[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 1-21-1997 by L.L. No. 3-1997. Amendments noted where
applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 9.
Amusement devices — See Ch. 63.
Electrical standards — See Ch. 85.
Excavations — See Ch. 89.
Fire prevention — See Ch. 97.
Plumbing — See Ch. 145.
Satellite dish antennas — See Ch. 165.
Administration and enforcement of Building and Zoning Codes — See Ch. 217.
Unsafe buildings — See Ch. 227.
Zoning — See Ch. 271.
As used in this chapter, the following terms shall have the
meanings indicated:
A code enforcement officer who is authorized to enforce all
provisions or any regulations without prior directives.
A person authorized to enforce provisions or regulations
upon directives given by the Mayor and Board of Trustees.
Any number of manufactured wood products made by bonding
together dimensional lumber, wood strands, fibers, veneer or sheets
with adhesives and intended as a substitute for structural dimensional
lumber. For purposes of this definition, laminated veneer lumber (LVL),
plywood, oriented strand board (OSD), medium-density fiberboard (MOF)
and particleboard are excluded.
An assembly of straight members of wood and/or metal, supported
at two points, designed to transmit vertical loads across a clear
span to its points of support.
[1]
Editor's Note: The Village petitioned the New York State Uniform
Fire Prevention and Building Code Council for acceptance of the standards
set forth in L.L. No. 7-2005 as a higher or more restrictive local
standard. The Council denied the request in the petition at its meeting
of 12-14-2005.
The New York State Uniform Fire Prevention and Building Code
shall be the controlling standard for building construction in the
Village.[1]
[1]
Editor's Note: Minimum standards for administration and enforcement
are contained in 19 NYCRR 1203.
There is hereby designated in the Village of East Hills a public
official to be known as the "Code Enforcement Officer," who shall
be appointed by the Mayor with approval of the Board of Trustees at
a compensation to be fixed by it.
The Building Inspector shall be designated as the Code Enforcement
Officer.
In the absence of the Building Inspector or in the case of his
or her inability to act for any reason, the duties of the Code Enforcement
Officer shall be carried out by the officer so appointed by special
resolution of the Board of Trustees or, in the event that no special
resolution is adopted, the Village Clerk and, in his or her absence,
the Mayor.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by him or her, including
all applications received, plans approved, permits, notices, orders
and certificates issued, fees charged and collected, inspection reports,
all rules and regulations promulgated by him or her and approved by
the Board of Trustees and notices and orders issued. All such records
shall be public records open to public inspection during normal business
hours.
A.
Except as otherwise specifically provided by law, ordinance, rule
or regulation, or except as herein otherwise provided, the Code Enforcement
Officer shall administer and enforce all of the provisions of the
New York State Uniform Fire Prevention and Building Code, the Nassau
County Fire Prevention Code[1] and other laws, ordinances, rules, zoning and regulations applicable to plans, specifications, permits for demolition, construction, addition, alteration, repair or maintenance of buildings and structures, and the installation and use of materials and equipment therein, and the location and use and occupancy thereof and the administration of Chapter 271, Zoning.
B.
The Code Enforcement Officer shall receive applications, approve
plans and specifications and issue permits for the demolition, construction,
addition, alteration, repair or maintenance of buildings and structures
or parts thereof and shall examine the premises for which such applications
have been received or plans approved or for which such permits have
been issued for the purpose of ensuring compliance with such approved
plans and specifications, laws, ordinances, rules and regulations.
C.
The Code Enforcement Officer shall issue, in writing, all appropriate
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards and to ensure compliance, during the entire
course of work, with the approved plans and specifications and the
requirements of applicable laws, ordinances, rules and regulations.
Such notices or orders may be served upon the property owner or his
or her agent personally or by sending, by certified mail, a copy of
such order to the owner and the applicant or their agents at the address
set forth in the application for permission for the demolition, construction,
addition, alteration, repair or maintenance of such building or structure
and by posting the same upon a conspicuous portion of the premises
to which the notice applies.
D.
The Code Enforcement Officer shall make inspections which are necessary
or proper for the carrying out of his or her duties, except that he
or she may accept written reports of inspection from generally recognized
and authoritative services and inspection bureaus or agencies, provided
that the same are certified by a responsible official thereof.
E.
The Code Enforcement Officer shall issue a certificate of occupancy
where appropriate for a building constructed or altered in accordance
with the provisions of this chapter.
The Code Enforcement Officer and any person authorized pursuant to § 223-5, upon the showing of proper credentials and in the discharge of their duties, shall be permitted to enter upon any building, structure or premises without interference during reasonable working hours or at any other time in the event of an emergency situation. (See § 223-10 for applicable fines and penalties.)
No oversight or dereliction of duty on the part of the Code
Enforcement Officer 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 law, ordinances or regulations
or that does not conform with the provisions of an application, plans
or specifications on the basis of which a permit was issued, or that
does not conform to the applicable provisions of the Code of the Village
of East Hills.
In accordance with § 383 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 demolish,
construct, make addition to, alter, repair, maintain, move, equip,
use or occupy any building or structure or portion thereof in violation
of any provision of law or ordinance, as well as any regulation or
rule promulgated by the Code Enforcement Officer in accordance with
applicable laws, or to fail in any manner to comply with a notice,
directive or order of the Code Enforcement Officer or his or her representative,
or to construct, alter, use or 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, firm or corporation who shall fail to comply with a written
order of the Code Enforcement Officer 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 law, or any lawful order, notice, directive, permit or certificate
of the Code Enforcement Officer made thereunder, shall be punishable,
pursuant to the provisions of § 382 of the Executive Law,
by a maximum fine of $1,000 per day of violation or by imprisonment
not exceeding one year, or both, or if a violation of the Code of
the Village of East Hills, shall be punishable by an additional sum
of $5,000 per day of violation.
[Amended 11-22-2004 by L.L. No. 12-2004]
C.
In addition to all other remedies provided by law which may be imposed,
the failure to strictly comply and conform with the terms and conditions
expressly contained in a building permit shall render the violator
subject to a fine of $2,500 per day for each and every day that the
violation remains unabated.
[Added 11-21-2005 by L.L. No. 4-2005]
[Amended 2-10-2021 by L.L. No. 3-2021]
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.
A.
No person
shall demolish, modify, or alter any portion of a structure where
any portion of the overall structure contains structural or architectural
elements predating the Village's incorporation date of June 24, 1931,
without first having obtained a demolition or building permit from
the Chief Building Inspector.
B.
The owner
of any structure or structures, or the person or entity who performs
the demolition, modification, or alteration on any structure, contrary
to the prohibitions contained herein shall be subject to an action
for both injunction and for damages in the amount of the replacement
value, in kind, of the structure or structures as of the date of its
demolition, modification, or alteration.
C.
In addition to any civil action that may be taken to recover damages identified in Subsection B hereof, the violation of this section shall be and hereby is deemed to be a misdemeanor and shall be punishable by a fine in the amount of $10,000 for each violation hereof, or by imprisonment not exceeding one year, or both.
D.
No application
for demolition, construction, subdivision, site plan review, building
permit or other approval from the building division or Board of the
Village shall be processed or entertained in the event that a criminal
prosecution or civil action has been commenced by the Village for
a violation of this section in regard to the real property which is
the subject of the application.
A.
Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the improvement, demolition, removal, placement, construction, addition, alteration, maintenance or repair of any structure or accessory structure or any portion or subsystem thereof (including but not limited to those affecting fire safety or structural features, plumbing, electric, heating/ventilating equipment, elevators, solid-fuel-burning heating apparatus, chimneys or flues, retaining walls, pools or other accessory structures as listed in Chapter 271, Zoning) without first having obtained a building permit from the Code Enforcement Officer.
B.
Repairs of a minor nature, other than those described in this chapter,
shall not require a permit from the Code Enforcement Officer, if:
(1)
On properties other than those zoned residential, repairs shall be
of a minor nature where no more than 50% of any subsystem is to be
replaced to match those existing;
(2)
On residential properties, repairs shall be of a minor nature and
shall be less than $500 in value of goods and services, or any amount
less than the prescribed amount requiring compliance with the State
Lien Law § 71-a, subdivision 4, as may be amended.
C.
Applications for a permit and accompanying documents, plans, specifications,
property surveys, etc., shall be submitted in duplicate and shall
contain sufficient information, including any and all testing and
reports as may be required to permit a determination that the documents
presented and the intended work described in the documents meet with
the requirements of the applicable laws and the Code of the Village
of East Hills.
D.
Any documents or plans (including plot plan or specifications) which
comprise a portion of the application, whether submitted subsequently
or upon requirement by the Code Enforcement Officer, shall be stamped
with a seal of an architect or professional engineer or land surveyor
licensed in this state.
E.
The applicant shall notify the Code Enforcement Officer, in writing,
of any changes in the information contained in the application during
the period for which the permit is applied for and is in effect and
shall submit amended application and documents (including the professionally
stamped and sealed documents) to indicate those changes and to receive
approval from the Code Enforcement Officer prior to the commencement
of such change of work.
F.
The application shall be in the form prescribed by resolution of
the Board of Trustees, and such completed application shall be signed
by such applicant and his or her authorized agent.
The Code Enforcement Officer shall examine or cause to be examined
all applications for permits and the plans, specifications and documents
filed therewith. He or she shall approve or disapprove the application
within 60 days from the date of submission of the application.
A.
Issuance.
(1)
Upon approval of the application and upon receipt of the fees as
set forth from time to time by resolution of the Board of Trustees
in the Fee Schedule,[1] the Code Enforcement Officer shall issue a permit to the
applicant upon the form prescribed and shall affix his or her signature
or cause his or her signature to be affixed thereto.
(2)
Upon approval of the application, both sets of plans, specifications
and other documents shall be endorsed with the word "approved." 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 permit and shall be kept at the
site of the proposed work and shall be open to inspection by the Code
Enforcement Officer or his or her representative at all reasonable
times.
B.
Disapproval.
(1)
If the application, together with the plans, specifications and other
documents filed therewith describing the proposed work, does not conform
to all of the requirements of the Code of the Village of East Hills
and all other applicable regulations, the Code Enforcement Officer
shall disapprove the same and shall return the plans, specifications
and other documents to the applicant. Upon the written request of
the applicant, the Code Enforcement Officer shall transmit the reasons
for such disapproval, in writing.
(2)
In the event that an application for a permit is not approved, the
applicant shall be entitled to a refund of 50% of the fee paid, provided
that no work has commenced.
C.
Emergency issuance.
(1)
Where the applicant can demonstrate a potential for substantial harm
should the permit not be granted sooner than 60 days, the applicant
shall demonstrate the nature of the emergency and the potential harm.
(2)
Where the applicant has demonstrated an emergency, the Code Enforcement
Officer shall approve or deny the application within 14 days from
the date of submission of the application.
(3)
In the event that an emergency application is granted and no work
has been commenced within seven days of issuance, the approval shall
be deemed revoked and the applicant shall forfeit the fee paid.
Permits shall be effective to authorize the commencing and performance
of work within a period of six months after the date of their issuance,
except for demolition permits, which shall be effective for a period
of 15 days. For good cause the Code Enforcement Officer may allow
a maximum of two extensions for periods not exceeding three months
each.
A.
Performance. All work shall conform to the approved application,
plans and specifications and shall be in accordance with the applicable
laws, ordinances, rules and regulations.
B.
Abandonment. A project shall be deemed abandoned if work is not commenced
within the specified effective time of the permit. It shall be unlawful
to work on such project except upon the issuance of a new permit.
C.
Posting of permit. Building permits shall be prominently displayed
on the job site at all times during the progress of the work so as
to be readily seen from adjacent thoroughfares.
A.
No building which is to have a total floor area in excess of 5,000
square feet shall be constructed except under the supervision of a
professional engineer or architect licensed under or registered in
the State of New York.
B.
No permit will be issued for the construction of a building which
is to have a total floor area in excess of 5,000 square feet until
an affidavit is filed with the Building Department certifying that
the construction of such building will be supervised by a professional
engineer or architect licensed or registered in the State of New York.
C.
No certificate of occupancy will be issued for such building unless
and until a final certificate is filed with the Building Department
by the engineer or architect who supervised such construction, certifying
that the building was in fact erected in conformity with the plans
filed with the Building Department.
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 or her agent or duly authorized representative to backfill any open excavation up to the street or ground level. In the case where construction 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. If the Code Enforcement Officer determines such structure to be unsafe, Chapter 227, Buildings, Unsafe, of the Code shall be applicable.
The Code Enforcement Officer shall have authority to revoke
permits theretofore issued in the following instances:
A.
Where he or she finds that there has been any false statement or
misrepresentation as to a material fact in the application, plans
or specifications on which the permit was based.
B.
Where he or she finds that the permit was issued in error and should
not have been issued in accordance with the applicable law.
C.
Where he or she finds that the work performed under the permit is
not in accordance with the provisions of the application or in conformity
with the approved plans and specifications.
D.
Where the person to whom a permit has been issued fails to comply
with a stop order issued by the Code Enforcement Officer.
Whenever the Code Enforcement Officer has reasonable grounds
to believe that work on or in any building or structure is proceeding
in violation of the provisions of the applicable laws, ordinances
or regulations, or not in conformity with the provisions of the application,
plans or specifications on the basis of which a permit was issued,
or in an unsafe and dangerous manner, he or she 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 work may be resumed and may be served upon
the person to whom it is directed either by delivering it personally
to him or her or by posting the same upon a conspicuous portion of
the building under construction and sending a copy of the same by
registered or certified mail.
In all building and construction the following means, methods
and materials must be provided:
A.
Engineered lumber shall only be permitted as horizontal framing members
in attic areas and only when such areas are not utilized as habitable
space.
B.
Trusses shall only be permitted when the individual structural members
comprising the truss are fastened together by positive mechanical
means, such as through-bolting of steel gusset plates (of such thickness
as may be required by loading conditions) or, in the case of structural
steel trusses, by bolting, riveting or welding. In no event shall
lightweight gauge sheet steel formed members be utilized for truss
or roof construction. Plate-type fasteners relying upon punched cleats
or crimping for bonding shall not be permitted. Trusses may only be
utilized when drawings and structural calculations, signed and sealed
by a professional engineer or registered architect, have been submitted
for review and approval prior to issuance of a building permit.
[1]
Editor's Note: The Village petitioned the New York State Uniform
Fire Prevention and Building Code Council for acceptance of the standards
set forth in L.L. No. 7-2005 as a higher or more restrictive local
standard. The Council denied the request in the petition at its meeting
of 12-14-2005.
[Added 12-13-2004 by L.L. No. 15-2004; amended 8-1-2022 by L.L. No. 3-2022]
Whenever any building is demolished or substantially altered:
A.
Execute and file with the Village Clerk a bond approved by the Village
Board of Trustees in an amount to be fixed by the Village Board of
Trustees, but not less than $25,000 for owner-occupied residences
and $50,000 for all others, with a surety company authorized to do
business in the State of New York as a surety and conditioned for
the faithful performance of the terms and conditions contained in
this chapter, the observance of all municipal ordinances and to indemnify
the Village for any damage to the Village roads, trees, property,
facilities and other damages suffered and costs incurred by the Village
of East Hills in connection with the work performed; and
B.
Deposit with the Village Clerk/Treasurer the sum of $15,000, in check
or cash only, to guarantee the repair or replacement, milling, or
resurfacing of Village roads and highways when damaged by the applicant
during demolition or construction for buildings that are substantially
altered.
[Added 5-16-2005 by L.L. No. 6-2005]
A.
Where a building is substantially completed and the applicant can
demonstrate to the satisfaction of the Board of Trustees that an emergency
exists or overwhelming hardship would occur without the issuance of
a temporary certificate of occupancy and that the occupancy of the
building will not endanger life or property, then the Board of Trustees
may direct the Building Inspector to issue a temporary certificate
of occupancy; providing, however, that the applicant has proven or
provided the following:
(1)
Inspection certificates, installation certifications, underwriters'
certificate and approvals deemed required by the Building Inspector;
(2)
Sufficient proof, to the satisfaction of the Board of Trustees, that
the remaining work will be completed in a timely manner;
(3)
A bond or cash payment of $25,000, or an amount determined adequate
by the Board of Trustees, and to be held by the Village to insure
compliance. Permission freely given for the Village to use the bond
or cash payment to complete all work not finished within the time
period provided, to retain any and all general contractors, contractors
or subcontractors to finish the work to the satisfaction of the Village;
(4)
A properly executed harmless agreement from the applicant, in favor
of the Village, that the Village will be held harmless from any and
all liability, cost or expense, including attorney's fees for any
action or work performed or any accident, injury or claim which arises
from or occurs during or subsequently to the time the temporary certificate
of occupancy is in effect;
(5)
Proof that sufficient insurance is in place by the contractors performing
the work;
(6)
Permission granted in writing for the Village, its Building Inspector,
Code Enforcement Officers, employees, independent contractors, general
contractors, contractors, engineers and architects to enter the premises
at any time deemed necessary and without prior notice to inspect,
repair, construct, supervise or perform any other necessary activity;
(7)
A properly executed document holding the Village harmless for any
and all action and work performed to complete the work deemed necessarily
by the Village;
(8)
An application fee of $2,500 shall be paid, together with reasonable
attorney's fees and any other additional costs which are incurred
by the Village, whether through additional time required by its Building
Inspector, Code Enforcement Officer, any other staff member, whether
security or otherwise, and its agents, or independent contractors
which are retained;
(9)
A personal guarantee by all owners of the residence that they will
pay any and all funds which become due and necessary within five days
of demand by the Village which are in addition to the bond or cash
payment which may be set and required by the Village;
(10)
A guaranty that, within five days from demand given by certified
mail, return receipt requested, the applicant will provide any and
all other documents, permissions and authority which the Village,
in its sole discretion, deems necessary; and
(11)
Agreement by the applicant that the issuance of a temporary
certificate of occupancy does not replace, waive or eliminate any
other provision of the Code which is required and does not reduce
or eliminate any other requirement, charge, application, fee or cost
which is otherwise set or imposed in the Code for the issuance of
a certificate of occupancy.
B.
A temporary certificate of occupancy may be issued for a maximum period of two months and then shall be void. Except that the Board of Trustees may allow a maximum of two extensions, each for two months. Before each extension may be granted, the applicant shall comply with all of the provisions in § 223-21A and shall pay to the Village the sum of $2,500 as a fee for each extension granted.
C.
If the applicant fails to complete the work required to gain a certificate
of occupancy within the time allowed in the temporary certificate
of occupancy and any extension(s), a fine of $1,000 per day shall
be assessed and may be taken out of the bond or cash deposit received.
If there are insufficient amounts which remain on deposit, the applicant
shall supplement the balance retained on deposit so that the funds
which are owed will be paid to the Village.
D.
With regard to any work and services performed by the Village and
for which the costs or expenses remain unpaid for 15 or more days,
the funds owed shall be added to the tax bill and become a lien on
the residence where the work or services were provided.
