[HISTORY: Adopted by the Town Board of the
Town of Southold 7-17-1984 by L.L. No. 7-1984; amended it its entirety 12-19-2006 by L.L. No.
16-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings and property maintenance — See Ch.
100.
Outdoor burning — See Ch.
104.
Electrical inspections — See Ch.
126.
Environmental quality review — See Ch.
130.
Flood damage prevention — See Ch.
148.
Landmark preservation — See Ch.
170.
Exterior lighting — See Ch.
172.
Subdivision of land — See Ch.
240.
Waterfront consistency review — See Ch.
268.
Wetlands and shoreline — See Ch.
275.
This chapter shall be known as the "Uniform
Fire Prevention and Building Code Administration and Enforcement Law."
[Amended 5-9-2023 by L.L. No. 11-2023]
Article 18 of the Executive Law, as added by
Chapter 707 of the Laws of 1981, provides for the preparation of a
Uniform Fire Prevention and Building Code (Uniform Code), which shall
take effect on January 1, 1984, and the State Energy Conservation
Construction Code (the Energy Code), which shall take effect on January
1, 2007, and which every local government shall administer and enforce
on and after such date. This chapter to provide for the administration
and enforcement of the New York State Uniform Code Fire Prevention
and Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town of Southold. This
chapter is adopted pursuant to § 10 of the Municipal Home
Rule Law. Except as otherwise provided in the Uniform Code, the Energy
Code other state law, or other section of this chapter, all buildings,
structures, and premises, regardless of use of occupancy, are subject
to the provisions of this chapter.
[Amended 12-6-2011 by L.L. No. 13-2011; 3-11-2014 by L.L. No. 4-2014; 5-3-2016 by L.L. No. 3-2016]
A. It shall be the duty of the Building Inspectors (hereinafter
referred to as the "Building Inspector") to administer and enforce
the Uniform Code and the Energy Code and the provisions of this chapter.
B. In addition to the inspectors, as provided by Subsection
A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector.
C. For this chapter, the term "Building Inspector" shall
include and refer to:
(1) Building Inspectors of the Town of Southold;
(2) The Director of Code Enforcement of the Town of Southold;
(3) The Engineer Inspector of the Town of Southold;
(4) Building
Permits Examiner;
(6) Code Enforcement Officer.
D. Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings as herein
defined. Any word or term not noted below shall be used with a meaning
as defined in Webster's Third International Dictionary of the English
Language, unabridged (or latest edition).
[Amended 12-6-2011 by L.L. No. 13-2011; 3-11-2014 by L.L. No.
4-2014]
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions: patriotic,
political, civic, educational, or religious functions: food or drink
consumption; awaiting transportation; or similar purposes.
[Added 5-9-2023 by L.L. No. 11-2023]
BUILDING PERMIT
A building permit, construction permit, demolition permit
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended or extended pursuant to any provision of this chapter.
[Amended 5-9-2023 by L.L. No. 11-2023]
CERTIFICATE OF COMPLIANCE
A document issued by the Town of Southold stating that work
was done in compliance with approved construction documents and the
codes.
[Added 5-9-2023 by L.L. No. 11-2023]
CERTIFICATE OF OCCUPANCY
A document issued by the Town of Southold certifying that
the building or structure, or portion thereof, complies with the approved
construction documents that have been submitted to, and approved by
the Town of Southold, and indicating that the building or structure,
or portion thereof is in condition suitable for occupancy.
[Added 5-9-2023 by L.L. No. 11-2023]
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
[Amended 5-9-2023 by L.L. No. 11-2023]
FCNYS
The 2020 Fire Code of the State of New York as currently
incorporated by reference in 19 NYSCRR Part 1225.
[Added 5-9-2023 by L.L. No. 11-2023]
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYSCRR Part 1225 and the publications
incorporated therein by reference and the applicable provisions of
19 NYSCRR Part 1226 and the publications incorporated therein by reference.
[Added 5-9-2023 by L.L. No. 11-2023]
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid or gas associated with the semiconductor
manufacturing that has a degree-of-hazard rating in health, flammability,
or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems
for Identification of Hazards of Materials for Emergency Response),
and which is used directly in research, laboratory, or production
process which have, as their end product, materials that are not hazardous.
[Added 5-9-2023 by L.L. No. 11-2023]
INSPECTOR
An Inspector appointed pursuant to §
144-3D of this chapter.
[Added 5-9-2023 by L.L. No. 11-2023]
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
[Added 5-9-2023 by L.L. No. 11-2023]
OPERATING PERMIT
A permit issued pursuant to §
144-19 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.
[Added 5-9-2023 by L.L. No. 11-2023]
ORDER TO REMEDY
An order issued by the Building Inspector pursuant to §
144-25A of this chapter.
[Added 5-9-2023 by L.L. No. 11-2023]
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
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.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
[Added 5-9-2023 by L.L. No. 11-2023]
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
[Added 5-9-2023 by L.L. No. 11-2023]
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
[Added 5-9-2023 by L.L. No. 11-2023]
SOLAR POWER FAST TRACK PROGRAM
A program to expedite all applications for standard installations
of solar electric and solar hot water energy systems on residential
buildings and legal accessory structures on residential property as
developed by Long Island Unified Solar Permitting Initiative.
STANDARD INSTALLATION
Those installations that meet the following criteria, and
any subsequent amendment thereto:
(1)
Are not subject to architectural review or review by the Architectural
Review Board or Landmark Preservation Commission;
(2)
Are proposed for installation on a roof with a single layer
of roof covering;
(3)
Are to be flush-mounted parallel to the roof surface and no
more than six inches above the surface;
(4)
Have an eighteen-inch clearing at the roof ridge and an eighteen-inch
clearing path to the ridge;
(5)
Create a roof load of no more than five pounds per square foot
for photovoltaic (PV) and six pounds per square foot for residential
solar hot water (RSHW);
(6)
Be installed by LIPA-authorized contractors;
(7)
Use PV panels that have been certified by a nationally-recognized
testing laboratory as meeting the requirements of the Underwriters
Laboratory (UL) Standard 1703 and inverters must be on a list of New
York State Public Service Commission type tested inverters which are
tested by UL or other nationally recognized laboratories to conform
with UL 1741;
(8)
Use RSHW equipment that has been certified by the Solar Rating
and Certification Corporation under its OG-100 standard for solar
collectors;
(9)
Use other equipment such as modules, combiner boxes and a mounting
system that have been approved for public use; and
(10)
Be in full compliance with all current National Electrical Code
(NEC) requirements.
STOP-WORK ORDER
An order issued pursuant to §
144-13 of this chapter.
[Added 5-9-2023 by L.L. No. 11-2023]
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage or processing of maple sap into maple syrup and/or maple sugar.
[Added 5-9-2023 by L.L. No. 11-2023]
TENT
A structure, enclosure or shelter, including structures open
without sidewalls or sidewalls that drop on 75% or more of the perimeter,
constructed of fabric or pliable material supported by any manner
except by air or the contents it protects.
TOWN
The Town of Southold.
[Added 5-9-2023 by L.L. No. 11-2023]
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
[Added 5-9-2023 by L.L. No. 11-2023]
Where the provisions of this chapter conflict
with or impose a different requirement than any other provision of
the Southold Town Code, or any rule or regulation adopted thereunder,
the provision which establishes the higher standard or requirement
shall govern.
A. Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all the provisions
of the Uniform Code and Energy Code and regulations applicable to
the construction, alteration, repair, removal and demolition of buildings
and structures, and the installation and use of materials and equipment
therein, and the location, use, occupancy and maintenance thereof.
B. The Building Inspector shall receive, review, and
approve or disapprove applications and issue permits for the erection,
alteration, removal and demolition of buildings or structures or parts
thereof and shall examine the premises for which such applications
have been received or such permits have been issued, for the purpose
of ensuring compliance with the Uniform Code, Energy Code and other
laws, ordinances and regulations governing building construction.
C. The Building Inspector shall conduct construction
inspections, inspections to be made prior to the issuance of certificates
of occupancy, fire safety and property maintenance inspections, inspections
incidental to the investigation of complaints, and all other inspections
required or permitted under any provision of this chapter, shall administer
and enforce all the provisions of the Uniform Code, the Energy Code,
and this chapter and shall have the following powers and duties:
[Amended 5-9-2023 by L.L. No. 11-2023]
(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, certificates of compliance, temporary certificates of
occupancy, and operating permits and to include in terms and conditions
as the building inspector may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificate of occupancy and operating permits;
(3) To
conduct construction inspections; inspections to be made prior to
issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) To issue orders pursuant to §
144-25 (Compliance required; penalties for offenses) of this chapter;
(8) To collect fees as set by the Town Board of the Town
of Southold;
(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; and
(11)
To exercise all other powers and fulfill all
other duties conferred upon the Building Inspector by this chapter.
D. 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, advanced in-service training, and other training as the
State of New York shall require for code enforcement personnel, and
shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder.
E. In the
event that the Building Inspector is unable to serve as such for any
reason, another individual shall be appointed by the Town Board to
serve as a Building Inspector, during the term of their appointment,
exercise all powers and fulfill all duties conferred upon the Building
Inspector by this chapter.
[Added 5-9-2023 by L.L. No. 11-2023]
F. One or
more Inspectors may be appointed by the Town Board to act under the
supervision and direction of the Building Inspectors and to assist
the Building Inspectors in the exercise of the powers and fulfillment
of the duties conferred upon the Building Inspectors by this chapter.
Each Inspector 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 Department of State pursuant to the Executive Law and the
regulations promulgated thereunder.
[Added 5-9-2023 by L.L. No. 11-2023]
G. The compensation
for the Building Inspectors shall be fixed from time to time by the
Town Board of this Town of Southold by resolution or collective bargaining
agreement as applicable.
[Added 5-9-2023 by L.L. No. 11-2023]
H. Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, the Building Inspector
may require the performance of tests in the field by experienced,
professional persons or by accredited and authoritative testing laboratories
or service bureaus or agencies.
I. The Building Inspector shall keep permanent, official
records of all transactions and activities conducted by him, 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, and
stop-work orders issued;
(4) All inspections and tests performed;
(5) All statements and reports issued;
(7) All investigations conducted;
(8) All fees charged and collected.
J. The Building
Inspector shall keep permanent official records of all transactions
and activities conducted by all Building and Code Enforcement Personnel,
including records of:
[Added 5-9-2023 by L.L. No. 11-2023]
(1) All
applications received, reviewed and approved or denied;
(2) All
plans, specifications and construction documents approved;
(3) All
building permits, certificates of occupancy, certificates of compliance,
temporary certificates, stop-work orders, and operating permits issued;
(4) All
inspections and tests performed;
(5) All
statements and reports issued;
(7) All
investigations conducted;
(8) All
condition assessment reports received;
(9) All
fees charged and collected; and
(10) All other features and activities specified in or contemplated by §§
144-4 through
144-14, inclusive, of this chapter.
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.
K. 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.
L. Program review and reporting.
(1) The Building Inspector shall, as directed, submit
to the Town Board a written report and summary of all business conducted
by him, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending.
(2) The Building Inspector 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.
(3) The Building Inspector 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 in 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.
(4) The Building Inspector shall annually submit to the Town Board of this Town of Southold a written report and summary of all business conducted by the Building Inspector and its staff, including a report and summary of all transactions and activities described in §
144-14 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
[Added 5-9-2023 by L.L. No. 11-2023]
(5) The
Building Inspector shall annually submit to the Secretary of State,
on behalf of this Town of Southold, on a form prescribed by the Secretary
of State, a report of the activities of this Town of Southold relative
to administration and enforcement of the Uniform Code.
[Added 5-9-2023 by L.L. No. 11-2023]
(6) The
Building Inspector shall, upon request of the New York State Department
of State, provide to the New York State Department of State, true
and complete copies of the records and related materials this Town
of Southold is required to maintain; true and complete copies of such
portion of such records and related materials as can be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
[Added 5-9-2023 by L.L. No. 11-2023]
M. The Building Inspector 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 law 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 Building
Inspector may deem appropriate:
(1) Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
(2) 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 a
manner which violates this chapter of the Code;
(3) If appropriate, issuing a stop-work order;
(4) 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. Construction inspections
(1) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by an Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection
A(2) of this section is ready for inspection.
[Amended 5-9-2023 by L.L. No. 11-2023]
(2) Elements of work to be inspected. The following elements
of the construction process shall be inspected, where applicable:
(a)
Work site prior to the issuance of a building
permit;
(c)
Preparation for concrete slab;
(e) Structural, electrical, plumbing, mechanical, fire-protection and
other similar service systems.
[Added 5-9-2023 by L.L. No. 11-2023]
(f)
Building systems, including underground and
rough-in;
(g)
Fire-resistant construction;
(h)
Fire-resistant penetrations;
(i)
Solid-fuel-burning heating appliances, chimneys,
flues or gas vents;
(j)
Inspections required to demonstrate Energy Code
compliance, including, but not limited to, insulation fenestration,
air leakage, system controls, mechanical equipment size, and, where
required, minimum fan efficiencies, programmable thermostats, energy
recovery, whole-house ventilation, plumbing heat traps, and high-performance
lighting and controls;
(k) Installation, connection, and assembly of factory manufactured buildings
and manufactured homes; and
(l)
A final inspection after all work authorized
by the building permit has been completed.
(3) Remote
inspections. At the discretion of the Building Inspector or Inspector
authorized to perform construction inspections, a remote inspection
may be performed in lieu of an in-person inspection when, in the opinion
of the Building Inspector or such authorized Inspector, the remote
inspection can be perforated to the same level and quality as an in-person
inspection and the remote inspection shows to the satisfaction of
the Building Inspector or by such authorized Inspector that the elements
of the construction process conform with the applicable requirements
of the Uniform Code and Energy Code. Should a remote inspection not
afford the Building Inspector or such authorized Inspector sufficient
information to make a determination, an in-person inspection shall
be performed.
[Added 5-9-2023 by L.L. No. 11-2023]
(4) 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 manner in which
the work fails to comply with the Uniform Code or Energy Code, including
a citation to the specific code provision or provisions that have
not been met. 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.
(5) Fee. The fee specified in or determined in accordance with the provisions set forth in §
144-8D of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
[Added 5-9-2023 by L.L. No. 11-2023]
B. 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 or other authorized entity under Executive Law § 156-e
and Education Law § 807-b. Notwithstanding any other provision
of this section to the contrary, the Building Inspector may accept
an inspection performed by the Office of Fire Prevention and Control
or other authorized entity pursuant to §§ 807-a and
807-b of the Education Law and/or § 156-e of the Executive
Law, in lieu of a fire safety and property maintenance inspection
performed by the Building Inspector or by an authorized Inspector,
provided that:
[Amended 5-9-2023 by L.L. No. 11-2023]
(1) The
Building Inspector is satisfied that the individual performing such
inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);
(2) The
Building Inspector is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
(3) Such
inspections are performed no less frequently than once a year;
(4) A true
and complete copy of the report of each such inspection is provided
to the Building Inspector; and
(5) Upon receipt of each such report, the Building Inspector takes the appropriate action prescribed by §
144-25 (Compliance required; penalties for offenses) of this chapter.
C. Fee. The fee specified in or determined in accordance with the provisions set forth in §
144-8D of this chapter must be paid prior to or at the time each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
[Added 5-9-2023 by L.L. No. 11-2023]
D. Inspection of tents.
[Added 3-11-2014 by L.L. No. 4-2014]
(1) The Building Inspector or Code Enforcement Official shall perform
inspections on tents prior to the event for which the tent is to be
used. Tents must comply with all requirements of the New York State
Building Code and the following standards:
(a)
Sufficient exiting to a public way.
(b)
Tents over 200 square feet shall be made of flame-resistant
materials. A certificate attesting to that fact shall be available
on site for inspection.
(c)
All electrical supply shall be ground fault interrupted (GFI)
at the source.
(d)
Tent stakes shall be capped or covered in such a way to present
no hazard to the public.
(e)
No cooking shall be allowed under the tent.
(f)
All exiting aisles shall be maintained at a minimum of six feet
wide.
(g)
If the event under the tent is conducted after sunset, illuminated
exit signs and emergency exit lighting shall be provided. The lighting
shall be on a separate circuit.
(h)
Guy ropes shall not pass through exit paths unless maintained
more than seven feet above grade. Tent stakes shall not be in exit
paths.
(i)
Fire extinguishers as required by New York State Building Code
and the Town Building Inspector/Code Enforcement Official shall be
provided.
(2) A tent permit may be revoked by the Building Inspector or Code Enforcement Official if, upon inspection, it is determined that the tent does not comply with any of the standards set forth in § 144-6C(1) above or if the tent is used in violation of the provisions of §
144-8.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the police and fire officers and
all other municipal officials exercising any jurisdiction over the
construction, use or occupancy of buildings or the installation of
equipment therein.
A. Building permit/tent permit required prior to commencement;
exceptions.
[Amended 3-11-2014 by L.L. No. 4-2014]
(1) Except as otherwise provided in Subsection
A(2) of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, 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 Town of Southold.
[Amended 5-9-2023 by L.L. No. 11-2023]
(2) Exemptions.
No building permit shall be required for work in any of the following
categories:
[Amended 5-9-2023 by L.L. No. 11-2023]
(a)
Necessary repairs which do not materially affect
structural features.
(b)
Alterations to existing buildings, provided
that the alterations:
[2]
Do not materially affect structural features;
[3]
Do not affect firesafety features such as smoke
detectors, sprinklers, required fire separations and exits;
[4]
Do not involve the installation of electrical
systems; and
[5]
Do not include the installation of solid-fuel-burning
heating appliances and associated chimneys and flues.
(c)
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 144 square feet;
(d)
Installation of swings and other playground
equipment associated with a one- or two-family dwelling or multiple
single-family dwellings (townhouses);
(e)
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;
(f)
Installation of fences which are not part of
an enclosure surrounding a swimming pool;
(g)
Construction of retaining walls, unless such
walls support a surcharge or impound Class I, II, or IIIA liquids;
(h)
Construction of temporary sets and scenery associated
with motion pictures, television and theatre uses;
(i)
Installation of window awnings supported by
an exterior wall of a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(j)
Installation of partitions or movable cases
less than five feet nine inches in height;
(k)
Painting, wallpapering, tiling, carpeting, or
other similar finish work;
(l)
Installation of listed portable electrical,
plumbing, heating, ventilation or cooling equipment or appliances;
(m)
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
(n)
Repairs, provided that the work does not have
an impact on fire and life safety, such as i) any part of the structural
system; ii) the required means of egress; or iii) the fire protection
system or the removal from service of any part of the fire protection
system for any period of time.
(3) No tent shall be erected on any property, except properties wherein
the primary use is a single-family dwelling, unless a permit has been
issued by the Building Department. Tents may be erected for protection
from the elements for special events or for temporary activities that
are a permitted use of the premises in accordance with the Town Code
and the approved site plan for the premises, subject to the following
standards:
(a)
Tents should be removed as promptly as possible after the event
has concluded.
(b)
The duration of a tent permit shall be determined by the Building
Inspector or Code Enforcement Official, up to a maximum duration of
30 days.
(c)
A tent permit shall not issue if the parcel has an open building
permit or is the subject of a pending site plan review or the property
is subject to pending Town Code violation(s).
(d)
A permit is required from the State of New York for tents with
an occupancy of 300 or more unless owned, leased, or operated by a
bona fide religious, charitable, educational, fraternal, service,
veteran, or volunteer fire organization.
(4) 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
A(1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter
280, Zoning, of the Southold Town Code.
[Amended 5-9-2023 by L.L. No. 11-2023]
B. Any building permit issued in violation of the provisions
of this chapter shall be null and void and of no effect without the
necessity for any proceedings, revocations or nullification thereof;
and any work undertaken or use established pursuant to the issuance
of a permit in violation of the provisions of this chapter shall be
invalid.
C. Applications for building permits. Applications for
a building permit shall be made, in writing, on a form provided by
or otherwise acceptable to the Building Inspector. The application
shall be signed by the owner of the property where the work is to
be performed or an authorized agent of the owner. The application
shall include such information as the Building Inspector deems sufficient
to permit a determination by the Building Inspector 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:
[Amended 12-6-2011 by L.L. No. 13-2011; 2-14-2012 by L.L. No.
3-2012; 4-24-2012 by L.L. No. 6-2012; 5-9-2023 by L.L. No. 11-2023]
(1) A description
of the location, nature, extent, and scope of the proposed work;
(2) The
Tax Map number and the street address of any affected building or
structure;
(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 two sets of construction documents (drawings and/or specifications)
which:
(a) Describe the location, nature, extent, and scope of the proposed
work;
(b) Show that the proposed work will conform to the applicable provisions
of the Codes;
(c) Show the location, construction, size, and character of all portions
of the means of egress;
(d) Show a representation of the building thermal envelope;
(e) Show structural information, including, but not limited to, braced
wall designs, the size, section, and relative locations of structural
members, design loads, and other pertinent structural information;
(f) Show the proposed structural, electrical, plumbing, mechanical, fire-protection,
and other service systems of the building;
(g) Include a written statement indicating compliance with the Energy
Code;
(h) Include a site plan, drawn to scale and drawn in accordance with
an accurate boundary survey, showing the size and location of new
construction and existing structures and appurtenances on the site,
distances from lot lines, the established street grades and the proposed
finished grades, and, as applicable, flood hazard areas, floodways,
and design flood elevations; and
(i) Evidence that the documents were prepared by a licensed and registered
architect in accordance with Article 147 of the New York State Education
Law or a licensed and registered professional engineer in accordance
with Article 145 of the New York State Education Law and practice
guidelines, including, but not limited to, the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's registration
expiration date, the design professional's firm name (if not a sole
practitioner), and, if the documents are submitted by a professional
engineering firm and not a sole practitioner professional engineer,
the firm's Certificate of Authorization number.
(6) 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 Building Inspector, in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Building Inspector, 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.
(7) 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
Building Inspector shall issue a building permit if the proposed work
is in compliance with the applicable requirements of the Uniform Code
and Energy Code.
(8) 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.
(9) Work
to be 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 Building Inspector of any change
occurring during the course of the work. The building permit shall
contain such a directive. If the Building Inspector 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.
(10) Time
limits. Building permits shall become invalid unless the authorized
work is commenced within six months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Building Inspector.
(11) Revocation
or suspension of building permits. If the Building Inspector 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 Building
Inspector shall revoke the building permit or suspend the building
permit until such time as the permit holder demonstrates that:
(a) All work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code; and
(b) All work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Energy Code.
D. Permit fees. The
fee specified in or determined in accordance with the provisions set
forth in 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.
[Amended 8-10-2010 by L.L. No. 7-2010; 1-18-2011 by L.L. No.
2-2011; 12-6-2011 by L.L. No. 13-2011; 3-11-2014 by L.L. No.
4-2014; 5-9-2023 by L.L. No. 11-2023; 8-29-2023 by L.L. No. 21-2023]
(1) The fee for all permits and inspections required under this section
shall be established by resolution of the Town Board. Fees shall be
delineated as follows:
(a)
Single-family dwellings:
[1]
New dwellings and alterations or additions to existing dwellings.
[2]
Accessory buildings and additions or alterations to existing
accessory buildings.
(b)
Farm buildings and additions or alterations to existing farm
buildings.
(c)
Hotel, motel, multiple dwellings and business, industrial and
all other buildings, including wineries:
[1]
New buildings and additions and alterations to existing buildings.
[2]
Accessory buildings and additions and alterations to existing
accessory buildings.
(d)
Foundations constructed under existing buildings.
(e)
In-ground swimming pools, together with required enclosure fencing;
aboveground swimming pools, together with required enclosure fencing.
(f)
The permit fee for all signs as set by the Town Board.
(g)
Demolition and/or removal of any building.
(h)
Deer exclusion fences erected in accordance with §
280-105.
(i) The fee for standard applications for any residential solar energy
system.
(j)
The permit fee for tents.
(2) If an application is denied and a notice of disapproval is issued,
the fee for such notice shall be set by the Town Board.
(3) For the purpose of this Subsection
D, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area.
(4) Preconstruction fee. If any land clearing or excavation or building
or commencement of any construction activity is without the benefit
of applicable Town permits, all fees associated with any land clearing
or excavation or building or construction activity will be equal to
double the otherwise applicable fee for all permits as provided by
this chapter.
(5) Notwithstanding the foregoing, no fee shall be required of or paid
by taxing entities or districts, including but not limited to fire
districts, school districts, park districts and the like.
A. The Building Inspector shall approve or disapprove
the application within a reasonable time, and in all events within
10 business days.
B. Upon approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto.
C. Upon approval of the application, two sets of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the offices of the Building Inspector and the other set shall be returned
to the applicant, together with the building permit, and shall be
kept at the building site, open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
D. If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all the requirements of the Uniform Code and all
other applicable building regulations, the Building Inspector shall
disapprove the same and shall return the plans and specifications
to the applicant. The Building Inspector shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant
in writing.
[Amended 5-9-2023 by L.L. No. 11-2023]
A. The Building
Inspector shall determine the climatic and geographic design criteria
for buildings and structures constructed within this Town of Southold
as required by the Uniform Code. Such determinations shall be made
in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1) Design
criteria to include ground snow load; wind design loads; seismic category;
potential damage from weathering, frost, and termite; winter design
temperature; whether ice barrier underlayment is required; the air
freezing index; and the mean annual temperature;
(2) Heating
and cooling equipment design criteria for structures within the scope
of the RCNYS. The design criteria shall include the data identified
in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3) Flood
hazard areas, flood hazard maps, and supporting data. The flood hazard
map shall include, at a minimum, special flood hazard areas as identified
by the Federal Emergency Management Agency in the Flood Insurance
Study for the community, as amended or revised with:
(a) The accompanying Flood Insurance Rate Map (FIRM;)
(b) Flood Boundary and Floodway Map (FBFM); and
(c) Related supporting data along with any revisions thereto.
B. The Building Inspector shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection
A of this section, shall maintain such record within the office of the Building Inspector, and shall make such record readily available to the public.
[Amended 5-10-2011 by L.L. No. 5-2011]
A. Upon filing of an application for a building permit, fees shall be paid in accordance with §
144-8 of the Town Code.
B. In the event that a building permit expires as set forth in §
144-8C(10), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit.
C. In the
event that an application for a building permit is not approved, the
applicant shall be entitled to a refund of 50% of the fee paid, provided
that no construction has been commenced. If construction work has
been started and the application is not approved, the fees paid shall
not be refunded.
The Building Inspector may revoke a building
permit theretofore issued and approved in the following instances:
A. Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B. Where he finds that the 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 Building Inspector 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.
C. Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D. Where the person to whom a building permit has been
issued fails or refuses to comply with a stop-work order issued by
the Building Inspector.
A. The Building Inspector is authorized to issue stop-work
orders pursuant to this section. The Building Inspector shall issue
a stop-work order to halt:
(1) Any work that is determined by the Building Inspector
to be contrary to any applicable provision of the Uniform Code or
the 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 Building Inspector, 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:
[Amended 5-9-2023 by L.L. No. 11-2023]
(2) Be dated and signed by the Building Inspector;
(3) State the reason or reasons for issuance; and
(4) If applicable, state the conditions which must be
satisfied before work will be permitted to resume.
C. The Building Inspector 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 certified mail to the owner or permit holder and posting at
the work site. The Building Inspector shall be permitted, but not
required, to cause the stop-work order, or a copy thereof, to be served
on any or all of the following: 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 certified mail and posting; provided, however,
that failure to serve any person listed above shall not affect the
efficacy of the stop-work order.
D. 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, other than work
expressly authorized by the Building Inspector or Code Enforcement
Officer to correct the reason for issuing the stop-work order.
[Amended 5-9-2023 by L.L. No. 11-2023]
E. The issuance of a stop-work order shall not be the
exclusive remedy available to address any event described in 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 any other applicable local or state law. Any such 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.
Any Building Inspector, upon the showing of
proper credentials and in the discharge of his duties, may enter upon
any building, structure or premises at any reasonable hour, and no
person shall interfere with or prevent such entry.
A. No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall be occupied or used unless a certificate
of occupancy shall have been issued by the Building Inspector.
C. No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Building Inspector.
D. The owner or his agent shall make application for
a certificate of occupancy. Accompanying his application and before
the issuance of a certificate of occupancy, there shall be filed by
the Building Inspector an affidavit of the registered architect or
licensed professional engineer who filed the original plans, or of
the registered architect or licensed professional engineer who supervised
the construction of the work, or of the building contractor who supervised
the work and who, by reason of his experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit
shall state that the deponent has examined and approved plans of the
structure for which a certificate of occupancy is sought, that the
structure has been erected in accordance with approved plans and,
as erected, complies with the Uniform Code and Energy Code and other
laws governing building construction except insofar as variations
therefrom have been legally authorized. Such variations shall be specified
in the affidavit.
E. Certificates
of occupancy and certificates of compliance required. A certificate
of occupancy or certificate of compliance 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 or certificate of compliance.
[Added 5-9-2023 by L.L. No. 11-2023]
F. Issuance
of certificates of occupancy and certificates of compliance. The Building
Inspector shall issue a certificate of occupancy or certificate of
compliance 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, that 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 Building Inspector
or a Code Enforcement Officer authorized by the Building Inspector
shall inspect the building, structure, or work prior to the issuance
of a certificate of occupancy or certificate of compliance. 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 Building Inspector,
at the expense of the applicant for the certificate of occupancy or
certificate of compliance, shall be provided to the Building Inspector
prior to the issuance of the certificate of occupancy or certificate
of compliance:
[Added 5-9-2023 by L.L. No. 11-2023]
(1) A
written statement of structural observations and/or a final report
of special inspections;
(2) Flood
hazard certifications;
(3) A
written statement of the results of tests performed to show compliance
with the Energy Code; and
(4) Where
applicable, the affixation of the appropriate seals, insignias, and
manufacturer's data plates as required for factory manufactured buildings
and/or manufactured homes.
G. Contents
of certificates of occupancy and certificates of compliance. A certificate
of occupancy or certificate of compliance shall contain the following
information:
[Added 5-9-2023 by L.L. No. 11-2023]
(1) The
building permit number, if any;
(2) The
date of issuance of the building permit, if any;
(3) The
name (if any), address and Tax Map number of the property;
(4) If
the certificate of occupancy or certificate of compliance is not applicable
to an entire structure, a description of that portion of the structure
for which the certificate of occupancy or certificate of compliance
is issued;
(5) The
use and occupancy classification of the structure;
(6) The
type of construction of the structure;
(7) The
occupant load of the assembly areas in the structure, if any;
(8) Any
special conditions imposed in connection with the issuance of the
building permit; and
(9) The
signature of the Building Inspector issuing the certificate of occupancy
or certificate of compliance and the date of issuance.
H. Temporary
certificate of occupancy. The Building Inspector shall be permitted
to issue a temporary certificate of occupancy allowing the temporary
occupancy of a building or structure, or a portion thereof, prior
to completion of the work which is the subject of a building permit.
However, in no event shall the Building Inspector issue a temporary
certificate of occupancy unless the Building Inspector determines:
[Added 5-9-2023 by L.L. No. 11-2023]
(1) That
the building or structure, or the portion thereof covered by the temporary
certificate of occupancy, may be occupied safely;
(2) That
any required fire and life safety components, such as fire protection
equipment and fire, smoke, carbon monoxide, and heat detectors and
alarms are installed and operational;
(3) That
all required means of egress from the structure have been provided.
The Building Inspector may include in a temporary certificate
of occupancy such terms and conditions as he or she deems necessary
or appropriate to ensure the health and safety of the persons occupying
and using the building or structure and/or performing further construction
work in the building or structure. A temporary certificate of occupancy
shall be effective for a period of time, not to exceed six months,
which shall be determined by the Building Inspector and specified
in the temporary certificate of occupancy. During the specified period
of effectiveness of the temporary certificate of occupancy, the permit
holder shall undertake to bring the building or structure into full
compliance with all applicable provisions of the Uniform Code and
the Energy Code.
I. Revocation
or suspension of certificates. If the Building Inspector determines
that a certificate of occupancy, certification of compliance, or a
temporary certificate of occupancy was issued in error or on the basis
of incorrect information, and if the relevant deficiencies are not
corrected to the satisfaction of the Building Inspector within such
period of time as shall be specified by the Building Inspector, the
Building Inspector shall revoke or suspend such certificate.
[Added 5-9-2023 by L.L. No. 11-2023]
J. Fee. The
fee specified in or determined in accordance with the provisions set
forth in this chapter must be paid at the time of submission of an
application for a certificate of occupancy, certificate of compliance,
or for temporary certificate of occupancy.
[Added 5-9-2023 by L.L. No. 11-2023]
K. Certificate of occupancy fees.
[Added 8-10-2010 by L.L. No. 7-2010; amended 8-29-2023 by L.L. No. 21-2023]
(1) The following fees shall be paid upon the filing of an application
with the Building Inspector for a building permit, which fee shall
be paid into the general fund:
(a)
Business buildings and/or business uses and additions and alterations
thereto: to be determined by resolution of the Town Board.
(b)
New dwellings and additions and alterations thereto: to be determined
by resolution of the Town Board.
(c)
Accessory buildings and additions and alterations thereto: to
be determined by resolution of the Town Board.
(d)
Preexisting dwellings: to be determined by resolution of the
Town Board.
(e)
Updated certificates of occupancy by reason of additions or
alterations: to be determined by resolution of the Town Board.
(f)
Copies of certificates of occupancy: to be determined by resolution
of the Town Board.
(2) Notwithstanding the foregoing, no fee shall be required or paid by
taxing entities or districts, including but not limited to fire districts,
"school districts, park districts and the like.
A. Before issuing a certificate of occupancy, the Building
Inspector shall examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy; and he may conduct such inspections as he deems
appropriate from time to time during and upon completion of the work
for which a building permit has been issued.
B. There shall be maintained by the Building Inspector
a record of all such examinations and inspections, together with a
record of findings of violations of the Uniform Code, the Energy Code,
and other applicable laws.
Upon request, and the payment of a fee of $25,
the Building Inspector may issue a temporary certificate of occupancy
for a building or structure or part thereof before the entire work
covered by the building permit shall have been completed, provided
that such portion or portions as have been completed may be occupied
safely without endangering life or the public welfare.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the Uniform Code or the applicable building
laws, ordinances or regulations, the Building Inspector may require
the same to be subjected to tests in order to furnish proof of such
compliance.
[Added 5-9-2023 by L.L. No. 11-2023]
A. Operation permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1) Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity
tables found in Chapter 50 of the FCNYS;
(2) Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(b)
Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(d)
Chapter
26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(e)
Chapter 31, "Tents, Temporary Special Event Structures, and
Other Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
(f)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter
34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire by-products or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270;
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with the permitting
requirements as hereafter amended from time to time.
(3) Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS;
(4) Buildings containing one or more assembly areas;
(5) Outdoor events where the planned attendance exceeds 1,000 persons;
(6) Facilities that store, handle or use hazardous production materials;
(7) Parking garages as defined in this chapter;
(8) 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 Southold; and
(9) Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board of the Town of Southold. Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection
A shall be required to obtain an operating permit prior to commencing such activity or operation.
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 Building Inspector. Such application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that quantities, materials, and activities
conform to the requirements of the Uniform Code. If the Building Inspector
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
Building Inspector, at the expense of the applicant.
C. Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection
A(1) through
A(7) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with §
144-23 (Fire Safety and Property Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with §
144-20 (Condition Assessments of Parking Garages) of this chapter, as applicable.
D. Inspections. The Building Inspector or an Inspector authorized by
the Building Inspector shall inspect the subject premises prior to
the issuance of an operating permit. Such inspections shall be performed
either in-person or remotely. Remote inspections in lieu of in-person
inspections may be performed when, at the discretion of the Building
Inspector or an Inspector authorized by the Building Inspector, the
remote inspection can be performed to the same level and quality as
an in-person inspection and the remote inspection shows to the satisfaction
of the Building Inspector or Code Enforcement Officer authorized by
the Building Inspector that the premises conform with the applicable
requirements of the Uniform Code and the code enforcement program.
Should a remote inspection not afford the Town of Southold sufficient
information to make a determination, an in-person inspection shall
be performed. After inspection, the premises shall be noted as satisfactory
and the operating permit shall be issued, or the operating permit
holder shall be notified as to the manner in which the premises fail
to comply with either or both of the Uniform Code and the code enforcement
program, including a citation to the specific provision or provisions
that have not been met.
E. 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 Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in their discretion, issue a single operating permit to apply to all such activities.
F. Duration of operating permits. Operating permits shall be issued
for a specified period of time consistent with local conditions, but
in no event to exceed as follows:
(1) Thirty days for tents, special event structures, and other membrane
structures;
(2) Thirty days for alternative activities at a sugarhouse;
(3) Three years for the activities, structures, and operations determined per Subsection
A(9) of this section, and
(4) One year for all other activities, structures, and operations identified in Subsection
A of this section. 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 Building Inspector, payment of the applicable fee, and approval of such application by the Building Inspector.
G. Revocation or suspension of operating permits. If the Building Inspector
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.
H. Fee. The fee specified in or determined in accordance with the provisions set forth in §
144-8D of this chapter must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
[Added 5-9-2023 by L.L. No. 11-2023]
A. Definitions. For the purposes of this section:
CONDITION ASSESSMENT
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure;
DETERIORATION
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component;
PARKING GARAGE
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
(1)
Buildings in which the only level used for parking or storage
of motor vehicles is on grade;
(2)
An attached or accessory structure providing parking exclusively
for a detached one- or two-family dwelling; and
(3)
A townhouse unit with attached parking exclusively for such
unit;
PROFESSIONAL ENGINEER
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations;
RESPONSIBLE PROFESSIONAL ENGINEER
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
UNSAFE CONDITION
Includes the conditions identified as "unsafe" in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the PMCNYS; and
UNSAFE STRUCTURE
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B. Condition assessments - general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection
C of this section, periodic condition assessments as described in Subsection
D of this section, and such additional condition assessments as may be required under Subsection
E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town of Southold, in accordance with the requirements of Subsection
F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C. Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003 and August
28, 2018, then prior to October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the
chapter enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this chapter.
D. Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E. Additional condition assessments.
(1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection
C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2) If the Town of Southold becomes aware of any new or increased deterioration which, in the judgment of the Town of Southold, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection
C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town of Southold to be appropriate.
F. Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Town of Southold within 60 days. Such condition
assessment report shall be sealed and signed by the responsible professional
engineer, and shall include:
(1) An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2) An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3) An evaluation and description of the unsafe conditions;
(4) An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5) An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6) An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7) The responsible professional engineer's recommendation regarding
preventative maintenance;
(8) Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or she
reviewed all previously prepared condition assessment reports available
for such parking garage, and considered the information in the previously
prepared reports while performing the current condition assessment
and while preparing the current report; and
(9) The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age, maintenance
history, structural condition, construction materials, frequency and
intensity of use, location, exposure to the elements, and any other
factors deemed relevant by the responsible professional engineer in
their professional judgment.
G. Review condition assessment reports. The Town of Southold shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town of Southold shall, by order to remedy or such other means of enforcement as the Town of Southold may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection
F(2) and
(3). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town of Southold to take any other enforcement action, including, but not limited to, suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
H. The Town of Southold shall retain all condition assessment reports
for the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment of
a parking garage, and who provides the Town of Southold with a written
statement attesting to the fact that he or she has been so engaged,
the Town of Southold shall make the previously prepared condition
assessment reports for such parking garage (or copies of such reports)
available to such professional engineer. The Town of Southold shall
be permitted to require the owner or operator of the subject parking
garage to pay all costs and expenses associated with making such previously
prepared condition assessment reports (or copies thereof) available
to the professional engineer.
I. This section shall not limit or impair the right or the obligation
of the Town of Southold:
(1) To perform such construction inspections as are required by §
144-6 Inspections required of this chapter;
(2) To perform such periodic fire safety and property maintenance inspections as are required by §
144-23 (Fire Safety and Property Maintenance Inspections) of this chapter; and/or
(3) To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Town of Southold by means of its own inspections or observations,
by means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
[Added 5-9-2023 by L.L. No. 11-2023]
The chief of any fire department providing firefighting services
for a property within this Town of Southold shall promptly notify
the Building Inspector of any fire or explosion involving any structural
damage, fuel burning appliance, chimney, or gas vent.
[Added 5-9-2023 by L.L. No. 11-2023]
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town of Southold shall be identified and addressed in accordance with the procedures established by Chapter
100 of the Town Code, as now in effect or as hereafter amended from time to time.
[Added 5-9-2023 by L.L. No. 11-2023]
A. Inspections
required. Fire safety and property maintenance inspections of buildings
and structures shall be performed by the Building Inspector or a Code
Enforcement Officer designated by the Building Inspector at the following
intervals:
(1) At
least once every 12 months for buildings which contain an assembly
area;
(2) At
least once every 12 months for public and private schools and colleges,
including any buildings of such schools or colleges containing classrooms,
dormitories, fraternities, sororities, laboratories, physical education,
dining, or recreational facilities; and
(3) At
least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B. Remote
inspections. At the discretion of the Building Inspector or Inspector
authorized to perform fire safety and property maintenance inspections,
a remote inspection may be performed in lieu of in-person inspections
when, in the opinion of the Building Inspector or such authorized
Inspector, the remote inspection can be performed to the same level
and quality as an in-person inspection and the remote inspection shows
to the satisfaction of the Building Inspector or such authorized Inspector
that the premises conform with the applicable provisions of 19 NYCRR
Part 1225 and the publications incorporated therein by reference and
the applicable provisions of 19 NYCRR Part 1226 and the publications
incorporated therein by reference. Should a remote inspection not
afford the Building Inspector or such authorized Inspector sufficient
information to make a determination, an in-person inspection shall
be performed.
C. Inspections permitted. In addition to the inspections required by Subsection
A of this section, a fire safety and property maintenance inspection of any buildings structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an Inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(1) The
request of the owner of the property to be inspected or an authorized
agent of such owner;
(2) Receipt
by the Building Inspector of a written statement alleging that conditions
or activities failing to comply with the Uniform Code or Energy Code
exist; or
(3) Receipt
by the Building Inspector of any other information, reasonably believed
by the Building Inspector 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.
D. 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 or other authorized entity
under Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary,
the Building Inspector may accept an inspection performed by the Office
of Fire Prevention and Control or other authorized entity pursuant
to § 807-a and § 807-b of the Education Law and/or
§ 156-e of the Executive Law, in lieu of a fire safety and
property maintenance inspection performed by the Building Inspector
or by an authorized Inspector, provided that:
(1) The
Building Inspector is satisfied that the individual performing such
inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);
(2) The
Building Inspector is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
(3) Such
inspections are performed no less frequently than once a year;
(4) A
true and complete copy of the report of each such inspection is provided
to the Building Inspector; and
(5) Upon receipt of each such report, the Building Inspector takes the appropriate action prescribed by §
144-25 (Compliance required; penalties for offenses) of this chapter.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in §
144-8D of this chapter must be paid prior to or at the time each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
[Added 5-9-2023 by L.L. No. 11-2023]
A. The Building
Inspector 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
chapter, ordinance or regulation adopted for administration and enforcement
of the Uniform Code or the Energy Code.
B. The process
for responding to a complaint shall include such of the following
steps as the Building Inspector may deem to be appropriate:
(1) Performing
an inspection of the conditions and/or activities alleged to be in
violation, and documenting the results of such inspection;
(2) 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 §
144-26 of this chapter;
(3) If
appropriate, issuing a stop-work order;
(4) 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.
[Amended 3-11-2014 by L.L. No. 4-2014; 5-9-2023 by L.L. No. 11-2023]
A. Orders to remedy. The Building Inspector 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. An order to
remedy shall be in writing; shall be dated and signed by the Building
Inspector; shall specify the condition or activity that violates the
Uniform Code, the Energy Code, or this chapter; shall 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;
and shall include a statement substantially similar to the following:
"The person or entity served with this Order to Remedy must completely
remedy each violation described in this Order to Remedy by [specify
date], which is thirty (30) days after the date of this Order to Remedy."
The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, chapter or ordinance, and which the Building Inspector
may deem appropriate, during the period while such violations are
being remedied. The Building Inspector shall cause the order to remedy,
or a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail within five days
after the date of the order to remedy. The Building Inspector shall
be permitted, but not required, to cause the order to remedy, 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
within five days after the date of the order to remedy; 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 Building Inspector and each Inspector are authorized
to issue appearance tickets for any violation of the Uniform Code.
C. Penalties. In addition to such other penalties as
may be prescribed by state law:
(1) For
each offense against any provisions of the Uniform Code, Energy Code,
or of this chapter, or any regulations made pursuant thereto, or failure
to comply with a written notice or order of any Building Inspector
within the time fixed for compliance therewith, the owner, occupant,
builder, architect, contractor or their agents or any other person
who commits, takes part or assists in the commission of any such offense
or who shall fail to comply with a .written order or notice of any
Building Inspector shall, upon a first conviction thereof, be guilty
of a violation punishable by a fine not to exceed $5,000 or imprisonment
for a period not to exceed 15 days, or both. Each day on which such
violation shall occur shall constitute a separate, additional offense.
For a second and subsequent conviction within 36 months thereafter,
such person shall be guilty of a violation punishable by a fine not
to exceed $10,000 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment.
(2) It
shall be unlawful for any person, firm or corporation to erect a tent
in violation of the provisions of this chapter, or to fail in any
manner to comply with a notice, directive or order of the Building
Inspector or Code Enforcement Official; the owner, occupant, or their
agents or other person who commits any such offense shall, upon first
conviction thereof, be guilty of a violation punishable by a fine
not to exceed $1,000. Each day on which such violation shall occur
shall constitute a separate, additional offense. For a second and
subsequent conviction within 36 months thereafter, such person shall
be guilty of a violation punishable by a fine not to exceed $2,500.
D. Injunctive
relief. An action or proceeding may be instituted in the name of this
Town of Southold, 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,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, or other notice or order issued
by the Building Inspector 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, order to remedy 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 of Southold, 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 subdivision shall be commenced without the appropriate
authorization from the Town Board of this Town of Southold.
E. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 §
144-13 (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 §
144-13 (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.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and those remedies shall be
in addition to the penalties prescribed in the preceding section.
[Added 5-9-2023 by L.L. No. 11-2023]
The Town Board of this Town of Southold may, by resolution,
authorize the Town of Southold to enter into an agreement, in the
name of this Town of Southold, 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.