[Adopted as Ch. 13, Art. II, of the 1972 Code]
There is hereby designated in the Town of Carmel a public official to be known as the "Building Inspector," who shall be appointed by the Town Board at a compensation to be fixed by it.
The Town Board may appoint one or more inspectors, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his powers and duties. The compensation of such Building Inspectors shall be fixed by the Town Board.
In the absence of the Building Inspector or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in his behalf and to exercise all of the powers conferred upon him by this article.
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 and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
B. 
He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.
C. 
He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or 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 generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
D. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.
B. 
The Building Inspector shall monthly submit to the Town Board a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, conversion or change in the nature of the occupancy of any building or structure or cause the same to be done without first obtaining a separate building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Applications for permits.
(1) 
Application for a building permit 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 of the 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 responsible officers if any of them are corporations.
(e) 
A brief description of the nature of the proposed work.
(f) 
A duplicate set of plans and specifications as set forth in Subsection B(3) of this section.
(g) 
Such other information as may reasonably be required by the Building Inspector to establish 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) 
Plans and specifications.
(a) 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distances from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
(b) 
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
(c) 
The Building Inspector may waive the requirement for filing plans.
(4) 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.
C. 
Processing of applications; issuance of building permits.
(1) 
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.
(2) 
Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
(3) 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
(4) 
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 Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
D. 
Commencement of work.
(1) 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based. Any work authorized under such building permit shall be substantially commenced not later than six months from the date of issuance and shall be valid for a period of six months from the commencement of such work. Such permit may be extended by the Building Inspector for good cause shown for two periods of not more than three months each.
(2) 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
E. 
Fees.
[Amended 6-12-1985; 11-26-1986]
(1) 
Upon the filing of an application for a building permit, the applicant shall pay a fee pursuant to the following categories:
(a) 
Up to $1,000 of total valuation of work.
(b) 
For each additional $1,000 of total valuation of work, or fraction thereof, up to and including $15,000.
(c) 
For each additional $1,000 of total valuation of work, or fraction thereof.
(2) 
The building permit fees shall be established annually by the Town Board and shall be on file in the office of the Town Clerk.
F. 
Revocation of building permits. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2) 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
(3) 
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.
(4) 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or is not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or is in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.
Any building official, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
A. 
Required.
(1) 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
(2) 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
(3) 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector.
(4) 
No land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector, stating that the use, premises or building, whichever the case may be, complies with all the provisions of this article. 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.[1]
[1]
Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).
B. 
Applications.
(1) 
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy there shall be filed with the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
(2) 
Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this article and other relevant Town codes and ordinances.[2]
[2]
Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).
C. 
Examinations and inspections.
(1) 
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 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.
(2) 
There shall be maintained a record of all such examinations and inspections, together with a record of findings of violations of the law.[3]
[3]
Editor's Note: Former § 13-17.1, Certificates of completion of plumbing and heating required, as added 10-13-1976, which immediately followed this subsection, was deleted 6-12-1985.
D. 
Issuance.
(1) 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
(2) 
A certificate of occupancy shall be issued, where appropriate, within 10 days after application therefor is made, by the Building Inspector.
(3) 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
(4) 
A copy of the certificate of occupancy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon request from the owner and by payment by him to the Town of a fee, which fee shall be established annually by the Town Board and shall be on file in the Office of the Town Clerk, the Building Inspector shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conform to the provisions of this article.[4]
[4]
Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).
E. 
Temporary certificates of occupancy. Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare.
(1) 
In the case of construction of single-family residences which are subject to additional standards fixed by the Planning Board, a temporary certificate of occupancy may be issued for a period not exceeding six months in the case of occupancy during alterations or two months pending completion of a building in a case where work to be completed is unrelated to the safety or health of the occupants or the general public.[5]
[5]
Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).
(2) 
Temporary certificates shall contain such appropriate conditions and restrictions as shall be deemed necessary to protect the health, safety and welfare of the occupants of the buildings in question and the general public.[6]
[6]
Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).
(3) 
Temporary certificates shall be issued by the Building Inspector.[7]
[7]
Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).
(4) 
The temporary certificate shall state the reason for its issuance. It shall state, in detail, the conditions required to be met before a final certificate may be issued. The applicant must, before issuance of such certificate, deposit with the Town Clerk an amount in cash, to be fixed by the Town Engineer; said amount is to be 1 1/2 times the estimated cost of completing the unfinished work. The application shall be accompanied by a nonrefundable fee, which fee shall be established by the Town Board and shall be on file in the Office of the Town Clerk.[8]
[8]
Editor's Note: Added at time of adoption of code (see Ch. 1, General Provisions, Art. I).
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 in order to furnish proof of such compliance.
[Amended 4-15-1981]
A. 
All buildings or structures which, for any cause, may now or shall hereafter become dangerous or unsafe to the public, including but not limited to structures which are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard to the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are severally, for the purpose of this section, unsafe buildings. All such unsafe buildings, as well as collapsed structures, are hereby declared to be public nuisances and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures set forth in this section.
B. 
The Building Inspector shall inspect or cause to be inspected every building reported as unsafe, damaged or collapsed and shall make a written report of such inspection to the Town Board.
C. 
Service of notice; contents.
(1) 
Whenever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building or collapsed structure as defined in this section, he shall serve, or cause to be served, written notice on the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the subject property. Such notice shall be served personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk. In the event that the aforesaid notice is served by registered mail, a copy of such shall be posted on the subject premises within 10 days from the date of such service.
(2) 
The notice shall contain:
(a) 
A description of the subject premises.
(b) 
A statement of the particulars in which the building is unsafe or dangerous.
(c) 
An order requiring the building or structure to be made safe and secure or demolished and removed.
(d) 
A statement that the securing or removal of such building or structure shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless for good cause shown such time shall be extended.
(e) 
A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building or structure, which hearing shall be scheduled not less than five business days from the date of service of the notice.
(f) 
A statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building or structure, the Town Board is authorized to provide for its demolition and removal and to assess all expenses thereof against the land on which it is located.
D. 
A copy of such notice shall be filed in the office of the Putnam County Clerk in the same manner and with the same effect as a notice of pendency, except that a notice so filed shall be effective for a period of one year from the date of filing and may be vacated upon order of a judge or justice of a court of record or upon consent by the Town Attorney.
E. 
Any person served with a notice as aforesaid shall commence the securing or removal of the buildings or structures within the time set forth in said notice.
F. 
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided herein.
G. 
In the event of failure or refusal of the person so served to repair or remove such building or structure within the time provided, the Town Board shall cause such building or structure to be removed. Any contract for demolition and removal must comply with state law pertaining to bidding.
H. 
All costs and expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and remove said building or structure, including the cost of actually removing said building or structure, shall be paid out of the general Town fund and shall be taxed and assessed against the land on which said building or structure is located by adding the same to the tax roll as an assessment or by levying a special tax against such land or by recovering the same in a suit at law against the owner.
From and after the effective date of this article, no building shall be erected, constructed, enlarged, altered, removed, improved, demolished, converted or changed as to the nature of use or occupancy in the Town of Carmel except pursuant to and in compliance with this article and the State Uniform Fire Prevention and Building Code of the State of New York.
[1]
Editor's Note: Amended at time of adoption of code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this article, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punishable by a fine of not more than $1,000 or up to one year in jail, or both. Each day that a violation continues shall be deemed a separate offense[1]
[1]
Editor's Note: Amended at time of adoption of code (see Ch. 1, General Provisions, Art. I).
C. 
Except as provided otherwise by law, such 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.
D. 
This section shall not apply to violations of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York or to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.[2]
[2]
Editor's Note: Amended at time of adoption of code (see Ch. 1, General Provisions, Art. I).
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to the penalties prescribed in the preceding section.
[Added 3-7-1979[1]]
The Building Inspector is hereby authorized to issue and serve an appearance ticket with respect to a violation of the New York State Uniform Fire Prevention and Building Code or of this article.
[1]
Editor's Note: Amended at time of adoption of code (see Ch. 1, General Provisions, Art. I).