[HISTORY: Adopted by the Town Board of the Town of Lewisboro 11-21-2006 by L.L. No.
2-2006. Amendments noted where applicable.]
[Amended 6-18-2009 by L.L. No. 3-2009]
A.
Title. This chapter, together with the New York State Uniform Fire
Prevention and Building Code, shall be known and cited as the "Lewisboro
Building Code."
B.
Purpose. This chapter is hereby declared to be remedial and shall
be construed to secure the beneficial interests and purposes thereof,
which are the public good, safety, health and welfare, through sound
design, structural stability, adequate means of ingress and egress,
a reasonable measure of security to life and property from the hazards
of fire, provision for adequate light, heat and ventilation, proper
disposal of sewage and assurance of a potable water supply.
C.
Conformance required. No building or other structure shall hereafter
be enlarged, converted, altered, repaired, changed in elevation, removed
or demolished, nor shall the equipment of any building, structure
or premises hereafter be constructed, installed, altered, repaired,
removed or demolished, except in full conformity with the provisions
of this chapter and the State Uniform Fire Prevention and Building
Code. It shall be unlawful to maintain, occupy or use any building,
premises or structure, or part thereof, that has been erected or altered
to move in violation of the provisions of this chapter and the State
Uniform Fire Prevention and Building Code or changed in use or type
of occupancy without compliance with its provisions.
D.
Applicability. The provisions of this chapter apply fully to buildings
or structures whether on land or over water and to construction such
as retaining walls, swimming pools, boundary walls and fences, signs,
poles, and radio masts.
E.
Outstanding
violations. No permit, certificate or approval shall be issued pursuant
to this chapter if there is an outstanding violation or unpaid fine
with regard to the property that is the subject of such application.
Notwithstanding the above, a permit, certificate or approval may be
issued to specifically address an outstanding violation or to address
an immediate hazardous condition in the interest of the health, safety
and welfare of the community. In the case of unpaid fines, no application
shall be processed until such fine is paid.
[Added 11-9-2020 by L.L. No. 9-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
A mound or bank of earth, used especially as a barrier or
to provide insulation.
[Added 6-18-2009 by L.L. No. 3-2009]
The Town official appointed pursuant to § 92-3 of this chapter.
[Added 6-18-2009 by L.L. No. 3-2009]
A permit issued pursuant to § 92-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
A certificate issued pursuant to § 92-7B of this chapter.
The Town of Lewisboro.
The Building Inspector appointed pursuant to § 92-3B of this chapter.
The Building Inspector and all his deputies.
An order issued by the Code Enforcement Officer pursuant to § 92-15A of this chapter.
An open mesh-type fence constructed of a plastic or metallic
threaded network or grid commonly used to protect gardens and shrubbery
from deer and other large animals.
[Added 6-18-2009 by L.L. No. 3-2009]
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
A permanent artificially constructed barrier of any material
or combination of materials erected to enclose, screen or separate
areas. For the purposes of this chapter, the term "fence" shall not
be construed to mean a split-rail fence, deer fence, wall, berm or
hedge, as those terms are defined herein.
[Added 6-18-2009 by L.L. No. 3-2009]
A row of bushes or small trees planted close together.
[Added 6-18-2009 by L.L. No. 3-2009]
An inspector appointed pursuant to § 92-3D of this chapter.
A permit issued pursuant to § 92-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
A type of fence constructed out of timber logs split lengthwise
into rails.
[Added 6-18-2009 by L.L. No. 3-2009]
An order issued pursuant to § 92-6 of this chapter.
A certificate issued pursuant to § 92-7 of this chapter.
The Town of Lewisboro.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
A permanent structure forming a physical barrier that is
constructed so that the vertical surface is closed. The material of
which a wall is constructed may be masonry, brick, concrete, metal,
wood or similar materials. For the purposes of this chapter, the term
"wall" shall not be construed to mean a fence, berm or hedge.
[Added 6-18-2009 by L.L. No. 3-2009]
[Amended 6-18-2009 by L.L. No. 3-2009]
A.
The office of Building Inspector is hereby created, and the Building
Inspector shall be appointed by the Town Board in accordance with
the regulations of the Civil Service Law, subject to good behavior
and competent service. To be eligible for appointment, the Building
Inspector shall be informed with respect to the proper use of construction
materials and shall have practical experience in construction. The
appointee shall meet the standards for the position as established
by the Codes Division of the New York State Department of State. The
Building Inspector shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy and operating permits, and the
plans, specifications and construction documents submitted with such
applications.
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy and operating permits, and to include in building permits,
certificates of occupancy and operating permits such terms and conditions
as the Building Inspector may determine to be appropriate.
(3)
To conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy and operating permits,
firesafety and property maintenance inspections, inspections incidental
to the investigation of complaints, and all other inspections required
or permitted under any provision of this chapter.
(4)
To issue stop-work orders.
(5)
To review and investigate complaints.
(7)
To maintain records.
(8)
To collect fees as set by the Town Board of this Town.
(9)
To pursue administrative enforcement actions and proceedings.
(10)
In consultation with this Town's attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Uniform Code, the
Energy Code and this chapter, or to abate or correct conditions not
in compliance with the Uniform Code, the Energy Code or this chapter.
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter.
B.
The Building Inspector shall be appointed by the Supervisor with
the approval of the Town Board. The Building Inspector shall possess
background experience related to building construction or fire prevention
and shall, within the time prescribed by law, obtain such basic training,
in-service training, advance in-service training and other training
as the State of New York shall require for code enforcement personnel,
and the Building Inspector shall obtain certification from the State
Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C.
In the event that the Building Inspector is unable to serve as such
for any reason, an individual shall be appointed by the Town Board
to serve as Acting Building Inspector. The Building Inspector shall,
during the term of his or her appointment, exercise all powers and
fulfill all duties conferred upon the Building Inspector by this chapter.
D.
One or more inspectors may be appointed by the Town Board to act
under the supervision and direction of the Building Inspector and
to assist the Building Inspector in the exercise of the powers and
fulfillment of the duties conferred upon the Building Inspector by
this chapter. Such inspectors shall, within the time prescribed by
law, obtain such basic training, in-service training, advanced in-service
training and other training as the State of New York shall require
for code enforcement personnel, and each inspector shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and
the regulations promulgated thereunder.
E.
The compensation for the Building Inspector and other inspectors
shall be fixed from time to time by the Town Board.
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, including retaining walls, swimming pools, boundary walls and fences, signs, poles, radio masts, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
[Amended 6-18-2009 by L.L. No. 3-2009]
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 64
square feet;
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;[1]
(4)
Construction of temporary motion-picture, television and theater
stage sets and scenery;
(5)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(6)
Installation of partitions or movable cases less than five feet nine
inches in height;
(7)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(8)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(9)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(10)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a load-bearing wall, partition,
or portion thereof, or of any structural beam or load-bearing component;
(b)
The removal or change of any required means of egress; or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. The application shall be signed by
the owner of the property where the work is to be performed or by
an authorized agent of the owner. The application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that the intended
work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied
by the following information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least three sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Code Enforcement Officer shall issue a building permit if the
proposed work is in compliance with the applicable requirements of
the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be performed in accordance with construction documents. All
work shall be performed in accordance with the construction documents
which were submitted with and accepted as part of the application
for the building permit. The building permit shall contain such a
directive. The permit holder shall immediately notify the Code Enforcement
Officer of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Code Enforcement
Officer determines that such change warrants a new or amended building
permit, such change shall not be made until and unless a new or amended
building permit reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within three months following the date of issuance.
Building permits shall expire 18 months after the date of issuance,
except that certain projects may receive a six-month extension, if
reasonable, in the sole discretion of the Building Inspector. A building
permit which has become invalid or which has expired pursuant to this
subsection may be renewed for a period of 12 months upon application
by the permit holder, payment of the applicable fee, and approval
of the application by the Code Enforcement Officer. The first renewal
of a permit shall cost the same as the cost of the initial permit
plus 25% additional cost for each and every permit. The second renewal
of a permit shall cost double the fee of the first renewal of the
permit. The third renewal of a permit shall cost triple the fee of
the first renewal of the permit. The fourth renewal of a permit shall
cost quadruple the fee of the first renewal of the permit. Each renewal
after the fourth renewal shall cost the same fee as the fourth renewal.
Building permits may be renewed without a fee for units in a multifamily
residential development that remain incomplete due to the fact that
the items remaining to be completed are to be selected by a purchaser
of such unit, as long as such unit is being actively marketed for
sale.
[Amended 6-18-2009 by L.L. No. 3-2009; 12-2-2013 by L.L. No. 11-2013; 5-18-2015 by L.L. No. 2-2015]
J.
Revocation or suspension of building permits. If the Code Enforcement
Officer determines that a building permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates the Uniform Code or
the Energy Code, the Code Enforcement Officer shall revoke the building
permit or suspend the building permit until such time as the permit
holder demonstrates that all work then completed is in compliance
with all applicable provisions of the Uniform Code and the Energy
Code and all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy
Code.
K.
Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-16, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
L.
Hours of operation. No person shall conduct any operations under
a permit issued pursuant to the this chapter or under the New York
State Uniform Fire Prevention and Building Code between the hours
of 7:00 p.m. and 7:00 a.m., nor at any time on Sunday, except in an
emergency and then only under authority of a special approval issued
by the Building Inspector, unless such operations are conducted within
an entirely closed structure and in such manner as not to become objectionable
or deleterious to the health or welfare of the community or surrounding
property owners. The owner of the property and any contractor, agent,
person or corporation engaged in connection with a violation of this
subsection shall each be guilty of a separate offense. Violation of
this subsection may also be considered grounds for suspension or revocation
of the permit for the premises involved by the Building Inspector
under other sections of this chapter or of the New York State Uniform
Fire Prevention and Building Code.
[Added 6-18-2009 by L.L. No. 3-2009]
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9)
Energy Code compliance;
(10)
Construction inspection by the Code Enforcement Officer as he may
deem necessary; and
(11)
A final inspection after all work authorized by the building permit
has been completed.
C.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall be in writing,
be dated and signed by the Code Enforcement Officer, state the reason
or reasons for issuance, and, if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by registered mail or certified
mail. The Code Enforcement Officer shall be permitted, but not required,
to cause the stop-work order, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work affected by the stop-work order, personally or by
registered mail or certified mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 92-15, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy required. A certificate of occupancy shall
be required for any work which is the subject of a building permit
and for all structures, buildings, or portions thereof which are converted
from one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy.
B.
Issuance of certificates of occupancy. The Code Enforcement Officer
shall issue a certificate of occupancy if the work which was the subject
of the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer shall inspect the building, structure or
work prior to the issuance of a certificate of occupancy. In addition,
where applicable, the following documents, prepared in accordance
with the provisions of the Uniform Code by such person or persons
as may be designated by or otherwise acceptable to the Code Enforcement
Officer, at the expense of the applicant for the certificate of occupancy,
shall be provided to the Code Enforcement Officer prior to the issuance
of the certificate of occupancy:
C.
Contents of certificates of occupancy. A certificate of occupancy
shall contain the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name, address and Tax Map number of the property;
(4)
If the certificate of occupancy is not applicable to an entire structure,
a description of that portion of the structure for which the certificate
of occupancy is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The assembly occupant load of the structure, if any;
(8)
If an automatic sprinkler system is provided, a notation as to whether
the sprinkler system is required;
(9)
Any special conditions imposed in connection with the issuance of
the building permit; and
(10)
The signature of the Code Enforcement Officer issuing the certificate
of occupancy and the date of issuance.
D.
Revocation or suspension of certificates. If the Code Enforcement
Officer determines that a certificate of occupancy was issued in error
because of incorrect, inaccurate or incomplete information, and if
the relevant deficiencies are not corrected to the satisfaction of
the Code Enforcement Officer within such period of time as shall be
specified by the Code Enforcement Officer, the Code Enforcement Officer
shall revoke or suspend such certificate.
The chief of any fire department providing fire-fighting services
for a property within this Town shall promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter 94 of the Code of the Town of Lewisboro, as now in effect or as hereafter amended from time to time.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but not limited
to commercial and industrial operations which produce combustible
dust as a by-product, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board of the Town of Lewisboro.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall be issued
for such period of time, not to exceed one year in the case of any
operating permit issued for an area of public assembly and not to
exceed three years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. The
effective period of each operating permit shall be specified in the
operating permit. An operating permit may be reissued or renewed upon
application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspections of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance or regulation adopted for administration
and enforcement of the Uniform Code or the Energy Code. The process
for responding to a complaint shall include such of the following
steps as the Code Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 92-15, Enforcement; penalties for offenses, of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all code enforcement
personnel, including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, stop-work orders,
and operating permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(9)
All fees charged and collected.
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Code Enforcement Officer shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 92-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of this Town, on a form prescribed by the Secretary
of State, a report of the activities of this Town relative to administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer shall, upon request of the New York
State Department of State, provide to the New York State Department
of State, from the records and related materials this Town is required
to maintain, excerpts, summaries, tabulations, statistics and other
information and accounts of the activities of this Town in connection
with administration and enforcement of the Uniform Code.
A.
Compliance orders. The Code Enforcement Officer is authorized to
order, in writing, the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
shall issue a compliance order. The compliance order shall be in writing;
be dated and signed by the Code Enforcement Officer; specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
chapter; specify the provision or provisions of the Uniform Code,
the Energy Code, or this chapter which is/are violated by the specified
condition or activity; specify the period of time which the Code Enforcement
Officer deems to be reasonably necessary for achieving compliance;
direct that compliance be achieved within the specified period of
time; and state that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time. The Code Enforcement Officer shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail or certified mail. The Code
Enforcement Officer shall be permitted, but not required, to cause
the compliance order, or a copy thereof, to be served on any builder,
architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by registered
mail or certified mail; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and each inspector
are authorized to issue appearance tickets for any violation of the
Uniform Code.
C.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of the Uniform Code, the
Energy Code or this chapter, or any term or condition of any building
permit, certificate of occupancy, stop-work order, operating permit
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter, shall be liable to a civil penalty
of not more than $200 for each day or part thereof during which such
violation continues. The civil penalties provided by this subsection
shall be recoverable in an action instituted in the name of this Town.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Town, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
stop-work order, operating permit, compliance order, or other notice
or order issued by the Code Enforcement Officer pursuant to any provision
of this chapter. In particular, but not by way of limitation, where
the construction or use of a building or structure is in violation
of any provision of the Uniform Code, the Energy Code, this chapter,
or any stop-work order, compliance order or other order obtained under
the Uniform Code, the Energy Code or this chapter, an action or proceeding
may be commenced in the name of this Town, in the Supreme Court or
in any other court having the requisite jurisdiction, to obtain an
order directing the removal of the building or structure or an abatement
of the condition in violation of such provisions. No action or proceeding
described in this subsection shall be commenced without the appropriate
authorization from the Town Board of this Town.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 92-6, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 92-6, Stop-work orders, of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
[Amended 6-18-2009 by L.L. No. 3-2009]
A.
Fees shall be in accordance with the Fee Schedule adopted by the
Town Board of the Town of Lewisboro.
B.
Permits are required for bona fide nonprofit groups, such as religious,
charitable and educational organizations. Where exemptions are consistent
with provisions applicable to taxes generally, no fee is required.
C.
The fact that an organization is merely nonprofit does not necessarily
exempt it from payment of fees.
The Town Board of this Town may, by resolution, authorize the
Town Supervisor of this Town to enter into an agreement, in the name
of this Town, with other governments to carry out the terms of this
chapter, provided that such agreement does not violate any provision
of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.
[Added 6-18-2009 by L.L. No. 3-2009]
A.
It shall be unlawful to conduct any blasting operations without having
first obtained a permit for the same from the Building Inspector.
Persons securing permits for blasting shall use the utmost care and
caution to prevent excessive shock waves or stones or debris or other
material from flying and endangering life and property. Immediately
after loading and tamping each hole, and before firing the blast,
except in the case of authorized ditching or drainage operations,
the material to be blasted shall be covered completely on all exposed
surfaces with a strong woven matting or rope or wire and timber cribbing,
held securely together by chains or steel wire cables. After the material
has been thus covered, the blast shall be fired without unnecessary
delay. All blasting shall be done by means of approved detonators.
No person shall conduct such blasting operations between 7:00 p.m.
and 7:00 a.m. nor at any time on Sunday, except in an emergency and
then only under authority of a special approval issued by the Building
Inspector. The blasting of material contiguous to any building or
other structure or pipeline shall be conducted so as not to cause
any damage thereto. All blasting shall be under the direct supervision
of persons approved and licensed by New York State.
B.
The Building Inspector shall not issue a permit for blasting unless
the applicant has filed with the Building Inspector a certificate
of insurance evidencing comprehensive general liability insurance
on an occurrence basis insuring against bodily injury and property
damage in the amount of at least $1,000,000 by an insurance carrier
licensed by the Insurance Department of the State of New York, said
certificate to include the Town of Lewisboro as an additional named
insured. The applicant shall also file evidence of payment of the
premium for said insurance coverage.
[Added 6-18-2009 by L.L. No. 3-2009]
It shall be unlawful to start any work under a permit issued
pursuant to the provisions of this chapter until the prescribed fees
for the same shall have been paid and before the full name and correct
address of the owner has been filed. The fee to be charged for a building
permit shall be based upon the estimated cost of the work and materials
for the new building or other structure to be erected or of the repairs,
alterations or additions to an existing building or other structure,
and shall include the costs of all mechanical equipment, plumbing,
heating, air conditioning, electrical work, water supply, sewerage
and sewage disposal plants appurtenant thereto and the cost of excavation,
filling and grading and shall include the value of all labor. In the
event of an appreciable discrepancy between the estimate cost and
the actual construction costs, the latter shall apply, and the amount
of fee charges shall be adjusted when a certificate of occupancy is
issued.
[Added 6-18-2009 by L.L. No. 3-2009]
It shall be unlawful to reduce or diminish the area of a lot
or plot, a diagram of which has been filed and used as the basis for
a permit, unless a new or revised plot diagram clearly showing all
new boundary lines and existing structures and the proposed changes
in all conditions shall have been filed and formally approved by the
Planning Board; provided, however, that this shall not apply when
the lot area or plot is reduced by reason of a street extension or
widening or other public improvement.
[Added 6-18-2009 by L.L. No. 3-2009]
All other laws, ordinances, resolutions and regulations, or
parts of laws, ordinances, resolutions and regulations, less restrictive
in their provisions or otherwise in conflict or in duplication of
the provisions of this chapter are hereby superseded.
