke a Building Permit theretofore issued and approved in the following instances:

A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the 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, 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 Inspector.

§ 6-13 Stop orders.

[Amended 4-23-2007 by L.L. No. 3-2007]

Whenever the Building Inspector has reasonable grounds to believe the work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances 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 or the person performing the work 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 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 under construction and sending a copy of the same by registered or 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 posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

§ 6-14 Certificate of Occupancy.

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 Inspector.

B. No building hereafter 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 shall have been issued by the Building Inspector.

C. No change shall be made in the use or type of occupancy of an existing building unless a Certificate of Occupancy authorizing such change shall have been issued by the Building Inspector.

D. The owner or his agent shall make application for a Certificate of Occupancy. Accompanying this application, and before the issuance of a Certificate of Occupancy, there shall be filed with the Building Inspector 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 or of the superintendent of construction who supervised 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 the approved plans, and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.[1]

[1] Editor's Note: Former Subsection E, regarding the filing of New York ENERGY STAR certification documents, added 4-13-2009 by L.L. No. 3-2009, was repealed 3-29-2012 by L.L. No. 1-2012.

§ 6-15 Inspection prior to issuance of Certificate of Occupancy.

A. Before issuing a Certificate of Occupancy, the Building Inspector 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, remove, demolish or change the use or 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.

B. 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.

C. Construction inspections.

[Added 4-23-2007 by L.L. No. 3-2007]

(1) 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 at least 24 hours in advance when any element of work described in Subsection C(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 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 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.

(4) Other inspections, not described in Subsection C(2), may be required when deemed necessary by the Building Inspector.

§ 6-16 Issuance of certificate of occupancy.

A. When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations, and also in accordance with the applications, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector 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 Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with applicable building regulations.

[Amended 4-23-2007 by L.L. No. 3-2007]

(1) 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.

(2) 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, that 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 Code Enforcement Officer prior to the issuance of the certificate of occupancy:

(a) A written statement of structural observations and/or a final report of special inspections; and

(b) Flood hazard certifications.

B. A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefor is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as though a certificate of occupancy had been issued.

C. The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances 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.

§ 6-17 Temporary certificate of occupancy.

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 welfare.

§ 6-18 Tests.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 6-19 Unsafe buildings.

A. All buildings or structures which are structurally unsafe, insanitary or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which, in relation to an existing use, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of the section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.

B. The Building Inspector shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written record of such examination.

C. Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building, as defined in this section, he shall proceed in the same manner as provided in Chapter 37 of the Code, Unsafe Buildings.

[Added 5-29-1984 by L.L. No. 8, 1984[1]]

[1] Editor's Note: This local law also repealed former Subsection C through H, which pertained to the findings and actions of the Building Inspector with regard to unsafe buildings and structures.

D. Nothing herein contained shall operate to repeal any of the provisions of the Unsafe Buildings and Collapsed Structures Ordinance of the Town of Orangetown, adopted May 29, 1984.[2]

[Added 5-29-1984 by L.L. No. 8, 1984]

[2] Editor's Note: See Ch. 37, Unsafe Buildings.

§ 6-20 Penalties for violation.

[Amended 11-13-2006 by L.L. No. 18-2006]

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this ordinance or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.

B. Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building, who shall knowingly violate any of the applicable provisions of this ordinance or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punishable by a penalty as set forth in Chapter 41A of this Code.

C. This section shall not apply to violations of the provisions of the State Building Construction Code, punishable under § 385 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law, punishable under § 304 of the Multiple Residence Law of the State of New York.

§ 6-21 Abatement of violation.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to the penalties prescribed in the preceding section.

§ 6-22 Repeal.

All ordinances or parts thereof inconsistent with this ordinance are hereby repealed.

§ 6-23 Date of effect.

This ordinance shall take effect immediately upon enactment, publication and posting, as required by law.

§ 6-24 Separability.

A. If any part or provision of this ordinance or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, 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 ordinance or the application thereof to other persons or circumstances. The Town Board hereby declares that it would have enacted the remainder of this ordinance even without any such part, provision or application.

B. The said Board will hear at said time and place all persons in support of this matter and any objections thereto. Interested persons may appear in person, by agent or by representative.