[Amended 6-8-1994 by L.L. No. 2-1994; 3-8-2000 by L.L. No. 1-2000]
A.
Except as provided in § 70-14, it shall be unlawful to construct, alter, repair, remove or demolish or to commence the construction, alteration, repair, removal or demolition of a building or structure without first filing with the Building Inspector an application in writing and obtaining a permit therefor.
B.
In addition, it shall be unlawful to alter, change,
add to or remove from any site soil or other material which will result
in any deviation from the original grade of the property.
A.
An application for a permit shall be submitted in
such form as the Building Inspector may require.
B.
Such application shall be made by the owner or lessee,
or agent of either, or the architect, engineer or builder employed
in connection with the proposed work. If such application is made
by a person other than the owner in fee, it shall be accompanied by
a duly verified affidavit of the owner in fee or the person making
the application that the proposed work is authorized by the owner
in fee and that the person making the application is authorized to
make such application. Where the work costs more than $5,000 or the
building has more than 15,000 cubic feet of volume or where the work,
in the opinion of the Building Inspector, may involve the structural
safety of the building, the plans shall be prepared by a registered
architect or a registered engineer, or under his supervision, and
shall bear his certificate and official seal.
C.
Such application shall contain the full names and
addresses of the applicant and of the owner and, if the owner is a
corporate body, of its responsible officers.
D.
Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Building Inspector for the intelligent understanding of the proposed work. It shall contain a certificate that the proposed work complies with all of the provisions of this chapter, Chapter 212, Zoning, and all other applicable statutes, ordinances, local laws, rules and regulations, any exceptions being specifically noted.
[Amended 4-13-1988 by L.L. No. 5-1988]
F.
Applications for permits shall be accompanied by such
drawings of the proposed work drawn to scale, including floor plans,
sections, elevations and structural details, as the Building Inspector
may require.
G.
There shall also be filed a plot plan or diagram in
a form and size suitable for filing permanently with the permit records,
drawn to scale, with all dimensions figured showing accurately the
size and exact location of all proposed new constructions or, in the
case of demolition, of such construction as is to be demolished and
of all existing buildings and structures that are to remain.
Nothing in §§ 70-11 through 70-15 shall prohibit the filing of amendments to an application or to a plan or other record accompanying the same at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
Ordinary repairs to buildings or structures, which do not involve structural changes and which do not affect matters of health or safety, may be made without filing an application or obtaining a permit; but such repairs shall not include the cutting away of any wall or portion thereof, the removal or cutting of any beams or supports or the removal, change or closing of any stairway or required means of exit and shall not include any alterations affecting the application of Chapter 212, Zoning.
Nothing in this chapter shall require changes
in the plans, construction or designated use of a building or structure
for which a lawful permit has been heretofore issued or which has
been otherwise lawfully authorized and the construction of which shall
have been actually begun within 90 days after this chapter becomes
effective and which entire building shall be completed, as authorized,
within two years thereafter.
A.
It shall be the duty of the Building Inspector to
examine the applications for permits within a reasonable time after
filing and payment of the fees hereinafter provided. If, after examination,
he finds no objection to the same and it appears that the proposed
work will be in compliance with the laws, ordinances and regulations
applicable thereto and the proposed construction or work will be safe,
he shall approve such application and issue a permit for the proposed
work as soon as practicable. If his examination reveals otherwise,
he will reject such application, noting his findings in a report to
be attached to the application and sending a copy to the applicant.
B.
Nothing in §§ 70-16 through 70-23 shall be construed to prevent the Building Inspector from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for said part and have been found to comply with Articles I and II.
No permit to move a building or structure shall
be granted until notice of application therefor shall have been given
to the owners of land adjoining the lot or parcel to which said building
or structure is to be moved and to the owners of poles, wires or other
impediments, the temporary removal of which will be necessary, and
until an opportunity has been given said owners to be heard upon such
application, nor until a bond in a sum fixed by the Building Inspector
has been filed with the Village to cover all damage to public property
and to indemnify and save harmless the Village for damages and claims
for damages arising out of the work. The Building Inspector may designate
the route to be covered, the hours of moving and the portions of the
streets to remain unobstructed and may impose such other conditions
as he may deem advisable. He is hereby authorized to deny the permit
if he determines that the moving of the building or structure would
cause excessive injury or inconvenience to the public or to the Village.
All work performed under a permit issued by the Building Inspector shall conform to the approved application and plans and approved amendments thereof. The location of all new construction, as shown on the approved plat diagram or an approved amendment thereof, shall be strictly adhered to. The work shall comply with all the requirements of this chapter and of Chapter 212, Zoning.
Every permit issued under the provisions of
this chapter shall be signed by the Building Inspector.
[Amended 1-9-2020 by L.L. No. 1-2020]
A.
Building permits for major construction projects.
(1)
Building permits for major construction projects shall expire six
months after their date of issuance unless the Superintendent of Buildings,
or the Superintendent's designee, determines that:
(a)
In the case of a new building, structure or addition, the permit
holder has made substantial progress on the construction of the foundation
and framing for the project; or
(b)
In the case of reconstruction or interior renovation not involving
a new foundation, the permit holder has made substantial progress
on the framing for the project.
(2)
If the Superintendent finds that there has been substantial progress
in the work, the building permit shall continue to be valid for 24
months from the date of issuance. For purposes of this subsection,
"major construction" shall mean:
(a)
Construction of a new building or structure; or
(b)
Alteration to an existing building or structure which changes
the certificate of occupancy by:
[1]
Adding or expanding the building or structure; and/or
[2]
Converting the building or structure from commercial to residential
use, or vice versa; and/or
[3]
Changing the specific use(s) of the building or structure; and/or
[4]
Adding a dormer to a residence; and/or
[5]
Increasing the maximum occupancy of a building, structure, or
space therein.
(3)
Ambiguity as to whether a project qualifies as a major construction
project shall be resolved by the Superintendent of Buildings.
B.
Building permits for minor construction projects shall expire six
months after their date of issuance unless the Superintendent of Buildings,
or the Superintendent's designee, determines that the permit holder
has made substantial progress toward completion of the work. If the
Superintendent finds there has been substantial progress in the work,
the building permit shall continue to be valid for one year from the
date of issuance. For purposes of this subsection, "minor construction"
shall mean the alteration of an existing building or structure that
does not change the certificate of occupancy, use or maximum occupancy
therefor, but which requires multiple forms or separate areas of work.
Ambiguity as to whether a project qualifies as a minor construction
project shall be resolved by the Superintendent of Buildings.
C.
A permit issued for plumbing, drainage, air-conditioning, ventilation,
refrigeration or electrical work shall expire six months from the
date of issuance unless issued in conjunction with a building permit
for major construction or minor construction, in which case the permit
shall be subject to the same expiration date(s) as the major or minor
construction permit.
D.
Notwithstanding the above, a permit issued pursuant to this chapter
may be additionally extended for up to six months at a time upon written
application to the Building Department made within 30 days before
the then-current permit expiration date. It shall be the obligation
of the permit holder alone to monitor the expiration date of their
permit and to contact the Building Department in advance of that date
to apply for an extension.
(1)
The Superintendent of Buildings shall review each application for
extension and shall grant same if the Superintendent finds that:
(2)
No permit extension shall be granted unless and until the permit
holder pays a permit extension fee to the Building Department. A permit
which has expired without extension or for which all permitted extensions
have been exhausted shall require submission of a new permit application
and payment of all applicable application fees.
E.
All permits issued pursuant to this chapter shall require a close
out inspection, which shall also be a prerequisite to issuance of
a certificate of occupancy, certificate of completion or any other
certification or approval for the permitted work. A permit holder's
failure to properly close out or extend a permit prior to its expiration
shall result in forfeiture of the permit deposit and shall constitute
a violation of this chapter which, upon conviction, shall be punishable
by a fine of $1,500 for a first offense, $3,000 for a second offense
occurring within 18 months of a first offense, and $5,000 for a third
or subsequent offense occurring within 18 months of a first offense.
F.
Continuation of work after a permit has expired shall constitute
a violation of this chapter for performance of work without a permit.
A copy of the permit shall be kept on the premises,
open to public inspection during the prosecution of the work and until
the completion of the same. The Building Inspector may require a certified
copy of the approved plans to be kept on the premises at all times
from the commencement of the work to the completion thereof.
No permit issued under this chapter shall be
assignable or transferable.
A.
The Building Inspector may suspend a permit or approval issued under the provisions of this chapter in case he shall be satisfied that there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based or that any of the work has been or is about to be performed or materials furnished which do not comply with this chapter or with the terms of the permit or that, in any respect, the provisions of this chapter or of Chapter 212, Zoning, have been violated or have not been complied with.
B.
The Building Inspector shall report the matter to
the Board of Trustees at its next regular meeting, and the holder
of the permit so suspended shall have the opportunity to appear before
the Board of Trustees at said meeting or at some other time fixed
by the Board. The Board of Trustees may thereupon continue the suspension
of such permit or approval until the holder has complied with all
matters giving rise to such suspension, or, in its discretion, the
Board of Trustees may revoke the permit.
The fees for a building permit for the construction,
alteration or repair of a building or other structure, including plumbing
and incidental structures, and the fees for other permits required
by this chapter shall be as specified in Chapter A219, Fees, of this
Code of the Village of Lawrence.
No building or structure hereafter constructed
shall be occupied or used, in whole or in part, until a certificate
of occupancy shall have been issued by the Building Inspector, certifying
that such building or structure conforms to the provisions of this
chapter.
No building or structure hereafter enlarged
or extended or so altered, wholly or in part, as to change its classification,
and no building hereafter altered for which a certificate of occupancy
has not been heretofore issued, shall be occupied or used, in whole
or in part, until a certificate of occupancy shall have been issued
by the Building Inspector, certifying that the work for which the
permit was issued has been completed in accordance with the provisions
of this chapter, provided that, if the occupancy or use of such building
was not discontinued during the work of alteration, the occupancy
or use of the building shall not continue for more than 30 days after
completion of the alterations unless such certificate shall have been
issued.
In addition to the certification as to compliance with the provisions of this chapter, such certificate may, if warranted by the facts, also contain the matters required for a certificate of occupancy under Chapter 212, Zoning, and, in such case, the certificate of occupancy shall constitute the certificate of occupancy required both by this chapter and by Chapter 212, Zoning.
A certificate of occupancy shall be issued within
five days after written application therefor if the building, at the
time of such application, shall be entitled thereto, Copies of a certificate
of occupancy shall be furnished, on request, to persons having a proprietary
interest in the building.
No change of occupancy or use shall be made
in a building hereafter constructed or altered that is not consistent
with the last issued certificate of occupancy for such building, unless
a permit is secured.
Application for a certificate of occupancy shall
be made to the Building Inspector. In the case of a multiple dwelling,
a business structure or an industrial structure, and in any other
case where the plans accompanying the application for a building permit
are required to be made or authenticated by a licensed architect or
a licensed professional engineer, the application for a certificate
of occupancy shall be accompanied by the affidavit of a licensed architect
or licensed professional engineer who supervised the construction
work or by the affidavit of a superintendent of construction who supervised
the construction work and who has had at least 10 years' experience
in supervising building construction work, which affidavit shall be
to the effect that the deponent has examined the approved plans of
the structure for which the certificate of occupancy is sought and
that, to the best of his knowledge and belief, the structure has been
erected or altered in accordance with the approved plans and, as erected
or altered, complies with the statutes, ordinances, rules and regulations
governing building construction or use, except insofar as variances
therefrom have been legally authorized, such variances to be specified
in the affidavit.
In the case of a building or structure completed
prior to the adoption of this chapter, the Building Inspector shall,
if so requested by the holder of a permit and if the facts warrant,
issue a certificate to the effect that the building or structure has
been completed in conformity with the provisions of this chapter and
indicating the use or uses to which such structure may thereafter
be put and to what extent.
When a certificate is specifically required
by a provision of this chapter for an installation, alteration, repair
or removal of an elevator or elevator equipment, plumbing, gas piping,
electric wiring, heating system or other installation, it shall be
unlawful to use or permit the use thereof until the appropriate certificate
has been issued.
[Amended 1-8-2009 by L.L. No. 1-2009]
A.
Unlawful acts. It shall be deemed a public nuisance and unlawful for any person to violate the terms of this section by maintaining a building, structure or surrounding property in a condition adverse to the public health, safety and welfare as specified in Subsection B of this section.
B.
ABANDON or ABANDONMENT
(1)
(2)
(3)
(4)
(5)
(6)
BUILDING
PUBLIC NUISANCE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Existing where the owner of a building or premises has by
action or inaction failed to correct a serious health and/or safety
violation at a building or on the surrounding property. A serious
health and/or safety violation may be found, by way of example only
and without limitation, where the health, safety and welfare of the
community is or may be at risk due to conditions such as:
Where a building is vacant. However, vacancy
is not necessarily to be considered a prerequisite to a finding of
abandonment.
Where there exists a lack of maintenance of
a building or grounds which actually or potentially poses a risk to
the public health, safety or welfare.
Where a building is not structurally sound or
where the building or its interior is otherwise unfit for healthy
or safe habitation or access.
Where vandalism at the property has gone unrepaired.
Where a lack of maintenance or use of the property
promotes a degradation of the surrounding community affecting the
public health, safety and welfare.
Where a building may now be or shall become
dangerous or unsafe or a fire hazard or health hazard.
Any structure as defined within Chapter 212, Zoning, of the Code of the Village of Lawrence which is used or intended to be used for residential or any other use.
A building or property which constitutes a menace to the
public health, welfare, or safety, or which is structurally unsafe,
unsanitary, or not provided with adequate and safe ingress or egress,
or which constitutes a fire hazard, or which may otherwise be dangerous
to human safety, or which in relation to existing uses constitutes
a hazard to the public health, welfare or safety by reason of inadequate
maintenance, dilapidation, obsolescence or abandonment.
C.
Determination of public nuisance.
(1)
Investigation. The Building Inspector or his or her
designee within the Building Department shall be responsible for the
investigation of all properties or complaints concerning conditions
creating a public nuisance as defined within this section.
(2)
Determination. Upon complaint or other notification, the Building Inspector shall order a field examination of the site to determine whether a public nuisance exists as defined in Subsection B of this section.
(3)
A building declared structurally unsafe may be restored
to safe condition, provided that if the cost of reconstruction or
restoration is in excess of 50% of the value of the building, as shown
upon the records of the Tax Assessor, such building shall be made
to conform to the requirements for buildings hereafter erected, but
no change of use or occupancy shall be compelled by reason of any
such reconstruction or restoration.
(4)
In case there shall be, in the opinion of the Building
Inspector, actual or immediate danger of the falling of a building
so as to endanger life or property, he or she shall cause the necessary
work to be done to render said building, or part thereof, temporarily
safe or to demolish said building, or part thereof, whether the procedure
prescribed in this section has been instituted or not.
(5)
When a building is in an unsafe condition so that
life is endangered thereby, the Building Inspector may order and require
the occupants to vacate same forthwith. He or she may, if he or she
deems it necessary for the public safety, temporarily close sidewalks,
streets, buildings, and places adjacent to such buildings and prohibit
same from being used.
(6)
Order to comply. Should the Building Inspector, after
inspection and investigation, find that a public nuisance exists at
any building or property, he or she shall cause to be issued a written
notification, served personally or by regular and certified mail addressed
to the property owners as their names and addresses are shown upon
the records of the Tax Assessor. The notification shall declare the
property to be a public nuisance, and cite the conditions found constituting
the nuisance. Notification shall order the property owner to comply.
The notice shall allow the property owner a specific and reasonable
period of time as determined by the Building Inspector, not to exceed
30 days (unless extended in writing within the sound discretion of
the Building Inspector) for the correction of all listed nuisances.
(7)
Compliance or appeal by the property owner. The property
owner shall, after notice as stated above, complete all actions required
to abate any nuisance as determined by the Building Inspector within
the time period prescribed. Should the property owner contest the
decision of the Building Inspector, an appeal in writing may be filed
with the Village Clerk at any time prior to the expiration of 30 days
from the date of mailing of the notice as specified above. Further
action otherwise required pursuant to the terms of this section may
be stayed upon timely request, pending the resolution of appeal pending
before the Village Clerk.
D.
Procedure upon failure to achieve certified notice.
Should the Building Inspector not affect personal service or not receive
confirmation of the receipt of a written certified notification within
10 days of the mailing, he or she shall cause a notification to be
posted in a conspicuous place on the property to which it relates
for three successive days. After the third day of advertisement, proper
notice shall be deemed to have been provided.
E.
Contents of notice by publication. The notice by publication
prescribed herein shall include the address, section, block and lot
number of the property cited as a public nuisance and the name of
the property owner as listed on the Tax Assessor's records. Also included
shall be a listing of the conditions found to create a public nuisance
and the corrective action to be taken to eliminate the public nuisance.
Should no notification be received by the Building Inspector from
the property owner after the third day of posting and should no appeal
to the declaration of a public nuisance be filed with the Village
Clerk within the time prescribed, the Building Inspector may then
cause to be corrected all of those conditions which create a public
nuisance under the terms of this section or the matter may be referred
to the Village Attorney for pursuit of any other or further remedy
deemed appropriate.
F.
Correction by Village; lien for expenses. Upon failure
to the owner of the premises found in violation of this section to
remedy the conditions existing in violation of the requirements hereof
within 30 days after mailing or personal service of notice to do so,
then the Building Inspector shall proceed to have such conditions
remedied, and the cost thereof shall be and become a lien against
such property to the same extent and character as a lien for real
estate taxes and with the same penalties and interest and with the
same rights of collection, foreclosure, sale and forfeiture as obtained
for tax liens.
G.
Filing of lien. Upon final determination of a violation
of the provisions of this section, the Building Inspector shall deliver
a certified copy thereof and of the notice to the Village Clerk and
the Village Clerk shall place the same on record as a lien against
the property described therein. It shall also be the duty of the Building
Inspector to file such other and further certificates as to work done
and amounts due and/or paid as the circumstances may require.
H.
Assessment of costs. Upon completion of the required work by the Village as provided in Subsection F, notice thereof and of the cost assessed therefor shall be given to the owner in the same manner as prescribed for notices of violation and the same assessed shall be due and payable 30 days after such notice of completion and cost, unless such assessment shall be appealed to the Village Clerk prior to the expiration of such thirty-day period.
I.
Appeal of assessment of costs. Any such person shall
have the right to appeal the assessment of costs within 30 days of
service of notice thereof. Such appeals shall be taken to the Village
Clerk.
The Village Attorney shall institute appropriate
actions against the owner of the premises where the unsafe building
or structure was located for the recovery of the expenses incurred
by the Building Inspector or by the Village in the performance of
such emergency work.
A.
Whenever the Building Inspector is satisfied that
a building or structure, or any work in connection therewith, the
construction, alteration, repair, demolition or use of which is regulated,
permitted or forbidden by this chapter, is being constructed, altered,
repaired, demolished or used in violation of the provisions or requirements
of this chapter or in violation of a detailed statement or plan submitted
and approved hereunder or of a permit certificate issued hereunder,
he may serve a written notice or order upon the person responsible
therefor, directing discontinuance of such illegal action and the
remedying of the condition that is in violation of the provisions
or requirements of this chapter.
B.
In case such notice or order is not promptly complied
with, the Building Inspector shall request the Village Attorney to
institute an appropriate action or proceeding, at law or in equity,
to restrain, correct or remove such violation of the execution of
work thereon or to restrain or correct the construction, alteration,
repair or use of or to require the removal of or to prevent the occupation
or use of the building or structure constructed, altered, repaired
or used in violation of or not in compliance with the provisions of
this chapter or with respect to which the requirements thereof, or
of any order or direction made pursuant to provisions contained therein,
shall not have been complied with.
C.
Whenever, in the opinion of the Building Inspector,
by reason of defective or illegal work in violation of a provision
or requirement of this chapter, the continuance of a building operation
is contrary to public welfare, he may order, either orally or in writing,
all further work to be stopped and may require suspension of work
until the condition in violation has been remedied.
D.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine up to a maximum of $1,000 or by imprisonment for a term not
exceeding 15 days, or by both such fine and imprisonment. The continuation
of an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
[Added 4-13-1988 by L.L. No. 5-1988; amended 9-11-2002 by L.L. No. 5-2002]
In case of any conflict in relation to the location of structures and uses, the provisions of Chapter 212, Zoning, shall apply.
The Building Inspector may adopt and apply the
standards and methods approved by the American Society for Testing
and Materials.
During a building operation, including excavation
and preliminary work, construction, alteration, repair or demolition,
the owner or person doing or causing the work to be done shall, unless
released by the Building Inspector, erect and maintain along the street
lines of the building, structure or lot, during such building operation
and as long as any hazard shall exist, a substantial fence not less
than eight feet high. Such fence shall be built solid for its full
length except for such openings, provided with sliding doors or doors
swinging inwards, as may be necessary for the proper prosecution of
the work.
A.
In the demolition of buildings, all rubbish, wreckage
and debris shall be forthwith removed and disposed of.
B.
All cellars, wells, holes or other excavations which
may remain on the premises after the completion of the work shall
be forthwith filled to grade with clean earth or gravel and shall
be evenly leveled off.
This chapter shall not relieve the holder of
any building permit heretofore issued from any requirements under
such permit, and the work under such building permit shall be performed
in the same manner and to the same extent as if this amendment to
this chapter had not been adopted.
[Added 6-11-1968 by Ord. No. 210; amended 10-12-1971 by Ord. No. 222; 9-13-1995 by L.L. No. 11-1995; 4-9-2003 by L.L. No. 2-2003]
The following provisions shall apply to all heating, ventilation and air-conditioning equipment other than individual window units: In all districts, as now or hereafter established by Chapter 212, Zoning, the location of all heating, ventilation and air-conditioning equipment shall be approved by the Building Inspector; provided, however, that said provisions shall not prevent the maintenance and use of heating, ventilation and air-conditioning equipment legally installed before the effective date of this section.
[Added 4-12-1977 by L.L. No. 4-1977]
All elevators now located or hereafter installed
in any building within the Village shall have, as standard equipment
therein, mirrors in the rear of the elevator in order to make the
interior of the elevator visible prior to entry into such elevator.
