A.
Permits for construction or alteration. Before the
construction or alteration of any structure, including waterfront
structures, or any part of a structure and before the construction
or alteration of the plumbing of any structure or premises is commenced,
the owner or lessee shall submit to the Building Inspector a statement,
in triplicate, on appropriate blanks furnished by the Building Inspector,
describing the proposed work, together with such computations, plans
and detail drawings as the Building Inspector may require. Such statement,
constituting an application for a permit, shall be accompanied by
a further statement, in writing, sworn to before a notary public or
commissioner of deeds, giving the full name and residence of each
of the owners of the structure, proposed structure or premises and
(except as otherwise herein provided in this section) by a diagram
of the lot or plot on which the construction is to be made, showing
the exact location of any proposed new construction and all existing
structures that are to remain, including information as to the occupancy
of such structures.
B.
In the case of an interior or a minor exterior alteration
to an existing structure, the filing of a lot diagram shall not be
required unless the Building Inspector deems it to be necessary because
of special conditions.
C.
In the case of minor alterations which do not involve
a structural change and which, in the opinion of the Building Inspector,
do not require the filing of plans, a statement describing such minor
alterations shall be submitted to the Building Inspector on such form
as he may designate.
D.
When plans are required to be filed, and such plans
contemplate structural changes or structural work affecting public
health or safety, they shall be accompanied by an affidavit of a licensed
architect or licensed professional engineer stating that he has supervised
the preparation of the plans and that, to the best of his knowledge
and belief, the structure, if built in accordance with the plans,
will conform to this code and will not be in conflict with any provision
of the laws of the State of New York, the Zoning Ordinance or any
other provision of law applicable thereto, except as specifically
noted otherwise. (NOTE: The submission of plans and specifications
shall be governed by the requirements of the State Education Law.)
E.
If a licensed professional engineer has been employed
in the preparation of the structural or mechanical design, the structural
or mechanical plans shall be accompanied by his affidavit stating
that the structural or mechanical design drawings prepared under his
supervision, to the best of his knowledge and belief, conform with
the laws governing building construction, except as specifically noted
otherwise. (NOTE: Plans for the construction or alteration of all
factories, mercantile establishments and places of public assembly
over which the New York State Department of Labor has jurisdiction
must be filed with and approved by the Department of Labor before
a permit can be issued by the Building Inspector.)
F.
The Building Inspector will review all building permit
applications, including the plans and specifications for the proposed
construction, to determine if said construction is consistent with
the Flood Damage Prevention chapter herein.[1]
[Added 4-29-1974; amended 6-16-1992 by L.L. No. 2-1992]
G.
In a Professional District, Senior Citizens Multiple-Residence
District, Business District, Marine Business District or Industrial
District and places of public/private assembly, a Village of Lindenhurst
building permit will be required for concrete, asphalt, blacktop or
any type of permanent on-site paving.[2]
[Added 4-18-1989 by L.L. No. 3-1989]
[2]
Editor's Note: Original Subsections G, added 4-29-1974; H, added 4-29-1974; and I, added 4-29-1974, as amended 6-20-1989 by L.L. No. 5-1989, which dealt with the Building Inspector's review of building permit applications, construction applications and subdivision applications, were deleted 6-16-1992 by L.L. No. 2-1992.
H.
No person shall construct, erect, develop or expand
a driveway or parking lot or areas designated for the parking of boats
or motor vehicles in any zoning district of the Village of Lindenhurst
without having first obtained a permit on a form provided by the Building
Department. The fee for such permit shall be as established from time
to time by resolution of the Board of Trustees. All driveways, parking
lots or areas designated for the parking of boats or motor vehicles
shall comply with the requirements of the Village Code. No residential
driveway shall exceed 22 feet in width.
[Added 7-22-2003 by L.L. No. 6-2003]
[Added 1-16-1996 by L.L. No. 1-1996]
The Village Board of the Village of Lindenhurst
hereby adopts the New York State Uniform Fire Prevention and Building
Code, henceforth referred to as the "Uniform Code" and all subsequent
amendments thereto.
[Added 1-16-1996 by L.L. No. 1-1996]
The Building Inspector, Fire Marshal and Zoning
Inspector shall jointly administer and enforce the provisions of this
chapter and the Uniform Code.
[Added 1-16-1996 by L.L. No. 1-1996]
A.
The provisions of the Uniform Code relating to maintenance,
housekeeping and behavior regulations so as to protect life and property
against the hazards of fire, explosion and the release of toxic gases
arising from the storage, handling or use of combustible or hazardous
substances, materials or devices shall apply equally to new and existing
buildings and conditions.
B.
The Building Inspector and/or Fire Marshal and/or
Zoning Inspector, as may be appropriate, shall have authority to permit
the continuance of existing conditions not in strict compliance with
the terms of this article where the exceptions do not constitute a
distinct hazard to life or property.
If the construction, plumbing or gas piping
is to be executed by any person other than the owner of the land in
fee, the person intending to make such construction or to construct
such plumbing shall, either as lessee or in any representative capacity,
accompany the application for a permit with a statement, in writing,
sworn to as aforesaid, giving the full name and residence of each
of the owners of the land, structure or proposed structure or premises
and reciting that he is duly authorized to perform the work described.
Such statement may be made by the agent, architect or engineer of
the person hereinbefore required to make the statement.
Before any structure or part of a structure
is demolished, a statement, in writing, on appropriate blanks to be
furnished by the Building Inspector, constituting a notice to demolish,
shall be submitted to the Building Inspector by the owner or any person
authorized by the owner, giving the full name and residence of each
of the owners of the structure to be demolished, the name and address
of the person who is to do the work and such other information respecting
the structure as the Superintendent may require. Such notice shall
be submitted before the work of demolition is commenced, and a permit
shall be issued by the Building Inspector upon approval of such notice.
Before any existing structure may be moved from
one location to another, the owner or his agent shall submit an application
for a permit, giving the full name and residence of each of the owners
of the structure to be moved, the name and address of the person who
is to move the structure, a description of the method to be used and
such other information as the Building Inspector may require.
A.
If there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of the law,
the licensed architect or licensed professional engineer employed
by the owner or lessee shall submit to the Building Inspector a statement,
in triplicate, on appropriate blanks furnished by the Building Inspector,
stating the nature of such difficulties or hardships and the proposed
means to overcome them.
B.
The Building Inspector shall have the power to modify
a provision of the code with respect to a particular structure and
may grant such a modification, provided that the spirit of the law
shall be observed and public safety secured and provided, further,
that the particulars of each application and of the decision of the
Building Inspector thereon shall be entered upon the records of the
Village.
Nothing in this code shall prohibit the filing
of amendments to any application at any time before the completion
of the work for which the permit was sought; and such amendments,
after approval, shall be made part of the application as filed as
such.
Ordinary repairs to structures or to the plumbing
or drainage thereof may be made without notice to the Building Inspector,
but such repairs shall not be construed to include the cutting away
of any wall or any portion thereof, the removal or cutting of any
beams or supports, the removal, change or closing of any stairway
or required means of exit, the alteration of any house sewer, private
sewer or drainage system or the construction of any waste pipe.
A.
Approval of applications.
(1)
It shall be unlawful to construct any structure or any part thereof or any plumbing until the application required by § 193-123, Permit applications, shall have been approved by the Building Inspector and a written permit issued. The Building Inspector shall approve or reject any application or plan or amendment thereto filed with him pursuant to the provisions of this code within a reasonable time and if approved, shall promptly issue a permit therefor.
(2)
Whenever the permit shall include an excavation for
a structure within a Business or Industrial District (except for one-
or two-family-residence structures) or an excavation for a multiple
dwelling, the owner of the premises in which such excavation is to
be made shall furnish the Village with a bond of a surety company
approved by the Board of Trustees, in a form approved by the Village
Attorney and for an amount fixed and determined by the Building Inspector,
to secure the filling in of such excavation or foundation in the event
that it becomes abandoned. A deposit, in cash, may be made in lieu
of such bond.
B.
Approval of applications in part. Nothing in this
section shall be construed to event the Building Inspector from approving
and issuing a permit for the construction of part of a building or
structure, provided that plans have been submitted or approved.
C.
Signature to permit. Every permit issued by the Building
Inspector under the provision of this code shall have his signature
affixed thereto, but this shall not prevent the Building Inspector
from authorizing any subordinate to affix such signature.
D.
Expiration of permit by limitation.
(1)
Any permit issued by the Building Inspector under
the provisions of this article, but under which no work is commenced
within one year from the time of issuance, shall expire by limitation.
(2)
Any permit issued by the Building Inspector under
the provisions of this article shall expire two years from the date
of issuance, unless the work is completed and approved by the Building
Inspector prior to that time.
[Added 4-25-1978 by L.L. No. 1-1978]
E.
Compliance with plans, laws and regulations.
(1)
The construction of any structure or of any plumbing
shall be in accordance with the approved statement of specifications
and plans for which the permit was issued or any approved amendment
thereof. The Building Inspector may require a certified copy of the
approved plans to be kept at all times on the premises from the commencement
of the work to the completion thereof, except that this requirement
may be waived by the Building Inspector where compliance is not deemed
necessary.
(2)
Permits issued by the Building Inspector for the construction
or equipment of a structure shall be deemed to incorporate the proviso
that the applicant, his agent, employees or contractors shall use
only approved materials, appliances and methods of construction and
shall carry out the work in accordance with the approved plans and
with all requirements of this code and any other laws, ordinances
or regulations applicable thereto, whether specified or not.
F.
Adherence to diagrams. The location of any new structure or of any extension to an existing structure, shown on the diagram filed as required by § 193-123, Permit applications, or on any approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of any lot or plot, a diagram of which has been filed with an application to construct or alter and has been used as the basis for a permit, unless the structure for which the permit was issued complies in all respects with the requirements of this code for structures located on plots of such diminished area; provided, however, that this shall not apply to any case in which the lot area is reduced by reason of any street opening or widening or any other public improvement.
G.
Revocation of permits. The Building Inspector may
revoke any permit or approval issued under the provisions of this
code in the case of any false statement or any misrepresentation as
to a material fact in the application on which the permit or approval
was based or any permit or approval issued in error where conditions
are such that a permit or approval should not have been issued.
H.
No building or other structure shall be used, built
or altered or be erected to be used and no land shall be used for
any purpose until an application shall have been made to install,
at the applicant's own expense, curbing, sidewalks and driveway aprons
in front of the subject premises. This provision shall apply to all
zones established within the Village, and said sidewalks, curbing
and aprons shall be installed in accordance with the specifications
and requirements as established by the Village of Lindenhurst.
I.
Existing use.
(1)
The requirements of § 193-130H shall not apply to any premises having an existing use conforming to the requirements of this chapter or to any building being constructed or altered under an existing permit or for which a certificate of occupancy has heretofore been issued. The provisions of § 193-130H shall apply to any premises wherein application is made for a change of use or to a building to be built or changed in use after the effective date of this section, except that any existing building conforming to the provisions of the Zoning Ordinance of the Village of Lindenhurst may be rebuilt or enlarged for the continuance of any existing conforming use without regard to the provisions of § 193-130H.
(2)
The Board of Trustees of the Village of Lindenhurst
may enter into an agreement with the owner of the subject property
to defer the installation of curbing, sidewalks and driveway aprons
in cases of practical difficulty and unusual and unnecessary hardship
or in cases where the updated line and grade map of the street has
not been established. Said agreement shall be duly recorded in the
office of the County Clerk, County of Suffolk, and shall run with
the land.
(3)
The Village may require the posting of a bond or other
security with the Village, in a form satisfactory to the Village Attorney,
to ensure satisfactory completion of said curbs, sidewalks and aprons.
A.
Certificates of occupancy for new structures.
(1)
The occupation or use of any structure hereafter erected,
in whole or in part, for any purpose whatever, is forbidden until
a certificate of occupancy shall have been issued by the Building
Inspector certifying that such structure conforms substantially to
the approved plans and specifications and the requirements of the
laws governing building construction applicable to structures of its
class and kind.
(2)
Before a certificate of occupancy shall be issued
by the Building Inspector, the owner or his agent shall submit a diagram
(prepared by a licensed land surveyor) of the lot or plot on which
the construction has been made, showing the exact location of the
newly completed structure and all other existing structures.
B.
Certificates of occupancy for altered structures.
The occupancy or use, in whole or in part, for any purpose whatever,
of any structure hereafter altered, which was vacant during the progress
of the work of alteration is forbidden 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 substantially
in accordance with the approved plans and specifications and the provisions
of the laws governing building construction applying to such an alteration;
and when the occupancy or use of a structure has continued during
the work of alteration, the occupancy or use of the structure shall
not continue for more than 30 days after completion of the alteration
unless such certificate shall have been issued.
C.
Certificates of occupancy for existing structures.
The present legal occupancy and use of any now-existing structure
may continue, except as may be specifically prescribed by this code
or as may be necessary for the safety of life, health or property.
Upon written request from the owner, the Building Inspector shall
issue a certificate of occupancy for any now-existing structure, certifying,
after verification by inspection, the occupancy or use of such structure,
provided that at the time of issuing such certificate there are no
notices of violation or other notices or orders pending in the Building
Inspector's department.
D.
Change of occupancy.
(1)
Changes of occupancy or use inconsistent with the
last-issued certificate of occupancy are forbidden in any structure.
Any change of occupancy in an existing structure which would bring
it under some special provisions of the laws governing building construction
is forbidden, unless a certificate is issued by the Building Inspector
certifying that such structure conforms to the provisions of the laws
governing building construction for the proposed new occupancy and
use and the proposed use will not be in conflict with any provisions
of the laws of the State of New York or the Zoning Ordinance.
E.
Temporary certificates of occupancy. Upon request
of the owner or his authorized representative, the Building Inspector
shall issue a temporary certificate of occupancy for part of a structure,
provided that such temporary occupancy or use does not in any way
jeopardize life or property. Original temporary certificates of occupancy
shall be granted for periods of not more than 90 days and be subject
to removal by the Building Inspector for similar periods of not more
than 90 days at the discretion of the Building Inspector.
F.
Contents of certificate of occupancy. In addition
to the certification required by this article as to compliance with
the approved plan and application and with the provisions of laws
governing building construction, each certificate of occupancy shall
state the purposes for which the structure may be used in its several
parts, the maximum permissible live loads on the several floors, the
number of persons which may be accommodated in the several stories
and any special stipulations of the permit.
G.
Issuance and filing of certificate of occupancy. A certificate of occupancy for a structure shall be issued within 10 days after written application therefor, if the structure at the date of such application shall be entitled thereto. A record of all certificates shall be kept in the Building Inspector's department and copies shall be furnished on request and on the payment of the fee prescribed in § 193-132 to any person having a proprietary interest in the structure affected.
[Last amended 12-1-2009 by L.L. No. 5-2009]
A.
A permit shall be issued to the applicant by the Building Inspector
upon the payment of a fee to the Village of Lindenhurst. The fee shall
be established by resolution of the Village Board of Trustees. A fee
shall be required for the following:
(1)
New structures or alterations thereto.
(2)
Demolition of structures.
(3)
Certificates of occupancy.
(4)
Inspection certification.
(5)
Fences requiring a zoning variance.
(6)
Sidewalk, curb or driveway installation.
(7)
Rezoning applications.
(8)
Building Department reinspections caused by noncompliance.
(9)
Fuel oil tank removal.
B.
There shall be a fee charged for any construction inspection requiring,
in the opinion of the Building Department, the services of the Village
Engineer. The fee shall be established by resolution of the Village
Board of Trustees and shall, at a minimum, include the actual cost
incurred by the Village for such services. Subsequently, for each
reinspection required by the Building Department due to noncompliance
by the applicant, an additional fee, as established by resolution
of the Village Board of Trustees, shall be paid to the Village prior
to each such reinspection.
C.
Whenever application shall be made for a permit requiring site plan
review pursuant to the provisions of this chapter, an additional fee
amounting to 1% of the estimated construction cost shall be paid,
along with the permit fee, at the time the application is made. Such
sum shall be paid to the Village and held as a separate fund to be
used exclusively for parks, playgrounds and recreational purposes,
for the planting of trees in public places in the Village and/or for
other such public improvement purposes deemed appropriate by the Village
Board of Trustees.
D.
All fees as required by this section shall be increased by 200% whenever
the work which is subject to a fee is commenced prior to the issuance
of the appropriate permit.
E.
Notwithstanding anything to the contrary in this Code, the construction
or alteration of one shed not exceeding 100 square feet and eight
feet in height shall not require a building permit in any residential
zone, provided that it otherwise complies with the requirements of
the Code. Such shed shall be at the rear of the rear house line and/or
a minimum of 45 feet from the front property line and a minimum of
two feet from the rear and/or side yard property line.
F.
Notwithstanding anything to the contrary in this Code, construction
or alteration of a deck that is less than 18 inches in height shall
not require a building permit in any residential zone, provided that
it otherwise complies with the requirements of the Code.
G.
Notwithstanding anything to the contrary in this Code, construction
or alteration of a fence shall not require a building permit in any
residential zone, provided that it otherwise complies with the requirements
of the Code.
For the purpose of assisting in the determination
of the cost of a structure or alterations thereto, the applicant shall
furnish and file an affidavit on oath setting forth the cost of the
structure or alterations. The estimated cost of the construction or
alteration upon which the fee shall be based shall be determined by
the Building Inspector.
The payment of a fee as provided in this section
shall in no way relieve the applicant or holder of a permit from the
payment of other fees that may be prescribed by law or ordinance for
inspections, certificates, sewer conditions, water taps or other privileges
or requirements.[1]
[1]
Editor's Note: Original § 85-56,
Right to change fees, which immediately followed this section, was
deleted 6-16-1992 by L.L. No. 2-1992.
[Added 11-21-2000 by L.L. No. 3-2000]
A.
Referral. The Board of Trustees, the Planning Board,
the Zoning Board of Appeals and/or the Building Department, in the
review of any application, may refer any such application presented
to it for review and consultation to an engineering, planning, legal,
technical or environmental consultant(s) or professional(s) as such
Board shall deem reasonably necessary to enable it to review such
application as required by law. Charges made by such consultants shall
be in accordance with charges usually made for such services in the
metropolitan New York region or pursuant to an existing contractual
agreement between the Village and such consultant. Charges incurred
by the Village in utilizing Village employees shall be in accordance
with the hourly rates upon which the employee's actual salary is based
including fringe benefits and reasonable overhead. All such charges
shall be paid by the applicant on submission of a Village voucher.
B.
Reimbursement. The applicant shall reimburse the Village
for the cost of such consultant services upon submission of a copy
of the voucher. In the event that an application is required to be
reviewed by more than one board, then, in such event and to the extent
practicable, boards and departments shall use the same consultant,
who shall in such case, to the extent practicable, prepare one report
providing data, information and recommendations requested. In all
instances, duplication of consultants' reports or services shall be
sought to be avoided wherever practicable in order to minimize the
cost of such consultants' report or services to the applicant. The
above fees are in addition to any and all other fees required by any
other law, rule or regulation or the Village Code.
C.
Escrow accounts. At the time of submission of any
application or thereafter, the reviewing board or department may require
the establishment of any escrow account, from which withdrawals shall
be made to reimburse the Village for the costs of consultant services.
The applicant shall then provide funds to the Village for deposit
into such account in an amount to be determined by the reviewing board
based on its evaluation of the nature and complexity of the application.
The applicant shall be provided with copies of any Village voucher
for such services as they are submitted to the Village. When the balance
in such escrow account is reduced to 1/3 of its initial amount, the
applicant shall deposit additional funds into such account to bring
the balance up to the amount of the initial deposit. If such account
is not replenished within 30 days after the applicant is notified,
in writing, of the requirement of such additional deposit, the reviewing
board may suspend its review of the application. An application shall
be deemed incomplete if any amount shall be outstanding. A building
permit or certificate of occupancy or use shall not be issued unless
all consultant services fees charged in connection with the applicant's
project have been reimbursed to the Village. After all pertinent costs,
fees and charges under this section have been paid, the Village shall
refund to the applicant any funds remaining on deposit.
D.
Collection of fees. All fees required pursuant to
this chapter shall be collected by the Village Administrator Clerk
of the Village of Lindenhurst.
E.
Applicability. This chapter shall be applicable to
the applications pending at the time it shall become effective, unless
the reviewing board shall determine that its application would be
impracticable, unfair or unjust in the particular circumstances. Where
this chapter shall be applicable to a pending application, it shall,
in such event, require an applicant only to pay for consultant services
rendered after it shall have become effective.
A.
Duties of Building Inspector.
(1)
The Building Inspector shall enforce all laws and
ordinances relating to the location, construction, alterations, repair,
removal, demolition, equipment, use and occupancy and maintenance
of structures, except as otherwise provided for.
(2)
He shall receive all applications required by this
Building Code, shall issue permits and shall furnish the prescribed
certificates.
(3)
He shall make or cause to be made necessary inspections
to see that the provisions of law are complied with and that construction
is prosecuted safely.
(4)
He shall have full power to pass upon any question
arising under the provisions of this code relative to the plans, manner
of construction or materials to be used.
(5)
He may order and compel the suspension of any work
and prohibit the use of any material or equipment in violation of
the provisions of this code and may make or cause to be made such
tests as he deems necessary to determine the safety of a structure,
material or equipment which it is his duty to inspect.
(6)
For the purpose of enforcing compliance with law,
to remove illegal or unsafe conditions, to secure the necessary safeguards
during construction or to require adequate exit facilities in existing
buildings, he shall issue such notices or orders as may be necessary.
B.
Inspections. Inspections required under the provisions
of this code shall be made by the Building Inspector or a duly appointed
subordinate, provided that, in the case of the inspection of elevators,
fuel-oil equipment or electric wiring, he may accept reports of inspectors
of casualty companies or of other recognized inspection services after
investigation of their qualifications and reliability. But no certificate
called for by a provision of this code shall be based on such reports
unless the same are in writing and certify over the signature of the
person making the inspection and report that the provisions of this
code are complied with and there are no unsafe conditions.
C.
Records of the Building Inspector. All applications,
notices and sworn statements required by this article and copies of
the approved plans shall be kept on file in the Building Inspector's
office. Applications shall be promptly docketed as received.
D.
Authority to adopt rules. The Building Inspector shall
have the power to adopt such rules with respect to the materials and
mode of construction, consistent with the provisions of this code,
as may be necessary to secure the intent and purposes of this code,
and a proper enforcement of its provisions. For any provisions of
this code referring to the rules or requiring approvals of materials
or modes of construction, the Building Inspector shall adopt such
rules as are required or will establish the conditions of approval.
E.
Approved materials, appliances and methods of construction.
Whenever any materials, appliances or methods of construction have
been approved by the Building Inspector as conforming to tests prescribed
by this code or to any rules adopted thereunder, a list of such materials,
appliances and methods of construction shall be kept on file in the
Building Inspector's office, properly indexed and open to public inspection
during business hours.
F.
Right of entry. Any officer or employee of the Building
Inspector's office, so far as it may be necessary for the performance
of his duties, shall have the right to enter any building or premises
in said Village upon showing his badge of office. The right of entry
shall be exercised with discretion, and all routine inspections shall
be made at reasonable hours during the working day, and, in the event
that the occupant or owner refuses to allow the Building Inspector
to exercise this right of entry for the purpose of carrying out his
office, then the Building Inspector shall have the right to apply
to a court of competent jurisdiction for the necessary court order
and injunction to carry out this duty.[1]
[1]
Editor's Note: Original § 85-58,
Unsafe structures, amended 10-27-1981 by L.L. No. 9-1981, was deleted 6-16-1992 as L.L. No. 2-1992
[Added 1-16-1996 by L.L. No. 1-1996]
Except as otherwise provided by law, ordinance, rule or regulation, the Fire Marshal shall administer and enforce all laws, codes, ordinances, rules, regulations and orders applicable to fire prevention and fire safety under Chapter 86, Fire Prevention.
[Added 1-16-1996 by L.L. No. 1-1996]
Except as otherwise provided by law, ordinance,
rule or regulation, the Zoning Inspector shall administer and enforce
all laws, codes, ordinances, rules, regulations and orders as related
to zoning in this chapter.
[Added 1-16-1996 by L.L. No. 1-1996]
The Building Inspector, Fire Marshal and Zoning
Inspector shall have the authority, pursuant to the Criminal Procedure
Law, to issue an appearance ticket subscribed by him directing a designated
person to appear in court at a designated time in connection with
the commission of a violation of this chapter, the Uniform Code or
any order made thereunder.
A.
Stopping work; vacating and securing structures. In
case there shall be, in the opinion of the Building Inspector, danger
to life or property by reason of any defective or illegal work in
violation of or not in compliance with any of the provisions or requirements
of this code, the Building Inspector or such person as may be designated
by him shall have the right, and he is hereby authorized and empowered,
to order all further work to be stopped in and about said structure
and to require all persons in and about said structure forthwith to
vacate the same and to cause such work to be done in and about the
structure as in his judgment, may be necessary to remove any danger
therefrom.
B.
Closing streets temporarily. The Building Inspector
may, when necessary for public safety, temporarily close the sidewalks,
streets, structures or places adjacent to said structure or part thereof,
and the Suffolk County Police Department, when called upon by said
Building Inspector to cooperate, shall enforce all orders or requirements
made under this section.
[Amended 6-16-1992 by L.L. No. 2-1992]
A.
Action or proceeding, generally. Whenever the Building
Inspector is satisfied that any structure or any portion thereof or
any plumbing or other mechanical equipment, the construction, removal
or demolition of which is regulated, permitted or forbidden by this
code, is being constructed, removed or demolished or has been constructed,
in violation of or not in compliance with any of the provisions or
requirements of this code or in violation of any detailed statement
of specifications or plans submitted and approved thereunder or of
any certificate or permit issued thereunder or that any provision
or requirement of this code or any order or direction made thereunder
has not been complied with or that plans and specifications for plumbing
and other mechanical equipment have not been submitted or filed as
required by this code, the Building Inspector may, in his discretion,
through the Village Counsel, institute any appropriate action or proceeding
at law or in equity to restrain, correct or remove such violation
or the execution of any work thereon or to restrain or correct the
erection or alteration of or to require the removal of or to prevent
the occupation or use of the structure constructed in violation of
or not in compliance with any of the provisions of this code or with
respect to which the requirements thereof or of any order or direction
made pursuant to any provisions contained therein shall not have been
complied with. Any person who shall maintain or continue any structure
or any portion thereof or the occupancy thereof or any plumbing or
other mechanical equipment in violation of any of the provisions of
this code, after having been duly notified as in this code provided
that such structure or any portion thereof or the occupancy or use
thereof or that such plumbing or any mechanical equipment is in violation
of any provision of this code shall be subject to any action or proceeding
and any penalty that is provided in this article for the commission
of the violation.
B.
Village Counsel to act. The Village Counsel shall
institute any and all actions and proceedings, either legal or equitable,
that may be appropriate or necessary for the enforcement of the provisions
of this code upon the order of the Board of Trustees of the Village.
C.
Courts having jurisdiction. All courts of civil jurisdiction
in the Village shall have cognizance of and jurisdiction over any
and all suits and proceedings authorized by this code to be brought
for the recovery of any penalty or the enforcement of any provisions
of this code and shall give preference to such suits and proceedings
over all others. No court shall lose jurisdiction of any action hereunder
by reason of a plea that the title to real estate is involved, provided
that the object of the action is to recover a penalty for the violation
of any of the provisions of this code. All civil courts in said Village
are hereby invested with full legal and equitable jurisdiction to
hear, try and determine all such actions and proceedings, and to make
appropriate orders and render judgment herein according to law, so
as to give force and effect to the provisions of this code.
D.
Restraining order. In any such action or proceeding,
the Village may, in the discretion of the Building Inspector and on
his affidavit setting forth the facts, apply to any court of record
or to a judge or justice thereof for any order enjoining and restraining
all persons from doing or causing or permitting to be done any work
in or upon such structure or in or upon such part thereof as may be
designated in said affidavit or from occupying or using said structure
or such portion thereof as may be designated in said affidavit for
any purpose whatever, until the hearing and determination of said
action and the entry of final judgment therein. The court or judge
or justice thereof, to whom such application is made, is hereby authorized
forthwith to make any or all of the orders above specified as may
be required in such application, with or without notice, and to make
such other or further orders or directions as may be necessary to
render the same effectual. No undertaking shall be required as a condition
to the granting or issuing of such injunction order or by reason thereof.
E.
Judgment. All courts in which any action or proceeding
is instituted under this code shall, upon the rendition of a verdict,
report of a referee or decision of a judge or justice, render judgment
in accordance therewith.
F.
Lieu of judgment. Any judgment rendered in an action
or proceeding instituted under this code shall be and become a lien
upon the premises named in the complaint in such action, to date from
the time of filing a notice of lis pendens in the County Clerk's office
of the county, wherein the property affected by such action, suit
or proceeding is located. Every such lien may be enforced against
said property, in every respect, and notwithstanding the same may
be transferred subsequent to the filing of said notice.
G.
Lis pendens. The notice of lis pendens referred to
in this section shall consist of a copy of the notice issued by the
Building Inspector requiring the removal of the violation and a notice
of the suit or proceedings instituted or to be instituted thereon.
Such notice of lis pendens may be filed at any time after the service
of the notice issued by the Building Inspector as aforesaid, provided
that he may deem the same to be necessary or is satisfied that the
owner of the property is about to transfer the same to avoid responsibility
for having violated a provision of this code. Any notice of lis pendens
filed pursuant to the provisions of this code may be vacated and cancelled
of record upon an order of a justice of the court in which suit or
proceeding was instituted or is pending or upon the consent, in writing,
of the Village Trustees. The Clerk of the county where the notice
is filed is hereby directed and required to mark any such notice of
lis pendens, and any record or docket thereof, as vacated and canceled
of record, upon the presentation and filing of a certified copy of
an order of consent as aforesaid.
H.
Costs. In no case shall the Building Inspector or
any officer of the Village be liable for costs in any action, suit
or proceedings that may have been or may hereafter be instituted or
commenced in pursuance of this code.
I.
Officers not liable for damages. No officer or the
Building Inspector's office, acting in good faith and without malice,
shall be liable for damages by reason of anything done in any action
or proceeding instituted under any provision of this code or by reason
of any act or omission in the performance of his official duties.
A.
Judicial order to comply with notices or orders. In
case any notice or direction authorized to be issued by this code
is not complied with within the time designated therein, the Village,
by the Village Counsel, may, at a special request of the Building
Inspector, with the consent of the Board of Trustees, apply to the
Supreme Court, at a special term thereof for an order directing the
Building Inspector to proceed to make the alterations or remove the
violation, as the same may be, specified in said notice or direction.
Any such request shall require the consent of the Board of Trustees.
[Amended 6-16-1992 by L.L. No. 2-1992]
B.
Judicial orders to vacate for violations. Whenever
any notice or direction so authorized shall have been served as directed
in this article, and the same shall not have been complied with within
the time designated therein, the Village Counsel shall, with the consent
of the Board of Trustees, at the request of the Building Inspector's
office, in addition to or in lieu of any other remedy provided for
by this code, apply to the Supreme Court, at a special term thereof,
for an order directing the Building Inspector to vacate such structure
or premises or so much thereof as he may deem necessary and prohibiting
the same to be used or occupied for any purpose specified in said
order until such notice shall have been complied with.
[Amended 6-16-1992 by L.L. No. 2-1992]
C.
Responsibility of lessees or occupants. In case any
of the notices or orders of the court herein mentioned shall be served
upon any lessee or party in possession of the structure or premises
therein described, it shall be the duty of the person upon whom such
service is made to give immediate notice to the owner or agent of
the structure or premises named in the notice, if such person shall
be within the limits of the Village, and his residence is known to
such person, and, if not within the Village, by depositing said notice
in the post office in the Village, properly enclosed in a postpaid
wrapper addressed to such owner or agent at his then-known place of
residence.
D.
Designation of agent by an owner of a structure. Any
owner of real estate or of a structure thereon may execute and acknowledge
a written designation of a resident of said Village, as a person upon
whom may be served any notice of violation, notice to make safe or
notice to survey, a summons, a mandate or any paper or process issued
under a provision of this code and may file the same with the written
consent of the person so designated, duly acknowledged, in the office
of the Building Inspector. The designation must specify the location
of the property with respect to which the designation is made and
the residence and places of business of the person making it and the
person designated. It shall remain in force during the period specified
therein, if any, or until revoked by the death or legal incompetency
of either of the parties or by the filing of a revocation by either
of the parties, duly acknowledging and endorsed with the consent of
the Building Inspector. The Building Inspector shall file and index
each designation and shall note, upon the original designation and
index, the filing of a revocation. While the designation remains in
force, as prescribed in this section, a notice of violation, notice
to make safe or notice to survey, a summons, a mandate or any paper
or process under the provisions of this code, or either of the same,
shall be served upon the person so designated, in like manner and
with like effect, as if it were served personally upon the person
making the designation, notwithstanding his presence in the Village.
E.
Reimbursement of Village for expenses. The expenses and disbursements incurred in the carrying out of any order issued, as provided in § 193-138B of this section, shall become a lien upon the structure or premises named in the order, from the time of filing of a copy of said order, with a notice of the pendency of the action or proceeding as provided in this code, taken thereunder, in the office of the Clerk of the county where the property affected by such action, suit or proceeding is located; and the Supreme Court, to whom application shall be made, is hereby authorized and directed to grant any of the orders above named and to take such proceedings as shall be necessary to make the same effectual, and any justice to whom application shall be made is hereby authorized and directed to enforce such lien in accordance with the mechanic's-lien laws applicable to the Village.
A.
General penalties.
[Amended 1-6-1976 by L.L. No. 3-1976; 12-16-1985 by L.L. No.
11-1985; 6-16-1992 by L.L. No. 2-1992; 12-2-2014 by L.L. No.
4-2014]
B.
Any person or persons, associations or corporations who shall knowingly
and willfully violate any of the provisions of the Building Code or
fail to comply therewith or with any of the requirements thereof or
who shall erect, construct, alter or repair or has erected, constructed,
altered or repaired a structure in violation of any statement or plan
submitted and approved thereunder or of a permit or certificate issued
thereunder shall be punished by a fine of not less than $250 nor more
than the maximum fine permitted to be levied by a Village Justice
pursuant to the jurisdiction and powers conferred by the laws of the
State of New York for every such offense. The owner of a structure
or premises or part thereof where anything in violation of this code
shall be placed or shall exist and any architect, engineer, builder,
contractor, agent, person or corporation employed in connection therewith
and who may have assisted in the commission of such violation shall
each be guilty of a separate offense and, upon conviction thereof,
shall be dealt with as herein provided.
C.
Any person who enters or remains in any structure, building or premises
that has been previously posted by a Building Inspector, Zoning Inspector
or Fire Marshal as "unsafe, unlawful or not fit for human occupancy"
pursuant to the New York State Uniform Building Code or openly violates
any order of the Building Inspector, Zoning Inspector or Fire Marshal
shall be guilty of a misdemeanor, and upon conviction thereof, a fine
of not less than $2,500 nor more than $7,500 must be imposed and a
term of imprisonment for a period not to exceed one year may be imposed,
or both. Knowledge that the structure, building or premises had been
previously posted by a Building Inspector, Zoning Inspector or Fire
Marshal as "unsafe or not fit for human occupancy" is not an element
of this violation, and said violation shall be one of strict liability.
