This chapter shall be enforced by the enforcement officer designated by the Board of Trustees in Chapter 25 of this Municipal Code.
A.
Required. No structure shall be erected or altered until a building permit has been issued therefor by the enforcement officer as provided in Chapter 495 in this Municipal Code.
B.
Board of Trustees approval. As provided in this chapter, certain
uses can only be authorized by the granting of a special use permit
approved by the Board of Trustees. Until such authorization is granted,
the enforcement officer shall not issue a building permit.
C.
Zoning Board of Appeals approval. As provided in this chapter, certain uses can only be authorized by the granting of a special use permit or variance by the Zoning Board of Appeals in the manner prescribed in § 550-57. Until such authorization is granted, the enforcement officer shall not issue a building permit.
D.
Planning Board approval. As provided for in this Municipal Code and
the Village Law, certain applications can only be authorized by the
Planning Board. Until such authorization is granted, the enforcement
officer shall not issue a building permit.
[Added 5-11-2005 by L.L. No. 1-2005]
E.
Reimbursable expenses. No building permit shall be issued pursuant
to the provisions of this article until all expenses incurred by the
Planning Board, the Zoning Board and the Board of Trustees for consultation
fees (including but not limited to engineering, architectural and
legal) or other expenses which, at the sole discretion of the Board
of Trustees, are necessary in connection with the review of a site
plan shall have been reimbursed to the Village by the applicant. At
the time of application, and throughout the review process, the applicant
shall deposit with the Village Clerk such amount to cover such fees
and extraordinary expenses as shall be established, from time to time,
by resolution of the Board of Trustees. In instances where such expenses
are minimal, the requirement for reimbursement of expenses may be
waived by resolution of the Board of Trustees.
[Added 5-11-2005 by L.L. No. 1-2005]
A.
No building or structure shall be occupied or used by any person or persons unless a current certificate of occupancy shall have been first obtained from the enforcement officer after approval and authorization of the Board of Trustees as provided in Chapter 495 of this Municipal Code.
B.
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 enforcement officer.
C.
The owner or his or her agent shall make application for a certificate of occupancy as provided in Chapter 495 of this Municipal Code.
D.
In the case of any change in the use or type of occupancy, or in
the case of any new construction, or in the case of any alteration,
modification, reconstruction, addition or other change to an existing
building or structure subject to the terms of this or any other regulation,
law or local law of the Village or of the State of New York, no certificate
of occupancy shall be issued, or amended, before the enforcement officer
shall have examined or caused to be examined all buildings, structures
and sites for which an application has been filed.
E.
In the case of any request for a duplicate or copy of any certificate
of occupancy previously issued by the Village, no such duplicate or
copy shall be issued before an inspection of the premises covered
or alleged to be covered by such certificate has been made and completed
by the enforcement officer and a certificate of compliance, based
on such inspection, has been first issued to the applicant therefor.
F.
In the case of any request for a duplicate or copy of a certificate
of occupancy, where the premises, and any buildings or structures
thereon, was improved prior to the issuance of such certificate by
the Village, no letter in lieu of such certificate and/or certificate
of continued use shall be issued before an inspection has been made
in accordance with the preceding subsections and a certificate of
compliance, based on such inspection, has first been issued to the
applicant therefor.
G.
Every certificate of occupancy issued under the provisions of this
section, and every letter in lieu thereof issued in its place and
stead in the event that no such certificate was required by law at
the time a subject parcel was improved by habitable buildings or structures
presently erected thereon, shall indicate on the face thereof that
no reliance may be placed on the legal validity of same after 90 days
from the date of issuance appearing thereon, unless and until such
certificate or letter has been revalidated by the enforcement officer.
Revalidation shall be made only after application in writing, on forms
supplied by the Village, on and after an inspection and issuance of
a certificate of compliance by the enforcement officer. Such revalidation,
if any, shall be good for 90 days from the date of issuance.
H.
In the event that an inspection required by this section reveals
violation of any provision of this Municipal Code or of the State
Uniform Fire Prevention and Building Code, or of any other building,
plumbing or zoning regulation applicable in the Village, then a notice
of violation shall be issued to the owner of the premises, and the
owner shall have 15 days to remove or correct such violation, or,
failing same, his or her application for any certificate under the
provisions of this section shall be denied and a summons or appearance
ticket issued for such violation. The issuance of any such summons
or appearance ticket shall automatically suspend any certificate of
occupancy previously issued to or for the premises and shall nullify
any certificate of compliance previously issued by the enforcement
officer. A notice to such effect shall be served upon or mailed (certified
mail, return receipt requested) to the owner of record of such premises
within five business days of the issuance of any such summons or appearance
ticket and shall be entered into the property records for such premises
maintained by the Village.
I.
Any building or structure which is altered, enlarged, reconstructed or modified and for which change an amended certificate of occupancy shall be required under the provision of this section or any provision of law or this Municipal Code or rules or regulations of the Village shall not be used or occupied until the enforcement officer has issued a temporary certificate of occupancy therefor or, in the event of his or her refusal to issue same for reason of safety, until the issuance of the certificate of compliance required by this section. The enforcement officer is hereby authorized to issue any such temporary certificate of occupancy, as provided in Chapter 495 of this Municipal Code.
J.
Applications for a certificate of occupancy, a duplicate thereof,
or for a letter in lieu thereof, as the case may be, shall be made
on forms provided therefor by the Village Clerk's office. Such application
shall be accompanied, at the time of filing, by an application and
inspection fee in the amount as determined by resolution of the Board
of Trustees and by a copy of an up-to-date property survey or, in
lieu thereof, a copy of an existing survey updated by a survey inspection.
K.
In the event that any person other than the owner of the premises
shall apply for a certificate required by this section, such person
shall provide satisfactory evidence that he or she is acting as the
attorney in fact or lawful agent of the actual owner or shall submit
an authorization from the owner, duly executed and acknowledged by
him or her, stating that the other person is authorized to act on
his or her behalf. Absent such evidence, in form satisfactory to the
Village Clerk at the time of applying therefor, no application for
the processing of such certificates shall be filed or accepted by
the Village.
L.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform with any regulation
or rule or the Village of Mineola Municipal Code, the enforcement
officer may require the same to be subjected to tests, at the owner's
expense, in order to furnish proof of such compliance.
M.
Anything herein to the contrary notwithstanding, an owner, anyone
acting on behalf of the owner or any other person shall be entitled
to obtain a photocopy of a previously issued certificate of occupancy,
certificate of compliance or letter in lieu thereof as a copy of a
public record; provided, however, that in such event the Village Clerk
shall endorse on said photocopy a statement indicating that no reliance
may be placed on the legal validity of said certificate or letter,
as the case may be, from the date of original issuance appearing thereon,
unless and until such certificate or letter has been revalidated by
the enforcement officer, as provided in this section.
A.
General standards. The Board of Trustees, after notice and public
hearing, may issue special use permits, when same are authorized in
this chapter, after considering the following general standards as
applied to a specific application:
(1)
The purpose of zoning, as set forth in the Village Law of the State
of New York, and uses permitted in the district in which the property
is located.
(2)
Whether the proposed use is of such character, size, location, design
and site layout as to be appropriate to and in harmony with the surrounding
properties.
(3)
Whether the proposed use will provide a desirable service, facility
or convenience to the area or otherwise contribute to the proper growth
and development of the community and to its general welfare.
(4)
Whether the proposed use will be hazardous, conflicting or incongruous
to the immediate neighborhood by reason of excessive traffic, assembly
of persons or vehicles or proximity to travel routes or congregations
of children, pedestrians or others.
(5)
Whether the proposed use will be of such nature as to be objectionable
to nearby residential dwellings by reason of noise, lights, vibration,
odor, size, color or other factors of impact.
(6)
Whether the proposed use will be a harmonious use in the district
in which it is to be situated or will hinder or discourage the appropriate
use and development of adjacent uses or impair the value thereof.
In addition to the foregoing, the location and size of a proposed
use in a business or industrial district, the nature and intensity
of the operations proposed and the site layout and its relation to
access streets shall be considered by the Board to determine whether
the vehicular traffic resulting from such use will be more hazardous
than the normal traffic of this district, taking into account such
factors as street intersections, traffic flow, sight distances and
pedestrian traffic.[1]
(7)
The conservation of property values and the encouragement of the
most appropriate uses of land.
(8)
The availability of adequate and proper public or private facilities
for the treatment, drainage, removal or discharge of sewage, refuse
or other effluent, whether liquid, solid, gaseous or otherwise, that
may be caused or created by or as a result of the use.
(9)
Whether the use will cause disturbing emission of electrical discharges,
dust, light, vibration or noise.
B.
Before an application for a special use permit may be heard by the
Board of Trustees, a complete and accurate list of the names and addresses
of the owners of all the lands within a radius of 200 feet of the
property affected by such application as appears on the latest completed
assessment roll of the County of Nassau shall be submitted simultaneously
with the application, if the property affected by such application
is residentially zoned property used or is property to be used for
residential purposes up to and including a two-family use. If the
property affected is used or is proposed to be used for other than
a one- or two-family use, a complete and accurate list of the names
and addresses of the owners of all the lands within a radius of 400
feet of such property as appears on the latest completed assessment
roll of the County of Nassau shall be submitted simultaneously with
the application. The applicant shall send, by First-Class United States
Mail, to each owner shown on the applicable list, no less than 10
nor more than 20 days before the date set for a hearing upon this
application, a notice addressed to such owners signed by the applicant,
generally identifying the property affected thereby and setting forth
the use requested and the date, hour and place fixed by the Board
of Trustees for a hearing thereon. Before such case may be heard by
the Board of Trustees, the applicant must file with the Village Clerk,
not later than five days prior to the hearing date, an affidavit of
the mailing of such notice as herein provided, said affidavit to be
made on forms to be provided by the Board of Trustees. This provision
shall likewise apply to any application for the extension of a temporary
special use permit.
[Amended 7-18-2001 by L.L. No. 5-2001; 12-9-2015 by L.L. No.
8-2015]
C.
Granting of special use permits. If the Board of Trustees shall determine
that the special use permit will conform to the general character
of the neighborhood to which the proposed use will apply and that
the public health, morals, safety and general welfare of such neighborhood
will be secure by the granting of issuance of such use, subject to
the safeguards imposed by the Board, then the Board of Trustees shall
authorize the issuance of a special use permit. Such special use permit
may be granted for a temporary period or permanently, as determined
by the Board, and, if granted for a temporary period, application
for extension of same will be subject to a public hearing as required
in the original application.
D.
Denial of permits. If the Board of Trustees finds that an application
for a special use permit as provided for in this chapter will not
conform to the general character of the neighborhood to which the
proposed use will apply, and that the public health, morals, safety
and general welfare of such neighborhood will not be secured by granting
such special use permit, then the Board of Trustees shall deny such
application.
E.
Denial of extension of special use permit. If, upon an application
for extension of a special use permit, the Board of Trustees finds
that the applicant has violated the condition imposed in the granting
of the same, or if the Board of Trustees finds that, because of a
change in the general character of the neighborhood, the public health,
safety, morals and general welfare will be adversely affected by the
extension of such special use, then the Board of Trustees shall deny
the application for extension of such special use.
F.
Expiration, lapse, extension and reinstatement of special permit.
Any special permit granted pursuant to this chapter shall automatically
expire and be of no further force and effect six months after the
granting thereof unless, within such six-month period, substantial
construction shall have been commenced. Such construction must be
completed within one year of the date of commencement of substantial
construction. The Board of Trustees shall be authorized, upon application
and without hearing, to grant extensions of the special permit for
periods not to exceed six months in duration or to reinstate a lapsed
special permit for good cause shown.
[Added 10-16-1996 by L.L. No. 14-1996]
G.
Extinguishment of special use permits. Whenever a use established
pursuant to a special use permit shall have been abandoned for a term
of six months, or whenever the location of such a use is substantially
destroyed, the land, building or structure in which said use shall
have existed shall not thereafter be used for the previously established
special use. Such six-month period of abandonment may be discontinued
only by 30 or more consecutive business days of operation. A use shall
be substantially destroyed if the cost to repair and replace the structure
exceeds 50% of the current structural replacement value thereof.
[Added 10-16-1996 by L.L. No. 14-1996]
H.
Revocation of special permit. Any special permit granted pursuant
to this chapter shall be revocable on the order of the Board of Trustees
at any time upon the failure of the owner or operator of the use or
structure covered by the special permit to observe all requirements
of this chapter with respect to the maintenance and conduct of the
use or structure or upon failure to observe all conditions in connection
with such special permit which were designated by the Board of Trustees
issuing the same. Prior to revoking any such special permit, the Board
of Trustees shall give the holder of the special permit at least 10
days' written notice of violation. If, within such 10 days, the special
permit holder so requests, the Board of Trustees shall hold a hearing
on the revocation of such special permit and shall give the applicant
for the hearing at least 10 days' written notice thereof, either by
certified mail, return receipt requested, or by personal service.
The foregoing provisions shall not be deemed to preclude the use of
any conditions of the special permit. The violation of any condition
imposed by the Board of Trustees as part of a special permit shall
constitute a violation of this chapter.
[Added 10-16-1996 by L.L. No. 14-1996]
[Amended 6-19-2002 by L.L. No. 4-2002]
A.
There shall be a Zoning Board of Appeals as previously established
pursuant to former § 179-b of the Village Law (presently
Village Law § 7-712). The Board shall be known as the "Zoning
Board of Appeals of the Incorporated Village of Mineola." The Board
shall consist of five members, as previously constituted or as prospectively
constituted by the appointment of their successors, who shall receive
such compensation as the Board of Trustees shall determine. The Mayor,
subject to the approval of the Board of Trustees, shall appoint a
Secretary to the Board.
B.
Terms of office. The term of office of each member of the Zoning
Board of Appeals shall be five years from the date of appointment
by the Board of Trustees.
C.
Incumbent members. The term of the incumbent members of the Zoning
Board of Appeals, as of the effective date of this section, shall
not be extended other than by reappointment upon the expiration of
each incumbent member's term by the Board of Trustees.
D.
In accordance with Village Law § 7-712, Subdivision 11(a)
through (c), the Board of Trustees may establish alternate Board of
Appeals member positions for purposes of substitution for a member
who is unable to participate because of a conflict of interest or
absence. The Mayor may appoint alternate members, subject to the approval
of the Board of Trustees, in a number sufficient to meet the needs
of the Village, for a term of one year.
[Added 2-8-2017 by L.L.
No. 1-2017]
E.
The Chairman of the Board of Appeals may designate an alternate member
to substitute for a member who is unable to participate because of
a conflict of interest or absence on an application or matter before
such Board. When so designated, the alternate member shall possess
all the powers and responsibilities of the member of such Board he
or she is replacing, and all the provisions of the Village Law relating
to Board of Appeals member training and continuing education, attendance,
conflict of interest, compensation, eligibility, vacancy in office,
removal and service on other boards shall also apply to alternate
members. When a designation is made by the Chairman of the Board of
Appeals, it shall be entered into the minutes of the Board of Appeals
meeting at which the substitution is made.
[Added 2-8-2017 by L.L.
No. 1-2017]
A.
The Zoning Board of Appeals, in accordance with the powers and duties
set forth in the Village Law, and as set forth in this chapter, may,
in a specific case after public notice and hearing and subject to
appropriate conditions and safeguards, determine and vary the application
of this chapter and authorize the issuance of permits in harmony with
the general purpose and intent as hereinafter provided.
B.
Location of district boundaries. The Zoning Board of Appeals may
determine and establish the true location of use district boundaries
in any disputed case.
C.
District boundaries. The Zoning Board of Appeals may permit a use
authorized on a portion of a lot in a lower restricted district to
extend to the entire lot, by not more than 25 feet beyond the boundary
line of the higher restricted district in a case where a use district
boundary line divides a lot in single ownership at the effective date
of this chapter.
D.
Area variances.
(1)
The Zoning Board of Appeals may vary the application of the provisions
of this chapter and establish appropriate requirements for irregular
lots less than the required area in any district existing at the effective
date of this chapter.
(2)
Variance for exceptional topography. The Zoning Board of Appeals
may vary the application of the provisions of this chapter and modify
the requirements thereof in cases of exceptional topography under
such conditions as will safeguard the neighborhood.
E.
Use variances. The Zoning Board of Appeals may vary any provision
of this chapter in case of unnecessary hardship, provided that public
health, safety and general welfare are secured.
F.
Advice and recommendations. In addition to the power and duties of
the Zoning Board of Appeals as hereinabove set forth, the Zoning Board
of Appeals shall also act in an advisory capacity to the Board of
Trustees in reference to changes of zoning and shall study the application
of this chapter, recommending to the Board of Trustees from time to
time such changes in this chapter and in the boundaries of the various
districts as it shall deem advisable to further promote the public
health, safety, morals and welfare of the community.
G.
Voting. The concurring vote of a majority of the members of the Zoning
Board of Appeals shall be necessary for a decision. The concurring
vote of a majority plus one of the members of the Board is required
to override any recommendation by the Nassau County Planning Commission
pursuant to §§ 239-1 and 239-m of the General Municipal
Law.
H.
Lapse of variance. After the Zoning Board of Appeals has varied the
provisions of this chapter, the variance so granted shall lapse after
the expiration of 90 days if no substantial construction has taken
place in accordance with the plans for which such variance was granted,
and the regular provisions of this chapter shall thereafter govern.
I.
Rules for filing; procedural requirements.
[Amended 7-18-2001 by L.L. No. 5-2001; 12-9-2015 by L.L. No.
7-2015]
(1)
The Zoning Board of Appeals may make rules as to the manner of filing
appeals or applications for permits or variances in specific cases.
(2)
Before an application for a variance may be heard by the Zoning Board
of Appeals, a complete and accurate list of the names and addresses
of the owners of all the lands within a radius of 200 feet of the
property affected by such application as appears on the latest completed
assessment roll of the County of Nassau shall be submitted simultaneously
with the application, if the property affected by such application
is residentially zoned property used or is proposed to be used for
residential purposes up to and including a two-family use. If the
property affected is used or is proposed to be used for other than
a one- or two-family use, a complete and accurate list of the names
and addresses of the owners of all the lands within a radius of 400
feet of such property as appears on the latest completed assessment
roll of the County of Nassau shall be submitted simultaneously with
the application. The applicant shall send, by First-Class United States
Mail, to each owner shown on the applicable list, no less than 10
nor more than 20 days before the date set for a hearing upon this
application, a notice addressed to such owners signed by the applicant,
generally identifying the property affected thereby and setting forth
the variance requested and the date, hour and place fixed by the Zoning
Board of Appeals for a hearing thereon. Before such case may be heard
by the Zoning Board of Appeals, the applicant must file with the Village
Clerk, not later than five days prior to the hearing date, an affidavit
of the mailing of such notice as herein provided, said affidavit to
be made on forms to be provided by the Zoning Board of Appeals. This
provision shall likewise apply to any application for the extension
of a temporary variance.
J.
Notice and hearing on appeals and applications. Upon the filing with
the Zoning Board of Appeals of an appeal or of an application for
a special use permit or variance, the Zoning Board of Appeals shall
fix a time and place for a public hearing thereon and shall give notice
thereof by publishing a notice thereof in a local newspaper or newspapers
at least 10 days before such hearing. Such notice shall state the
location of the building or lot and the general nature of the question
involved.
K.
Compliance with provisions.
(1)
Every applicant and owner and their successors must comply with the
provisions of any variance, special use permit or condition attached
thereto granted by the Zoning Board of Appeals, and it shall be the
duty of the enforcement officer to enforce those provisions.
(2)
Said applicant or owner, or their successors, shall file for an annual
permit to the enforcement officer for any temporary special use permit
or conditional variance requiring same granted by the Zoning Board
of Appeals, and it shall be the duty of the enforcement officer to
enforce those provisions.
L.
Rear yard setback on corner lots. The Zoning Board of Appeals may
permit, on a corner lot in any R-1, R-2 or R-3 District, a reduction
of the rear yard setback requirements to not less than 10 feet.
M.
Side yard regulation regarding attached garages. The Zoning Board
of Appeals may permit, in any residence district, modification of
the side yard regulations where an attached garage is to be hereafter
erected to any single-family dwelling, so as to permit a one-story
attached garage to project beyond the side yard setback line for a
distance not exceeding four feet where a distance of 12 feet is maintained
between dwellings on separate lots.
A.
Necessary costs. In every case, matter, appeal or application brought
before the Zoning Board of Appeals or the Board of Trustees for determination
or action, the applicant shall be liable to the Village and shall
pay the following necessary costs, which may be incurred by the Village
in processing such case, matter, appeal or application:
B.
Filing fees and deposits for costs. In every case, matter, appeal
or application brought before the Zoning Board of Appeals or the Board
of Trustees for determination or action, the applicant shall pay a
filing fee and deposit as established by resolution of the Board of
Trustees.
C.
No action until fees and deposits paid. No action shall be taken
by the Board of Trustees, the Zoning Board of Appeals or any other
Village official on any case, matter, appeal or application unless
and until all required fees and deposits shall have been paid.
A.
Authority. In case any building or structure is erected, constructed,
reconstructed, altered, converted, located or maintained or any building,
structure, land or premises is used in violation of this chapter or
any regulation or requirement made pursuant thereto, or under authority
conferred thereby, in addition to other lawful remedies, the Board
of Trustees or, with its approval, the enforcement officer may, pursuant
to § 7-714 of the Village Law, institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
alteration, conversion, repair, maintenance or use; to restrain, correct
or abate such violation; to prevent the occupancy of such building,
land or premises; or to prevent any illegal act, conduct, business
or use in or about such premises.
B.
Discovery of violations. The enforcement officer shall determine
the existence of violations of the provisions of this chapter through
such investigations as he or she shall conduct pursuant to the issuance
of building permits and certificates of occupancy and through the
prompt investigation of such written complaints as are filed with
him or her by persons having reason to believe that such violations
exist. The enforcement officer may also determine the existence of
such violations by means of investigations conducted at his or her
own initiative.
C.
Procedure for abatement of violations.
(1)
Notice of violation. Upon finding violation of the provisions of
this chapter, the enforcement officer shall serve written notice,
either by personal service or certified mail, addressed to the premises
of such violation, on the person committing or permitting such violation
or on the owner of the property. Such notice shall specify the nature
of such violations as they exist and specify a reasonable time limit
of not less than five days within which compliance shall be achieved.
(2)
Legal action. The enforcement officer shall, upon failure of the
responsible party to comply with a violation order within the specified
time, refer the matter to the Board of Trustees so that the Board
of Trustees may, by resolution, direct the Village Attorney to undertake
appropriate legal action against such party.
D.
Penalties for violations. The Incorporated Village of Mineola is
aware of and duly acknowledges the existence of § 20-2006
of the Village Law of the State of New York and hereby supersedes
such section. Any person or corporation, whether as owner, lessee,
architect, building contractor or the agent or employee of any of
them, who violates or is accessory to the violation of any provision
of this chapter or any regulation made under the authority conferred
by this chapter or who shall erect, construct, alter, enlarge, convert,
or move any building or structure without a building permit or in
violation of any statement or plans submitted and approved under the
provisions of this chapter or who shall use any building, structure
or land in violation of this chapter or any regulation made under
the authority conferred by this chapter or in violation of any building
permit (including a special use permit) or without a building permit
or certificate of occupancy where one is required by this chapter
shall, upon conviction, be guilty of a violation pursuant to this
chapter only, unless otherwise designated by law, punishable by a
fine of not more than $2,000 or imprisonment of not more than 15 days,
or both. The conviction of a second violation of any such provision
or regulation, both of which were committed within a period of five
years, shall be punishable by a fine of not more than $5,000 or imprisonment
of not more than 15 days, or both. The conviction of a third or subsequent
violation of any such provision or regulation, all of which were committed
within a period of five years, shall be punishable by a fine of not
more than $10,000 or imprisonment of not more than 15 days, or both.
Each week's continued violation shall constitute a separate additional
violation.
[Amended 1-5-2000 by L.L. No. 7-2000]
E.
Illegal advertising. It shall be a violation of this chapter to solicit
or advertise for purposes of selling or renting property or portions
of property to be utilized in violation or contravention of the uses
permitted in the zoning districts in this chapter.
The Board of Trustees may, from time to time, on its own motion
or on petition after such public notice and hearing as required by
the Village Law, amend, supplement or change the regulations and districts
herein established, in accordance with the Village Law and other applicable
laws.
[Added 12-12-2012 by L.L. No. 1-2012]
The Board of Trustees or Zoning Board of Appeals shall give
notice to an adjacent municipality when a hearing is held by such
body relating to the issuance of a proposed special use permit or
the granting of a use variance on property that is within 500 feet
of an adjacent municipality.
[Added 6-11-2014 by L.L. No. 4-2014]
A.
Any person utilizing truss-type, pre-engineered wood or timber construction
for the erection of any new residential structure, for any addition
to an existing residential structure, or for any rehabilitation of
an existing residential structure, shall, upon application for a building
permit, include on the permit application that truss type, pre-engineered
wood or timber construction is being utilized.
B.
The property owner or the property owner's representative shall provide
documentation indicating that the structure is a truss type, pre-engineered
wood or timber construction and file such form with the application
for a building permit.
C.
Upon receiving the application for a building permit and a supporting
documentation designating the structure as truss-type, pre-engineered
wood or timber construction, the Building Department shall notify,
by certified mail, facsimile, e-mail or other electronic means, the
Chief of the Mineola Fire Department having jurisdiction over the
structure to be created, added to, or modified, or his or her designee,
that truss-type, pre-engineered wood or timber construction is being
utilized.
D.
As a condition of the final receipt of a certificate of occupancy
or certificate of completion, a sticker designed and approved by the
Building Department shall be affixed to the exterior electric pan
box.
E.
The property owner or his or her representative shall be responsible
for maintaining the sticker on the electric pan box of the residence
and shall replace the sticker when any changes or modifications are
made to the electric pan box or the sticker is damaged.
F.
The Village Board of Trustees shall promulgate rules and regulations
it deems necessary to carry into effect the provisions of this section.
