Chapter 18
BUILDING CONSTRUCTION ADMINISTRATION
§ 18-1. Title, Enactment, Effective Date, Intent
§ 18-2. Findings
§ 18-3. Definitions
§ 18-4. Appointment of Building Inspector/Acting
Building Inspector
§ 18-5. Restrictions on Building Inspector.
§ 18-6. Duties and powers of Building Inspector.
§ 18-7.
§ 18-8. Application for building permits.
§ 18-9. Building application fees.
§ 18-10. Issuance of building permits.
§ 18-11. Term; applicability of zoning provisions.
§ 18-12. Limitations, time of construction and delivery
of material.
§ 18-13. Revocation of building permits.
§ 18-14. Stop-work orders.
§ 18-15. Certificate of occupancy.
§ 18-16. Inspection.
§ 18-17. Issuance.
§ 18-18. Temporary certificate of occupancy.
§ 18-19. Tests.
§ 18-20. Assurance of building safety.
§ 18-21. Penalties for offenses.
§ 18-22. Abatement of violations.
§ 18-23. Suspension, denial or
revocation of building permits.
§ 18-24. Costs of municipal
services to be divided.
§ 18-25. Severability and Validity
GENERAL REFERENCES
Fire prevention - See Ch. 25.
Flood damage prevention - See Ch. 28.
Planning Commission - See
Zoning - See
The New York State Building Code was adopted by resolution
of the Board
§ 18-1. Title, Enactment, Effective Date, Intent.
§ 18-2. Findings.
The
§ 18-3. Definitions
The following words and phrases when used in
this Chapter shall have the meanings respectively ascribed to them in this
section:
ALTERATION The reconfiguration of any
space, the addition or elimination of any door or window, the reconfiguration
or extension of any system, or the installation of any additional equipment.
APPLICANT Any homeowner or contractor,
builder, architect, engineer or any other person or entity who acts on behalf
of the homeowner in making an application for a building permit under this Chapter.
BUILDER OR CONTRACTOR Any person or entity
other than the homeowner who performs any work that is covered under this Chapter
on any building or structure in the
CONSTRUCTION Any work on a structure,
accessory structure or related appurtenances.
CONVERSION Change of occupancy or use of a
building or one-family structure.
EQUIPMENT All piping, ducts, vents, control
devices and other components of systems other than appliances that are
permanently installed and integrated to provide control of environmental
conditions for buildings.
LOAD-BEARING ELEMENT Any column, girder,
beam, joist, truss, rafter, wall, floor or roof sheathing that supports any
vertical load in addition to its own weight, and/or any lateral load.
MAJOR ALTERATION, RENOVATION OR REPAIR Any
alteration, renovation or repair of same or similar nature with a total cost of
$7,500 or more over any twelve month period.
MINOR ALTERATION, RENOVATION OR REPAIR Any
alteration, renovation, replacement or repair of same or similar nature with a
total cost not less than $500 or more than $7,500 over any twelve month period.
RECONSTRUCTION The reconfiguration of a
space that affects an exit, a renovation and/or alteration when the work area
is not permitted to be occupied because existing means of egress and fire
protection, or their equivalent, are not in place or continuously maintained,
or the cost of which is 50% or more of the value of the structure prior to the
start of the work.
RENOVATION The change, strengthening or
addition of load-bearing elements; and/or the removal and replacement or the
covering of existing materials, elements, equipment and/or fixtures using new
materials, elements, equipment and or fixtures that serve the same purpose
without reconfiguring the space.
REPAIR The patching, restoration and/or
minor replacement of materials, elements, components, equipment and/or fixtures
for the purposes of maintaining such materials elements, components, equipment
and/or fixtures in good or sound condition.
REPLACEMENT Replacement in similar or like
kind of some or all of the elements of a structure.
§ 18-4. Appointment of Building Inspector/
A.
The Board may appoint a Building Inspector whose compensation and term
of office shall be fixed by the Board.
B.
In the absence of the Building Inspector, or in the case of his
inability to act for any reason, the Board may appoint a person to act in his
behalf and to exercise all of the powers conferred upon him by this Chapter.
The term of appointment for the Acting Building Inspector shall not exceed eighteen
(18) months, and any reference hereinafter made to the Building Inspector shall
be deemed to include the Acting Building Inspector for the term of his
appointment. The term of the Acting Building Inspector shall terminate
automatically on the appointment of the Building Inspector.
§ 18-5. Restrictions on Building Inspector.
The Building Inspector shall not engage in
any activity inconsistent with his duties or with the interest of the Village;
nor shall he, during the term of his appointment, be engaged directly or
indirectly in any building business, in the furnishing of labor, materials or
appliances for the construction, conversion reconstruction, renovation,
replacement, alteration, repair or maintenance of a building or structure, or
the preparation of plans or specifications therefor. This provision shall not
prohibit the Building Inspector from such activities in connection with the
construction of a building or structure owned and to be occupied by him; nor
are such activities in conjunction with Village-owned buildings and structures
prohibited by this section; nor shall it prohibit any person from holding the
office of Building Inspector together with or as an additional duty to any
other appointive office of the Village.
§ 18-6. Duties and powers of Building Inspector.
A.
Except as otherwise specifically provided by law, ordinance or
regulation, or except as herein otherwise provided, the Building Inspector
shall administer and enforce all of the provisions of law, ordinances and
regulations applicable to the construction,, conversion, reconstruction,
renovation, alteration, repair, removal and demolition of buildings and
structures, and the installation and use of materials and equipment therein and
thereon and the location, use, occupancy and maintenance thereof.
B.
He shall receive applications and issue permits for the construction,
conversion reconstruction, renovation, alteration, repair, removal and
demolition of buildings and structures, and the installation and use of
materials and equipment therein and thereon 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 applicable laws, ordinances and regulations.
C.
He shall review all applications for building permits to ensure that
all necessary permits have been obtained from those federal, state or local
governmental agencies from which prior approval is required. [Added
D.
He shall verify and record the actual elevation, in relation to mean
sea level, of the lowest habitable floor of all new or substantially altered
structures at such intervals during the construction process as determined by
the building inspector at his sole discretion. [Added
E.
He shall 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. He shall make all
inspections which are necessary or proper for the carrying out of his duties.
The application for and acceptance of a building permit by an applicant shall
be deemed to be and shall be consent and permission by that applicant or the
owner for whom the applicant is working for the Building Inspector to enter the
property that is the subject of the permit for the purpose of making an
inspection of the property and work.
F.
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances and regulations, 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, the cost of which will be borne by the owner or contractor pursuant
to §18-19 of this Chapter.
G.
The Building Inspector shall keep permanent official records of all
transactions and activities conducted by him, including all applications,
together with accompanying documents as prescribed under § 18-8 (D) of this Chapter,
and copies of all permits and certificates issued. The clerk of the Village may
maintain the official records of the Building Inspector. All such records shall
be public records open for inspection during business hours.
H.
The Building Inspector shall submit annually to the Board a written
report and summary of all business conducted, including permits and
certificates issued, fees collected, orders and notices promulgated,
inspections and tests made and appeals or litigation pending.
§ 18-7.
An
§ 18-8. Application for building permits. [Amended
A.
No person or entity shall commence or continue the erection,
construction, reconstruction, enlargement, removal, improvement, demolition,
conversion, alteration, renovation or repair, or change in the nature of the
occupancy of any building or structure or appurtenance, or cause the same to be
done without first obtaining a separate building permit for each such building
or structure or appurtenance, except that no building permit shall be required
for the performance of ordinary repairs which satisfy all of the following
conditions:
(1)
The materials for which cost less than $500 in any one instance but no
more than an aggregate of $1,000 for the same or similar work over the course
of any twelve month period.
(2)
Do not effect any load-bearing element.
(3)
Do not effect sprinklers, required fire separations and exits or any
other fire safety feature.
(4)
Do not involve any additions to or enlargement of the building or
appurtenances.
(5)
Do not involve any change in the use of the building.
B.
Notwithstanding the exceptions for a building permit in subsection (A)
of this section, the following work shall require a building permit:
(1)
Installation or replacement of any windows
(2)
Installation or replacement of any exterior siding
(3)
Installation or replacement of any wood or tile flooring
(4)
Replacement of finished roofing in any 12 month period comprising more
than 25% of the area of a roof.
(5)
Installation or replacement of solar panels.
(6)
Replacement of top deck boards on any deck, platform or ramp in any 12
month period comprising more than 25% of the area of the deck, platform or ramp
.
(7)
Installation or replacement of solid fuel burning heating appliances
and associated chimneys and flues.
(8)
Installation, or extension of electrical systems or system components;
or replacement or repair of more than 25% of the existing electrical system or
system components in any twelve month period.
(9)
Installation, or extension of plumbing systems or system components; or
replacement or repair of more than 25% of the existing plumbing system or
system components in any twelve month period.
(10)
Installation of electric, oil or geothermal HVAC system or replacement
or extension of more than 25% of same.
C.
An application for a building permit shall be made to the Building
Inspector, on a form provided by him, by the owner or the builder employed in
connection with the proposed work. Chapter 18, Chapter 20, Chapter 28 and Chapter
55 of this Code, shall be deemed to the part of the submittal and shall
constitute an integral part of the building application. The application must
be signed by the owner or the builder which shall include a statement that Chapter 18, Chapter 20, Chapter 28 and Chapter
55 of this Code are understood by the applicant and the compliance to all of
the provisions thereof by the applicant is part of the conditions of the issuance of a building permit. [Amended
D.
Each application for a building permit for new construction shall be
accompanied by proof of ownership; four (4) copies of a plot survey by a
surveyor licensed by the State of New York acceptable at the sole discretion of
the Building Inspector as being sufficiently recent for the purpose of reviewing the application, on which are shown
the points of highest and lowest elevation base flood elevation in relation to
mean sea level, as defined in Chapter 28 of this Code, the height above mean
sea level of the highest point of construction as defined in §55-13 of this Code,
and the height above mean sea level of the lowest floor of any new or
substantially improved structures to be located in FIRM Zones A1-A30, AE, or
AH, or Zone A, or, the proposed elevation in relation to mean sea level of the
bottom of the lowest structural member of the lowest floor (excluding pilings
and columns) in the case of structures to be located in any new or
substantially improved structure in Zones V1-V30 or VE, or Zone V building line
and deck setbacks, the location of all contemplated structures, including but
not limited to buildings, decks, entrance walks, sewerage tank, bicycle racks,
platform or enclosure for garbage containers; and four (4) copies of plans
incorporating such construction detail as called for on the application for
building permit form and certificates of insurance as required under § 18-10D
of this Chapter.
E.
Each application for a building permit for either new construction or
for conversion reconstruction, renovation, alteration, repair, removal and
demolition of buildings and structures, or for the installation and use of
materials and equipment therein to an existing structure shall indicate:
(1)
The elevations in relation to base flood elevation applicable to the
proposed structure as provided in §18-8 (C) of this Chapter.
In the event that base flood elevation data
are unavailable a permit applicant shall comply with the provisions of
subdivision (11) of §28-13 of this Code.
(2)
Plans for walls, if any, to be used to enclose space below the base
flood level.
(3)
Such other information as the Building Inspector may, from time to
time, require to enable him to determine compliance with the provisions of this
Chapter, Chapter 20 relating to Coastal Erosion, Chapter 28, relating to flood
damage prevention, Chapter 55, relating to zoning of this Code.
F.
No variations or changes in contemplated work as covered by the
original application may take place without the prior submission of an
application amendment, payment of appropriate amendment fees and written
approval of the Building Inspector.
G.
The application for and acceptance of a building permit by an applicant
shall be deemed to be and shall be consent and permission by that applicant or
the owner for whom the
applicant is working for the Building Inspector to enter the property that is
the subject of the permit for the purpose of making an inspection of the
property and work.
§ 18-9. Building application fees.
A.
Building application fees and other charges, as the Board may from time
to time determine, shall accompany each application for a building permit.
B.
In the event that an application for a building permit is not approved,
the applicant shall be entitled to a refund of fifty percent (50%) of the fee
paid.
C.
All applications for building permits may at the sole discretion of the
Building Inspector be accompanied by a deposit in such amount as the Board
shall from time to time determine to ensure the clearance of building debris
from the site. This sum will be refunded after discarded materials have been
removed by the applicant.
D.
In the event that an application is submitted for an alteration,
construction, conversion, repair, replacement, or other work that has already
been completed or substantially completed in the sole discretion of the
Building Inspector at the time of the filing of the application, the relevant
fees for that application shall be doubled the amount that the fees otherwise
would have been.
§ 18-10. Issuance of building permits.
A.
The effective date of a building permit for new construction, conversion,
reconstruction, major alteration, renovations or repairs, replacement, removal
and demolition of buildings and
structures, and the installation and use of materials and equipment therein shall
be the date of its issuance; however, the date for commencing construction pursuant
to an issued permit, completed application for which is received after November
30 and before September 15 of the subsequent year, may be deemed to be
September 16 at the sole discretion of the Building Inspector if he determines
that there is not reasonable likelihood that the construction will be complete
pursuant to §18-12 of this Chapter. [Amended
B.
The effective commencement date and completion date of a building
permit for minor alterations, renovations or repairs shall be determined on a
case-by-case basis by the Building Inspector. [Added
C.
Upon approval of the application and upon receipt of the prescribed
fees therefor, the Building Inspector shall issue a building permit to the
applicant upon the form prescribed and shall affix his signature
thereto.[Amended
D.
Upon approval of the application, two sets of plans and specifications
shall be endorsed with the word "approved." One (1) 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 open
to inspection by the Building Inspector or his authorized representative.
E.
If the application, together with plans, specifications and other
documents filed therewith, describes proposed work which does not conform to
all of the applicable laws, ordinances and regulations, the Building Inspector
shall disapprove the same and shall return the plans and specifications to the
applicant.
§ 18-11. Term; applicability of zoning
provisions.
A.
A building permit shall authorize the commencement of work in
accordance with the application, plans and supporting papers and shall be valid
for a period of one (1) year after the date of its issuance, subject to §18-12
of this Chapter. The permit may be renewed for a maximum period of one year
from the original termination date of the permit upon application and payment
of the necessary fee that has been set by the Board for such renewals. The
renewal may only be granted by the Building Inspector if all conditions of the
original or amended permit application remain unchanged and in compliance with
the conditions of the permit.
B.
The issuance of a building permit shall not constitute a waiver,
variance or other change of the applicability of this Chapter or of Chapter 20
relating to Coastal Erosion , or of Chapter 28, relating to flood damage
prevention, or of Chapter 55, relating to zoning, of this Code, which Chapters
shall remain in full force and effect notwithstanding the issuance of any
permit. [Amended
§ 18-12. Limitations, time of construction and delivery
of materials.
A.
No work relating to any construction, conversion, reconstruction, renovation,
replacement, alteration or repair of any portion of any building, structure or
appurtenance outside the enclosed areas of any building or structure or parts
thereof, or relating to any removal and demolition of buildings and structures
or parts thereof, or relating to the installation and use of materials and
equipment on the exterior of buildings or structures or parts thereof, may commence, continue or otherwise be
performed from 5:00 p.m. on the Friday preceding Memorial Day through September
15 of any year, without written exception of this section by the Building
Inspector for extenuating circumstances or emergency repairs issued at the sole
discretion of the Building Inspector. For the purposes of this section, all
pilings and any portion of any exterior building wall, roof, deck, privacy wall,
platform, ramp, exterior staircase or fencing are deemed to be construction outside
the enclosed areas of any building or structure or parts thereof. [Amended
B.
Interior finishing work may be continued within any building that is
enclosed by finished exterior walls and roofs, and whose interior walls, floors
and all construction outside the enclosed areas, including decks, walls and any
other platforms are complete in their entirety, or have received a written
exception to subsection (A) of this section, provided that all such interior
finish work must be completed no later than 5:00 p.m. June 15, and then only
within the enclosed area, and only between the hours of 8:00 a.m. and 5:00 p.m.
on Monday through Friday. [Amended
C.
No building materials for use in construction,, conversion
reconstruction, renovation, replacement, alteration, repair, removal and
demolition of buildings and structures, and the installation and use of
materials and equipment therein or thereon shall be delivered to the site
between the Friday preceding Memorial Day of any year and September 15 of the
same year, except such materials as, in the opinion of the Building Inspector,
constitute finishing materials allowed in subsection (B) of this section, or
for use in work allowed by a written exception as provided in subsection (A) of
this section, or for use in emergency repair for which a proper building permit
was issued by the Building Inspector. No materials shall be delivered at any
time for any work that would require a building permit pursuant to §18-8 of
this Chapter unless a building permit has been formally issued and is in the
possession of the builder or homeowner at the time of such delivery.
D.
Each builder, contractor, plumber or electrician who applies for a
permit pursuant to this Chapter or is engaged in construction within the
village, must have in force, at the start of such activities and maintained
throughout the period that the permit is in effect or extended:
(1)
[Amended
(a)
Personal injury, five hundred thousand dollars ($500,000) per injured
person and seven hundred and fifty thousand dollars ($750,000) per accident;
(b)
Property damage, five hundred thousand dollars ($500,000) per accident.
(2)
Workmen's compensation and disability benefits insurance as required by
the laws of the State of
(3)
A valid Home Improvement license from the Licensing Bureau of the
Suffolk County Division of Consumer Affairs.
(4)
For plumbers and electricians, a valid license from the relevant
licensing agency having jurisdiction for those trades.
The name of the
insurance carrier or carriers and policy number or numbers shall be stated on
the application for a building permit and certificates of coverage filed with
the application. Such insurance policies must provide for notice to the Village
prior to cancellation thereof.
E.
[Added
(1)
A fully charged five-pound or larger ABC fire extinguisher approved by
Underwriters' Laboratories, Inc., from the time that lumber or any other
inflammable material is brought to the building site; and
(2)
A fully charged fifteen-pound or larger ABC fire extinguisher approved
by Underwriters' Laboratories, Inc., whenever any flammable liquids, including
but not limited to gasoline, kerosene, contact cement, oil paint, paint
thinner, varnish and solvents, are used or stored on the construction site.
F.
The New York State Uniform Fire Prevention and Building Code currently
in effect and as periodically amended and approved by the Department of State will
govern the use of building materials, methods and standards, except that the
Building Inspector may require stricter standards which in his opinion are
deemed appropriate to the physical or other needs of the village, which
standards will be contained in the building permit. [Amended
G.
Except as provided for in subsection §36-4 A of this Code, no outdoor
construction of any kind shall be permitted within the village on weekends from
May 1 through the Columbus Day weekend, in any year without written exception
to this section from the Building Inspector at his sole discretion for
extenuating circumstances or emergency repairs. For purposes of this
subsection, "weekend" shall be construed as including Saturday and
Sunday, plus the Monday or Friday designated as a holiday on the Memorial Day,
Fourth of July, Labor Day and Columbus Day weekends. In the event that May 1
shall fall on a Sunday, the provisions of this subsection shall have effect on
the Saturday, April 30, in such year. [Added
§ 18-13. Revocation of building permit.
The Building Inspector may revoke or suspend a
building permit theretofore issued and approved where he finds that:
A.
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.
The building permit was issued in error and should not have been issued
in accordance with the applicable law.
C.
The work performed under the permit is not being completed in
accordance with the provisions of the application, plans or specifications.
D.
The person to whom a building permit has been issued fails or refuses
to comply with a stop-work order issued by the Building Inspector.
E.
The contractor fails to maintain insurance as specified in §18-12 (D)
of this Chapter.
F.
The contractor or owner fails to comply with any provision of this Chapter.
§ 18-14. Stop-work orders.
Whenever the Building Inspector has
reasonable grounds to believe that work on any building or structure is being completed
or undertaken in violation of applicable 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 person shall
forthwith stop such work and suspend all building activities until the
stop-work 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 the 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
to the owner of record and the contractor or builder.
§ 18-15. Certificate of occupancy.
A.
No buildings, structures or appurtenances hereafter erected shall be
used or occupied in whole or in part until a certificate of occupancy or
temporary certificate of occupancy shall have been issued by the Building
Inspector.
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 thirty (30) days after the
completion of the alteration or work unless a certificate of occupancy or
temporary 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 authorizing such change shall have
been issued by the Building Inspector.
D.
The Building Inspector shall have the power to withhold the issuance of
any certificate of occupancy pending the removal of building debris and
discarded materials from the building site. If, in the opinion of the Building
Inspector, the continued presence of such materials constitutes a hazard to
health and safety, he may cause such material to be removed and the deposit
required under § 18-9C of the Chapter shall be forfeited. This remedy shall be
in addition to any other remedy permitted by law and these ordinances.
E.
The owner or his agent shall make application for a certificate of
occupancy. This application 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 the law governing building construction except insofar
as variations therefrom have been legally authorized. Such variations shall be
specified in the application. Such application shall also include any survey,
inspection certificate or any other documentation that the Building Inspector
deems necessary to complete his review of the application for certificate of
occupancy.
§ 18-16. Inspection.
A.
Before issuing a certificate of occupancy, the Building Inspector shall
examine 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.
B.
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.
C.
The application for and acceptance of a building permit by an applicant
shall be
deemed to be and shall
be consent and permission by that applicant or the owner for
whom the applicant is
working for the Building Inspector to enter the property that
is the subject of the
permit for the purpose of making an inspection of the property
and work.
§ 18-17. Issuance.
A.
When, after final inspection, it is found that the proposed work has
been completed in accordance with the applicable 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 laws, ordinances and regulations.
B.
A certificate of occupancy shall be issued, where appropriate, within a
reasonable time, and in no event more than sixty (60) days after application
therefor is made.
C.
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 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.
§ 18-18. Temporary certificate of occupancy.
Upon request, the Building Inspector may
issue a temporary certificate of occupancy for not more than 90 days for a
building or structure, or part thereof, before the entire work covered by the
building permit shall have been completed, provided that the applicant provides
documentation to the satisfaction of the Building Inspector indicating that such
portion or portions as have been completed may be occupied safely without
endangering life or the public welfare. At the sole discretion of the Building
Inspector, the temporary Certificate of Occupancy may be extended for no more
than two additional 90 day periods. Such certificate or extension shall state
the length of time such structure may be occupied before a final certificate of
occupancy is issued. All temporary Certificates of Occupancy in effect as of
§ 18-19. Tests.
Whenever there are reasonable grounds to
believe that any material, construction, equipment or assembly does not conform
with the requirements of the applicable laws, ordinances and regulations, the
Building Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance, and the owner and or contractor shall bear
the cost of such tests.
§ 18-20. Assurance of building safety.
A.
All buildings or structures which are not provided with adequate egress
or are structurally unsafe, unsanitary or otherwise dangerous to human life, or
which in relation to existing use constitute a hazard to safety or health by
reason of inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally, for the purpose of this section, unsafe buildings. All such
unsafe buildings 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 record of such
examination. Upon the showing of proper credentials and in the discharge of his
duties he may enter any building, structure or premises at any reasonable hour,
and no person shall interfere with or prevent such entry.
C.
Whenever the Building Inspector shall find any building, structure or
portion thereof to be an unsafe building as defined in this section, he shall,
in the same manner as provided for the service of stop-work orders in § 18-12
of this Chapter, give to the owner, agent or person in control of such building
or structure written notice stating the defects thereof. This notice shall
require the owner within a stated time either to complete specified repairs or
improvements, or to demolish and remove the building, structure or portion
thereof.
D.
If the Building Inspector finds that there is actual and immediate
danger of 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 Inspector. The Building Inspector shall cause to
be posted at each entrance to such building a notice stating "This
Building Is Unsafe and Its Use or Occupancy Has Been Prohibited by the Building
Inspector." Such notice shall remain posted until the required repairs are
made or demolition is completed. It shall be unlawful for any person 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.
E.
In case the owner, agent or other person in control cannot be located,
or if such owner, agent or person in control shall fail, neglect or refuse to
comply with a notice to repair, rehabilitate or to demolish and remove said
building, structure or portion thereof, the Village Attorney shall be advised
of all the facts in the case and shall institute an appropriate action in the
courts to compel compliance.
F.
In cases of emergency which in the opinion of the Building Inspector
involve immediate danger to human life or health, he shall promptly cause such
building, structure or portion thereof to be vacated, 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 village or private way.
G.
Costs incurred under subsections E and F of this section shall be paid
out of the Village treasury on certificate of the Building Inspector. Such
costs shall be charged to the owner of the premises involved and shall be
collected in the manner provided by law.
§ 18-21. Penalties for offenses.
A.
It shall be unlawful for any person or entity to perform any portion of
any construction, conversion, reconstruction, renovation, alteration, repair,
removal and demolition of buildings and structures, and the installation and
use of materials and equipment therein and thereon of buildings or structures
or parts thereof in violation of any provision 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 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.
B.
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, building, 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 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, upon conviction,
be punishable as provided in §1-13 of this Code.
C.
This section shall not apply to violations of the provisions of the
State Building Construction Code punishable under Section 385 of the Executive
Law of the State of
D.
Each and every violation or offense of this Chapter shall be punishable
by a fine or two hundred and fifty dollars ($250) or such higher amount as may
be permissible by law, and each and every day that a violation or offense
exists shall constitute a separate violation and offense of this Chapter which
shall be punishable by a separate and continuing fine or other penalty.
E. The
issuance of a violation or assessment of a penalty or the issuance or
commencement of any other prosecution or criminal proceeding by the
Village shall not be deemed to be and
shall not constitute a waiver of civil or equitable remedies or an exclusive
election of remedy by the Village and
the Village may additionally or alternatively pursue civil and or equitable
remedies with regard to any violation or offense of this Chapter at any time.
§ 18-22. Abatement of violations.
Appropriate actions and proceedings may be
taken at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a building,
structure or premises or to prevent illegal acts, conduct or business in or
about any premises; and these remedies shall be in addition to the penalties
prescribed in the preceding section.
§ 18-23. Suspension, denial or revocation of building
permits. [Added
The Board may authorize the Building
Inspector to suspend, deny or revoke any and all building permits issued to or
requested by any applicant or issued to, or requested by applicant which
applicant is, at the time of such issuance or request, in violation of any of
the provisions of this Code, or who shall have failed to abate any such
violations upon previous order of the Board, Building Inspector or
determination of the Village Zoning Board of Appeals. The fee for any permit so
suspended, denied or revoked shall be returned and such suspension, denial or
revocation shall remain in effect until such time as the Board or the Building
Inspector determines that any conditions occasioning such violation(s) have
been cured or removed, at which time reapplication for such permit or permits
shall be accepted.
§ 18-24. Costs of municipal services to be divided.
[Added
From the date of adoption of this section,
all costs for the provision of municipal services to newly constructed housing
within the village, including but not limited to walks and water lines, shall
be borne by the Village and the benefited home- or property-owners in the
following proportions: one-third (1/3) of the total payable by the Village, and
two-thirds (2/3) payable in equal amounts by all affected owners. Property
owners who incur a benefit from such installation and construction shall be
liable for payment of their equal share of the two-thirds (2/3) of the total
costs even though such owners' properties may be unimproved at the time of such
installation and construction. Costs shall be calculated to include all labor,
materials, and any other expenses related to said construction. The Board may,
at its discretion, permit payment by the affected owners to be made in equal
installments over such period as the Board shall determine.
§ 18-25. Severability and Validity
In the
event that any portion or portions of this Local Law of 2006 shall be
determined to be invalid or unenforceable for any reason, the remainder of the
Local Law, and its provisions shall remain in full force and effect.