[HISTORY: Adopted by the Board of Trustees of the Village
of North Hills 1-16-2013 by L.L. No. 2-2013. Amendments noted where
applicable.]
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 this Village. This chapter is adopted pursuant
to § 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, in other state law, or in any other
section of this Code, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, unless the context clearly indicates
otherwise, the following words shall have the following meanings:
A permit issued pursuant to § 108-4 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 subdivision (b) of § 108-7B of this chapter.
The Superintendent of the Building Department, and any other
Code Enforcement Officer appointed by the Village, by whatever other
title know or designated.
Include the Code Enforcement Officer and all inspectors and
other persons lawfully authorized to enforce the Uniform Code or Energy
Code.
An order issued by the Code Enforcement Officer pursuant
to 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 this chapter or pursuant
to any other applicable law, rule or regulation.
A permit issued pursuant to 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.
Include 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 this chapter.
A certificate issued pursuant to this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of North Hills.
A.
The Office of Code Enforcement Officer is hereby created and/or continued.
The Code Enforcement Officer shall administer and enforce all the
provisions of the Uniform Code, the Energy Code and this chapter.
The Code Enforcement Officer shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits, and to include in building permits, certificates
of occupancy, certificates of compliance, temporary certificates and
operating permits such terms and conditions as the Code Enforcement
Officer may determine to be appropriate;
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates and operating permits, fire safety and property
maintenance inspections, inspections incidental to the investigation
of complaints, and all other inspections required or permitted under
any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue orders pursuant to this chapter.
(7)
To maintain records;
(8)
To collect fees, as set by the Village Board of Trustees from time
to time by resolution.
(9)
To pursue administrative enforcement actions and proceedings;
(10)
As authorized by law, 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;
(11)
To require the performance of tests in the field by experienced
professional persons or by accredited and authoritative testing laboratories
or service bureaus or agencies whenever the same may be necessary
or appropriate to assure compliance with the provisions of applicable
laws, ordinances and regulations pertaining to building construction;
and
(12)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this chapter.
B.
The Code Enforcement Officer shall be appointed by the Mayor, with
the consent of the Board of Trustees. The Code Enforcement Officer
shall possess background and experience related to building construction
or fire prevention, as may be required by law, and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for code enforcement personnel, and the Code Enforcement
Officer shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Code Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Mayor,
with the consent of the Board of Trustees, to serve as Acting Code
Enforcement Officer. The Acting Code Enforcement Officer shall, during
the term of his or her appointment, exercise all powers and fulfill
all duties conferred upon the Code Enforcement Officer by this chapter.
D.
One or more inspectors may be appointed by the Mayor, with the consent
of the Board of Trustees, to act under the supervision and direction
of the Code Enforcement Officer and to assist the Code Enforcement
Officer in the exercise of the powers and fulfillment of the duties
conferred upon the Code Enforcement Officer by this chapter. Each
inspector shall, within the time prescribed by law, obtain such basic
training, in-service training, advanced in-service training and other
training as the State of New York shall require for code enforcement
personnel, and each inspector shall obtain certification from the
State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
[Amended 2-17-2021 by L.L. No. 1-2021]
(1)
Notwithstanding
the provisions of this subsection, electrical inspections may be made
or performed in the Village only by a person or agency licensed or
approved by the Town of North Hempstead Examining Board of Electricians
to make or perform such inspections. Prior to making or performing
any such inspection, or providing any such inspection service, each
such person or agency shall maintain on file with the Village Building
Department satisfactory current documentation of such license or approval.
E.
The compensation for the Code Enforcement Officer and inspectors
shall be fixed from time to time by the Village Board of Trustees.
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. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
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)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(3)
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.
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. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or an
authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(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 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 Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
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 Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
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 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 Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such a directive. If the Code Enforcement Officer 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.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed, for one additional period of 12
months, upon application by the permit holder, payment of the applicable
fee, and approval of the application by the Code Enforcement Officer.
Subsequent renewals may be granted by the Board of Trustees upon written
application and payment of the applicable fee.
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer 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 Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that:
K.
Fee. The fee specified in or determined in accordance with the provisions
of this chapter must be paid at the time of submission of an application
for a building permit, for an amended building permit, or for renewal
of a building permit.
L.
Transfer. No building permit may be transferred, assigned or otherwise
dealt with to permit its use by a person other than the person to
whom it originally was issued or previously transferred without the
prior consent of the Board of Trustees upon written application in
such form as may be required by the Code Enforcement Officer.
M.
Demolition.
(1)
No building or structure shall be demolished, in whole or in part,
before a permit therefor is obtained from the Code Enforcement Officer
upon an application, in writing, executed by the owner or a person
authorized, in writing, by the owner, setting forth the full name
and residence of each of the owners of the building or structure to
be demolished, the name and business address of the person(s) doing
the work and such other information with respect to the building or
structure as the Code Enforcement Officer may require. Such application
shall be submitted at least 72 hours before the work of demolition
is to be commenced, except where waived by the Code Enforcement Officer
in case of emergency, and the applicant shall notify the Code Enforcement
Officer and the Nassau County Health Department at least 24 hours
before starting any work.
(2)
Any demolition permit issued hereunder shall expire at the end of
six months from the date of issuance.
(3)
In granting any demolition permit hereunder, the Code Enforcement
Officer may impose reasonable conditions where necessary or appropriate
to protect the public health, safety and general welfare.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection 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 made, 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.
D.
Fee. The fee specified in or determined in accordance with the provisions
of this chapter must be paid prior to or at the time of each inspection
performed pursuant to this section.
E.
Tests of compliance. Whenever there are reasonable grounds to believe
that any material, construction, equipment, or assembly does not comply
with the requirements of the applicable building laws, ordinances
and regulations, the Code Enforcement Officer may require the same
to be subjected to tests, at the applicant's expense, in order to
furnish proof of such compliance.
F.
Supervision of construction.
(1)
No building which is to have a total floor area in excess of 500
square feet shall be constructed except under the supervision of a
professional engineer or architect licensed or registered in the State
of New York. An affidavit shall be signed and sworn to by the engineer
or architect who will supervise the construction of such building
and shall have such person's professional seal attached. In the event
such engineer or architect shall for any reason discontinue supervision
of the construction at any time prior to completion, the engineer
or architect shall notify the Code Enforcement Officer of such fact
immediately, and upon such notice, the building permit issued for
such construction shall be suspended, and no further work shall be
done pursuant thereto until another such affidavit has been filed
with the Code Enforcement Officer certifying that supervision of the
construction has been undertaken by another or the same qualified
engineer or architect.
(2)
No certificate of occupancy will be issued for a building having
a total floor area in excess of 500 square feet until a final certificate
is filed with the Code Enforcement Officer by an engineer or architect
who supervised the construction that the building was in fact erected
in conformity with the plans theretofore filed with the Code Enforcement
Officer.
(3)
"Supervision" shall include periodic inspections to verify compliance
with the approved plan and all applicable laws including the New York
State Uniform Code.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer 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 Code Enforcement Officer, 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.
C.
Service of stop-work orders. The Code Enforcement Officer 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, return receipt
requested, or in any other manner authorized by law. The Code Enforcement
Officer 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,
return receipt requested; 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 and having
notice of the stop-work order shall immediately cease all work which
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 § 108-15 (Violations) of this chapter or under any other provision of the Village Code 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; certificates of compliance required. A
certificate of occupancy or certificate of compliance 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 or certificate of compliance.
B.
Issuance of certificates of occupancy or certificates of compliance.
The Code Enforcement Officer shall issue a certificate of occupancy
or certificate of compliance 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 Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy or certificate
of compliance. 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 Code Enforcement Officer, at the expense of the applicant for
the certificate of occupancy or certificate of compliance, shall be
provided to the Code Enforcement Officer prior to the issuance of
the certificate of occupancy or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
An affidavit of the registered architect or licensed professional
engineer who filed the original plans, or who supervised the construction
of the work. This affidavit shall state that the deponent has examined
the plans of the structure for which a certificate of occupancy or
Certificate of Completion is sought and that the structure has been
erected in accordance with approved plans and, as erected, complies
with all applicable laws including the Uniform Code and Energy Code,
except insofar as variations therefore lawfully have been authorized;
(4)
Affidavit of final cost; and
(5)
Electrical certificate from an inspection agency approved by the
Village Board of Trustees (if electrical work was performed).
C.
Contents of certificates of occupancy or certificates of compliance.
A certificate of occupancy or certificate of compliance 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 or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance 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 Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate. The Code Enforcement Officer shall be permitted
to issue a temporary certificate allowing the temporary occupancy
of a building or structure, or a portion thereof, prior to completion
of the work which is the subject of a building permit. However, in
no event shall the Code Enforcement Officer issue a temporary certificate
unless the Code Enforcement Officer determines that the building or
structure, or the portion thereof covered by the temporary certificate,
may be occupied safely, that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, and
that all required means of egress from the building or structure have
been provided. The Code Enforcement Officer may include in a temporary
certificate such terms and conditions as he or she deems necessary
or appropriate to ensure safety or to further the purposes and intent
of the Uniform Code. A temporary certificate shall be effective for
a period of time, not to exceed three months, which shall be determined
by the Code Enforcement Officer and specified in the temporary certificate.
During the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code and the Energy Code.
E.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy or certificate
of compliance or a temporary certificate was issued in error because
of incorrect, inaccurate or incomplete information, and if the relevant
deficiencies are not corrected to the satisfaction of the Code Enforcement
Officer within such period of time as shall be specified by the Code
Enforcement Officer, the Code Enforcement Officer shall revoke or
suspend such certificate.
F.
Fee. The fee specified in or determined in accordance with the provisions
set forth in this chapter must be paid at the time of submission of
an application for a certificate of occupancy or certificate of compliance
or temporary certificate.
The chief of any fire department providing fire-fighting services
for a property within the Village shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
A.
Removal or repair. Any structure, part of a structure, or premises
which may at any time become structurally dangerous or unsafe, or
which in the opinion of the Code Enforcement Officer is or is likely
to become a fire hazard or otherwise dangerous to the public safety,
shall be taken down promptly and removed or made safe and secure.
Any vacant or abandoned building unguarded or open at a door or window
shall be deemed dangerous, unsafe and a fire or safety hazard within
the meaning of this section.
B.
Inspection. Upon receipt of information which forms the basis for
a reasonable belief that a structure or part of a structure or premises
is unsafe or dangerous, it shall be the duty of the Code Enforcement
Officer to make an inspection thereof and cause a written report to
be entered with respect thereto in the office of the Village Clerk.
Such inspection shall be made in accordance with applicable legal
requirements for entry onto and inspection of private premises.
C.
Notice or order to abate. In the event the Code Enforcement Officer
determines, after reasonable investigation and/or inspection, that
a structure or part thereof or any premises is structurally or otherwise
unsafe or dangerous or creates a fire hazard, a notice to such effect
shall be served upon owner or the owner's legal representative, or
any other person known to have a vested or contingent interest in
the structure or premises. Such notice shall be served in any manner
authorized for service of a summons in a civil action or by certified
mail, addressed to the last known address for the owner or representative.
Such service shall be deemed sufficient if made to the person whose
name appears upon the most recent assessment roll on file in the office
of the Village Clerk. In the event that such service is made by certified
mail, a copy of such notice shall be posted at a conspicuous location
on the premises affected. Such notice shall include a statement of
the particulars in which the building or structure or premises is
unsafe or dangerous, and also shall contain an order requiring the
same to be made safe and secure or removed, and may establish a date
by which such remediation shall be completed.
A.
Operation 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 Tables 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 100 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 Village Board of Trustees.
(2)
Any person who proposes to undertake any activity or to operate any
type of building listed in this subsection shall be required to obtain
an operating permit prior to commencing such activity or operation.
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 Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer 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 Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer 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 Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed three years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. The
effective period of each operating permit shall be specified in the
operating permit. An operating permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer 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.
G.
Fee. The fee specified in or determined in accordance with the provisions
set forth in this chapter must be paid at the time of submission of
an application for an operating permit, for an amended operating permit,
or for reissue or renewal of an operating permit.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Fire safety 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)
Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least
once every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, 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 fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer 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 Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist, or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer 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
or any successor to such statute(s).
D.
Fee. The fee specified in or determined in accordance with the provisions
set forth in this chapter must be paid prior to or at the time of
each inspection performed pursuant to this section. This subsection
shall not apply to inspections performed by OFPC.
The Code Enforcement Officer 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, or any other
provision of this Village Code or any other law 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 Code Enforcement Officer 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 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 Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
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, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All other features and activities specified in or contemplated by
this chapter; and
(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 Code Enforcement Officer shall annually submit to the Village
Board of Trustees a written report and summary of all business conducted
by the Code Enforcement Officer and the inspectors, including a report
and summary of all transactions and activities described in this chapter
and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the Village, on a form prescribed by the Secretary
of State, a report of the activities of the Village relative to administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer 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 the Village is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of the Village in connection
with administration and enforcement of the Uniform Code.
A.
Compliance orders.
(1)
The Code Enforcement Officer 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 any provision of the Village Code, or any
other law concerning zoning, building or sanitary regulation. Upon
finding that any such condition or activity exists, the Code Enforcement
Officer shall issue a compliance order. The compliance order shall
be in writing; be dated and signed by the Code Enforcement Officer;
specify the condition or activity that violates the Uniform Code,
the Energy Code, or the Village Code; specify the provision or provisions
of the Uniform Code, the Energy Code, or the Village Code which is/are
violated by the specified condition or activity; specify the period
of time which the Code Enforcement Officer 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 Code Enforcement Officer
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 Code Enforcement Officer 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 or in any other manner authorized by law; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
(2)
Emergency conditions. In any instance where the Code Enforcement
Officer determines that an emergency exists, or that any condition
exists at any property which condition constitutes an immediate hazard
or danger to any person or property, the Code Enforcement Officer
may issue such compliance order as the Code Enforcement Officer deems
appropriate, requiring immediate action on the part of the owner or
any occupant of the affected property. Where the Code Enforcement
Officer determines that the condition of the property is such that
immediate remedial action is required to stabilize or remove the hazardous
or dangerous condition without sufficient time to notify the owner
or other person responsible for such property, the Code Enforcement
Officer may take such action as may be reasonably appropriate to stabilize
or remove the hazardous or dangerous condition, and the reasonable
costs and expenses of any such action shall be charged to and constitute
a lien upon said property in the same manner as a property tax. Where
such costs and expenses are not paid or reimbursed to the Village
within 30 days after demand, any additional reasonable costs of collection
and/or enforcement, including reasonable attorneys' fees, shall be
charged to such property in the same manner.
B.
Appearance tickets. The Code Enforcement Officer 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 or the Village Code, 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, certificate
of compliance, temporary certificate, stop-work order, operating permit
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter, shall be liable to a civil penalty,
in an amount to be determined by the Board of Trustees, not to exceed
$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 Village.
D.
Injunctive relief. An action or proceeding may be instituted as authorized
by law in the name of the Village, 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, certificate of compliance, temporary certificate, stop-work
order, operating permit, compliance order, or other notice or order
issued by the Code Enforcement Officer 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 the Village, 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 Board of Trustees of the Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or remedy 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 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 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 § 381 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 § 381 of
the Executive Law.
The Village's existing fee schedule shall be continued, and
such fees, or other or different fees, may be established or amended
from time to time by resolution of the Board of Trustees. The fees
set forth in, or determined in accordance with, such fee schedule
or amended fee schedule shall be charged and collected for the submission
of applications, the issuance of building permits, amended building
permits, renewed building permits, certificates of occupancy, certificates
of compliance, temporary certificates, operating permits, fire safety
and property maintenance inspections, and other actions of the Code
Enforcement Officer described in or contemplated by this chapter.
The Board of Trustees may, by resolution, authorize the Mayor
to enter into an agreement, in the name of the Village, with other
governments to carry out the terms of this chapter, provided that
such agreement does not violate any provision of the Uniform Code,
the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other
applicable law.
[Added 9-21-2022 by L.L. No. 2-2022]
In any case in which a license is required for any person or
entity to perform plumbing, electrical, erection of fencing or signs,
or other work in relation to construction performed in the Village,
the Superintendent of the Building Department is authorized to accept
and recognize any currently valid license to perform such work issued
by the Town of North Hempstead or Nassau County.
