Town of Huntington, NY Article IV Certificates of Occupancy and of Permitted Use

[Amended 8-7-1979 by Ord. No. 79-CE-11; 1-22-1991 by L.L. No. 1-1991; 3-22-1994 by Ord. No. 94-CE-2; 8-30-1994 by L.L. No. 6-1994; 9-19-1995 by L.L. No. 3-1995; 4-17-1996 by L.L. No. 7-1996; 4-19-2005 by L.L. No. 6-2005; 4-19-2005 by L.L. No. 9-2005]

§ 87-25 Certificate required.

A. It shall be unlawful to maintain, occupy or use a building, structure or land, or any part thereof, for which a certificate of occupancy and/or a certificate of permitted use has not been issued, or if such certificate has been revoked or suspended.

[Amended 5-8-2007 by L.L. No. 14-2007]

B. Mixed-use buildings. Where more than one (1) use is permitted within a building or premises, a certificate of permitted use shall be obtained by each occupant for the use of the premises. An occupant who fails to obtain such certificate shall be in violation of this article.

C. Illegal apartment. It shall be unlawful to cause, allow or permit a residential dwelling unit or an apartment to be constructed, maintained, occupied or used in an attached or detached accessory structure, or building in a residential or non-residential zoning district, without a Certificate of Occupancy, Certificate of Permitted Use, Accessory Apartment Permit or other necessary town approval having been issued.

[Added 10-16-2006 by L.L. No. 31-2006]

D. Collection of rent. No person or business entity shall collect, deposit, receive or transact to receive any monies or other consideration for the use or occupancy of any commercial building as housing, or as a residential dwelling, apartment, or house without a certificate of occupancy, certificate of permitted use or other necessary town approval having been issued.

[Amended 10-16-2006 by L.L. No. 31-2006]

E. Telecommunications facilities. It shall be unlawful to maintain, deploy, or use telecommunications facilities, or any part thereof, for which a certificate of occupancy and/or a certificate of permitted use has not been issued, or if such certificate has been revoked or suspended.

[Added 12-10-2013 by L.L. No. 32-2013]

§ 87-26 Temporary certificate of occupancy.

[Amended 11-9-2011 by L.L. No. 30-2011[1]]

Upon request, the Director of Engineering Services or his designee may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit has been completed, provided such portion or portions as have been completed may be occupied safely without endangering life, property, or the public health or welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three (3) months from the date of issuance. For good cause shown, the Director may approve an extension of no more than one (1) additional period of three (3) months.

[1] Editor's Note: This local law also redesignated former § 87-32 as § 87-26, former §§ 87-26 and 87-27 as §§ 87-27 and 87-28, respectively, and former §§ 87-31 and 87-33 as §§ 87-30 and 87-32, respectively. Section 87-31 has been reserved for future use at the direction of the Town.

§ 87-27 Change of use or occupancy.

It shall be unlawful to change the use or occupancy of any land, premises or building until a certificate of permitted use has been issued, and if such change involves the erection of a building or an alteration or addition to an existing building, a building permit and a certificate of occupancy shall be obtained before any change of use or occupancy may be made.

§ 87-28 Application; requirements.

A. An application for a building permit shall include an application for a certificate of occupancy and/or certificate of permitted use. The certificate shall be issued when the Building Inspector determines that the completed building, telecommunications facility or structure complies with the provisions of all applicable laws and the required on-site improvements have been completed, inspected and found to be satisfactory.

[Amended 11-9-2011 by L.L. No. 30-2011; 12-10-2013 by L.L. No. 32-2013]

B. Forms. Applications shall be made on forms provided by the Department of Engineering Services. An applicant shall provide such information as required by the Department.

§ 87-29 Issuance of certificate; contents.

A. Upon completion, under a permit, of any building or structure, or alteration thereof, the Director shall issue a "certificate of occupancy" for habitable or nonhabitable space, stating that the work has been completed substantially in accordance with the permit approved by the Department and is in compliance with all applicable laws.

B. A certificate of permitted use shall state the purpose for which the building may be used or occupied in its several parts.

C. No certificate of any kind shall be issued until all the information required by the Department of Engineering Services has been submitted and the Director has determined that the proposed construction and/or use complies with all applicable codes, regulations and ordinances.

D. No certificate of any kind shall be issued for any building or structure on land which has received site plan approval or is part of a final subdivision plat requiring fire hydrants to be laid out until such fire hydrants are laid out and located, and all water mains and other facilities appurtenant thereto have been installed, completed and are in good working order.

E. No certificate of any kind shall be issued for any building or structure until all of the conditions, restrictions, grants or determinations of the Huntington Town Board, Zoning Board of Appeals, Planning Board or Director of Planning and Environment have been satisfied.

[Amended 7-13-2021 by L.L. No. 35-2021]

F. No certificate of any kind shall be issued for any building or structure in any zoning district unless the owner has submitted an original signed and notarized affidavit attesting to the Town of Huntington that the premises for which the certificate is requested will not be maintained, operated, occupied or utilized for any purpose other than the purpose for which such certificate is requested; that the premises will not be maintained in violation of the zoning ordinance; and that said representations are being made with full knowledge that the Town of Huntington is relying on same in issuing such certificate. Said affidavit shall be filed with the Department of Engineering Services.

G. All certificates shall be issued in duplicate. One certificate shall be kept by the Department of Engineering Services and the other shall be provided to the property owner or authorized representative.

§ 87-30 Revocation of certificate.

The Director of Engineering Services or his designee may revoke a certificate of occupancy or certificate of permitted use in the following instances:

A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application for a permit or certificate; the plans or specifications and any other information upon which the building permit or certificate was based.

B. Where he finds that the building permit or certificate was issued in error and should not have been issued in accordance with the applicable law.

C. Where he finds that the work has not been performed in accordance with the provisions of the application, plans or specifications; the New York State Building Codes; the zoning code or other regulation of the Town of Huntington.

D. Where he finds that the work has not been performed in accordance with a condition, restriction, grant or determination of the Town Board, Zoning Board of Appeals, Planning Board or Director of Planning and Environment.

[Amended 7-13-2021 by L.L. No. 35-2021]

E. Where he finds that the owner has not complied with a condition, restriction, grant or determination of the Town Board, Zoning Board of Appeals, Planning Board or Director of Planning and Environment which should have been met under the circumstances before the issuance of a permit or certificate.

[Amended 7-13-2021 by L.L. No. 35-2021]

§ 87-31 (Reserved)

§ 87-32 Suspension of certificate.

Every building and structure shall be kept and utilized in such manner as to not jeopardize the health, safety and/or welfare of persons or property. The Director of Engineering Services or his designee may suspend a certificate of occupancy or a certificate of permitted use where, in his judgment or upon the written recommendation of the Director of Public Safety, the land, building or structure is being maintained, or the use thereof is being carried out, in such an unsafe and hazardous manner as to jeopardize the health, safety and/or welfare of persons or property. Such suspension shall remain in place until the hazardous, unsafe or dangerous condition is remedied by the owner or an appeal is taken and the issue decided.

§ 87-33 Notice of Revocation or Suspension of Certificate.

[Added 11-9-2011 by L.L. No. 30-2011]

(A) Prior to the revocation or suspension of a certificate, the Director or his designee shall prepare a report outlining the reason(s) for the proposed revocation or suspension of the certificate. A copy of the report shall be mailed to the property owner at the address shown on the most current assessment roll maintained by the Town Assessor, or to his agent, or person-in-charge of the property, together with a Notice of Hearing which shall contain the following:

(1) A description of the property.

(2) In the case of a proposed suspension, a description of the unsafe, unsanitary or dangerous condition, and the portion(s) of the land, structure, staging or building that must be secured or repaired, or demolished and removed. A statement that the remediation or abatement must commence immediately upon the service of the notice and completed within a specified date. Such period may be extended for good cause shown, as long as it can be demonstrated that remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice was issued. A statement that in the event of the failure or refusal of the person to whom the Notice is issued to bring the property into compliance by the date on the Notice or approved date of extension, an administrative hearing will be held on the issue of suspension of the certificate.

(3) The date, time and place of the scheduled administrative hearing before either the Town Board or an Administrative Hearing Officer to determine whether the certificate should be revoked or suspended.

(B) Amendment, modification or withdrawal. The Director or his designee may amend, modify or withdraw any Notice issued if, in his judgment, the circumstances warrant such action provided the amended or modified Notice is served as provided in (C) herein within five (5) days of service of the original Notice, and a hearing has not occurred.

(C) Service of the Notice. The Notice of Hearing and Report shall be served either personally in accordance with the CPLR; or by registered or certified mail, return receipt requested, and by regular mail; addressed to the property owner at the last address shown on the most current assessment roll of the Town Assessor, or to the owner's agent at the last known address, or person-in-charge of the property.

§ 87-34 Administrative hearing.

[Amended 11-9-2011 by L.L. No. 30-2011]

An administrative hearing may be held before the Huntington Town Board or a duly appointed Administrative Hearing Officer, at the option of the Town. Hearings may be adjourned only upon good cause shown.

(A) Town Board Action. The Town Board may consider the report and accept or reject, in whole or in part, the findings and recommendations of the Director or his designee with or without conditions as it deems advisable. The Town Board shall render its findings and determination no later than the next regularly scheduled Town Board meeting following the public hearing and may make a determination on the same day as the hearing. A copy of the Town Board resolution shall be mailed by the Town Attorney to the person(s) named in the original Notice by regular mail and by registered or certified mail, return receipt requested. The decision of the Town Board shall be filed with the Huntington Town Clerk and shall be final.

(B) Administrative Hearing Officer. The Hearing Officer may consider the evidence and shall submit his or her findings and recommendations to the Director for ultimate determination. A copy of the Hearing Officer's report shall be filed with the Town Clerk and served in the same manner as the Notice of Hearing. Such mailing shall include a statement that the recipient has five (5) days from receipt of the report to submit to the Director his written objections to the Hearing Officer's findings and recommendations. The Director shall consider the written objections and the Hearing Officer's report, and may adopt or reject, in whole or in part any portion thereof as he or she deems advisable or necessary under the circumstances. The Director's determination shall be final, and shall be filed in the Office of the Huntington Town Clerk and mailed to the person(s) to whom the original Notice was served by regular mail and by registered or certified mail, return receipt requested.

(C) Conduct of hearings. At the administrative hearing the person to whom a Notice has been issued shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He may present the testimony of witnesses, experts and other evidence in his own behalf as he deems necessary and relevant to the subject matter of the hearing. All hearings shall be recorded.

§ 87-35 Action upon non-appearance or non-compliance.

[Added 11-9-2011 by L.L. No. 30-2011]

Upon the failure, neglect or refusal of the owner, his agent, or person-in-charge of the property to appear at the administrative hearing; or to abate the hazardous condition; or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the Notice was properly addressed, at the election of the Director the certificate may be revoked or suspended for the reasons set forth in the Director's original report. The Director's determination shall be final, and shall be filed in the Office of the Huntington Town Clerk and mailed to the person(s) to whom the original Notice was served by regular mail and by registered or certified mail, return receipt requested.