This chapter shall be known as the "Village of Briarcliff Manor Building Construction and Fire Prevention Administration and Enforcement Law."
It is the intent of this chapter to provide for the administration and enforcement of the provisions of the New York State Uniform Fire Prevention and Building Code and the Energy Conservation Construction Code of the State of New York, and all laws, codes, ordinances, regulations and orders applicable to:
A. 
The location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Village.
B. 
Fire prevention and firesafety regulations consistent with generally accepted standards and state recognized good practices for the safeguarding of life and property from the hazards of fire and explosion arising from hazardous conditions in the use or occupancy of buildings or premises and from the storage and use of hazardous substances, materials and devices.
The Village Board hereby adopts the New York State Uniform Fire Prevention and Building Code (the "Uniform Code") and the State Energy Conservation Construction Code (the "Energy Code"), henceforth collectively referred to as the "Codes of the State of New York," and all subsequent amendments thereto.
A. 
The Building Department of the Village is hereby created and the official in charge thereof shall be known as the "Building Inspector," who shall be appointed by the Board of Trustees.
B. 
Necessary assistants may be appointed by the Village Manager, and an Assistant Building Inspector shall be designated who shall act as the Building Inspector during the absence or at the direction of that official.
C. 
There may further be appointed by the Village Manager an Electrical Inspector who, acting under the Building Inspector, shall supervise and administer the electrical section of the Uniform Code. The Building Inspector may also serve as the Electrical Inspector if so appointed.
D. 
The Building Inspector and Assistant Building Inspector or an officer or employee of the Building Department shall not have any interest whatsoever directly, or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with any project over which he or she may have jurisdiction, nor engage in any work within the Village that conflicts with his or her duties.
E. 
The Building Inspector and Assistant Building Inspector are code enforcement officials as defined in the Codes of the State of New York.
F. 
The Building Inspector and Assistant Building Inspector 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 for code enforcement personnel, and each shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
A. 
Violations, procedures for correction, appearance tickets.
(1) 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building, structure or portion thereof in violation of any of the provisions of this chapter, or fail in any manner to comply with any notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by this chapter.
(2) 
Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of the Codes of the State of New York or this chapter shall comply with all the provisions of the Codes of the State of New York, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
(3) 
Whenever it is found that there has been a violation of the Codes of the State of New York, this chapter or any rule or regulation adopted pursuant to this chapter, a violation notice and/or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
(4) 
The Building Inspector and Assistant Building Inspector and any other code enforcement officers 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, this chapter, or other provision of the Village Code. Upon finding that any such condition or activity exists, the Building Inspector, Assistant Building Inspector or any other code enforcement officers shall issue a violation notice. The violation notice shall:
(a) 
Be in writing;
(b) 
Be dated and signed by the Building Inspector, Assistant Building Inspector or other code enforcement officer;
(c) 
Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter;
(d) 
Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity;
(e) 
Specify that the period of time which the Building Inspector, Assistant Building Inspector or other code enforcement officer deems to be reasonably necessary for achieving compliance;
(f) 
Direct that compliance be achieved within such specified period of time; and
(g) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(5) 
Violation notices and other orders or notices referred to in this chapter shall be served on the owner or one of the owner's executors, legal representatives, agents, lessees or any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail addressed to the last known address, if any, of the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last preceding completed record of the Receiver of the Taxes or in the office of the County Clerk. Failure to serve any person mentioned in this subsection shall not affect the efficacy of the violation notice.
(6) 
Appearance tickets. The Building Inspector, Assistant Building Inspector and other code enforcement officers shall have the authority, pursuant to the Criminal Procedure Law, and in accordance with Chapter 104 of the Village Code, to issue an appearance ticket subscribed by him or her directing a designated person to appear in court at a designated time in connection with the commission of a violation of this chapter or any order made thereunder.
B. 
Penalties.
(1) 
Any person who shall fail to comply with a written order of the Building Inspector, Assistant Building Inspector or other code enforcement official within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber, electrician, construction superintendent or his or her agent or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder or in addition to any other penalties provided for in this chapter, the Codes of the State of New York or any rules or regulations adopted pursuant to this chapter or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder shall be guilty of an offense punishable by a fine of not more than $250 or by imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation. The imposition of such penalty shall not be held to prohibit the forced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.
(2) 
An action or proceeding in the name of the Village of Briarcliff Manor, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Codes of the State of New York, this chapter, a rule or regulation adopted pursuant to this chapter or a violation of any order to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. An action or proceeding may be instituted in the name of the Village of Briarcliff Manor, New York, 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 certificate, stop-work order, operating permit, violation notice, or other notice or order issued by the building inspector 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, this chapter, or any stop-work order, violation notice or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the Village of Briarcliff Manor, New York, in the Supreme Court, the Village Justice 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.
(3) 
No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this chapter, 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 § 90-6 of this chapter, in any other section of this chapter, 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 § 90-6 of this chapter, in any other section of this chapter, or in any other applicable law. 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.
(4) 
Any person, including any owner, builder, architect, tenant, contractor, subcontractor, plumber, electrician, construction superintendent or his or her agent or any other person, taking part in the construction or use of any building or other structure prior to securing a building permit under circumstances wherein receipt of said building permit is a condition precedent to construction or use of any building or structure shall be subject to the same penalties as are provided in this section.
A. 
Whenever the Building Inspector has reasonable grounds to believe that the work on any building or structure is proceeding without a building permit, or is otherwise in violation of the provisions of any applicable provision of the Uniform Code, the Energy Code and any applicable provisions of the Village Code or any other law, code, ordinance, rule or regulation, or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued, or is being conducted in an unsafe or dangerous manner, or is being performed under a building permit that has become invalid, has expired or has been suspended or revoked, he or she shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B. 
Such stop-work order shall be in writing on a form prescribed by the Building Inspector and shall state the reason for the stop-work order, together with the date of issuance and shall state the conditions which must be satisfied before work will be permitted to resume. The stop-work order shall bear the signature of the Building Inspector and shall be prominently posted at the work site.
C. 
Notice of the stop-work order shall be deemed to be duly given by service upon a responsible individual in charge of the project at the premises, or by registered or certified mail to the post office address of the party to whom the permit was issued. It shall be a violation of this chapter and the Codes of the State of New York for anyone to proceed with any work after a stop-work order is issued, provided, however, that failure to serve any person mentioned in this subsection shall not affect the efficacy of the stop-work order.
D. 
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 § 90-5 of this chapter or under any other applicable chapter 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.
This chapter shall not be construed to hold any code enforcement officer of the Village responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect as required by any permits under this chapter, nor shall he or she or it be liable for any damage to persons or property by reason of the Building Inspector's exercising his or her discretion as provided in this chapter.
In the event that the provisions of this chapter shall be in conflict with any other law, rule or regulation, the more stringent provision shall govern.
In cases of great emergency or the delay of proceedings as hereinbefore provided that would result in probable loss of life or property, the Village Manager shall have the power to direct the Building Inspector to proceed at once to take such action as is needed to guard the safety of persons and property.
A. 
Where practical difficulties or unnecessary hardship may result from the enforcement of the strict letter of any provision of the New York State Uniform Fire Prevention and Building Code, applications for variances consistent with the spirit of the Code may be made pursuant to rules established by the New York State Department of State. The Building Inspector shall maintain a copy of such rules and regulations for public inspection and shall obtain and retain a copy of all decisions rendered by the New York State Secretary of State or his or her agent pertaining to matters affecting the Village of Briarcliff Manor.
B. 
The procedures set forth herein for appeals shall not prohibit the Building Inspector from immediately removing a hazard or ordering the immediate closing of a building or premises until a violation of this chapter or the Codes of the State of New York has been corrected when such hazard or the existence of such violation constitutes a distinct hazard to life or public safety.