Town of Mount Pleasant, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 3-25-1969 as Ch. 8 of the 1969 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Elevators and other automatic equipment — See Ch. 88.
Excavations and topsoil removal — See Ch. 96.
Fire prevention — See Ch. 104.
Flood damage prevention — See Ch. 108.
Freshwater wetlands — See Ch. 111.
Plumbing standards — See Ch. 157.
Property maintenance — See Ch. 162.
Occupancy standards for places of public assembly — See Ch. 164, Art. I.
Signs — See Ch. 176.
Zoning — See Ch. 218.
Fees — See Ch. A224.
Subdivision regulations — See Ch. A227.
A. 
There is hereby established in the Town of Mount Pleasant a Department, to be designated as the "Building Department," for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy. removal and demolition of buildings and structures and their appurtenances located in the Town of Mount Pleasant, except as to such matters as shall be provided for in the Building Zone Ordinance of the Town and amendments thereto.[1]
[1]
Editor's Note: See Ch. 218, Zoning.
B. 
The Department of Buildings shall be headed by a Town official designated as the Building Inspector.
[Amended 3-13-2001 by L.L. No. 1-2001]
[Amended 3-13-2001 by L.L. No. 1-2001]
The Building Inspector shall be appointed by the Town Board to serve at the pleasure of the Board at a compensation to be fixed by the Town Board.
[Amended 3-13-2001 by L.L. No. 1-2001]
The Town Board may appoint one or more Construction Inspectors, as the need may appear, to exercise pursuant to the provisions of this chapter any or all of the duties of the Building Inspector. The compensation of such Construction Inspectors shall be fixed by the Town Board.
No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department, nor shall be, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Mount Pleasant, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him.
A. 
The Building Inspector shall:
[Amended 3-13-2001 by L.L. No. 1-2001]
(1) 
Receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the laws, ordinances and regulations governing building construction. Attached to such application at time of receipt shall be a building permit issued under the Building Zone Ordinance of the Town of Mount Pleasant.
(2) 
Issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations.
(3) 
Make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from Construction Inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
B. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies, at the expense of the applicant.
[Amended 3-13-2001 by L.L. No. 1-2001]
A. 
The Building Inspector shall keep permanent official records of all transactions and activities of the Building Department, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.
B. 
The Building Inspector shall monthly submit to the Town Board a written report and summary of all business conducted by the Building Department, including permits, and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
A. 
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Department for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
B. 
Application for a building permit shall be made to the Building Inspector on forms provided by the Building Department and shall contain the following information:
[Amended 3-13-2001 by L.L. No. 1-2001]
(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 and the square feet of floor area involved.
(4) 
The full name and address of the owners and of the applicant and the names and addresses of their responsible officers if any of them are corporations.
(5) 
A brief description of the nature of the proposed work.
(6) 
A duplicate set of plans and specifications as set forth in Subsection D of this section.
(7) 
Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws. ordinances and regulations.
(8) 
A copy of the building permit issued for the premises under the Building Zone Ordinance.
(9) 
An affidavit of estimated cost setting forth separately the cost of materials and labor and further setting forth the sources from which the information relative thereto was obtained.
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. 
Plans and specifications.
(1) 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications and shall include a plot plan, 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 lot lines and, where required by the Building Inspector, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys and details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.
[Amended 3-13-2001 by L.L. No. 1-2001]
(2) 
Plans and specifications shall bear the signature of person responsible for the design and drawings.
E. 
Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.
[Amended 3-13-2001 by L.L. No. 1-2001]
[Amended 3-13-2001 by L.L. No. 1-2001]
A. 
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of the application and upon receipt of the legal fees therefor, he shall 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; provided, however, that prior to the issuance of the building permit, the plumbing permit, if any, required for the structure shall be exhibited to the Building Inspector.
C. 
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Department of Buildings, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
D. 
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the building official shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
[Amended 3-13-2001 by L.L. No. 1-2001; 11-11-2003; 6-26-2012]
A. 
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of one year after the date of issuance. For a good cause the Building Inspector may allow a maximum of two extensions for periods not exceeding six months each. There shall be a fee of $300 for each such extension. Upon the expiration of any second extension period there shall be no further extension of the permit and a new permit shall be required. Upon the issuance of any new permit, all permit fees applicable shall be required without credit for any fees paid under the expired permit.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications, except that no building permit shall be valid insofar as it authorizes the performance of work or the use of materials which are not in accordance with the requirements of the applicable building regulations.
C. 
The legalization of construction performed without the necessary permits requires the Building Inspector to determine if work performed is in accordance with all applicable building laws, ordinances or regulations. There shall be a fee per legalization required as set forth in Chapter A224, Fees, for legalizations.
[Amended 3-26-1985; 4-9-1985; 3-13-2001 by L.L. No. 1-2001; 11-11-2003]
A. 
Upon the filing of an application for a building permit, the building permit fees set forth in Chapter A224, Fees, shall be payable.
B. 
Upon completion of the work, the applicant shall file with the Building Inspector an affidavit of actual cost and shall pay an excess fee thereby shown to be due.
C. 
Other fees.
(1) 
There shall be a fee as set forth in Chapter A224, Fees, for search of records.
(2) 
There shall be a fee as set forth in Chapter A224, Fees, for verification of survey where no certificate of occupancy is available. Said fee shall include the issuance of either a conforming or nonconforming certificate of occupancy.
[Amended 3-13-2001 by L.L. No. 1-2001]
The Building Inspector may revoke a building permit theretofore issued and approved 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, plans or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the applications, plans or specifications.
D. 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
[Amended 3-13-2001 by L.L. No. 1-2001]
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such 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 under construction and sending a copy of the same by registered mail.
Any employee of the Department of Buildings, upon the showing of proper credentials and in the discharge of his duties. may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.
[Amended 3-13-2001 by L.L. No. 1-2001]
A. 
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. No such certificate shall be issued prior to the filing of an affidavit of actual cost.
B. 
No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.
C. 
No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy shall have been issued by the Building Inspector.
D. 
A fee as set forth in Chapter A224, Fees, shall be charged for the issuance of a certificate of occupancy.
A. 
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 that 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.
[Amended 3-13-2001 by L.L. No. 1-2001]
B. 
There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violations of the law.
A. 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
[Amended 3-13-2001 by L.L. No. 1-2001]
B. 
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
[Amended 3-13-2001 by L.L. No. 1-2001]
A. 
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. Occupancy shall not continue for more than three months under a temporary certificate of occupancy.
B. 
A fee as set forth in Chapter A224, Fees, shall be charged for a temporary, certificate of occupancy.
[Amended 3-13-2001 by L.L. No. 1-2001]
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance, at the applicant's expense.
A. 
All buildings or structures which may now be or shall hereafter become dangerous or unsafe to the public or are otherwise dangerous to human life are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.
B. 
The Building Inspector shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written report of such examination, a copy of which shall be filed with the Town Board.
[Amended 3-13-2001 by L.L. No. 1-2001]
C. 
Whenever the Building Inspector shall find any building or structure or portion thereof to be unsafe or dangerous, he shall, in the manner and form provided in § 130, Subdivision 16, of the Town Law, give to the owner, his legal representative, agent, lessee or person in control of such building or structure written notice personally or by registered mail containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring that the same be made safe and secure or removed within a stated time. Such correction of the unsafe condition shall be started within five days from receipt of such notice and shall be completed with all reasonable dispatch.
[Amended 3-13-2001 by L.L. No. 1-2001]
D. 
If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The Building Inspector shall cause to be posted at each entrance to such building a notice: "THIS BUILDING IS UNSAFE, AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING DEPARTMENT." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or their agents or other servants, to remove such notice without written permission of the Building Inspector, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
[Amended 3-13-2001 by L.L. No. 1-2001]
E. 
In case the owner, his legal representative, agent, lessee or person in control shall fail, neglect or refuse to comply with notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the Building Inspector shall report the same to the Town Board, who shall name an architect. Such architect, together with the Building Inspector and, if the person notified as hereinafter provided shall so desire, a practical builder, engineer or architect appointed by such person, shall make a survey of the premises and a report thereon. Notice of the intention to make such survey shall be given personally or by registered mail to the owner, his legal representative, agent, lessee or person in control of the building or structure, and such notice shall state that in the event the building or other structure shall be reported unsafe or dangerous under such survey, an application will be made at a special term of the Supreme Court in the Ninth Judicial District for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. The Building Inspector shall post a signed copy of the report of the survey on the building.
[Amended 3-13-2001 by L.L. No. 1-2001]
F. 
Thereafter, in cases of emergency which, in the opinion of the Building Inspector, involve imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way.
[Amended 3-13-2001 by L.L. No. 1-2001]
G. 
Costs, including the reasonable compensation of the surveyor, incurred under Subsections E and F of this section, shall be paid out on certificate of the Building Inspector. All costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing or securing, said building or structure shall be assessed against the land on which said building or structure is located and, if not paid at or prior to the levy of the next succeeding Town tax, shall be extended by the Supervisor against such property in addition to the Town tax to be levied therein.
[Amended 3-13-2001 by L.L. No. 1-2001]
A. 
It shall be a misdemeanor for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this ordinance or to fail in any manner to comply with a 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 an approved building permit or certificate of occupancy.
[Amended 3-13-2001 by L.L. No. 1-2001]
B. 
Any person who shall fail to comply with a written order of the Building Department within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building, who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Department made thereunder, shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $500 or 30 days in jail, or both. Each day that a violation continues shall be deemed a separate offense. Any construction work performed without a building permit is subject to double the building permit fee.
[Amended 10-10-2017]
C. 
The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter or any provision thereof, notwithstanding the provisions hereof for a penalty or other punishment for such violation.
D. 
This section shall not apply to violations of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of the State of New York: nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.
[Amended 3-13-2001 by L.L. No. 1-2001]