[HISTORY: Adopted by the Board of Trustees of the Village
of Island Park as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Moving of buildings — See Ch. 192.
Unsafe buildings — See Ch. 197.
Residential dwellings — See Ch. 232.
Licensing of electricians — See Ch. 239.
Fire prevention — See Ch. 258.
Illegal occupancies — See Ch. 295.
Licenses, permits and certificates — See Ch. 326.
Licensing of plumbers — See Ch. 417.
Plumbing permits — See Ch. 422.
Zoning — See Ch. 625.
[Adopted 12-22-2016 by L.L. No. 22-2016]
The Village Board of Trustees hereby creates the Building Department.
[Adopted 12-22-2016 by L.L. No. 23-2016]
The head of the Building Department of the Village of Island
Park shall be the Village Building Inspector appointed by the Mayor
and Board of Trustees pursuant to § 3-301 of the New York
Village Law, who shall have the title of "Chief Building Inspector"
and receive such compensation as may be fixed by the Mayor and Board
of Trustees. The Mayor and Board of Trustees may appoint such assistants
and subordinates to the Chief Building Inspector as may be deemed
necessary for enforcing the provisions of this code.
In the absence of the Building Inspector or in case of his inability
to act for any reason, the Mayor and Board of Trustees shall have
the power to designate a person to act on behalf of the Building Inspector
and to exercise all the powers conferred upon him by this article.
The Mayor and Board of Trustees may appoint a Plumbing Inspector
or Inspectors and other Building Department personnel, 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 Plumbing Inspectors and personnel shall be fixed by the Mayor
and Board of Trustees.
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 he, 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 unincorporated area of the Town
of Hempstead, except that this provision shall not prohibit any employee
from such activities in connection with the construction of a building
or structure owned by him or not constructed for sale.
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 provisions of laws, ordinances and
regulations applicable to the construction, alteration, repair, removal
and demolition of buildings and structures, including plumbing and
drainage work therein, and the installation and use of materials and
equipment therein, and the location, use, occupancy and maintenance
thereof.
B.
He shall have the power to adopt rules, with the consent of the Village
Board, to secure the intent and purposes of this article and a proper
enforcement of the laws, ordinances and regulations governing building
construction and plumbing and drainage work in any building or structure.
C.
He shall receive and examine and approve or disapprove, within a
reasonable time after receipt thereof, applications for 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 ensuring compliance with laws, ordinances and regulations governing
building construction.
D.
He shall receive and examine and approve or disapprove, within a
reasonable time after receipt thereof, applications to install any
new plumbing or drainage work in a building or structure, or to extend
or alter any existing plumbing or drainage work.
E.
He shall, on complaint or other information, examine existing and
completed buildings and structures, as well as buildings and structures
under construction, and shall issue all appropriate notices or orders
to remove illegal or unsafe conditions, to require the necessary safeguards
during the construction and to ensure compliance during the entire
course of construction with the requirements of such laws, ordinances
and regulations. He 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 other employees of the Department
of Buildings or from generally recognized and authoritative service
and inspection bureaus, provided the same are certified by a responsible
official thereof.
F.
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances and regulations
covering building construction, he may require the performance of
tests in the field by experienced, professional persons or by accredited
and authoritative laboratories and/or service bureaus or agencies.
G.
The Chief Building Inspector is hereby authorized to adopt such administrative
rules and regulations as shall be necessary or desirable for the enforcement
and application of this article and all persons making application
to the Building Department or subject to this article shall comply
with such rules and regulations, copies of which shall remain on file
in the office of the Chief Building Inspector of the Building Department
at all times.
H.
Construction guidelines for determining estimated costs. The Chief
Building Inspector is authorized to fix, by regulations, a schedule
of square feet and/or cubic feet for buildings or structures of varying
types of construction and classes of occupancy to serve as the basis
for determining estimated costs. The estimated cost of the structure
shall be determined by the Chief Building Inspector.
[Added 11-16-2017 by L.L.
No. 21-2017]
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.
B.
The Building Inspector shall annually submit to the Village Board
a written report and summary of all business conducted by the Department
of Buildings, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending.
The Building Inspector may request, so far as may be necessary
in the discharge of his duties, the assistance and cooperation of
the Police, Fire and Health Departments and all municipal officials
exercising any jurisdiction over the construction, use or occupancy
of buildings or the installation of equipment therein.
A.
Permit required. No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
demolition, repair or conversion of any building or structure or part
thereof, or change the nature of the occupancy of any building or
structure, or cause same to be done, or to install in or in connection
with a building or structure an elevator or heating or heat-producing
appliance or equipment other than ordinary stoves or ranges, without
first filing with the Building Inspector an application for such construction,
alteration, moving or demolition, or installation of elevator, heating
or heat-producing appliance or equipment other than ordinary stoves
or ranges, and obtaining a permit.
(1)
It shall further be unlawful for any property to be maintained with
any building, structure, or other improvement for which a building
permit is required under the laws of the Village of Island Park, or
any law duly enforceable by the Village of Island Park, unless and
until a building permit and any required certificate of completion
or occupancy has been duly issued therefor.
(2)
It shall not be a defense to the above provisions of this article,
on behalf of any owner, tenant, or other person or entity in control
of the premises, that any such building, structure, or improvement
was fully or partially in existence prior to the time that such owner,
tenant, or other person or entity in control of the premises acquired
such status, and they or any of them shall be liable for such violation(s)
to the extent provided by law.
(3)
Construction fencing, defined as six-foot-high chain-link fence, must be installed at construction work sites that are unoccupied during construction and at locations as directed by the Building Inspector. Failure to comply with any provision of this subsection will be deemed a violation punishable in accordance with § 188-23, Penalties for offenses.
[Added 2-16-2017 by L.L.
No. 1-2017]
(4)
The erection, including excavation, demolition, alteration or repair, of any building other than between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on Saturday is prohibited except in the case of an urgent necessity in the interest of public safety, and then only with a permit from the Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues. Failure to comply with any provision of this subsection will be deemed a violation punishable in accordance with § 188-23, Penalties for offenses.
[Added 2-16-2017 by L.L.
No. 2-2017]
B.
Application contents.
(1)
Such application shall be made to the Building Inspector on forms
provided by him and shall contain the following information:
(a)
A description of the land on which the proposed work is to be
done.
(b)
A statement of the use or occupancy of all parts of the land
and the proposed building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of the applicant,
and the names and addresses of their officers if any of them are corporations.
(e)
A brief description of the nature of the proposed work.
(g)
Such other information as may reasonably be required by the
Building Inspector to establish the compliance of the proposed work
with the requirements of the applicable building laws, ordinances
and regulations.
(2)
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.
(3)
If the application contemplates the moving of an existing building
or structure from one location to another, it shall be accompanied
by a description of the method to be used and a statement of the route
to be followed. Permits from the state, county, town and/or Village
authorities shall be submitted at the time of making application for
permit.[1]
(4)
The Building Inspector shall require a separate application to be
filed for an elevator installation, but in case such separate application
is filed by the same applicant in connection with and relating to
an application to construct or alter a building or structure, it shall
not be necessary to duplicate the affidavit attached to, or information
contained in, the application to construct or alter.
(5)
Nothing in this section shall prevent the Building Inspector from
requiring such additional information as may be necessary to an intelligent
understanding of any proposed work.
C.
Each application for a building permit shall be accompanied by duplicate
plans and specifications, duplicate property surveys by a licensed
land surveyor, and a recent tax bill for the subject property. The
applicant shall type or print legibly all pertinent information on
the applications. The plot plan shall be drawn to scale and shall
show the location, size, shape and dimensions of the property, the
setbacks from the property lines and the size of all existing and
proposed buildings, additions and/or structures on the property and
the front yard setbacks of all existing buildings within 200 feet
on each side of the plot.
(1)
The plans shall be drawn to scale and shall show all necessary details
of all structural, mechanical, electrical and plumbing work to be
performed.
(2)
Plans and specifications shall bear the signature of the person responsible
for the design and drawings and, where required by law, the seal of
a licensed architect or a licensed professional engineer.
(3)
The Building Inspector, at his discretion, may accept a written description
of work, in lieu of construction documents, signed and sealed by a
licensed architect or a licensed professional engineer, for emergency
repairs.
(4)
An application to demolish shall give the full name and addresses
of the owner or owners, the applicant and of the person who is to
do the work; the lot number or street number of the premises.
D.
Amendments, if any, to the application or to the plans and specifications
accompanying the same shall be filed with the Building Department
and approval received from the Building Inspector prior to the commencement
of such change of work.
The provisions of Chapter 422, Plumbing Permits, notwithstanding;
A.
A person, firm or corporation shall not install or cause to be installed
any new plumbing or drainage work in a building or structure, or extend
or alter or cause to be extended or altered any existing plumbing,
or install a new sewage disposal system, or alter, rehabilitate, reconstruct
or replace an existing sewage disposal system without first obtaining
a permit from the Department of Buildings for such work. All requirements
pertaining to plumbing and drainage, as prescribed by this article,
shall be applicable to sewage disposal systems, unless otherwise specified
or as may be determined by the Chief Building Inspector.
(1)
It shall further be unlawful for any property to be maintained with
any plumbing or drainage work in a building or structure for which
a plumbing permit is required under the laws of the Town of Hempstead,
or any law duly enforceable by the Village of Island Park, unless
and until a plumbing permit has been duly issued therefor.
(2)
It shall not be a defense to the above provisions of this article,
on behalf of any owner, tenant, or other person or entity in control
of the premises, that any such plumbing or drainage work in a building
or structure was fully or partially in existence prior to the time
that such owner, tenant or other person or entity in control of the
premises acquired such status, and they or any of them shall be liable
for such violation(s) to the extent provided by law.
B.
No person, firm or corporation shall supply or cause to be supplied
or used water for any building, structure or real property within
the building lines of any premises in the Village of Island Park until
a permit shall be secured.
C.
Permit required for gas supply or meters.
(1)
No person, firm, corporation or purveyor of gas shall install or
cause to be installed any pipe for the supply of gas from a meter
or source of supply to a consumer's appliance in any building,
structure or real property within the building lines of any premises
in the Village of Island Park until a permit shall be secured.
(2)
No person, firm, corporation or purveyor of gas shall install or
cause to be installed a gas meter or meters for the supply of natural
gas or such other device that is a necessary component for the supply
of natural gas or such other device that is a necessary component
for the supply of liquefied petroleum gas to a consumer's appliance
in any building, structure or real property within the building lines
of any premises in the Village of Island Park until a permit shall
be secured and a test witnessed by Building Department shall have
proven the integrity of the piping used for the supply of gas to a
consumer's appliance.
D.
Applications for plumbing work, including connections from a house
sewer to the public sewage disposal system, shall be made by licensed
plumbers on forms prescribed by the Chief Building Inspector.
E.
The Building Department may require said applications to be accompanied
by plans when such are necessary for an intelligent understanding
of the proposed work.
F.
No change shall be made in the specifications or plans for plumbing
or drainage work after a permit has been issued unless an amendment
showing such changes has been made to the application and they have
been approved by the Chief Building Inspector.
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 an application for a permit and upon receipt of
the legal fees therefor, the Building Inspector shall issue a 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 an application for a building permit, both sets
of plans and specifications shall be endorsed with the word "Accepted."
One set of such approved plans and specifications shall be retained
in the files of the Building Department 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 an application for a building or plumbing permit, 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 or plumbing and drainage laws, ordinances
and regulations, the Building Inspector shall disapprove the same
and the plans and specifications shall become part of the public record.
Upon 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.
No permit for plumbing or drainage work shall be issued unless and
until the application relating thereto has been approved by the Building
Inspector or a Plumbing Inspector.
F.
Nothing in this section shall be construed to prevent the Building
Inspector from authorizing a permit for the construction of part of
a building or structure when plans and detailed statements of said
building or structure have been submitted or approved, provided that
the information required by this article has been filed. The part
of the construction to be permitted shall be at the discretion of
the Building Inspector, and any such work done under approval, in
part, shall be at the risk of the applicant.
A.
A building permit or a plumbing permit shall be considered authorization
to commence work in accordance with the application, plans and specifications
as approved by the Department of Buildings. Except for building or
plumbing permits issued for demolition purposes, work shall commence
within 90 days of the date of issuance. For permits issued for demolition
purposes, work shall commence within 15 days of the date of issuance.
A project shall be deemed abandoned if work is not commenced within
the specified time limitation, or if the project is not completed
prior to the permit expiration date.
B.
Whenever a project has been deemed abandoned, it shall be unlawful
to continue work thereon except upon the issuance of a supplementary
permit setting forth an extension of time. However, if a written application
is filed simultaneously with the required fee, outlining the reasons
necessitating an extension of time, the Chief Building Inspector may,
for good cause, allow a reasonable extension of time and grant the
issuance of a supplementary permit.
C.
Each supplementary permit issued for an extension of time shall be
limited to a period of 90 days or less, except that each extension
granted on a permit for demolition work shall be limited to a period
of 15 days or less. If any project for which a building or plumbing
permit has been issued, except for demolition work, has not been completed
within one year from the date of issuance, it shall be deemed abandoned.
Permits for demolition work shall be considered abandoned if such
demolition is not completed within 30 days of the date of issuance
of such permit. Where application is made to complete any project
within a period of time beyond said one-year period, it will be necessary
to obtain a supplementary permit for an additional period, but in
no event shall this completion period be extended beyond two years
from the original date of issuance.
D.
The fee required for each extension requested shall be 25% of the
total fees charged for the issuance of such permit, but shall not
be less than $50 nor exceed $120. The fee required upon filing the
application for extension of a permit shall be payable at such time.
Any fees paid for an extension shall be nonrefundable and shall not
be applicable to nor deductible from any other fees associated with
such permit.
E.
The location of a new building or structure or an extension of an
existing building or structure shown on an accepted and approved plot
diagram or an approved amendment thereof shall be strictly adhered
to.
F.
It shall be unlawful to reduce or diminish the area of any lot or
plot for which a plot diagram has been filed and has been used as
the basis for a permit, unless a revised plot diagram showing the
proposed change in condition shall have been filed and approved; provided,
however, that this shall not apply when the lot area is reduced by
reason of a street opening or widening or other public improvement.
G.
Notice in writing shall be given to the Chief Building Inspector
at least 24 hours before the commencement of any work requiring a
permit.
H.
Where a permit is required for the construction or erection of walls,
ceilings or partitions, or where such work is done in conjunction
with other work requiring a permit, the Chief Building Inspector shall
be notified, in writing, and permission shall be secured before installing
any covering thereon.
I.
Permits, plans and surveys approved by the Department of Buildings
shall be available on the job site at all times during the progress
of construction. Permits issued by the Department of Buildings shall
be displayed and affixed so as to be readily seen from adjacent thoroughfares
during this period.
In the event of the abandonment of any building project, it
shall be the duty of the holder of the permit or the owner of the
premises, his agent or duly authorized representative, to backfill
any open excavation up to the street or ground level; in case the
construction of the building or structure has proceeded beyond the
cellar excavation, all uncompleted structures or openings shall be
completely boarded up so as to prevent access to the building or structure,
in order to limit and prevent danger to persons or property and possible
fire hazards.
The Building Inspector shall have authority to revoke permits
theretofore issued 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 specification on
which the building permit was based;
B.
Where he finds that the 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 of the application, plans
or specifications; or
D.
Where the person to whom a permit has been issued fails or refuses
to comply with a stop order issued by the Building Inspector.
Whenever the Building Inspector has reasonable grounds to believe
that work on or in any building or structure is being prosecuted in
violation of the provisions of the applicable building or plumbing
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 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 same by registered or certified mail.
A.
No building hereafter erected shall be occupied or used, in whole
or in part, until a certificate of occupancy shall have been issued
by the Building Inspector certifying that such building conforms substantially
to the permit and the requirements of law applying to buildings of
its class and kind.
B.
No building hereafter enlarged or extended, or so altered, wholly
or in part, as to change its classification as a residential, business,
light manufacturing or industrial building, and no building hereafter
altered for which a certificate of occupancy had not been issued heretofore,
shall be occupied or used, in whole or in part, until a certificate
of occupancy shall have been issued by the Building Inspector certifying
both that the work for which the permit was issued has been completed
substantially in accordance with the permit and the provisions of
law applying to such an alteration, and that the building is safe
for occupancy insofar as can be determined by visual inspection; provided
that if the occupancy or use of such building was not discontinued
during the work of alterations, the occupancy or use of the building
shall not continue for more than 30 days after completion of the alteration
unless such certificate shall have been issued.
A.
In those instances where work is performed under a permit but no
certificate of occupancy is required, the Building Inspector shall
issue a certificate of completion if it is found that the proposed
work has been completed substantially in accordance with the permit
and the laws applicable thereto. The certificate shall also indicate
the use or uses to which the structure or installation may thereafter
be put and to what extent.
B.
It shall be unlawful for any owner, tenant, or other person or entity
in control of the premises to maintain any work performed under a
building permit for a period of longer than one year from the issuance
of said permit, without a certificate of completion, unless a supplementary
building permit extending time for completion has been issued.
C.
It shall not be a defense to the above provisions of this article,
on behalf of any owner, tenant, or other person or entity in control
of the premises, that any such work performed under a building permit
for a period of longer than one year from the issuance of said permit,
without a certificate of completion, unless a supplementary building
permit extending time for completion has been issued, was fully or
partially in existence prior to the time that such owner, tenant,
or other person or entity in control of the premises acquired such
status, and they or any of them shall be liable for such violation(s)
to the extent provided by law.
In those instances where plumbing or drainage work is to be
performed under a permit, the Building Inspector shall issue a certificate
of approval of the plumbing or drainage work if it is found that said
work has been completed substantially in accordance with the permit
and the laws applicable thereto.
A.
It shall be unlawful for any owner, tenant, or other person or entity
in control of the premises to maintain any work performed under a
plumbing permit for a period of longer than one year from the issuance
of said permit, without a certificate of approval of the plumbing
or drainage work, unless a supplementary plumbing permit extending
time for completion has been issued.
B.
It shall not be a defense to the above provisions of this article,
on behalf of any owner, tenant, or other person or entity in control
of the premises, that any such work performed under a plumbing permit
for a period of longer than one year from the issuance of said permit,
without a certificate of approval, unless a supplementary plumbing
permit extending time for completion has been issued, was fully or
partially in existence prior to the time that such owner, tenant,
or other person or entity in control of the premises acquired such
status, and they or any of them shall be liable for such violation(s)
to the extent provided by law.
A.
Before issuing a certificate of occupancy, a certificate of completion,
or a certificate of approval of plumbing or drainage work, the Building
Inspector shall examine or cause to be examined all buildings, structures,
sites and work for which such application has been filed; and he may
conduct such inspection as he deems appropriate from time to time
during and upon completion of the work.
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.
A.
A certificate of occupancy, a certificate of completion, or a certificate
of approval of plumbing or drainage work shall be issued within a
reasonable time after application therefor is made.
B.
The Building Inspector, at his discretion, may require a final survey
to be submitted before a certificate of occupancy or a certificate
of completion will be issued.
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 that such portion or portions as have been completed may
be occupied safely without endangering life, health or the public
welfare. A temporary certificate of occupancy may be issued for a
period not exceeding three months from its date of issuance and shall
be void thereafter, except that for good cause the Building Inspector
may allow a maximum of two extensions for periods not exceeding three
months each.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of the applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests by a testing
agency designated by the Building Inspector at the applicant's
own cost, in order to furnish proof of such compliance.
In accordance with § 382 of Article 18 of the Executive
Law of the State of New York:
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building or structure or portion thereof in violation of any provision
of law or rule promulgated by the Building Department in accordance
with applicable laws or to fail, in any manner, to comply with a notice,
directive or order of the Building Inspector or to construct, alter,
use or occupy any building or structure or part thereof in a manner
not permitted by an approved building or plumbing permit or certificate
of occupancy.
B.
For any and every violation of the provisions of this article, the
owner, general agent or contractor of a building or premises where
such violations have been committed or shall exist, and the lessee
or tenant of an entire building or entire premises where such violations
have been committed or shall exist, or the owner, general agent, contractor,
lessee or tenant of any part of a building or premises in which part
such violation has been committed or shall exist, and the general
agent, architect, builder, contractor or any other person who knowingly
commits, takes part in or assists in any such violation or who maintains
a building or premises in which any violation shall exist, shall be
guilty of an offense punishable by a fine of not less than $250 and
not exceeding $2,500 or by imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, such violation shall be punishable by a fine of not
less than $500 nor more than $5,000 or by imprisonment for a period
not to exceed 15 days, or both; and upon conviction of a third or
subsequent offense, all of which were committed within a period of
five years, such violation shall be punishable by a fine of not less
than $1,000 nor more than $10,000 or by imprisonment for a period
not to exceed 15 days, or both. Each day the violation continues shall
constitute a separate additional offense.
[Amended 2-16-2017 by L.L. No. 5-2017]
C.
Except as provided otherwise by law, such a violation shall not be
a crime and the penalty or punishment imposed therefor shall not be
deemed for any purpose a penal or criminal penalty or punishment and
shall not impose any disability upon or affect or impair the credibility
as a witness, or otherwise, of any person convicted thereof.
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 penalties
otherwise prescribed by law.
The provisions of Chapter 197, Unsafe Buildings, notwithstanding;
A.
All buildings or structures which are structurally unsafe, unsanitary
or not provided with adequate egress, or which constitute a fire hazard
or are otherwise dangerous to human life, or which in relation to
existing use constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or abandonment,
are, severally, for the purpose of this 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, in the same manner as provided for the service of stop orders
of this article, give to the owner, agent or person in control of
such building or structure written notice stating the defects thereof.
This notice shall require the owner within a stated time either to
complete specified repairs or improvements or to demolish and remove
the building or structure or portion thereof.
D.
If the Building Inspector finds that there is actual and immediate
danger of failure or collapse so as to endanger life, such notice
shall also require the building, structure or portion thereof to be
vacated forthwith and not reoccupied until the specified repairs and
improvements are completed, inspected and approved by the Building
Inspector. The Building Inspector shall cause to be posted at each
entrance to such building a notice that the building is unsafe, forbidding
anyone to enter it and directing the owner to get in touch with the
Building Department immediately. Such notice shall remain posted until
the required repairs are made or demolition is completed. It shall
be unlawful for any person, firm or corporation, or their agents or
other persons, to remove such notice without written permission of
the Building Inspector, or for any person to enter the building except
for the purpose of making the required repairs or of demolishing same.
E.
In case the owner, agent or person in control cannot be found, or
if such owner, agent or person in control fails, neglects or refuses
to comply with a notice to repair, rehabilitate or to demolish and
remove said building or structure or portion thereof, the Village
Attorney shall be advised of all the facts in the case and shall institute
an appropriate action in the courts to compel compliance.
F.
In case of emergency which, in the opinion of the Building Inspector,
involves imminent danger to human life or health, he shall promptly
cause such building, structure or portion thereof to be vacated and
to be made safe or to be removed. For this purpose, he may at once
enter such structure or land on which it stands, or abutting land
or structure, with such assistance and at such cost as may be necessary.
He may vacate adjacent structures and protect the public by appropriate
barricades or such other means as may be necessary, and for this purpose
may close a public or private way.
The restrictions of Chapter 625, Zoning, with respect to the location of trades and industries, the use and occupancy of buildings and the areas of yards and other open spaces, and the height of buildings and structures, shall not be deemed to be modified by any provision of this article; and those restrictions shall be controlling except insofar as this article imposes greater restrictions by reason of the type of construction used, in which case the provisions of this article shall control.
No oversight or dereliction of duty on the part of the Building Inspector or on the part of any employee of the Building Department shall legalize the erection, construction, alteration, removal of, use or occupancy of a building or structure that does not conform to the applicable building or plumbing laws, ordinances or regulations, or that does not conform to the provisions of an application, plans or specifications on the basis of which a building permit or plumbing permit was issued, or that does not conform to the applicable provisions of Chapter 625, Zoning.
The licensing of plumbers shall be in accordance with Chapter 417, Licensing of Plumbers.
All employees of the Department of Buildings and the Department
of Public Works who are now or hereafter charged with the responsibility
to perform inspection and/or enforcement duties with regard to the
laws, codes, ordinances, rules and regulations within the general
jurisdiction of their respective departments are hereby further empowered
to enforce any statute, local law, ordinance, rule or regulation relating
to parking, licensing of occupations or businesses, fire prevention
and safety, health and sanitation (including maintenance of roads
and sidewalks), building, zoning and planning, and to issue appearance
tickets returnable in the Village Court for violation(s) thereof.
Nothing herein shall be construed in such a manner as to authorize
enforcement of any laws, codes, ordinances, rules and regulations,
including the issuance of appearance tickets, by any person who has
not fulfilled express requirements or achieved necessary qualifications
therefor as may be provided under applicable state or federal laws.
Nothing herein shall be construed as curtailing the authority
of any employee of the Department of Buildings or the Department of
Public Works, heretofore existing under the laws, codes, ordinances,
rules and regulations within the general jurisdiction of their respective
departments.
This article is intended to supplement and not repeal the provisions of the Village Code of the Village of Island Park. In the event of a conflict between the provisions of this article and the provisions of the Code of the Village of Island Park or Chapter 625, Zoning, the more stringent regulation shall control. Any existing procedural requirement or specific term set forth in the Code of the Village of Island Park or Chapter 625, Zoning, which is substantially analogous to any procedural requirement or specific term set forth in this article may be continued and followed in the administration and enforcement of this article, and the same shall be considered in full compliance herewith. In the event that any part of this article is held to be unenforceable by a court of competent jurisdiction, then only the part so held shall not be enforced, and the remainder shall continue in full force and effect.
