A.
General. No board, agency, officer or employee of
the village shall issue, grant or approve any permit, license, certificate
or other authorization for any construction or alteration of any building
or structure for any use of land, building or structure that would
not be in full compliance with the provisions of this chapter. Any
permit, license, certificate or other authorization issued, granted
or approved in violation of the provisions of this chapter shall be
null and void and of no effect without the necessity of any proceedings
for revocation or nullification thereof.
B.
Building Inspector. This chapter shall be administered
by a Chief Building Inspector or any other inspector designated by
the Chief Building Inspector and one or more Assistant Building Inspectors
as deemed necessary, referred to collectively as the "Building Inspector,"
as appointed by the Village Board.
[Amended 1-28-1986 by L.L. No. 1-1986]
(1)
It shall be the duty of the Building Inspector and
he is hereby empowered:
(a)
To receive and review applications for building
permits and to issue building permits, plumbing, sign, sewer, street
opening and all other permits as assigned by the Village Board.
(b)
To receive and review applications for certificates
of occupancy, use or compliance and to issue certificates of occupancy,
use or compliance.
(c)
To inspect any building, structure or land to
determine whether any violations of this chapter have been committed
or exist, whether or not such building, structure or land is occupied
and whether or not a certificate of occupancy has been issued.
(d)
To keep the Village Board advised of all matters
pertaining to the enforcement of this chapter and to make and keep
all records necessary and appropriate to the office, including records
of written complaints of violation of this chapter and action taken
on the same.
(2)
The Building Inspector and other Building Department
personnel, as authorized by the Building Inspector, shall issue appearance
tickets, post notices of violations, stop orders, revocation of building
permits and certificates of occupancy and shall order the remedying
of any condition or omission that is found to be in violation of this
chapter. In addition, by resolution, the Village Board may direct
the Building Inspector to revoke such building permits and certificates
of occupancy, issue such stop orders, make such inspection and reports,
initiate and take such court proceedings and perform all other actions
as required by the Village Board as may be necessary to enforce this
chapter or to invoke penalties for its violation.
[Amended 4-26-1988 by L.L. No. 15-1988]
A.
General provisions.
(1)
No building permit or certificate of occupancy shall
be issued unless the proposed construction or use is in conformance
with all the provisions of this chapter.
(2)
Whenever the Building Inspector determines, upon reasonable
grounds, that work on any building, structure or lot is being or has
been conducted in violation of any of the provisions of this chapter
or that such work is being conducted in a dangerous or unsafe manner,
then the Building Inspector may notify the owner of the property or
the owner's agent or the person performing the work to suspend such
remaining work on any building or structure which is or could be affected
by the violation, located within the lot where the violation exists.
If work remains to be performed on such buildings or structures, such
persons shall forthwith stop such work and suspend all building activities
on the affected buildings or structures until the stop order has been
rescinded. Such stop order and notice shall be in writing, shall state
the conditions under which the work may be resumed and may be served
upon a person to whom it is directed either by delivering it personally
to him or by posting the same upon a conspicuous portion of the building
or structure under construction and sending a copy of the same by
registered mail. Any person aggrieved by such a stop order may appeal
to the Board of Appeals within 60 days to review the same, and the
Board of Appeals, on such review, may affirm, modify or reverse the
action of the Building Inspector, as the facts may warrant.
[Amended 4-11-1995 by L.L. No. 1-1995]
(3)
Where the determination of violation concerns a building or structure for which a certificate of occupancy has already been issued, the Building Inspector may revoke the certificate of occupancy in accordance with Subsection C(5) of this section. Upon revocation of the certificate of occupancy, the occupants then have a maximum period of 60 days in which to vacate the premises.
(4)
Certificate of occupancy for two-family homes in an
R-1A zoning district established prior to the creation of this district.
[Added 3-9-2004 by L.L. No. 5-2004]
(a)
The owner of a one-family home located in what
is now the R-1A Zoning District which was converted into a two-family
home prior to the establishment of that zoning district without a
proper building permit having been obtained may obtain a certificate
of occupancy for a two-family home upon the following conditions:
[1]
Within six months after the effective date of
the law establishing the R-1A Zoning District, an application with
appropriate fees paid is filed seeking a certificate of occupancy
for a two-family home;
[2]
The applicant admits the Building Inspector
to examine the building;
[3]
The applicant produces a letter or other document
from a licensed plumber certifying that the plumbing work done within
the two-family home was performed in accordance with the Village Code;
and
[4]
The applicant produces an electrical underwriter's
certificate for all electrical work done in the two-family home.
(b)
Where a one-family home located in what is now the R-1A Zoning District was converted to a two-family home prior to the establishment of that zoning district without a proper building permit having been obtained and the amnesty period allowed by Subsection A(4)(a) above having lapsed without the owner of the property obtaining a certificate of occupancy for a two-family home, all future applications for a certificate of occupancy for such a two-family home will require a building permit and compliance with all Spring Valley code requirements, including but not limited to zoning approval.
B.
Issuance of a building permit.
(1)
A building permit is required for:
(a)
The construction, reconstruction, moving, demolition
or structural alteration, repair or change in the use of a building
or structure affixed into the ground.
(b)
Any change in the bulk of a building or structure
affixed into the ground or nonbuilding use, but not including ordinary
repairs which are not structural in nature.
(c)
The replacing or installation of a roof or siding
of any building.
(2)
Notwithstanding the above requirements, no building
permit is required for an accessory building with 120 square feet
or less or for normal repair of a building that does not involve any
structural elements.
[Added 1-28-1986 by L.L. No. 1-1986]
(3)
Application procedure.
(a)
Application for a building permit shall be made
to the Building Inspector on forms provided by him and shall contain
the following information:
[1]
A description of the land on which the proposed
work is to be done.
[2]
A statement of the use or occupancy of all parts
of the land and of the building or structure.
[3]
The valuation of the proposed work.
[4]
The full name and address of the owner and of
the applicant, including the full names and addresses of each officer
and director of any corporation or each member of a partnership.
[5]
A brief description of the nature of the proposed
work.
(b)
Each application for a building permit shall
be accompanied by plans and specifications, including plot plans,
as required, drawn to scale, showing the location and size of all
proposed new construction and all existing structures on the site,
the nature and character of the work to be performed and the materials
to be incorporated, distance from plot lines, widths and grades of
adjoining streets, walks and alleys, details of structural, mechanical
and electrical work, including computations, stress diagrams and other
essential technical data. Such plans and specifications shall include,
on the plot plan or site plan, the proposed location of all underground
facilities, including gas service, electric service, sewer lines,
drainage lines (including routing of drainage from roof leaders and
footing drains to a positive outlet), waterlines, sprinkler lines,
telephone lines, etc. The building plans shall include plans for mechanical
services, including gas, electric, water, heating and air conditioning.
Plans and specifications shall bear the signature of the person responsible
for the design and drawings and the architect's or engineer's signature,
seal and New York State license number.
(c)
Applications shall be made by the owner or lessee
or agent of either or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.
(d)
Any amendment to the application or the plans
and specifications accompanying the same must be filed and approved
by the Building Inspector and, if required, the Planning Board, prior
to the commencement of the amended work, and such amendments shall
comply with the provisions of this chapter. The granting or refusal
of such an amendment by the Building Inspector shall be in writing
and may be reviewed by appeal to the Board of Appeals within 60 days
after such determination is filed in the office of the Building Inspector.
[Amended 4-11-1995 by L.L. No. 1-1995]
(4)
Approval or disapproval.
(a)
Issuance of building permit. The Building Inspector
shall examine or cause to be examined all applications for permits
and the plans, specifications and documents filed therewith. Within
20 days of receipt of the same, he shall approve or disapprove the
permit. If site development plan approval is required pursuant to
the requirements of this chapter, the Building Inspector shall refer
the application to the Planning Board for review under these requirements;
site development plan approval will be required prior to any issuance
of a building permit. An appeal from the approval or disapproval of
any application shall be made to the Board of Appeals within 60 days
after the determination of the Building Inspector has been filed in
the office of the Building Inspector or endorsed on the building plans
filed in said office. Any final determination of disapproval shall
be indicated, in writing, together with the copies thereof filed in
the office of the Building Inspector and mailed to the applicant.
[Amended 4-11-1995 by L.L. No. 1-1995]
(b)
Upon approval of the application and upon receipt
of the fees therefor, he shall promptly issue a building permit to
the applicant upon the form prescribed by him and shall affix his
signature or cause his signature to be affixed thereto. Upon approval
of the application, both sets of plans and specifications shall be
endorsed with the word "approved."
(c)
One set of such approved plans and specifications
shall be retained in the files of the Building Inspector and the other
set shall be returned to the applicant, together with the building
permit, and shall be kept at the building site and open to inspection
by the Building Inspector or his authorized representative at all
reasonable times. If the application, together with plans, specifications
and other documents filed therewith, describe proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same and
shall return the plans and specifications to the applicant.
[Amended 4-11-1995 by L.L. No. 1-1995]
(5)
Expiration and extension. Every building permit shall
expire by limitation at the end of one year from the date issued.
If a construction is not completed within said one-year period, the
Building Inspector may, for due cause shown, extend the permit for
a period not to exceed one year.
(6)
Liability insurance. In the event that any application
for a building permit provides for construction or other activity
involving operation of equipment, personnel or placement of materials
which may hazard a public street, way, easement or public property,
prior to issuing such building permit the applicant shall present
evidence of liability insurance saving the village harmless in an
amount and in a form acceptable to the Village Attorney. Additionally,
property damage insurance or other surety acceptable to the Village
Attorney may be required where such construction or activity may damage
public property, including sidewalks, paving, signs or landscaping.
In reviewing any application hereunder, the Building Inspector shall
determine whether such hazard may exist by virtue of the nature of
activity described in such application. Where, after a building permit
has been issued without such liability insurance, it shall appear
that such hazards are present, the Building Inspector may, on due
notice given, require such insurance and may suspend such activity
pending receipt of the required liability policy.
C.
Issuance of a certificate of occupancy.
(1)
When required.
(a)
No building or structure or portion thereof
for which a building permit has been issued shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Inspector.
(b)
No change shall be made in the use or type of
occupancy of an existing building or structure or change in the use
of land unless a certificate of occupancy authorizing such change
in use shall have been issued by the Building Inspector. A change
in use shall include a change in the type or general class of goods
or services sold or manufactured and any substantial change in manufacturing
operation involving new equipment and machinery.
(2)
Application and affidavit. The owner or his agent
shall make application for a certificate of occupancy. Accompanying
this application and before the issuance of a certificate of occupancy,
there shall be filed with the Building Inspector:
(a)
A complete set of as-built drawings showing
the as-built locations of all the underground facilities and interior
mechanical services. These plans shall be signed and certified by
a New York State licensed architect or engineer; and
(b)
An affidavit of the owner or the registered
architect or licensed professional engineer who supervised the construction
of the work or of the superintendent of construction who supervised
the work and who, by reason of this experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit
shall state that the deponent has examined the approved plans of the
structure for which a certificate of occupancy is sought, that the
structure has been erected in accordance with approved plans and,
as erected, complies with this chapter except insofar as variations
therefrom have been legally authorized. Such variations shall be specified
in the affidavit.
(3)
Issuance of certificate. Before issuing a certificate
of occupancy, the Building Inspector shall examine or cause to be
examined all buildings, structures and sites for which an application
has been filed for a building permit to construct, enlarge, alter,
repair, remove, demolish or change the use or occupancy; and he may
conduct such inspections as he deems appropriate from time to time
during and upon completion of the work for which a building permit
has been issued. There shall be maintained by the Building Inspector
a record of all such examinations and inspections, together with a
record of findings of violations of the law. Every certificate of
occupancy for a use for which a special permit or variance has been
granted shall contain a detailed statement of such special permit
or variance and of the conditions to which the same is subject. No
certificate of occupancy shall be issued unless all federal, state
and local laws are complied with.
(5)
Revocation. A certificate of occupancy shall be deemed
to authorize and is required for both initial and continued occupancy
and use of the building or land to which it applies and shall continue
in effect so long as such building or land is used for the use authorized
in the certificate of occupancy. If terms of such certificate of occupancy
are violated by the holder thereof, the Building Inspector may, by
service of notice of violation, revoke such certificate of occupancy,
which order of revocation is, however, subject to review by the Board
of Appeals, by the holder thereof taking an appeal to the Board of
Appeals within 60 days of service of said order of termination.
[Amended 4-11-1995 by L.L. No. 1-1995]
(6)
Copies. Copies of every certificate of occupancy issued
hereafter shall be furnished on request to the Planning Board or Board
of Appeals and on the payment of the regular fee therefor to any other
person.
D.
Partial certificate of occupancy. A partial certificate
of occupancy may be issued by the Building Inspector for a period
not exceeding 90 days for a commercial building situated in a nonresidential
district, provided that the building may be occupied solely without
endangering public welfare. The Building Inspector shall require a
cash deposit or performance bond to ensure and guarantee the completion
of required improvements.
[Amended 1-28-1986 by L.L. No. 1-1986]
[Added 1-28-1986 by L.L. No. 1-1986]
The Building Inspector may issue a certificate of use or a certificate of compliance, or both, in addition to a certificate of occupancy, for circumstances and under conditions described in rules and regulations promulgated by the Building Inspector and approved by the Village Board, in the manner set forth in Article XVI of this chapter.
[Amended 1-28-1986 by L.L. No. 1-1986; 6-11-1991 by L.L. No. 5-1991]
A.
Penalties.
[Amended 4-11-1995 by L.L. No. 1-1995]
(1)
Any person who shall violate any provision of this chapter or who shall build or alter any structure or use any land in violation of any statement or plan submitted and approved thereunder or who shall knowingly assist therein shall be liable to a fine of not more than $5,000 or imprisonment not exceeding 15 days, or both such fine and imprisonment. Each day's continued violation shall constitute a separate and additional violation. In addition to the foregoing provisions, the village shall have such other remedies for any violation or threatened violation of this chapter as is now or may hereafter be provided by law. The application of any above penalty shall not be held to prevent any action under Subsection B below.
(2)
Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith and any owner, builder, architect, engineer, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction or use of
any building or lot who shall knowingly violate any of the applicable
provisions of this chapter or any lawful order, notice, directive,
permit or certificate of the Building Inspector made thereunder shall
be punishable by a fine of not more than $5,000 or imprisonment not
exceeding 15 days, or both such fine and imprisonment. Each day that
a violation continues may be deemed a separate offense.
B.
Prevention. In case any land is used or structure
is erected, constructed, altered or maintained in violation of this
chapter, any regulation made pursuant thereto or any detailed statement
or plan submitted and approved thereunder, in addition to other lawful
remedies, any appropriate action or proceedings may be instituted
to prevent such unlawful use, erection, construction, alteration or
maintenance to restrain, correct or abate such violation, to prevent
the occupancy of such structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
