[Amended 4-19-2017 by L.L. No. 3-2017]
This article, part of Chapter 162, provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), the State Energy Conservation Construction Code (the Energy Code) and the Village of Ossining Code, where applicable. This article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this article.
The following additional definitions are applicable herein:
A permit issued pursuant to § 162-28 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 162-32B of this chapter.
Includes the Code Enforcement Officers, the Director of Code
Enforcement, the Building Inspector, Assistant Building Inspector
and their designees.
[Amended 9-17-2018 by L.L. No. 5-2018]
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A permit issued pursuant to § 162-35 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
An order issued by Code Enforcement personnel pursuant to § 162-40A of this chapter.
The person to whom a building permit has been issued.
Includes an individual, corporation, limited-liability company,
partnership, limited partnership, business trust, estate, trust, association,
or any other legal or commercial entity of any kind or description.
An order issued pursuant to § 162-30 of this chapter.
A certificate issued pursuant to § 162-32D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The Village of Ossining.
A.
Code Enforcement personnel shall administer and enforce all the provisions
of the Uniform Code, the Energy Code, and where applicable the Code
of the Village of Ossining. Code Enforcement personnel, where indicated,
shall have the following powers and duties:
(1)
The Director of Code Enforcement, the Building Inspector and Assistant
Building Inspector shall receive, review and approve or disapprove
applications for building permits, certificates of occupancy, temporary
or partial certificates of occupancy and operating permits, and the
plans, specifications and construction documents submitted with such
applications;
[Amended 9-17-2018 by L.L. No. 5-2018]
(2)
Upon approval of such applications, the Director of Code Enforcement,
the Building Inspector and Assistant Building Inspector shall issue
building permits, certificates of occupancy, temporary or partial
certificates and operating permits, and include in building permits,
certificates of occupancy, temporary or partial certificates of occupancy
and operating permits such terms and conditions as the Building Inspector
or Assistant Building Inspector may determine to be appropriate;
[Amended 9-17-2018 by L.L. No. 5-2018]
(3)
The Director of Code Enforcement, the Building Inspector and Assistant
Building Inspector shall conduct construction inspections, inspections
to be made prior to the issuance of certificates of occupancy, temporary
or partial certificates. Code Enforcement personnel (Director of Code
Enforcement, Building Inspector, Assistant Building Inspector, Code
Enforcement Officer and their designees) shall conduct inspections
for operating permits, fire safety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all
other inspections required or permitted under this chapter or elsewhere
in this Code;
[Amended 9-17-2018 by L.L. No. 5-2018]
(4)
The Director of Code Enforcement, the Building Inspector, Assistant
Building Inspector and their designees shall issue stop-work orders,
where appropriate;
[Amended 9-17-2018 by L.L. No. 5-2018]
(5)
Code Enforcement personnel shall review and investigate complaints;
(7)
Code Enforcement personnel shall maintain records through the Village's
Building Department;
(9)
Code Enforcement personnel shall pursue administrative enforcement
actions and proceedings;
(10)
Code Enforcement personnel shall consult with the Corporation
Counsel to pursue such legal actions and proceedings as may be necessary
to enforce the Uniform Code, the Energy Code and this chapter, or
to abate or correct conditions not in compliance with the Uniform
Code, the Energy Code or this chapter; and
(11)
Exercise all other powers and fulfill all other duties conferred
upon Code Enforcement personnel by this chapter as well as other chapters
of the Code of the Village of Ossining.
B.
Code Enforcement personnel shall be appointed by the Village Manager.
Code Enforcement personnel shall possess background experience related
to building construction or fire prevention and shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require, and the Code Enforcement personnel shall obtain
certification from the State Fire Administrator pursuant to the Executive
Law and the regulations promulgated thereunder.
C.
As detailed in § 162-26, the term "Code Enforcement personnel" shall include the Village's Director of Code Enforcement, Building Inspector, Assistant Building Inspector, Code Enforcement Officer and their designees. All individuals so appointed as Code Enforcement personnel in the Village of Ossining must possess and maintain the training as required by the State of New York for their respective job responsibilities.
[Amended 9-17-2018 by L.L. No. 5-2018]
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Village of Ossining Building Department.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 144
square feet (13.88 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses), where such
pools are designed for a water depth of less than 24 inches and are
installed entirely aboveground;
(4)
Installation of fences which are not part of an enclosure surrounding
a swimming pool;
(5)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(6)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses),
when the awning measures less than four feet by four feet and the
proposed awning is not supported by posts;
(7)
Installation of partitions or movable cases less than five feet nine
inches in height; and
(8)
Painting, wallpapering, tiling, carpeting, or other similar finish
work.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Village of Ossining Building Department. The application shall
be signed by the owner of the property where the work is to be performed
or an authorized agent of the owner. The application shall include
such information as the Village of Ossining Building Department deems
sufficient to permit a determination by the Building Inspector or
Assistant Building Inspector that the intended work complies with
all applicable requirements of the Uniform Code and the Energy Code.
(1)
The application shall include or be accompanied by the following
information and documentation:
(a)
A description of the proposed work;
(b)
The Tax Map number and the street address of the premises where
the work is to be performed;
(c)
The occupancy classification of any affected building or structure;
(d)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code;
(e)
At least three sets of construction documents (drawings and/or
specifications) which define the scope of the proposed work; are prepared
by a New York State registered architect or licensed professional
engineer where so required by the Education Law; indicate with sufficient
clarity and detail the nature and extent of the work proposed; substantiate
that the proposed work will comply with the Uniform Code and the Energy
Code; and where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines;
(f)
Proof that taxes, water and sewer bills, fines payable to the
Justice Court and all other fees or fines due and payable to the Village
for the property subject to the application are paid in full; and
(g)
Other documentation, reports, plans, and/or specifications as
required by the Building Inspector or Assistant Building Inspector.
(2)
Except where an application is submitted for the purpose of curing
existing violations or will result in the curing of existing violations,
no application for a building permit shall be accepted, processed
or considered where there is an existing violation of any provision
of the Uniform Code, Energy Code or Village Code.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(1)(e) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector, Assistant Building Inspector or their designee in writing or by stamp. Two sets of the accepted construction documents shall be retained by the Village of Ossining Building Department, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Inspector, Assistant Building Inspector or their designee. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code, Energy Code
and the Village of Ossining Code, where applicable. The Building Inspector
or Assistant Building Inspector shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code, Energy Code and Village of Ossining Code, where
applicable.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed and a certificate of occupancy issued.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Village of Ossining Building Department
of any change occurring during the course of the work. The building
permit shall contain such a directive. If the Building Inspector or
Assistant Building Inspector determines that such change warrants
a new or amended building permit, such change shall not be made until
and unless a new or amended building permit reflecting such change
is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon written application by the
permit holder, provided that:
(1)
The permit has not been revoked or suspended at the time the application
for renewal is made;
(2)
The applicable fee has been paid;
(3)
All relevant information in the application has been provided and
is current; and
(4)
The application is approved by the Building Inspector, Assistant
Building Inspector or their designee.
J.
Revocation or suspension of building permits. If the Building Inspector
or Assistant Building Inspector determine that a building permit was
issued in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code, the Energy Code or the Village of Ossining Code, where
applicable, the Building Inspector, Assistant Building Inspector or
their designee shall revoke the building permit or suspend the building
permit until such time as the permit holder demonstrates that all
work then completed is in compliance with all applicable provisions
of the Uniform Code, the Energy Code and the Village of Ossining Code,
where applicable, and all work then proposed to be performed shall
be in compliance with all applicable provisions of the Uniform Code,
the Energy Code and the Village of Ossining Code, where applicable.
L.
Code Enforcement personnel, upon showing of proper credentials and
in the discharge of his or her duties pursuant to this chapter, may
enter any building, structure, or premises at any reasonable hour
for the purposes of enforcing this chapter, and no person shall interfere
with or prevent such entry. If any owner or other person in charge
of a building or structure refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to every part of
the building or structure by Code Enforcement personnel where inspection
is authorized, the Village may seek in a court of competent jurisdiction
either an order that such owner or other person in charge cease and
desist with such interference and allow the inspection to proceed
or to obtain a warrant as provided by law.
M.
Utilization of third-party design professional.
[Added 9-1-2021 by L.L.
No. 10-2021]
(1)
The Building Inspector or designee may refer any building permit
application, including all construction and other accompanying documents,
to a third-party New York State licensed registered architect or professional
engineer ("third-party design professional") for review, in whole
or in part, for compliance with the Uniform Code, Energy Code and
any other applicable law, rule or regulation. The third-party design
professional selected by the Building Inspector or designee for review
of a building permit application shall not be the applicant, property
owner or design professional associated with the application. In determining
whether to approve a building permit application, the Building Inspector
or designee may rely, in whole or in part, on the third-party design
professional's review and recommendations. The ultimate decision
to approve a building permit application shall be made solely by the
Building Inspector or designee.
(2)
Absent unusual circumstances, which shall be documented in writing
by the Building Inspector or designee and provided to the applicant,
no building permit application for proposed single-family or two-family
detached structures, including additions, alterations or structures
accessory thereto, shall be referred to a third-party design professional.
All other building permit applications for proposed principal uses,
including the construction of single-family or two-family detached
residential units that are part of a proposed subdivision, may be
referred to a third-party design professional by the Building Inspector
or designee as provided herein.
(3)
Should the Building Inspector or designee determine that review of
the building permit application by the third-party design professional
is appropriate, the Building Inspector or designee shall so notify
the applicant, in writing, along with the cost for the review. The
cost for the review shall be paid by the applicant to the Village
of Ossining for transmittal to the third-party design professional.
Where it has been determined that a review by a third-party design
professional is warranted, a building permit application will not
be further processed until payment for the cost of the review is received.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or Assistant Building Inspector. The permit holder shall notify the Building Inspector or Assistant Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed or the permit holder shall
be notified as to where the work fails to comply with the Uniform
Code, the Energy Code or the Village of Ossining Code, where applicable.
Work not in compliance with any applicable provision of the Uniform
Code, the Energy Code or the Village of Ossining Code, where applicable,
shall remain exposed until such work shall have been brought into
compliance with all applicable provisions of the Uniform Code, the
Energy Code and the Village of Ossining Code, where applicable, reinspected,
and found satisfactory as completed.
A.
Authority to issue. The Director of Code Enforcement, the Building
Inspector, Assistant Building Inspector or their designee are authorized
to issue stop-work orders pursuant to this section. Stop-work orders
shall be issued to halt:
[Amended 9-17-2018 by L.L. No. 5-2018]
(1)
Any work that is determined by the Director of Code Enforcement,
Building Inspector, Assistant Building Inspector or their designee
to be contrary to any applicable provision of the Uniform Code, the
Energy Code or the Village of Ossining Code, where applicable, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of Code Enforcement personnel, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall:
C.
Service of stop-work orders. Code Enforcement personnel shall cause the stop-work order to be served in accordance with the provisions of § 162-31, Service of orders.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 168-40, Enforcement, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Service of notices and orders issued by Code Enforcement personnel
or their designees under this chapter may be made:
(1)
By delivery of a copy thereof personally to the owner, permit holder,
lessee or occupant of the building, premises or property affected
thereby; or
(2)
By delivery of a copy thereof personally to any person of suitable
age and discretion in charge of or apparently in charge of such building,
premises or property, or any building work being performed thereon
and mailing a copy thereof to the owner of such building, premises
or property at his, her, its last known address, in which case the
service shall be deemed to have been effected on the date of mailing;
or
(3)
By mailing a copy thereof by registered or certified mail to the
last known address of the owner, permit holder, lessee or occupant
of the building, premises affected thereby and by posting a copy thereof
in a conspicuous place upon such building, premises or property, in
which case the service shall be deemed to have been effected on the
date of mailing; or
(4)
Such other method of service authorized by the Civil Practice Law
and Rules of the State of New York.
B.
Code Enforcement personnel shall be permitted, but not be required,
to cause a copy of the notice or order to be served upon any builder,
architect, tenant, contractor, subcontractor, construction superintendent,
or their agents or any other person taking part or assisting in work
affected by the notice or order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
subsection shall not affect the efficacy of such notice or order.
A.
Certificate of occupancy required. A certificate of occupancy shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy. No building or structure in the Village which is subject to the Uniform Code, the Energy Code or the Village Code, where applicable, shall be used or occupied until a certificate of occupancy has been issued by Code Enforcement personnel, except as provided in Subsection D of this section.
B.
Issuance of certificates of occupancy. The Building Inspector or
Assistant Building Inspector shall issue a certificate of occupancy
if the work which was the subject of the building permit was completed
in accordance with all applicable provisions of the Uniform Code,
the Energy Code and the Village Code, and that the structure, building
or portion thereof that was converted from one use or occupancy classification
or subclassification to another complies with applicable provisions
of the Uniform Code, the Energy Code and the Village Code. The Building
Inspector or Assistant Building Inspector shall inspect the building,
structure or work prior to the issuance of a certificate of occupancy.
In addition, where applicable, the following documents, prepared in
accordance with the provisions of the Uniform Code by such person
or persons as may be designated by or otherwise acceptable to the
Building Inspector or Assistant Building Inspector, at the expense
of the applicant for the certificate of occupancy, shall be provided
to the Village of Ossining Building Department prior to the issuance
of the certificate of occupancy:
C.
Except where the issuance of a certificate of occupancy will result
in the curing of existing violations, no certificate of occupancy
shall be issued where there is an existing violation of any provision
of the Village Code.
D.
No certificate of occupancy shall be issued without proof that the
taxes, water and sewer bills, fines payable to the Town Justice Court
and all other fees or fines due and payable to the Village for the
property subject to the application are paid in full.
E.
Contents of certificates of occupancy. A certificate of occupancy
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and tax map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Building Inspector or Assistant Building
Inspector issuing the certificate of occupancy and the date of issuance.
F.
Temporary or partial certificate. The Village Building Inspector
or Assistant Building Inspector shall be permitted to issue a temporary
or partial certificate allowing the temporary or partial occupancy
of a building or structure, or a portion thereof, prior to completion
of the work which is the subject of a building permit. However, in
no event shall the Building Inspector or Assistant Building Inspector
issue a temporary or partial certificate unless the Building Inspector
or Assistant Building Inspector determine that the building or structure,
or the portion thereof covered by the temporary or partial certificate,
may be occupied safely, that any fire- and smoke-detecting or fire
protection equipment which has been installed is operational, and
that all required means of egress from the building or structure have
been provided. The Building Inspector or Assistant Building Inspector
may include in a temporary or partial certificate such terms and conditions
as he or she deems necessary or appropriate to ensure safety or to
further the purposes and intent of the Uniform Code. A temporary or
partial certificate shall be effective for periods of time, not to
exceed 90 days, but not more than one year in the aggregate, which
shall be determined by the Building Inspector or Assistant Building
Inspector and specified in the temporary or partial certificate. During
the specified period of effectiveness of the temporary certificate,
the permit holder shall undertake to bring the building or structure
into full compliance with all applicable provisions of the Uniform
Code, the Energy Code and the Village Code, where applicable. Additionally,
the Building Inspector or Assistant Building Inspector shall require
a cash deposit, in an amount to be determined by the Building Inspector
or Assistant Building Inspector or the Village Engineer to ensure
and guarantee the completion of the improvements.
G.
Revocation or suspension of certificates. If the Building Inspector or Assistant Building Inspector determines that a certificate of occupancy or a temporary or partial certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector or Assistant Building Inspector within such period of time as shall be specified by the Building Inspector or Assistant Building Inspector, the certificate of occupancy or temporary or partial certificate shall be revoked or suspended. A certificate of occupancy or temporary or partial certificate may be revoked or suspended for a violation of this chapter pursuant to § 162-40, Enforcement.
The Fire Chief of the Fire Department of the Village of Ossining
or an Assistant or Deputy Fire Chief shall promptly notify Code Enforcement
personnel of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe buildings, structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Local Law Number 2-2017 (Chapter 91), as now in effect or as hereafter amended from time to time.
A.
Operating permits required. Operating permits shall be required for
conducting the activities or using the categories of buildings listed
below:
(1)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 5003.1.1(1), 5003.1.1(2), 5003.1.1(3),
5003.1.1(4) in the publication entitled "Fire Code of New York State"
and incorporated by reference in 19 NYCRR 1225.1;
(2)
Hazardous processes and activities, including, but not limited to,
commercial and industrial operations which produce combustible dust
as a by-product, fruit and crop ripening, and waste handling;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly with an
occupant load of 100 persons or more; and
(5)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of this Village.
B.
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
C.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by the Village of Ossining
Building Department. The application shall include such information
as Code Enforcement personnel deem sufficient to permit a determination
by Code Enforcement personnel that quantities, materials, and activities
conform to the requirements of the Uniform Code. If Code Enforcement
personnel determine that tests or reports are necessary to verify
conformance, such tests or reports shall be performed or provided
by such person or persons as may be designated by or otherwise acceptable
to Code Enforcement personnel, at the expense of the applicant.
D.
Inspections. Code Enforcement personnel or an inspector authorized
by Code Enforcement personnel shall inspect the subject premises prior
to the issuance of an operating permit.
E.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, Code Enforcement personnel may require a separate operating permit for each such activity, or Code Enforcement personnel may issue a single operating permit to apply to all such activities.
F.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed three years in any other case, as shall be determined by Code
Enforcement personnel to be consistent with local conditions. The
effective period of each operating permit shall be specified in the
operating permit. An operating permit may be reissued or renewed upon
application to the Village of Ossining Building Department, payment
of the applicable fee, and approval of such application by Code Enforcement
personnel.
G.
Revocation or suspension of operating permits. If Code Enforcement
personnel determine that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
H.
Fee. The fee specified in the Village of Ossining fee schedule[1] must be paid at the time of submission of an application
for an operating permit, for an amended operating permit, or for reissue
or renewal of an operating permit.
[1]
Editor's Note: The Schedule of Fees is on file in the Village
offices.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by Code Enforcement
personnel or an inspector designated by Code Enforcement personnel
at the following intervals:
(1)
Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Fire safety and property maintenance inspections of buildings or
structures being occupied as dormitories shall be performed at least
once every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, also may be performed by Code Enforcement personnel or an inspector designated by Code Enforcement personnel at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by Code Enforcement personnel of a written statement alleging
that conditions exist of noncompliance with the Uniform Code, Energy
Code or Village Code, where applicable; or
(3)
Receipt by Code Enforcement personnel of any other information, reasonably
believed by Code Enforcement personnel to be reliable, giving rise
to a reasonable cause to believe that conditions exist of activities
failing to comply with the Uniform Code, Energy Code or Village Code,
where applicable: provided, however, that nothing in this subsection
shall be construed as permitting an inspection under any circumstances
under which a court order or warrant permitting such inspection is
required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control (OFPC) and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Code Enforcement personnel, where applicable, shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, and this chapter. The process for responding to a complaint
shall include such of the following steps as Code Enforcement personnel
may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 162-40, Enforcement, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The Village of Ossining Building Department shall keep permanent
official records of all transactions and activities conducted by Code
Enforcement personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, temporary or partial
certificates, stop-work orders, and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours except that records pertaining to critical
infrastructure as defined by Public Officers Law § 86(5)
shall not be public records. All plans and records pertaining to buildings
or structures, or appurtenances thereto, shall be retained for at
least the minimum time period so required by state law and regulation.
A.
The Village of Ossining Building Department shall annually submit to the Board of Trustees a written report and summary of all business conducted by Code Enforcement personnel, including a report and summary of all transactions and activities described in § 162-38, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Village of Ossining Building Department shall annually submit
to the Secretary of State, on behalf of the Village, on a form prescribed
by the Secretary of State, a report of the activities of the Village
relative to administration and enforcement of the Uniform Code.
C.
The Village of Ossining Building Department shall, upon request of
the New York State Department of State, provide to the New York State
Department of State, from the records and related materials this Village
is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Village
in connection with administration and enforcement of the Uniform Code.
A.
Orders to remedy.
(1)
Code Enforcement personnel are authorized to order, in writing, the
remedying of any condition or activity found to exist in, on or about
any building, structure, or premises in violation of the Uniform Code,
the Energy Code, and/or the Village Code, where applicable. An order
to remedy shall be in writing; shall be dated and signed by Code Enforcement
personnel; shall specify the condition or activity that violates the
Uniform Code, the Energy Code, and/or the Village of Ossining Code;
shall specify the provisions or provisions of the Uniform Code, the
Energy Code, and/or the Village of Ossining Code which is/are violated
by the specified condition or activity; and shall include a statement
substantially similar to the following:
|
"The person or entity served with this order to remedy must
completely remedy each violation described in this order to remedy
by [specify date], which is 30 days after the date of this order to
remedy."
|
(2)
Code Enforcement personnel may include in the order to remedy provisions ordering the person or entity served with such order to remedy to begin to remedy the violations described in the order to remedy immediately, or within some other specified period of time which may be less than 30 days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within 30 days of the date of such order to remedy; and/or to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which Code Enforcement personnel may deem appropriate, during the period while such violations are being remedied. Code Enforcement personnel shall cause the order to remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five days after the date of the order to remedy. If the order to remedy is served personally by any authorized means that requires more than one action by the person effecting service [such as service by "delivery and mail" similar to that authorized by Civil Practice Law and Rules § 308(2)], the order to remedy shall be deemed to be served on the date on which the last required action is taken. Where the order to remedy is served by registered or certified mail, it shall be deemed served on the date the order is mailed. Service of the order to remedy also may be effected using the manner of service detailed in § 162-31. Code Enforcement personnel shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five days after the date of the order to remedy; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the order.
B.
Other means of enforcing the Uniform Code. Nothing in this section
shall be construed as requiring Code Enforcement personnel to issue
an order to remedy in a given situation where violations of the Uniform
Code, Energy Code and/or Village Code, where applicable, are found
to exist if, in the judgment of Code Enforcement personnel, such violations
can be addressed adequately by the use of other enforcement tools
or by other means. Nothing in this section shall be construed as limiting
the authority the Village to employ any other means of enforcing the
Uniform Code and/or Energy Code and/or Village Code, where applicable,
including, but not limited to:
(1)
Issuing notices of violation;
(2)
Issuing appearance tickets;
(3)
Commencing and prosecuting an appropriate action or proceeding pursuant
to that part of Subdivision 2 of § 382 of the Executive
Law that provides that any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the "construction" (as defined
in Subdivision 4 of § 372 of the Executive Law) of any building
who shall knowingly violate any of the applicable provisions of the
Uniform Code or any lawful order of a city, village, town, county,
state agency or the Secretary of State made thereunder regarding standards
for construction, maintenance, or fire protection equipment and systems,
shall be subject to a fine of not more than $1,000 per day of violation,
or imprisonment not exceeding one year, or both;
(4)
Commencing and prosecuting an appropriate action or proceeding pursuant
to Subdivision 3 of § 382 of the Executive Law which seeks,
in a case where the construction or use of a building is in violation
of any provision of the Uniform Code or any lawful order obtained
thereunder, an order from a Justice of the Supreme Court directing
the removal of the building or an abatement of the condition in violation
of such provisions;
(5)
Issuing stop-work orders;
(6)
Revoking or suspending building permits, operating permits and/or
certificates of occupancy pursuant to the procedures established in
the code enforcement program of the authority having jurisdiction
or pursuant to any other applicable statute, regulation, rule, local
law or ordinance;
(7)
Commencing and prosecuting an appropriate action or proceeding to
impose such criminal and/or civil sanctions as may be provided in
any applicable statute, regulation, rule, local law or ordinance;
(8)
Condemning and/or placarding a building in accordance with the applicable
provisions of the Uniform Code;
(9)
Taking any action authorized by the procedures for identifying and
addressing unsafe structures and equipment as established in the Village's
code enforcement program or by any other applicable statute, regulation,
rule, local law or ordinance;
(10)
Issuing orders to remedy violations of the Energy Code pursuant
to Subdivision 1 of § 11-108 of the Energy Law; or
(11)
Issuing orders to remedy violations of the Village of Ossining
Code.
C.
Civil penalties. In addition to those penalties prescribed by State
law, any person who violates any provision of the Uniform Code, the
Energy Code or the Village Code, or any term or condition of any building
permit, certificate of occupancy, temporary or partial certificate,
stop-work order, operating permit or other notice or order issued
by Code Enforcement personnel pursuant to any provision of this chapter
shall be liable to a civil penalty of not more than $200 for each
day or part thereof during which such violation continues. The civil
penalties provided by this Subsection shall be recoverable in an action
instituted in the name of the Village.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
temporary or partial certificate, stop-work order, operating permit,
order to remedy, or other notice or order issued by Code Enforcement
personnel pursuant to any provision of this chapter. In particular,
but not by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, the Village Code, or any stop-work order, order to
remedy or other order obtained under the Uniform Code, the Energy
Code or the Village Code, an action or proceeding may be commenced
in the name of the Village, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subsection shall be commenced without the appropriate authorization
from the Board of Trustees.
E.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or remedy available to address any violation
described in this section, and each remedy or penalty specified in
this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
section, in any other section of the Village Code, or in any other
applicable law. Any remedy or penalty specified in this section may
be pursued at any time, whether prior to, simultaneously with, or
after the pursuit of any other remedy or penalty specified in this
section. In particular, but not by way of limitation, each remedy
and penalty specified in this section shall be in addition to, and
not in substitution for or limitation of, the penalties specified
in Subdivision 2 of § 382 of the Executive Law, and any
remedy or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit
of any penalty specified in Subdivision 2 of § 382 of the
Executive Law.
A fee schedule[1] shall be established by resolution of the Board of Trustees.
Such fee schedule may thereafter be amended from time to time by resolution.
The fees set forth in, or determined in accordance with, such fee
schedule or amended fee schedule shall be charged and collected for
the submission of applications, the issuance of building permits,
amended building permits, renewed building permits, certificates of
occupancy, temporary or partial certificates, operating permits, fire
safety and property maintenance inspections, and other actions of
Code Enforcement personnel described in or contemplated by this chapter.
[1]
Editor's Note: The Schedule of Fees is on file in the Village
offices.
Except as may otherwise be provided by statute or local law
or ordinance, no officer, agent or employee of the Village charged
with the enforcement of this chapter shall be personally liable for
any damage that may accrue to persons or property as a result of any
act required or permitted in the discharge of his or her duties under
this chapter. Any suit brought against any officer, agent or employee
of the Village, as a result of any act required or permitted in the
discharge of his or her duties under this chapter, shall be defended
by the legal representative of the Village until the final determination
of the proceedings therein.
[Amended 12-20-2017 by L.L. No. 9-2017]
A.
The Village of Ossining Code Board of Appeals (Code Board of Appeals)
is hereby established. The Code Board of Appeals will have five members,
appointed by the Village Manager, each member to serve without compensation
for a term of two years. At least one member shall have experience
in the construction trades or property maintenance. Members must be
residents of the Village of Ossining. Vacancies during a term shall
be filled for the remainder of such term only. A member may be reappointed
to the Code Board of Appeals at the end of his/her term. Members whose
terms have expired shall continue to serve as members of the Code
Board of Appeals until the member is reappointed, resigns or a new
member is appointed in place of the departing member. A member may
be appointed to a maximum of four consecutive terms (eight years).
If the member has served for four consecutive terms, that member must
be off the Code Board of Appeals for one year before applying for
appointment to the Code Board of Appeals. The Code Board of Appeals
members shall designate the Chairperson. Two alternate members will
be appointed in the event one or more of the sitting members is unable
to hear a particular matter. The Village of Ossining Building Inspector
or Assistant Building Inspector shall be an ex officio member, but
shall have no vote on any matter before the Code Board of Appeals.
The Corporation Counsel or a Deputy Corporation Counsel shall serve
as an advisor to the Code Board of Appeals and shall not be considered
a member.
B.
All appointed members of the Code Board of Appeals shall be required
to attend a minimum of 75% of the meetings of the Code Board of Appeals
scheduled within a calendar year.
C.
Noncompliance with minimum requirements relating to attendance at
meetings shall be deemed a proper cause for removal from office by
the Board of Trustees.
D.
The Chairperson of the Code Board of Appeals shall notify the Village
Manager in writing on or about December 1 in any year, or at any other
time if so warranted, of any member who fails to comply with the minimum
requirement for meeting attendance in any calendar year.
E.
Notwithstanding the foregoing attendance requirement, the failure
of a member of the Code Board of Appeals to attend the required percentage
of meetings shall not affect that member's ability to hear, participate
and vote on applications before the Board. No decision of the Code
Board of Appeals shall be voided or declared invalid as a result of
a member's failure to comply with the annual attendance and/or training
requirements.
F.
The Code Board of Appeals shall adopt rules of procedure for the
conduct of its business, provided such rules and any amendments thereto
shall be a part of its written record and not conflict with the provisions
of this chapter. Such rules of procedure shall be submitted to the
Village's Board of Trustees for review. Failure of the Board of Trustees
to approve, reject or modify such rules of procedure within 30 days
after submission shall be deemed to constitute approval thereof.
A.
Any person, owner, corporation, etc. ("appellant"), who is aggrieved with the decision and/order of Code Enforcement personnel relative to the interpretation or enforcement of any provisions of this chapter and the provisions of Chapter 95 may appeal the decision and/or order to the Village of Ossining Code Board of Appeals.
B.
Within 10 days after service of an order to remedy, stop-work order, notice of violation, order to repair/vacate and/or demolish pursuant to Chapter 95, the appellant may appeal to the Village of Ossining Code Board of Appeals for relief from said order or notice by filing a notice of appeal, the order and/or decision appealed from and any papers in support of the appeal. Such appeal shall be in writing and filed with the Village of Ossining Building Department. Within five days of receipt of the appeal from the appellant, the Village of Ossining Building Department shall transmit to the members of the Code Board of Appeals all papers constituting the appeal. No appeal will be accepted for filing after expiration of said ten-day period. All appeals shall be decided no more than 14 days after the appeal is transmitted to the Code Board of Appeals unless extenuating circumstances exist.
C.
Hearings before the Code Board of Appeals shall be open to the public.
The appellant, appellant's representative, Code Enforcement personnel
and other persons whose interests are affected shall be given an opportunity
to be heard by the Code Board of Appeals. A quorum consists of a majority
of the total voting membership.
D.
All decisions of the Code Board of Appeals to reject, modify or affirm
the decision and/or order appealed from shall be in writing, and a
copy of the decision shall be sent to the applicant and the Village
of Ossining Building Department. A copy of the Code Board of Appeals'
decision, with all records relevant to the appeal, shall be filed
so as to be available for public inspection. If the decision of the
Code Board of Appeals either affirms or modifies the decision and/or
order and further directs that work be done on the building, structure
or premises, the decision of the Code Board of Appeals also will include
a date by which the work shall be completed.
E.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless Code Enforcement personnel charged with the enforcement of this chapter and Chapter 95 certify to the Code Board of Appeals, after the appeal has been filed with the Village of Ossining Building Department, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Code Board of Appeals or by a court of record on application, on notice to Code Enforcement personnel from whom the appeal is taken and on due cause shown.
Any person who shall violate or assist in the violation of any
of the provisions of this chapter or who shall violate or fail to
comply with any order made thereunder shall upon conviction be punished
as provided in § 382, Subdivision 2, of the Executive Law
for each offense. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all such
persons shall be required to correct or remedy such violation or defects
within the time set forth, and each day that such violation continues
shall constitute a separate offense. The term "person," as used in
this section, shall include the owner, occupant, mortgagee, vendee
in possession, assignee of rents receiver, executor, trustee, lessee,
agent or any other person, firm or corporation directly or indirectly
in control of a building or part thereof.
The Board of Trustees of the Village of Ossining may, by resolution,
authorize the Village Manager to enter into an agreement with other
governments to carry out the terms of this chapter, provided that
such agreement does not violate any provision of the Uniform Code,
the Energy Code, Part 1203 of Title 19 of NYCRR, or any other applicable
law.
