No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article VIII of this chapter. Any permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
[Amended 7-5-1984 by L.L.
No. 17-1984; 5-22-2017 by L.L. No. 2-2017]
This chapter shall be enforced by the Code Inspector and one
or more Assistant Code Inspectors as deemed necessary, referred to
herein individually and collectively as the "Code Inspector," as appointed
by the Mayor and Board of Trustees. It shall be the duty of the Code
Inspector and he is hereby empowered:
A.
To inspect any building, structure or land to determine whether any
violations of this chapter have been committed or exist, whether or
not such building, structure or land is occupied and whether or not
a certificate of occupancy has been issued.
B.
To keep the Board of Trustees advised of all matters pertaining to
the enforcement of this chapter and to make and keep all records necessary
and appropriate to the office, including records of written complaints
of violations of this chapter and action taken on the same.
C.
To issue and post notices of violations, stop orders and revocations
of certificates of occupancy and order the remedying of any condition
or omission that is found to be in violation of this chapter. The
Code Inspector shall also have the power, right and authority to issue
an appearance ticket, as the same is defined in Article 150 of the
Criminal Procedure Law of the State of New York, for the violation
of any provision of this chapter. In addition, by resolution, the
Board of Trustees may direct the Code Inspector to revoke such certificates
of occupancy, issue such stop orders, make such inspections and reports,
initiate and take such court proceedings and perform all other actions
as required by the Board of Trustees as may be necessary to enforce
this chapter or to invoke penalties for its violation.
The Building Code[1] shall be administered by the Building Inspector and one
or more Assistant Building Inspectors as deemed necessary, referred
to collectively as the "Building Inspector," as appointed by the Board
of Trustees. It shall be the duty of the Building Inspector and he
is hereby empowered:
A.
To receive and review applications for building permits and to issue
building permits.
B.
To receive and review applications for certificates of occupancy
and to issue certificates of occupancy.
C.
To inspect any building, structure or land to determine whether any
violations of this chapter have been committed or exist, whether or
not such building, structure or land is occupied and whether or not
a certificate of occupancy has been issued.
D.
To keep the Board of Trustees advised of all matters pertaining to
the enforcement of this chapter and to make and keep all records necessary
and appropriate to the office, including records of written complaints
of violations of this chapter and action taken on the same.
E.
To issue and post notices of violations, stop orders and revocations
of building permits and certificates of occupancy and order the remedying
of any condition or omission that is found to be in violation of this
chapter. The Building Inspector shall also have the power, right and
authority to issue an appearance ticket, as the same is defined in
Article 150 of the Criminal Procedure Law of the State of New York,
for the violation of any provision of this chapter. In addition, by
resolution, the Board of Trustees may direct the Building Inspector
to revoke such building permits and certificates of occupancy, issue
such stop orders, make such inspections and reports, initiate and
take such court proceedings and perform all other actions as required
by the Board of Trustees as may be necessary to enforce this chapter
or to invoke penalties for its violation.
[Amended 7-5-1984 by L.L.
No. 17-1984]
[1]
Editor's Note: The New York State Uniform Fire Prevention
and Building Code is currently enforced in the Village.
A.
No building permit or certificate of occupancy shall be issued unless
the proposed construction or use is in conformance with all the provisions
of this chapter and other applicable laws.
B.
Whenever the Building Inspector or Code Inspector determines upon
reasonable grounds that work on any building, structure or lot is
being or has been conducted in violation of any of the provisions
of the Building Code, state or federal laws, building laws, ordinances,
local laws, regulations, rules or specifications of the Village of
New Hempstead or other applicable laws or regulations or the requirements
of any approved site plans or subdivision plat, including required
drainage, grade or elevation plans, or not in conformity with the
provisions of any application, plans or specifications upon which
a building permit was issued or that such work is being conducted
in a dangerous or unsafe manner, then the Building Inspector or Code
Inspector may notify the owner of the property or the owner's agent
or the person performing the work to suspend such remaining work on
any building or structure which is or could be affected by the violation
located within the plot or subdivision where the violation exists.
If work remains to be performed on such buildings or structures, such
persons shall forthwith stop such work and suspend all building activities
on the affected buildings or structures until the stop order has been
rescinded. Such stop 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
or structure under construction and sending a copy of the same by
registered mail. Any person aggrieved by such a stop order may appeal
to the Board of Appeals within 30 days to review the same, and the
Zoning Board of Appeals, on such review, may affirm, modify or reverse
the action of the Building Inspector or Code Inspector, as the facts
may warrant.
C.
Where the determination of violation concerns a building or structure for which a certificate of occupancy has already been issued, the Building Inspector or Code Inspector may revoke the certificate of occupancy in accordance with § 290-81 of this chapter. Upon revocation of the certificate of occupancy, the occupants then have a maximum period of 60 days in which to vacate the premises.
[Amended 11-15-1984 by L.L. No. 31-1984]
A building permit is required for the construction, reconstruction,
moving, demolition or structural alteration or change in the use of
a building or a structure or for nonstructural alterations thereto
other than ordinary repairs. Nonstructural alterations shall include
but not be limited to the construction or moving of an interior wall,
window enlargement or extension of plumbing, heating or electrical
systems or facilities.
A.
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 agreeing with the Tax Map of the Village of New Hempstead
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, including
the full names and addresses of each officer and director of any corporation
or each member of a partnership.
(5)
A brief description of the nature of the proposed work.
(6)
All applications shall be accompanied by two copies of the applicable
site plan, subdivision maps, drainage grading and elevation plans
and all other documents, if required for the development of the plot,
building or structure.
(7)
Each application for a building permit shall be accompanied by plans
and specifications, including plot plans as required, drawn to scale,
showing the location and size of all proposed new construction and
all existing structures on the site, the nature and character of the
work to be performed and the materials to be incorporated, the distance
from plot lines, the widths and grades of adjoining streets, walks
and alleys and the details of structural, mechanical and electrical
work, including computations, stress diagrams and other essential
technical data. Such plans and specifications shall include on the
plot plan or site plan the proposed location of all underground facilities,
including gas service, electric service, sewer lines, drainage lines
(including routing of drainage from roof leaders and footing drains)
to a positive outlet, water lines, sprinkler lines, telephone lines,
etc. The building plans shall include plans for mechanical services,
including gas, electric, water, heating and air conditioning. Plans
and specifications shall bear the signature of the person responsible
for the design and drawings and the architect's or engineer's signature,
seal and New York State license number.
B.
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.
C.
Any amendment to the application or to the plans and specifications
accompanying the same must be filed and approved by the Building Inspector
and, if required, the Architectural Review Board prior to the commencement
of the amended work, and such amendments shall comply with the provisions
of this chapter. The granting or refusal of such an amendment by the
Building Inspector shall be in writing and may be reviewed by appeal
to the Zoning Board of Appeals within 30 days after such determination
is filed in the office of the Building Inspector.
[Amended 7-5-1984 by L.L.
No. 17-1984; 11-15-1984 by L.L. No. 31-1984]
A.
The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith. Within 20 days of receipt of the same, except where
review by the Board of Trustees, Planning Board or Architectural Review
Board is required, he shall approve or disapprove the permit. If the
approval of the Board of Trustees, Planning Board or Architectural
Review Board is required pursuant to the requirements of this chapter,
the Building Inspector shall refer the application to the appropriate
board for review under these regulations, with board approval required
prior to any issuance of a building permit. Where Board of Trustees,
Planning Board or Architectural Review Board approval is required,
the Building Inspector shall approve or disapprove the permit within
10 days of the receipt of the board's written approval. An appeal
from the approval or disapproval of any application shall be made
to the Zoning Board of Appeals within 30 days after the determination
of the Building Inspector has been filed in the office of the Building
Inspector or endorsed on the building plans filed in said office.
Any final determination of disapproval shall be indicated in writing
and, together with the copies thereof filed in the office of the Building
Inspector, mailed to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Upon approval of the applications and upon receipt of the fees therefor,
the Building Inspector 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. 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 and open to inspection
by the Building Inspector or his authorized representative at all
reasonable times.
C.
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.
Every building permit shall expire by limitation at the end
of one year from the date issued. If a construction is not completed
within said one-year period, the Building Inspector may, for due cause
shown, extend the permit for a period not to exceed one year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event that any application for a building permit provides for construction or other activity involving operation of equipment, personnel or placement of materials which may create a hazard on a public street, way, easement or public property, prior to issuing such building permit, the applicant shall present evidence of liability insurance saving the Village harmless in the amount of $1,000,000 per person and $5,000,000 per occurrence, or such other amounts as may be approved by the Village Board, in a form acceptable to the Village Attorney. Additionally, property damage insurance or other surety acceptable to the Village Attorney may be required where such construction or activity may damage public property, including sidewalks, paving, signs or landscaping. In reviewing any application hereunder, the Building Inspector shall determine whether such hazard may exist by virtue of the nature of activity described in such application. Where, after a building permit has been issued without such liability insurance, it shall appear that such hazards are present, the Building Inspector may, on due notice given, require such insurance and, pursuant to § 290-69E of this chapter, may suspend such activity pending receipt of the required liability policy.
Every application for a building permit pursuant to this chapter
and/or the Building Code shall be accompanied by a fee in accordance
with the Fee Schedule of the Village of New Hempstead.
A.
No building or structure or portion thereof for which a building
permit has been issued shall be used or occupied in whole or in part
until a certificate of occupancy shall have been issued by the Building
Inspector. Continued use or occupancy of the building or structure
shall be in conformance with the issued certificate of occupancy.
[Amended 11-7-1985 by L.L. No. 6-1985]
B.
No change shall be made in the use or type of occupancy of an existing
building or structure or in the use of land, except to any use which
is primarily agricultural, unless a certificate of occupancy authorizing
such change in use shall have been issued by the Building Inspector.
A change in use shall include a change in the type or general class
of goods or services sold or manufactured and any substantial change
in manufacturing operation involving new equipment and machinery.
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:
A.
A complete set of as-built drawings showing the as-built locations
of all the underground facilities and interior mechanical services.
These plans shall be signed and certified by a New York State licensed
architect or engineer.
B.
An affidavit of the owner or 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 this 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 and that
the structure has been erected in accordance with approved plans and,
as erected, complies with this chapter and the law governing building
construction, including all subdivision regulations and the requirements
of any approved subdivision plat or site plan, except insofar as variations
therefrom have been legally authorized. Such variations shall be specified
in the affidavit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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. There shall be maintained
by the Building Inspector a record of all such examinations and inspections,
together with a record of findings of violations of the law. However,
any certificate of occupancy for the establishment of any use of a
building or land requiring a special permit as listed in the Schedule
of Use Regulations[1] and any other particular use requiring the approval of
the Planning Board shall be issued only with the authorization of
the Planning Board. Every certificate of occupancy for a use for which
a special permit or variance has been granted shall contain a detailed
statement of such special permit or variance and of the conditions
to which the same is subject.
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
Every application for a certificate of occupancy shall be accompanied
by a fee as set forth in the Fee Schedule of the Village of New Hempstead.
A certificate of occupancy shall be deemed to authorize and
is required for both initial and continued occupancy and use of the
building or land to which it applies and shall continue in effect
so long as such building or land is used for the use authorized in
the certificate of occupancy. If terms of such certificate of occupancy
are violated by the holder thereof, the Building Inspector or Code
Inspector may, by service of notice of violation, revoke such certificate
of occupancy, which order of revocation is, however, subject to review
by the Zoning Board of Appeals by the holder thereof taking an appeal
to the Zoning Board of Appeals within 30 days of service of said order
of termination.
Copies of every certificate of occupancy issued hereafter shall
be furnished on request to the Planning Board or Zoning Board of Appeals
and on the payment of the regular application fee therefor to any
other person. The Board of Trustees may, by resolution, fix the fees
required from the general public for copies of public documents required
under this chapter.
[Amended 3-6-1986 by L.L.
No. 4-1986]
A.
Any person, as defined in this chapter, other than a corporation,
who shall violate any provision of this chapter or any other regulation
made under authority conferred hereby or who shall build or alter
any structure or use any land in violation of any statement or plan
submitted and approved hereunder or who shall knowingly assist therein
shall be liable to a fine of not more than $5,000 or imprisonment
not exceeding 15 days, or both such fine and imprisonment. Each day's
continued violation shall constitute a separate and additional violation.
B.
Any corporation which shall violate any provision of this chapter
or any other regulation made under authority conferred hereby or which
shall build or alter any structure or use any land in violation of
any statement or plan submitted and approved hereunder or which shall
knowingly assist therein shall be liable to a special corporate fine
of not more than $10,000. Each day's continued violation shall constitute
a separate and additional violation.
In case any land is used or any structure is erected, constructed,
altered or maintained in violation of this chapter, any regulation
made pursuant hereto or any detailed statement or plan submitted and
approved hereunder, in addition to other lawful remedies, any appropriate
action or proceedings may be instituted to prevent such unlawful use,
erection, construction, alteration or maintenance, to restrain, correct
or abate such violation, to prevent the occupancy of such structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises. Whenever the Building Inspector or Code Inspector
has reasonable grounds to believe that work on any structure is being
prosecuted in violation of the provisions of this chapter or not in
conformity with any regulation made pursuant hereto or not in compliance
with any detailed statement or plan submitted and approved hereunder
or in an unsafe and dangerous manner, he may issue a stop-work order
pursuant to the provisions of the Building Code.
