Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 6-19-2007 by L.L. No. 9-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Historic Review Board — See Ch. 25.
Burglar alarm device control — See Ch. 91.
Numbering of buildings — See Ch. 110.
Unsafe buildings — See Ch. 111.
Electrical installations — See Ch. 133.
Fire prevention — See Ch. 143.
Housing standards — See Ch. 157.
Plumbing — See Ch. 212.
Property maintenance — See Ch. 216.
Site plan review — See Ch. 246.
Stormwater management — See Ch. 249A.
Subdivision of land — See Ch. 254.
Zoning — See Ch. 290.
INTRODUCTION
The Town Board of the Town of Clarkstown adopts this chapter pursuant to Title 19 NYCRR 1203.2(a), which mandates a locally adopted program for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code). Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
[1]
Editor's Note: This local law also repealed former Ch. 109, Building Construction Administration, adopted as follows: Art. I, Administration, 4-3-1974 by L.L. No. 2-1974 (Ch. 29 of the 1974 Code), as amended; Art. II, Building Permit Requirements, 4-3-1974 by L.L. No. 2-1974 (Ch. A111 of the 1974 Code), as amended.

§ 109-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
The Chief Code Enforcement Officer appointed pursuant to § 109-2A of this chapter.
BUILDING PERMIT
A permit issued pursuant to § 109-3 of this chapter. The term "building permit" also includes a building permit which is renewed, amended or extended pursuant to any provisions of this chapter.
CERTIFICATE OF OCCUPANCY OR USE
A certificate issued pursuant to § 109-6 of this chapter.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer, which title is mandated by the Department of State as the administrator of the Uniform Code, appointed pursuant to § 109-2A of this chapter. In the Town of Clarkstown, this position is held by the Building Inspector, which, for the purposes of clarification, may also be known as the "Chief Code Enforcement Officer," who is duly appointed by the Town Board.
CODE ENFORCEMENT PERSONNEL
The Code Enforcement Officer (Building Inspector) and all inspectors under his supervision, including the Deputy Building Inspector, Plans Examiner, Plumbing Inspector, Assistant Building Inspectors, Code Enforcement Officers I, II, and III, Chief Fire Safety Inspector, Fire Safety Inspector, and Assistant Fire Safety Inspectors as well as all other code enforcement officials or personnel in the title or position as duly appointed by the Clarkstown Town Board.
COMPLIANCE ORDER
A written order issued by the Code Enforcement Officer or other code enforcement personnel pursuant to § 109-15 of this chapter (see notice of violation).
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as may be hereafter amended.
INSPECTOR
An inspector appointed pursuant to § 109-2D of this chapter.[1]
NOTICE OF VIOLATION OR VIOLATION NOTICE
A written order to remedy any condition or activity to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, Chapter 143 of the Town Code or this or other applicable chapters of the Town Code. The term "notice of violation" is interchangeable with "compliance order" and "order to remedy." It is sometimes referred to by the abbreviated "violation."
OPERATING PERMIT
Known also as a "certificate of compliance," is a permit issued pursuant to § 109-9 of this chapter and Chapter 143 (Fire Prevention) of the Code of the Town of Clarkstown. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit, operating permit or other 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.
STOP-WORK ORDER
An order issued pursuant to § 109-5 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 109-6D of this chapter.
TOWN
The Town of Clarkstown.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended.
[2]
[1]
Editor's Note: The former definition of "New York Energy Star® labeled home," added 8-26-2008 by L.L. No. 13-2008, which immediately followed, was repealed 9-20-2011 by L.L. No. 6-2011.
[2]
Editor's Note: The former definition of “Zoning Administrator,” which immediately followed, was repealed 3-22-2016 by L.L. No. 4-2016.

§ 109-2 Code Enforcement Officer and inspectors.

A. 
The Office of the Code Enforcement Officer is hereby created and shall be the Officer of the Building Inspector. The Code Enforcement Officer (Building Inspector) shall administer and enforce all the provisions of the Uniform Code, the Energy Code and all laws 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 and the use and occupancy of land. The Code Enforcement Officer may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police Department and all other Town officials. The Code Enforcement Officer or any employee in the Office of the Code Enforcement Officer shall not engage in any activity inconsistent with his duties or with the interests of the Town of Clarkstown. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy or use, temporary certificates 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 or use, temporary certificates and operating permits, and to include in building permits, certificates of occupancy or use, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy or use, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 109-15 of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Town Board of the Town;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with the Town Attorney and the Building Inspector, 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
[Amended 3-22-2016 by L.L. No. 4-2016]
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B. 
The Town Board shall appoint the Code Enforcement Officer (Building Inspector). The Code Enforcement Officer shall possess background and experience related to building construction and 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 the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Code Enforcement Officer is unable to serve as such for any reason the Deputy Building Inspector, in the event of his incapacity, shall serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter. In the event of the simultaneous incapacity of the Code Enforcement Officer and the Acting Code Enforcement Officer, the Town Board may appoint an Interim Acting Code Enforcement Officer.
D. 
One or more inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and/or to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer. 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 State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

§ 109-3 Building permits.

A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or 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 Code Enforcement Officer.
[Amended 8-26-2008 by L.L. No. 13-2008; 11-9-2016 by L.L. No. 12-2016]
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet;
(2) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(4) 
Installation of fences which are not part of an enclosure surrounding a swimming pool;
(5) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(6) 
Construction of temporary motion-picture, television and theater stage sets and scenery;
(7) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(8) 
Installation of partitions or movable cases less than five feet nine inches in height;
(9) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(10) 
Installation of listed portable electrical, plumbing, heating, ventilating or cooling equipment or appliances;
(11) 
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
(12) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The owner of the property where the work is to be performed or an authorized agent of the owner shall sign the application. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the code enforcement personnel that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) 
A description of the proposed work;
(2) 
A plot plan by a licensed surveyor, scaled not less than one inch to 50 feet, showing the dimensions of the lot and its relationship to the street and any accepted Town, state or county highway. It shall also show the location of all available utilities and improvements, including driveways, and shall have the approval of the Director of Environmental Control.
(3) 
The Tax Map number and the street address of the premises where the work is to be performed;
(4) 
The occupancy classification of any affected building or structure;
(5) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(6) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
E. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D of this section. Construction documents, which are accepted as part of the application for a building permit, shall be marked as accepted by the Code Enforcement Officer or his designee in writing or by stamp. The Code Enforcement Officer shall retain one set of the accepted construction documents, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F. 
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time. Upon approval of the application and upon receipt of the fees thereof, 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. Upon approval of the application, both 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 files of the Code Enforcement Officer, 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 Code Enforcement Officer or his authorized representative at all reasonable times. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Code Enforcement Officer shall disapprove the same and return the plans and specifications to the applicant. Upon the request of the applicant, the Code Enforcement Officer shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
[Amended 3-22-2016 by L.L. No. 4-2016]
G. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
H. 
Work to be in accordance with construction documents.
(1) 
All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
(2) 
Amendments to the applications or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Code Enforcement Officer. The owner or lessee, or agent of either or by the architect, engineer or builder employed in connection with the proposed work shall make application. Where a person other than the owner makes such application, it shall be accompanied by an affidavit of the owner or applicant that the owner authorizes the proposed work and that the applicant is authorized to make such application.
I. 
Foundation permit. A foundation permit shall authorize the applicant to clear the project area and install sewers, drainage, utilities, the base course of roads and scheduled foundations in accordance with the plans and specifications filed with the office of the Code Enforcement Officer and the office of the Director of Environmental Control. No other work, construction, etc. can be permitted, authorized or accomplished under a foundation permit.
(1) 
Each application for a combination of a separate foundation permit and building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining properties, widths and grades of adjoining streets, walks and alleys and, where required by the Code Enforcement Officer, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings.
(2) 
Where such application is for construction not previously reviewed under § 246-12B(2) (Site Plan Review) or § 254-12B (Subdivision of Land) by the Department of Environmental Control, then such application shall also be accompanied by an erosion control plan and plan review fee in accordance with the requirements of § 246-12B(2), § 254-12, and Chapter 249A (Stormwater Management), as applicable. The Code Enforcement Officer shall refer said erosion control plan and plan review to the Department of Environmental Control.
(3) 
Such foundation permit may be converted to a full building permit upon compliance with the foregoing and upon certification by the Code Enforcement Officer of compliance with the terms and conditions of the foundation permit and upon certification by the Director of Environmental Control that sewers and drainage, and certification by the Highway Superintendent that the base course of streets, if required, for the proposed project has been completely and correctly installed.
J. 
Demolition and rebuilding. When a building permit is sought to construct a proposed one-family dwelling on a site already having an occupied dwelling and such site is not qualified for an additional dwelling unit, the existing dwelling must be demolished prior to the issuance of the building permit unless all of the following conditions are met:
(1) 
The applicant certifies that the existing dwelling serves as his principal residence and that the same shall be demolished within 30 days after issuance of the new certificate of occupancy for the proposed dwelling.
(2) 
The applicant resides in and shall continue to reside in the existing dwelling during the construction period for the new dwelling.
(3) 
Only one dwelling on the site shall be occupied at any time.
(4) 
The Code Enforcement Officer and Director of Department of Environmental Control provide written certification that adequate provisions have been made to safeguard the occupants of the premises from unreasonable risk of personal injury during the construction period, and that such measures as may be required have been accepted and shall be observed by the property owner, all occupants and all contractors.
(5) 
The proposed dwelling requires no variances and, upon demolition and removal of the preexisting dwelling, shall meet all zoning requirements.[1]
[1]
Editor's Note: See Ch. 290, Zoning.
(6) 
The applicant agrees to indemnify and save harmless the Town of Clarkstown from any liability that may result as a consequence of the issuance of the building permit while the existing premises are occupied as a dwelling.
(7) 
The applicant furnishes an undertaking in the form of a performance bond with surety or other satisfactory security such as an irrevocable letter of credit, all in a form satisfactory to the Town Attorney, to guarantee demolition and removal of the existing dwelling within 30 days after completion of the proposed dwelling, and in the event such dwelling is not so removed or is occupied in violation of the undertaking, the undertaking shall further provide right of entry and authorization for the Town to enter upon the premises without notice to effect such removal at the property owner's expense. If the premises become unoccupied for a period of 30 days at any one time or in the aggregate or if construction on said new dwelling ceases or is not complete within one year from the issuance of the building permit, the undertaking shall further provide that permission to occupy the existing structure shall lapse and the premises must forthwith be removed.
(8) 
The Town Board on application of the property owner may, for good cause, waive the condition set forth in § 109-3J(5), provided that the occupants of the existing premises shall not be exposed to a greater risk of harm during the construction of the new dwelling as a result of any variance which had been approved prior to issuance of the requested building permit.
K. 
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 18 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 Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer.
L. 
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based, or because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:
(1) 
All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and
(2) 
All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
M. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 109-17 (Fees) of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 109-4 Construction inspections.

A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and roughing in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the Building Permit has been completed.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
D. 
Testing. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 109-5 Stop-work orders.

A. 
Authority to issue. The Code Enforcement Officer and code enforcement personnel are authorized to issue stop-work orders pursuant to this section. A stop-work order will be issued to halt:
(1) 
Any work that is determined by the Code Enforcement Officer or his designee to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer or his designee, 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:
(1) 
Be in writing;
(2) 
Be dated and signed by the Code Enforcement Officer or his designee;
(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. 
Service of stop-work orders. Code enforcement personnel 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. Code enforcement personnel shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 109-15 of this chapter or under any other applicable chapter or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 109-6 Certificates of occupancy or use.

A. 
Certificates of occupancy or use required. A certificate of occupancy or use 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 use.
B. 
Issuance of certificates of occupancy or use. The Code Enforcement Officer shall issue a certificate of occupancy or use if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or use. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy or use, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or use:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Written confirmation from the Director of Environmental Control that all required improvements have been completed; and
(3) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy or use. A certificate of occupancy or use shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy or use is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or use is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Code Enforcement Officer or his designee issuing the certificate of occupancy or use and the date of issuance.
D. 
Temporary certificate. The Code Enforcement Officer or his designee shall be permitted to issue a temporary certificate 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 Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, 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.
E. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy or use or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer or his designee shall revoke or suspend such certificate.
F. 
Condominium, fee simple with homeowners' association, cooperative or rental developments. If the building or structure is to be used as one of the aforementioned, no certificate of occupancy shall be issued for more than 45% of the units until all recreation facilities and community facilities are completed; provided, however, that the Clarkstown Planning Board, during site plan approval, may reduce to a lesser percentage, but not less than 25%, the number of certificates of occupancy to be issued prior to the completion of recreation and community facilities.

§ 109-7 Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within the Town shall promptly notify the Code Enforcement Officer and the Chief Fire Safety Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 109-8 Unsafe building and structures.

Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures of Chapter 111 established by Local Law Number 1 of 1979, as now in effect or as hereafter amended.

§ 109-9 Operating permits.

A. 
Operating permits required.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(b) 
Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Clarkstown.
(2) 
Any person who proposes to undertake any activity or to operate any type of building or use listed in this Subsection A or in § 143-11 of the Code of the Town of Clarkstown is 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 Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the code enforcement personnel that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the code enforcement personnel, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Officer or code enforcement personnel shall inspect the subject premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time not to exceed one year and are renewable and payable for the coming year by January 31 of each year. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
F. 
Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit can be revoked or suspended.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 109-17 (Fees) of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 109-10 Firesafety and property maintenance inspections.

A. 
Inspections required. The Code Enforcement Officer or a designated inspector shall perform firesafety and property maintenance inspections of buildings and structures at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this subsection, shall be performed prior to the issuance of the operating permit.
B. 
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit or premises, may also be performed by the Code Enforcement Officer or other code enforcement personnel 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 Code Enforcement Office 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 Code Enforcement Office of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C. 
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary:
(1) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 109-17 (Fees) of this chapter and as set forth in Chapter 143 (Fire Prevention) of the Code of the Town of Clarkstown must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.

§ 109-11 Complaints.

The Code Enforcement Officer or his designee 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 other regulation. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 109-15 of this chapter;
C. 
If appropriate, issuing a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

§ 109-12 Recordkeeping.

A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy or use, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 109-3 through 109-11 of this chapter;
(9) 
All fees charged and collected.
B. 
All such records shall be public records open for public inspection during normal business hours, subject to the Town's current policies of compliance with the Freedom of Information Law. 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.

§ 109-13 Program review and reporting.

A. 
The Code Enforcement Officer shall submit to the Town Board of this Town on an annual basis, or more frequently as his policy dictates, a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 109-12 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code.
C. 
The Code Enforcement Officer shall, upon the request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.

§ 109-14 Noncompliance.

It is a violation of this chapter for any person (as defined in § 109-1 above) to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building, structure, parcel of land or portion thereof in violation of any provision of this chapter or in a manner not permitted by an approved building permit or certificate of occupancy. Failure in any manner to comply with a notice, directive or order of any code enforcement personnel is a separate and distinct violation of this chapter.

§ 109-15 Notices of violation; authority to issue appearance tickets.

A. 
Code enforcement personnel are 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, Chapter 143 (Fire Prevention) of the Town Code of the Town of Clarkstown, this chapter or other chapters of the Town Code, except those where enforcement is performed solely by police officers. Upon finding that any such condition or activity exists, the inspector may issue a notice of violation. The notice of violation shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer or inspector; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, this or other chapters of the Town Code; (4) specify the provision or provisions of the Uniform Code, the Energy Code, this chapter or other chapters of the Town Code which is/are violated by the specified condition or activity; (5) specify the period of time which the inspector deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The inspector shall cause the notice of violation, or a copy thereof, to be served on the owner of the affected property personally and by first class mail or by certified mail. The inspector shall be permitted, but not required, to cause the notice of violation, 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 certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the notice of violation.
B. 
Appearance tickets. Code enforcement personnel are authorized to issue appearance tickets for any violation of the Uniform Code, this chapter, Chapter 143 (Fire Prevention) of the Town Code of the Town of Clarkstown as well as other applicable chapters of the Town Code pursuant to Article 150 of the Criminal Procedure Law of the State of New York.

§ 109-16 Penalties for offenses.

A. 
Penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy or use, temporary certificate, stop-work order, operating permit or other notice or order issued by code enforcement personnel pursuant to any provision of this chapter, shall be guilty of a violation, punishable by a fine of not more than $2,500 for each day or part thereof during which such violation continues. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $7,500 and not more than $10,000. Any person found guilty of a fourth or subsequent offense of any provision of this chapter within 18 months of the date of the third conviction shall be punished by a fine of not less than $10,000 and not more than $15,000. The penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town.
[Amended 4-9-2013 by L.L. No. 2-2013]
B. 
Injunctive relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy or use, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by code enforcement personnel pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
C. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 109-5 (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 § 109-5 (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.

§ 109-17 Fees.

A. 
Permit and other fees to be collected for matters administered by the Office of the Code Enforcement Officer shall be established from time to time by resolution of the Town Board.
B. 
Notwithstanding the provisions of § 109-17A above, the Code Enforcement Officer shall waive payment of the building permit fee for a qualified applicant and property owner who or which meets the following criteria:
(1) 
The applicant is the record owner of the premises for which the building permit is sought and all of the following conditions are applicable:
(a) 
The property is tax-exempt;
(b) 
The premises are owned by a corporation or a domestic corporation as defined in § 102 of the Not-For-Profit Corporation Law;
(c) 
Such corporation was qualified as a Type B, C, or D corporation under the Not-For-Profit Corporation Law or, if such corporation has preexisted the adoption of such law, it would be so qualified; and
(d) 
Such corporation has qualified for tax exemption under Section 501(c)(3) of the Internal Revenue Code.

§ 109-18 Intermunicipal agreements.

The Town Board may, by resolution, authorize the Supervisor to enter into an agreement, in the name of the Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

§ 109-19 Partial invalidity.

If any section of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this chapter.