An officer or employee of the Building Department,
to the extent necessary to administer and enforce the provisions of
this chapter, the Uniform State Code or any other law or statute,
shall have the right of lawful access and entry, at any reasonable
hour, to any building, structure or premises within the Village for
the purposes of inspection, upon giving the owner or occupant thereof
proof of his/her identity and official status and reasonable notice
of the purpose of such inspection.
The Superintendent of Buildings is hereby authorized
and empowered to adopt, from time to time, by general rule or regulation
or specifically with respect to any particular application for a permit
required or authorized by or pursuant to the provisions of this chapter,
the Uniform State Code or any other law or statute, the requirement
that any new structural or other materials, appliances or devices
or any new methods of construction, not otherwise standardized, accepted
or approved, shall be subjected to such tests as such officer may
direct or require in order to determine their character, quality,
fitness and efficiency for any intended purpose and whether the same
should be approved and accepted as being in conformity with the provisions
of this chapter. In every such case, all testing shall be conducted
under the supervision of a Department representative or an independent
certified testing laboratory of recognized standing, and the cost
and expense of such testing shall be paid for, in full, by the person(s)
seeking the approval and acceptance of such new materials, devices,
appliances or methods of construction.
On and after the effective date of this chapter,
no building or structure shall be altered so as to reduce either the
size of any room or the amount of window space therein to less than
that required for buildings and structures hereafter erected nor so
as to create any additional rooms unless the same shall be made to
conform to the requirements for rooms in buildings or structures hereafter
erected. No building or structure shall hereafter be enlarged nor
shall any building lot or plot on which it is located be diminished
so that the dimensions of any court, setback or yard intended to provide
light, air and ventilation shall be less than that prescribed for
buildings and structures hereafter erected.
Pursuant to the authority granted by such statute,
Articles 1, 2, 3, 4, 5, 6, 10 and 11 of the Multiple Dwelling Law
of the State of New York, as currently enacted or hereafter amended,
shall continue to have full legal application, force and effect within
the Village of New Hyde Park.
[Amended 11-1-2005 by L.L. No. 3-2005]
The Incorporated Village of New Hyde Park is
aware of and duly acknowledges the existence of § 20-2006
of the Village Law of the State of New York, and hereby supersedes
such section. Any person or corporation, whether as owner, lessee,
occupant, architect, building contractor or the agent or employee
of any of them, who violates or is accessory to the violation of any
provision of this chapter or any regulation made under the authority
conferred by this chapter or of the Uniform State Code or who shall
erect, construct, alter, enlarge, convert, or move any building or
structure without a building permit or in violation of any statement
or plans submitted and approved under the provisions of this chapter,
or who shall use any building, structure or land in violation of this
chapter or any regulation made under the authority conferred by this
chapter or violation of any building permit (including a special use
permit) without a building permit or certificate of occupancy or certificate
of existing use where one is required by this Code shall, upon conviction,
be guilty of a violation pursuant to this chapter only, unless otherwise
designated by law, punishable by a fine of not more than $2,000 or
imprisonment for not more than 15 days, or both. The conviction of
a second violation of any such provision or regulation, both of which
were committed within a period of five years, shall be punishable
by a fine of not more than $5,000 or imprisonment for not more than
15 days, or both. The conviction of a third or subsequent violation
of any such provision or regulation, all of which were committed within
a period of five years, shall be punishable by a fine of not more
than $10,000 or imprisonment of not more than 15 days, or both. Each
week's continued violation shall constitute a separate additional
violation.
