[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Neck 11-3-1980 by L.L. No. 3-1980. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as, "The Building Code of the Village of Hewlett Neck."
[Amended 1-5-1998 by L.L. No. 1-1998]
The Village has heretofore adopted the provisions
of the New York State Uniform Fire Prevention and Building Code applicable
to general building construction.
This chapter presumptively provides for all matters concerning, affecting or relating to the construction, alteration, repair, removal, demolition equipment, use occupancy, location and maintenance of buildings or structures erected or to be erected in the Village, except in so far as such matters are otherwise provided for under the Village Law or in other statutes or in other ordinances of the Village or in the New York State Uniform Fire Prevention and New York State Uniform Fire Prevention and Building Code and particularly as provided under Chapter 195, Zoning. The provisions of this chapter shall be complied with in addition to the provisions of such other statutes and ordinances.
This chapter is hereby declared to be remedial
and shall be construed to secure the beneficial interests and purposes
thereof, which are public safety, health and welfare, through structural
strength and stability, adequate light and ventilation and safety
to life and property from fire and hazards incident to the construction,
maintenance, occupancy, alteration, repair, removal or demolition
of buildings or structures.
No building or structure shall hereafter be
constructed, altered, repaired or removed, nor shall the equipment
of a building, structure or premises be installed, altered, repaired
or removed, except in conformity with the provisions of this chapter
and in conformity with the provisions of every authorized rule, regulation
and condition made and issued hereunder by the Building Inspector.
It shall be unlawful to maintain, occupy or
use a building or structure, or part thereof, which has been constructed,
altered or repaired in violation of the provisions of this New York
State Uniform Fire Prevention and Building Code.
The provisions of this chapter apply to all
buildings or structures by whomsoever owned, constructed, maintained,
occupied or used and wheresoever situated, including constructions
such as vaults, areas or street encroachments however placed. Such
provisions shall apply with equal force to municipal, school, county
or state buildings, as they do to private buildings.
A.
Appointment.
(1)
The office of Building Inspector is hereby created.
(2)
The Building Inspector shall be appointed by the Board
of Trustees at its annual meeting and shall continue to hold such
office at the pleasure of the Board of Trustees. Any Village official,
other than an elected official, may hold the position of Building
Inspector in addition to such other official position.
(3)
In case of the temporary absence or disability of
the Building Inspector or his or her disqualification to act in a
particular matter, the Mayor may designate a substitute to act in
matters that require prompt, official attention.
B.
Qualifications. The Building Inspector shall be a
person generally informed on the quality and strength of building
materials, on the prevailing methods of building construction, on
good practices in fire prevention, on the accepted requirements for
safe exit facilities and on the proper installation of plumbing, electric
wiring, elevators and other installations for the safety, comfort
and convenience of occupants. He or she shall be in good health and
physically capable of making the necessary examinations and inspections
of buildings in the course of construction.
C.
Duties. The Building Inspector shall receive applications
required by this chapter, issue permits and furnish all prescribed
certificates. He or she shall examine premises for which permits have
been issued and shall make necessary inspections to see that the provisions
of law and Village laws are complied with and that the construction
is prosecuted safely and in accordance with permits previously granted.
He or she shall enforce all laws and regulations relating to the construction,
alteration, repair, removal, demolition, equipment, location, maintenance,
occupancy or use of buildings and structures, except as may be otherwise
provided for. He or she shall, when requested by the Mayor or the
Board of Trustees or when the interests of the Village shall require,
make investigations in connection with matters referred to in this
chapter and render written reports on the same. He or she shall issue
such notices or orders as may be necessary to enforce compliance with
law, to remove illegal or unsafe conditions and file copies of all
papers in connection with building work so long as any part of the
building or structure to which they relate may be in existence. All
such records shall be open to public inspection at reasonable hours,
but shall not be removed from the Village office.[1]
[1]
Editor’s Note: Former Subsection D, Right of entry,
as amended, which immediately followed this subsection, was repealed
3-27-2018 by L.L. No. 7-2018.
Except as provided in § 50-14, it shall be unlawful to construct, alter, repair, remove or demolish or to commence the construction, alteration, repair, removal or demolition of a building or structure without first filing with the Building Inspector an application, in writing, and obtaining a permit therefor.
A.
An application for a permit shall be submitted in
such form as the Building Inspector may require.
B.
Such application shall be made by the owner or lessee,
or agent of either, or the architect, engineer or builder employed
in connection with the proposed work. If such application is made
by a person other than the owner in fee, it shall be accompanied by
a duly verified affidavit of the owner in fee or the person making
the application, that the proposed work is authorized by the owner
in fee and that the person making the application is authorized to
make such application. Where the work costs more than $5,000 or the
building has more than 15,000 cubic feet in volume or where the work,
in the opinion of the Building Inspector, may involve the structural
safety of the building, the plans shall be prepared by a registered
architect or a registered engineer or under his or her supervision
and shall bear his or her certificate and official seal.
C.
Such application shall contain the full names and
addresses of the applicant and of the owner and, if the owner is a
corporate body, the names of its responsible officers.
D.
Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Building Inspector for the intelligent understanding of the proposed work. It shall contain a certificate that the proposed work complies with all of the provisions of the New York State Uniform Fire Prevention and Building Code, Chapter 195, Zoning, and all other applicable statutes, ordinances, rules and regulations, any exceptions being specifically noted.
Applications for permits shall be accompanied
by such drawings of the proposed work drawn to scale, including floor
plans, sections, elevations and structural details, as the Building
Inspector may require.
There shall also be filed a plot plan or diagram
in a form and size suitable for filing permanently with the permit
records, drawn to scale, with all dimensions figured, showing accurately
the size and exact location of all proposed new constructions or,
in the case of demolition, of such construction as is to be demolished
and of all existing buildings and structures that are to remain.
Nothing in this chapter shall prohibit the filing
of amendments to an application or to a plan or other record accompanying
the same, at any time before the completion of the work for which
the permit was sought. Such amendments, after approval, shall be filed
with and be deemed a part of the original application.
Ordinary repairs to buildings or structures which do not involve structural changes and which do not affect matters of health or safety may be made without filing an application or obtaining a permit, but such repairs shall not include the cutting away of any wall or portion thereof, the removal or cutting of any beams or supports or the removal, change or closing of any stairway or required means of exit, and shall not include any alterations affecting the application of Chapter 195, Zoning.
Nothing in this chapter shall require changes
in the plans, construction or designated use of a building or structure
for which a lawful permit has been heretofore issued or which has
been otherwise lawfully authorized, and the construction of which
shall have been actually begun within 90 days after this chapter becomes
effective and which entire building shall be completed, as authorized,
within two years thereafter.
A.
Action on application. It shall be the duty of the
Building Inspector to examine the applications for permits within
a reasonable time after filing and payment of the fees hereinafter
provided. If after examination, he or she finds no objection to the
same and it appears that the proposed work will be in compliance with
the laws and regulations applicable thereto and the proposed construction
or work will be safe, he or she shall approve such application and
issue a permit for the proposed work as soon as practicable. If his
or her examination reveals otherwise, he or she will reject such application,
noting his or her findings in a report to be attached to the application
and sending a copy to the applicant.
B.
Approval in part. Nothing in this section shall be
construed to prevent the Building Inspector from issuing a permit
for the construction of part of a building or structure before the
entire plans and detailed statements of said building or structure
have been submitted or approved, if adequate plans and detailed statements
have been presented for said part, and have been found to comply with
this chapter.
C.
Permit for moving a building. No permit to move a
building or structure shall be granted until notice of application
therefor shall have been given to the owners of land adjoining the
lot or parcel to which said building or structure is to be moved and
to the owners of poles, wires or other impediments, the temporary
removal of which will be necessary, and an opportunity has been given
said owners to be heard upon such application; nor until a bond in
a sum fixed by the Building Inspector has been filed with the Village
to cover all damage to public property and to indemnify and save harmless
the Village for damages and claims for damages arising out of the
work. The Building Inspector may designate the route to be covered,
the hours of moving and the portion of the streets to remain unobstructed
and may impose such other conditions as he or she may deem advisable.
He or she is hereby authorized to deny the permit if he or she determines
that the moving of the building or structure would cause excessive
injury or inconvenience to the public or to the Village.
D.
Conditions of the permit. All work performed under a permit issued by the Building Inspector shall conform to the approved application and plans and approved amendments thereof. The location of all new construction as shown on the approved plat diagram or an approved amendment thereof shall be strictly adhered to. The work shall comply with all the requirements of this chapter and of Chapter 195, Zoning.
E.
Signature to permit. Every permit issued under the
provisions of this chapter shall be signed by the Building Inspector.
F.
Additional requirements. Notwithstanding any other provision of this chapter, the Building Inspector shall not issue or approve any building permit which is subject to the provisions of Chapter 65 of this Code, unless and until the provisions of that chapter have been complied with or the time in which the Design Review Board or the Board of Trustees may make any determination as provided in that chapter, or to determine any appeal thereunder, has expired.
[Added 9-7-1999 by L.L. No. 6-1999]
[Added 3-7-2011 by L.L. No. 2-2011]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and as not interfering
with, abrogating or annulling any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater restriction or limitation upon the use of buildings, premises
or lots or upon the height and size of buildings or requires larger
yards or other open spaces than are imposed or required by existing
provisions of law or ordinances or by easements, covenants or agreements,
the provisions of this chapter shall control.
[Added 3-7-2011 by L.L. No. 2-2011]
A.
Before the construction or alteration of any building or any part
of a building is commenced, the person causing such construction or
alteration to be done or his agent or the architect or builder employed
in connection with the proposed construction or alteration shall file
in the office of the Village Clerk, addressed to the Board of Trustees
of the Village, an application for a permit to construct or alter.
Such application shall contain a statement of the full name and residence
of each of the persons having an interest as owner, tenant or otherwise
and of the use to which the building is to be put and such other information
as the Board of Trustees may require. Said application shall be in
duplicate and shall be sworn to before a notary public or commissioner
of deeds and shall be accompanied by such plans and drawings and such
a diagram of the lot, showing the exact location of the existing and
proposed buildings, as will enable the Building Inspector to determine
whether the proposed construction or alteration and use conform with
the provisions of this chapter.
B.
Any person or his or her agent may file preliminary plans of a proposed
building or structure prior to the filing of detailed plans therefor,
and such plans may be tentatively approved subject to the submission
and filing of the complete plans, drawings, diagram and other data
herein provided for.
C.
All applications, statements, plans and detailed drawings required
by this chapter shall be presented to and kept on file in the office
of the Village Clerk. Nothing in this chapter shall prohibit the filing
of amendments to any application at any time before the completion
of the work for which the permit was sought, and such amendments,
after approval by the Building Inspector, shall be made part of the
application and filed as such. Such amendments shall be made in the
same form and manner as the original application and shall be accompanied
by similar plans and drawings relative to the changes proposed. Nothing
herein contained shall require the owner, lessee or occupant of any
dwelling to make any application to the Board of Trustees for a permit
to make ordinary repairs to buildings or structures.
D.
No person shall make any such construction or alteration without
having first filed with the Board of Trustees a statement, in writing,
accompanying the application to build or alter, which statement shall
give the full name and residence of the owner of the land, building
or proposed structure and shall recite that he or she is duly authorized
to perform said work.
[Added 3-7-2011 by L.L. No. 2-2011]
A.
All applications for a building permit shall be examined by the Building
Inspector. He or she shall endorse thereon, or state in an accompanying
memorandum, whether or not the application complies with the requirements
of this chapter, the Building Code and other applicable ordinances
or statutes.
B.
The Building Inspector may also require the submission of such additional
plans, information, soil or foundation tests and data as he or she
may deem necessary in enabling him or her to act upon the application.
All such material shall be filed with and deemed part of the application.
C.
In the case of an apartment house, a church or place of worship,
a school, a place of public assembly or other construction involving
special problems or special consideration, the Board of Trustees may
retain a special architect or engineer.
D.
If the Building Inspector determines that the application does not
comply with the applicable requirements, he or she shall enumerate
his or her objections and send a copy to the applicant.
E.
When the Building Inspector has determined that the application complies
with all of the applicable requirements, he or she shall approve the
application and note his approval in the file. Such approval may cover
the entire building or structure, or may be limited to a portion thereof.
F.
Every such approval shall, before a building permit is issued, be
subject to review by the Board of Trustees, if the Board so desires,
and if the Board's determination differs from that of the Building
Inspector, the approval of the Building Inspector shall be vacated
and the matter remitted to the Building Inspector for such action
as the Board may direct.
G.
No building permits shall be issued where the property is the subject
of any outstanding violation or any outstanding or unsatisfied conditions
set forth in any Village or other governmental approval(s), including
but not limited to any conditions related to the Board of Trustees,
Board of Appeals or Design Review Board.
[Added 3-6-2017 by L.L.
No. 2-2017]
[Added 3-7-2011 by L.L. No. 2-2011]
A.
When the application has been approved by the Building Inspector,
or in case of a review by the Board of Trustees, when the application
has been reviewed by the Board of Trustees, a building permit shall
be issued for the construction or work so approved.
B.
Every building permit shall be issued by the Board of Trustees. The
Board may, however, in particular cases or in particular classes of
cases or generally, empower the Building Inspector or such other officer
as the Board may designate to issue building permits in its name and
on its behalf.
C.
Where the permit covers only part of a building or structure, the
issuance of such permit and the approval upon which such permit was
based shall not prevent the Board of Trustees from refusing to approve
the remainder of the building or structure, or any part thereof, when
the plans and other data covering such remainder has been submitted.
[Added 3-7-2011 by L.L. No. 2-2011]
The Building Inspector may, and ordinarily will, require a placement
survey after the foundation has been installed and, in such case,
may require that the work be suspended until such placement survey
has been finished. The Building Inspector may also require such additional
surveys or additional plans, information, soil or foundation tests
and data during the progress of the work as he or she may deem necessary
or helpful in order to determine compliance with the applicable requirements.
[Amended 1-5-1998 by L.L. No. 1-1998; 11-1-2010 by L.L. No.
4-2010; 1-9-2017 by L.L. No. 1-2017]
A.
A building permit shall be effective to authorize the commencement
of work in accordance with the application, plans and specifications
upon which it is based for a period of 12 months after the date of
its issuance.
B.
The permittee shall notify the Building Inspector, in writing, of
the date when the authorized work has been commenced.
C.
For good cause shown, the Building Inspector may grant two one-year
extensions of a permit, provided that any application for an extension
shall have been made before the expiration date of the original permit.
The first extension request shall be accompanied by a payment equal
to 50% of the original building permit application fee. The second
extension request shall be accompanied by a payment equal to 100%
of the original building permit fee. After three years from the date
of the original permit, there shall be no extensions granted and the
permit shall be deemed null and void.
D.
If after the expiration of the original permit and two extensions
a certificate of occupancy or certificate of completion has not been
obtained, no further extensions shall be granted; instead, a new permit
shall be required, which fee shall be double the amount of the original
permit.
E.
Continued work, use or occupancy of any part of a building or structure
that is the subject of an expired building permit is prohibited.
A copy of the permit shall be kept on the premises
open to public inspection during the prosecution of the work and until
the completion of the same. The Building Inspector may require a certified
copy of the approved plans to be kept on the premises at all times
from the commencement of the work to the completion thereof.
No permit issued under this chapter shall be
assignable or transferable.
A.
Suspension. The Building Inspector may suspend a permit or approval issued under the provisions of this chapter in case he or she shall be satisfied that there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based or that any of the work has been or is about to be performed or materials furnished which do not comply with this chapter or with them terms of the permit, or that in any respect the provisions of this chapter or of Chapter 195, Zoning, have been violated or have not been complied with.
B.
Procedure upon suspension; revocation. The Building
Inspector shall report the matter to the Board of Trustees at its
next regular meeting, and the holder of the permit so suspended shall
have the opportunity to appear before the Board of Trustees at said
meeting or at some other time fixed by the Board. The Board of Trustees
may thereupon continue the suspension of such permit or approval until
the holder has complied with all matters giving rise to such suspension,
or, in its discretion, the Board of Trustees may revoke the permit.
[Amended 11-1-2010 by L.L. No. 4-2010]
Upon filing an application for a permit under this chapter, there shall be paid to the Village the applicable fee set forth in Chapter 82 of this Code.
A.
New buildings. No building or structure hereafter
constructed shall be occupied or used, in whole or in part, until
a certificate of occupancy shall have been issued by the Building
Inspector certifying that such building or structure conforms to the
provisions of this chapter.
B.
Buildings hereafter altered. No building or structure
hereafter enlarged or extended or so altered, wholly or in part, as
to change its classification, and no building hereafter altered for
which a certificate of occupancy has not been heretofore issued, shall
be occupied or used, in whole or in part, until a certificate of occupancy
shall have been issued by the Building Inspector certifying that the
work for which the permit was issued has been completed in accordance
with the provisions of this chapter, provided that if the occupancy
or use of such building was not discontinued during the work of alteration,
the occupancy or use of the building shall not continue for more than
30 days after completion of the alterations unless such certificate
shall have been issued.
C.
Contents of certificate. In addition to the certification as to compliance with the provisions of this chapter, such certificate may, if warranted by the facts, also contain the matters required for a certificate of occupancy under Chapter 195, Zoning, and in such case, the certificate of occupancy shall constitute the certificate of occupancy required both by this chapter and by Chapter 195, Zoning.
D.
Issuance and filing. A certificate of occupancy shall
be issued within five days after written application therefor, if
the building at the time of such application shall be entitled thereto.
Copies of a certificate of occupancy shall be furnished, on request,
to persons having a proprietary interest in the building.
E.
Change of occupancy. No change of occupancy or use
shall be made in a building hereafter constructed or altered that
is not consistent with the last issued certificate of occupancy for
such building, unless a permit is secured.
F.
Application for certificate of occupancy. Application
for a certificate of occupancy shall be made to the Building Inspector.
In the case of a multiple dwelling, a business structure or an industrial
structure and in any other case where the plans accompanying the application
for a building permit are required to be made or authenticated by
a licensed architect or a licensed professional engineer, the application
for a certificate of occupancy shall be accompanied by the affidavit
of a licensed architect or licensed professional engineer who supervised
the construction work or by the affidavit of a superintendent of construction
who supervised the construction work and who has had at least 10 years'
experience in supervising building construction work, which affidavit
shall be to the effect that deponent has examined the approved plans
of the structure for which the certificate of occupancy is sought,
and that to the best of his or her knowledge and belief the structure
has been erected or altered in accordance with the approved plans,
and as erected or altered, complies with the statutes, ordinances,
rules and regulations governing building construction or use, except
in so far as variances therefrom have been legally authorized, such
variances to be specified in the affidavit.
A.
For completed buildings. In the case of a building
or structure completed prior to the adoption of this chapter, the
Building Inspector shall, if so requested by the holder of a permit,
and if the facts warrant, issue a certificate to the effect that the
building structure has been completed in conformity with the provisions
of this chapter and indicating the use or uses to which such structure
may thereafter be put and to what extent.
B.
For installations. When a certificate is specifically
required by a provision of this chapter for an installation, alteration,
repair or removal of an elevator or elevator equipment, plumbing,
gas piping, electric wiring, heating system or other installation,
it shall be unlawful to use or permit the use thereof until the appropriate
certificate has been issued.[1]
[Added 11-1-2010 by L.L. No. 4-2010; amended 11-29-2022 by L.L. No.
6-2022]
A.
Except as provided in Subsection C herein, if construction either is i) commenced prior to the issuance of a building permit or ii) in excess or otherwise in violation of the work authorized pursuant to a validly issued building permit, the fee for any new or amended building permit issued thereafter shall be an amount equal to two times the permit fee that would have been payable had the permit for all work involved been properly and timely applied for prior to any construction under the original permit.
B.
Alterations to any plans filed with and approved by the Building
Inspector upon which a building permit or amendment thereto is issued
shall be submitted in a form prescribed by the Building Inspector
and subject to the procedure set forth herein for the approval of
original building plans.
C.
If construction has been completed prior to the issuance of a building,
plumbing, equipment or any other applicable permit, the fee shall
be triple the permit fee that would have been payable had the permit
for all work involved been properly and timely applied for prior to
any construction under the original permit.
[Added 11-1-2010 by L.L. No. 4-2010]
A.
The applicant
for a building permit may apply to the Board of Trustees for a withdrawal
of the application for or cancellation of a building permit, as the
case may be, and a refund of the building permit fee and certificate
of occupancy or certificate of completion fee. The Board of Trustees,
in its discretion, may grant said application provided that said application
is made within 12 months of the date of the issuance of the permit
or within 12 months of the date of the application for said permit,
as the case may be, and may order a refund of:
(1)
Not
more than half of the building permit fee paid, provided that the
actual cost to the Village shall not exceed half of the fee paid,
whereupon a refund may only be granted for the difference between
the amount of fee paid and the actual cost to the Village.
(2)
Any
fee paid in connection with a certificate of occupancy or a certificate
of completion.
B.
In the
event that an architect or engineer shall, for any reason, discontinue
his inspection of the construction of the structure at any time prior
to completion, the property owner shall immediately notify the Building
Inspector of such fact, and thereupon the building permit issued for
such construction shall be suspended and no further work shall be
done thereunder until an affidavit is filed by the property owner
with the Village Clerk certifying that inspection of the construction
has been resumed by another or the same architect or engineer. Any
permit which is suspended for more than six months shall be automatically
revoked and deemed null and void.
C.
In the
event of the abandonment of any building project, it shall be the
duty of the permittee and the owner of the premises to secure the
structure and property in a manner which limits and prevents danger
to persons or property and eliminates any potential fire hazards.
If the abandoned project results in an open excavation or foundation
on the premises, the open excavation or foundation shall, at a minimum,
be backfilled up to the street or ground level. If the abandoned project
results in a structure on the premises that is fully or partially
framed, said structure shall, at a minimum, be sheathed or otherwise
fully enclosed to prevent unauthorized access to the structure.
[Amended 3-27-2018 by L.L. No. 4-2018]
A.
Orders to remedy. The Building Inspector is 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 Fire Prevention and Building Code (Uniform Code), the
State Energy Conservation Construction Code (Energy Code) or this
chapter. An order to remedy shall be in writing; shall be dated and
signed by the Building Inspector; shall specify the condition or activity
that violates the Uniform Code, the Energy Code, or this chapter;
and shall 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.
B.
The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) 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 2) 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 the Building Inspector
may deem appropriate, during the period while such violations are
being remedied. The Building Inspector 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. The Building Inspector 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.
C.
Appearance tickets. The Building Inspector and each officer authorized
to enforce or administer enforcement of the Uniform Code, the Energy
Code, and this chapter are authorized to issue appearance tickets
for any violation of the Uniform Code, the Energy Code or this chapter
or failure to comply with an order to remedy.
Whenever, in the opinion of the Building Inspector,
by reason of defective or illegal work in violation of a provision
or requirement of this chapter, the continuance of a building operation
is contrary to public welfare, he or she may order, either orally
or in writing, all further work to be stopped and may require suspension
of work until the condition in violation has been remedied.
[Added 1-5-1998 by L.L. No. 1-1998; amended 3-27-2018 by L.L. No. 4-2018]
A.
It shall be unlawful for any person, entity, firm, business, corporation
or company to construct, alter, repair, move, remove, demolish, equip,
use, occupy or maintain any building or structure, or portion thereof,
in violation of any provisions of this chapter, or to fail in any
manner to comply with a notice, directive or order of the Building
Inspector, or to construct, alter, use, occupy or maintain any building
or structure, or part thereof, in a manner not permitted by an approved
building permit, certificate of occupancy or certification of completion.
B.
In addition to any other action maintained against any person, entity,
firm, business, corporation or company for a violation of this chapter,
the violator shall be guilty of an offense and shall be subject, upon
conviction, to a penalty of not more than $1,000 or to imprisonment
for not more than 15 days, or both such fine and imprisonment. Each
day such violation continues shall constitute a separate and distinct
offense.
C.
Any violation of a provision of the Uniform Fire Prevention and Building
Code (Uniform Code), the State Energy Conservation Construction Code
(Energy Code) shall be enforced in accordance with Article 18 of the
New York Executive Law.
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,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, 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, order to remedy 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, 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 of the Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or penalty 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 this chapter, in any other section of this local law,
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 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.
