[HISTORY: Adopted by the Floral Park Village Board 8-20-1996
by L.L. No. 7-1996; amended in its entirety 11-21-2006
by L.L. No. 10-2006. Subsequent amendments noted where applicable.]
A.
There is hereby established a Building Department within
the Village government which is hereby designated as the agency to administer,
secure compliance with and enforce the New York State Uniform Fire Prevention
and Building Code (“New York State Uniform Code") and the Municipal
Code of the Incorporated Village of Floral Park within the Village and which
shall be supervised by the Superintendent of Buildings.
B.
There is hereby designated in the Village of Floral Park
a public official to be known as the "Superintendent of Buildings" who shall
also be the Code Enforcement Officer and who shall be appointed by the Mayor
with the approval of the Board of Trustees at a compensation to be fixed by
it. The Superintendent of Buildings shall, at the time of appointment, possess
at a minimum the qualifications required of a Code Enforcement Officer under
the New York State Uniform Code.
(1)
The Code Enforcement Officer shall have the following
powers and duties:
(a)
To receive, review, and approve or disapprove applications
for building permits, certificates of occupancy, certificates of completion,
temporary certificates, operating permits and the plans, specifications and
construction documents submitted with such applications;
(b)
Upon approval of such applications, to issue building
permits, certificates of occupancy, certificates of completion, temporary
certificates and operating permits and to include in building permits, certificates
of occupancy, certificates of completion, temporary certificates and operating
permits such terms and conditions as the Code Enforcement Officer may determine
to be appropriate;
(c)
To conduct construction inspections, inspections to be
made prior to the issuance of certificates of occupancy, certificates of completion,
temporary certificates and operating permits, firesafety and property maintenance
inspections, inspections incidental to the investigation of complaints, and
all other inspections required or permitted under any provision of this local
law;
(d)
To issue stop-work orders;
(e)
To review and investigate complaints;
(f)
To issue orders for violations;
(g)
To maintain records;
(h)
To collect fees as set by the Board of Trustees;
(i)
To pursue administrative enforcement actions and proceedings;
(j)
In consultation with the Village Attorney, to pursue
such legal actions and proceedings as may be necessary to enforce the New
York State Uniform Code and this Code, or to abate or correct conditions not
in compliance with the New York State Uniform Code or this Code; and
(k)
To exercise all other powers and fulfill all other duties
conferred upon the Code Enforcement Officer by this Code.
(2)
In the event that the Code Enforcement Officer is unable
to serve as such for any reason, an individual shall be appointed by the Board
of Trustees to serve as Acting Code Enforcement Officer. The Acting Code Enforcement
Officer shall, during the term of his or her appointment, exercise all powers
and fulfill all duties conferred upon the Code Enforcement Officer by this
local law.
C.
One or more inspectors may be appointed by the Board
of Trustees to act under the supervision and direction of the Code Enforcement
Officer and to assist the Code Enforcement Officer in the exercise of the
powers and fulfillment of the duties conferred upon the Code Enforcement Officer
by this local law. Each inspector 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 inspector shall obtain certification from the State Fire
Administrator pursuant to the Executive Law and the regulations promulgated
thereunder.
D.
All personnel of the Building Department shall be qualified
and appointed as prescribed by the Board of Trustees.
E.
No officer or employee of the Building Department shall
engage in any activity inconsistent with such officer's or employee's
duties or with the interests of the Building Department; nor shall such officer
or employee be engaged, directly or indirectly, in any building business,
in the furnishing of labor, material or appliances for the construction, alteration
or maintenance of a building or the preparation of plans or specifications
thereof within the Village of Floral Park; provided, however, that this provision
shall not prohibit any officer or employee from such activities in connection
with the construction of a building or structure owned by such officer or
employee and not altered or constructed for resale.
F.
In the absence of the Building Superintendent or if the
Superintendent is unable to act for any reason, the Mayor shall have the power,
with the consent of the Village Board, to designate a person to act on behalf
of the Building Superintendent and to exercise all of the powers conferred
upon the Superintendent by this Code.
A.
Except as otherwise specifically provided by law, rule
or regulation or except as otherwise provided herein, the Superintendent of
the Building Department shall be charged with the duty of administering, securing
compliance with and enforcing all provisions of the New York State Uniform
Code, this Code and all laws, rules and regulations applicable to housing,
building, construction, alteration, repair, property maintenance, removal
and demolition of buildings and structures and the installation and use of
materials and equipment therein and the location, use and maintenance thereof
and related matters and securing compliance therewith.
B.
The Superintendent may, after public notice by posting
and publication at least five days prior to the effective date thereof in
the official newspaper of the Village of Floral Park, promulgate such further
rules and regulations as the Superintendent deems reasonable to carry out
the provisions of this local law. Such rules and regulations shall not conflict
with the New York State Uniform Code, this Code or other provisions of law.
C.
The Building Department shall be authorized to conduct
surveys of buildings in any area of the Village to determine the condition
of premises, extent of deterioration, lack of facilities, inadequate maintenance,
unsafe and unsanitary conditions, extent of overcrowding, land use and other
relative factors.
D.
It shall be the duty of the Superintendent of Buildings
to:
(1)
Coordinate activities within the Building Department.
(2)
Receive applications, issue or cause to be issued, deny
and revoke building permits, certificates of occupancy, plumbers and electrician
licenses and other related permits and licenses for the erection, alteration,
removal and demolition of buildings or structures or parts thereof.
(3)
Review plans and specifications for constructions and/or
alterations.
(4)
Order, in writing, the remedying of all conditions found
to exist in or upon any premises in violation of the New York State Uniform
Code, this Code, the provisions of applicable law or the rules and regulations
adopted by the Building Department; to state in the violation order a reasonable
time limit for compliance therewith and, where necessary, to order the vacating
of premises found unfit for human habitation. Such written orders shall include,
but are not limited to, cease-and-desist orders, stop-work orders and orders
to vacate.
(5)
Review and evaluate work of Deputy Code Enforcement Officers.
(6)
Make inspections which are necessary to ensure compliance with the New York State Uniform Code or this Code, including construction inspections where a building permit has been issued, at such times during the course of construction as will permit the observation of the foundation, structural elements, electrical systems, plumbing systems, heating, ventilation and air conditioning systems, fire protection and detection systems and exit features; inspection where a certificate of occupancy or a certificate of completion is required prior to its issuance; firesafety inspections of areas of public assembly as defined in the New York State Uniform Code; and of multiple dwellings, which shall be conducted at least once per year; and inspections of all nonresidential occupancies at intervals consistent with local conditions, but not less than once every three years; provided, however, all of said fire inspections may be conducted by the Floral Park Fire Department as provided in Chapter 41 of this Code; inspections in response to bona fide complaints, which are written and signed, regarding conditions or activities allegedly failing to comply with the New York State Uniform Code; provided, however, with respect to inspections of electrical systems, the Superintendent may accept written reports of inspection from qualified officers or employees of the Building Department; and, for all other inspections, the Superintendent may accept written reports of inspection from officers or employees of the Building Department, from the Nassau County Fire Marshal, from members of the Floral Park Fire Department, provided such members are duly qualified as code enforcement officers under the New York State Uniform Code, or from generally recognized and authoritative service and inspection bureaus, provided that such reports are certified by a responsible official thereof.
(7)
Work shall remain accessible and exposed until inspected
and accepted by the Code Enforcement Officer or by an inspector authorized
by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement
Officer when any element of work is ready for inspection.
(8)
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 New York State Uniform Code
or this Code. Work not in compliance with any applicable provision of the
New York State Uniform Code or this Code shall remain exposed until such work
shall have been brought into compliance with all applicable provisions of
the New York State Uniform Code and this Code, reinspected, and found satisfactory
as completed.
E.
Where a violation of the New York State Uniform Code
or this Code exists and poses an immediate hazard or danger to the health,
safety or welfare of the public or the occupants of a building or structure,
the Building Superintendent may, upon determining that such hazard or danger
exists, require the owner or occupant of such property to remove such violation
or violations and, upon default thereof, may cause such violation or violations
to be corrected. The total cost of such correction may be assessed upon the
real property whereon such violation or violations are found and shall constitute
a lien and charge upon said real property until paid or otherwise satisfied
or discharged and shall be collected by the Village Treasurer in the manner
provided by law for the collection of delinquent taxes. Service of a notice
to remove a violation or violations may be made in the same manner as provided
for service of violation orders. The provisions of this subsection shall be
in addition to any other penalties provided by the Municipal Code of the Incorporated
Village of Floral Park.
A.
The Superintendent of Buildings shall review and investigate
written and signed complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code or this Code. The
process for responding to a complaint shall include such of the following
steps as the Superintendent of Buildings may deem to be appropriate:
(1)
Performing an inspection of the conditions and/or activities
alleged to be in violation, and documenting the results of such inspection;
(2)
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 prescribed by the
Code;
(3)
If appropriate, issuing a stop-work order;
(4)
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 violation or stop-work order may be served on the owner or operating
agent personally, or by delivering to and leaving a copy thereof with a person
on the premises of reasonable age and mailing a copy thereof to the person
named in the order at his last known place of residence, or by posting a copy
in a conspicuous place on the premises and mailing a copy thereof addressed
to the owner or operating agent at his last known place of residence.
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. The issuance of a stop-work order shall not be the exclusive remedy
available 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 this Code or
any other applicable 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.
The Building Department shall keep records of all transactions
and activities conducted by the Building Department, including all applications
received, plans approved, permits and certificates issued, fees charged and
collected, inspection reports, complaints received, violations found regarding
premises, notices and orders issued and all rules and regulations promulgated.
All such records shall be public records and shall be available for public
inspection during normal business hours.
B.
The Superintendent of Buildings shall annually submit
to the Board of Trustees a written report and summary of all business conducted
by the Superintendent of Buildings and the inspectors, including a report
and summary of all transactions and activities described in this section and
a report and summary of all appeals or litigation pending or concluded. The
Superintendent of Buildings also 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 Superintendent of Buildings 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 the Village is required to
maintain, excerpts, summaries, tabulations, statistics and other information
and accounts of the activities of the Village in connection with administration
and enforcement of the Uniform Code.
A.
Any person, firm or corporation which violates any provision of the New York State Uniform Code or any rule or regulation of the Municipal Code of the Incorporated Village of Floral Park or any rule or regulation promulgated by the Building Department or any lawful order, notice, directive or the terms of a permit or certificate issued by the Superintendent of Buildings shall be liable for a civil penalty as specified in § 99-63D of this Code.
B.
An action or proceeding in the name of the Incorporated
Village of Floral Park may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation of any provision
of the New York State Uniform Code, the Municipal Code of the Incorporated
Village of Floral Park, the rules and regulations adopted pursuant to this
local law or a violation order or to vacate the occupancy of building or structure
in the case of imminent danger to life or property. Such remedy shall be in
addition to penalties or remedies otherwise prescribed by law.
