[Amended 7-9-1984 by L.L. No. 5-1984; 10-6-1997 by L.L. No.
9-1997]
The Board of Trustees of the village, as and
for its building code, hereby adopts and accepts the applicability
of the Uniform Fire Prevention and Building Code which became effective
January 1, 1984, as amended from time to time.
[Amended 4-5-1982 by L.L. No. 11-1982]
The following shall be and are hereby declared to be the fire limits of the village: all those parts or portions of the village defined in Chapter 265, Zoning, as "General Business District," "Retail Business District," "Limited Business District" and "Multiple Dwelling or Apartment District." In addition, any frame building converted to public assembly, regardless of location, shall be considered to be within the fire limits.
[Amended 10-6-1997 by L.L. No. 9-1997]
There is hereby designated in the village a
public official to be known as the "Building Official," who shall
be appointed by the Mayor, at a compensation to be fixed by said Mayor.
In the absence of the Building Official or in
the case of his or her inability to act for any reason, the Mayor
shall have the power, with the consent of the Board of Trustees, to
designate a person to act in behalf of the Building Official and to
exercise all the powers conferred upon him or her by this chapter.
[Amended 12-17-1973[1]]
The Mayor may appoint one or more building inspectors,
plumbing inspectors, fire inspectors and/or electrical inspectors,
as the need may appear, to act under the supervision of the Building
Official and to exercise any portion of his or her powers and duties.
The compensation of such inspectors shall be fixed by the Mayor.
No officer or employee of the Building Department
shall engage in any activity inconsistent with his or her duties or
with the interests of the Building Department.
A.
Contents of records. The Building Official shall keep
permanent official records of all transactions and activities conducted
by him or her, including all applications received, permits and certificates
issued, fees charged and collected, inspection reports and notices
and orders issued. All such records shall be public records open to
public inspection during business hours.
B.
Monthly report to Board of Trustees. The Building
Official shall, monthly, submit to the Board of Trustees a written
report and summary of all business conducted by the Building Department,
including permits and certificates issued, fees collected, orders
and notices promulgated, inspections and tests made and appeals or
litigation pending.
The Building Official may request and shall
receive, so far as may be necessary in the discharge of his or her
duties, the assistance and cooperation of the Police, Fire and Health
Departments and of all municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
Enforcement generally. Except as otherwise specifically
provided by law, ordinance or regulation or except as herein otherwise
provided, the Building Official shall administer and enforce all of
the provisions of laws, ordinances 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.
Adoption of rules. He or she shall have the power
to adopt rules, with the consent of the Board of Trustees, to secure
the intent and purposes of this article and a proper enforcement of
the laws, ordinances and regulations governing building construction.
C.
Handling applications, permits. He or she shall receive
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 laws, ordinances and regulations governing building construction.
D.
Issuance of notices, orders; making inspections. He
or she shall issue all appropriate notices or orders to remove illegal
or unsafe conditions, to require the necessary safeguards during construction
and to ensure compliance during the entire course of construction
with the requirements of such laws, ordinances and regulations. He
or she shall make all inspections which are necessary or proper for
the carrying out of his or her duties, except that he or she may accept
written reports of inspection from building inspectors or other employees
of the Building Department or from generally recognized and authoritative
service and inspection bureaus, provided that the same are certified
by a responsible official thereof.
E.
Authority to require tests. Whenever the same may
be necessary or appropriate to assure compliance with the provisions
of applicable laws, ordinances and regulations covering building construction,
he or she 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.
The Building Official and the building, plumbing
and fire inspectors, upon the showing of proper credentials and in
the discharge of their duties, may enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere
with or prevent such entry.
[Added 3-7-1977 by L.L. No. 5-1977]
A.
Administrative inspections. Under circumstances described
in this section, the Village Justice may, upon the application of
a public servant acting in the course of his or her official duties,
issue an inspection warrant whenever an inspection of any place, premises,
building or thing is required or authorized by any provision of the
Code of the Village of Cedarhurst.
B.
Inspection warrants.
(1)
An inspection warrant is a court order authorizing
a public servant to conduct an inspection of a designated place, premises,
building or thing within the boundaries of the village.
(3)
An inspection warrant may authorize an inspection
to be conducted in any part of the village where process, warrant
or other mandates of the court issuing such inspection warrant may
be served or executed.
(4)
An inspection warrant must be executed not more than
14 days after the date of issuance.
(5)
In the absence of express authorization or limitation
in the warrant, an inspection warrant shall be executed between the
hours 8:00 a.m. and 10:00 p.m.
C.
Application for inspection warrant.
(1)
An application for an inspection warrant shall be
in writing, subscribed and sworn to by a public servant acting in
the course of his or her official duties.
(2)
The application shall contain:
(a)
The name of the court and the name and title
of the applicant.
(b)
A statement that the applicant is acting in
the course of his or her official duties and that the inspection requested
is authorized by the Code of the Village of Cedarhurst.
(c)
A statement that there is probable cause to
believe that a violation of the Municipal Code exists with respect
to a designated place, premises, building or thing or that such inspection
is sought to be made as part of a routine or area inspection in accordance
with legislative or administrative standards.
(d)
A designation by name, title or classification
of the person or persons authorized by the Code of the Village of
Cedarhurst to conduct such inspection.
(e)
Allegations of fact supporting such statements.
Such allegations of fact may be based upon personal knowledge of the
applicant or upon information and belief, provided that in the latter
event the sources of such information and the grounds of such belief
are stated. The applicant may also submit depositions of other persons
containing allegations of fact supporting or tending to support those
contained in the application.
(3)
The application may also contain a request that the inspection warrant be made executable at any hour of the day or night, on the grounds that there is reasonable cause to believe that the warrant cannot be effectively executed between the hours of 8:00 a.m. and 10:00 p.m. or the inspection cannot be effectively accomplished if not made forthwith, any requests made pursuant to this subsection must be accompanied and supported by an allegation of a kind as described in Subsection C(2)(e) of this section.
(4)
The application must contain a statement or allegation
that consent to entry for inspection purposes has been refused or
a demonstration of facts or circumstances reasonably justifying the
failure to seek such consent.
D.
Examination of application.
(1)
In examining an application for an inspection warrant,
the Village Justice may question under oath any persons whom he or
she believes may possess pertinent information.
(2)
If the Village Justice is satisfied that grounds exist
for the issuance of a warrant, he or she may grant the application
and issue an inspection warrant directing an inspection of the designated
place, premises, building or thing. If the Village Justice is further
satisfied that grounds exist for authorizing the inspection to be
made at any hour of the day or night, he or she may make the warrant
executable accordingly.
E.
Inspection warrants, execution.
(1)
An inspection warrant shall contain:
(a)
The name of the issuing court and the subscription
of the issuing judge.
(b)
A designation by name, title or classification
of the person or persons authorized to execute the warrant.
(c)
A description of the place, premises, building
or thing which is the subject of the inspection.
(d)
A designation of the place, premises, building
or thing being inspected by means of address, ownership name or other
means essential for identification.
(e)
A direction that the warrant be executed on
any day of the week between the hours of 8:00 a.m. and 10:00 p.m.
or, where the court has specifically determined, an authorization
for execution at any time of the day or night.
(2)
Except as authorized in Subsection E(3) of this section, in executing an inspection warrant, the person authorized to execute the warrant shall, before entry, give or make reasonable effort to give notice of his authority and purpose to the occupant of the place, premises, building or thing designated in the warrant and show such person the warrant or a copy on request.
(3)
In executing an inspection warrant, the person authorized to execute the warrant need not give notice to anyone of his or her authority and purpose as prescribed in Subsection E(2) of this section, but may promptly enter the same if the place, premises, building or thing to be inspected is at the time unoccupied or reasonably believed by the person authorized to execute the warrant to be unoccupied.
(4)
A peace officer may be requested to assist in the
execution of the inspection warrant. Within 14 days after the warrant
is executed, the person who executed such warrant shall file a return
with the Village Justice who issued the warrant, certifying to the
execution of the warrant.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable building laws, ordinances
or regulations, the Building Official may require the same to be subjected
to tests in order to furnish proof of such compliance.
In accordance with § 383 of Article
18 of the Executive Law of the State of New York, it shall be unlawful
for any person to construct, alter, repair, move, remove, demolish,
equip, use, occupy or maintain any building or structure or portion
thereof in violation of any provision of law or rule promulgated by
the Building Department in accordance with applicable laws; or to
fail in any manner to comply with a notice, directive or order of
the Building Official or to construct, alter, use or occupy any building
or structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
[Added 12-4-2006 by L.L. No. 15-2006]
In all prosecutions based upon the violation
of nonpermitted occupancies of one- and two-family dwellings, the
following provisions shall apply:
A.
As to one-family dwellings, there shall be a rebuttable
presumption that any one-family dwelling is being used as a residence
to two or more families when it maintains each, any combination, or
all of the following:
(1)
More than one gas meter; more than one electric
meter; more than one water meter.
(2)
More than one mailbox, mail slot and/or post
office address; more than one doorbell or doorway at any entrance
to a dwelling; more than one doorbell or doorway on the same side
of any separate building or separate dwelling unit on a property.
(3)
More than one television or satellite antenna,
or connecting line for cable TV.
(4)
More than one separate entrance for segregated
portions of a separate building or separate dwelling unit; if there
are partitions or locked internal doors barring access between segregated
portions of the premises, including bedrooms.
(5)
Separate oral or written leases or rental agreements
or the payment of rent for portions of such separate building or separate
dwelling unit among its owner and residents.
(6)
Two or more kitchens (each containing a range
or oven, refrigerator or sink).
(7)
A separate exterior entrance to a cellar or
basement, other than an in-ground cellar door.
B.
As to two-family dwellings, there shall be a rebuttable
presumption that any two-family dwelling is being used as the residence
of three or more families when it maintains each, any combination,
or all of the following:
(1)
More than two gas meters; more than two electric
meters; more than two water meters.
(2)
More than two mailboxes, mail slots and/or post
office addresses; more than two doorbells or doorways at any entrance
to a dwelling; more than two doorbells or doorways on the same side
of any separate building or separate dwelling unit on a property.
(3)
More than two television or satellite antennas,
or connecting lines for cable TV.
(4)
More than two separate entrances for segregated
portions of any separate building or separate dwelling unit; if there
are partitions or locked internal doors barring access between segregated
portions of the premises, including bedrooms.
(5)
Separate oral or written leases or rental agreements
or the payment of rent for portions of such separate building or separate
dwelling unit among its owner and residents.
(6)
Three or more kitchens (each containing a range
or oven, refrigerator or sink).
(7)
A separate exterior entrance to a cellar or
basement providing a third or more entrances, other than an in-ground
cellar door.
C.
There shall be a rebuttable presumption that a dwelling
which has been advertised in any newspaper, magazine or publication,
local or otherwise, or has been listed with a real estate broker as
being available for sale or rent, which advertisement or listing contains
more than one separate living unit where the dwelling is a legal one-family
dwelling, or more than two separate living units where the dwelling
is a legal two-family dwelling.
D.
There shall be a rebuttable presumption that a dwelling
is being used by more than one family where the dwelling is a legal
one-family dwelling, and more than two families where the dwelling
is a two-family dwelling, where three or more vehicles are registered
to the dwelling address and each of the owners of such vehicles have
different surnames or where utilities such as telephone, television,
gas, electric or water services are billed to two or more persons
with different surnames, together with any of the foregoing rebuttable
presumptions.
E.
Any of the foregoing rebuttable presumptions set forth in Subsections A and B shall be deemed rebutted by evidence presented that a valid building permit and/or a certificate of occupancy or certificate of completion permitting the existence of such duplicate or multiple items has been duly issued and approved by the Superintendent of the Building Department.
[Added 12-4-2006 by L.L. No. 15-2006]
It shall be a violation for a person or entity
to solicit or advertise for purposes of selling, leasing or renting
property or portions of property to be utilized in violation or contravention
of the uses permitted in the Zoning Chapter of this Code.[1]
[Added 3-4-2019 by L.L.
No. 11-2020]
Construction, improvement or renovation, or the operation of
equipment in connection with any improvement, construction or renovation
with respect to the interior or exterior of any private property,
shall take place only between the hours of 8:00 a.m. and 6:00 p.m.
Monday through Sunday. The restrictions in this section shall not
apply to any such activity authorized by a Village official in charge
of the appropriate Village department in case of emergency, nor to
such activity when performed by or for a government agency or a utility
company, or to any activities occurring solely within the interior
of a building where the sound from such activity is not audible beyond
the property line of the private property where the activity is being
conducted.
A.
Issuance. Whenever the Building Official has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued or in an unsafe and dangerous manner, he
or she shall notify the owner of the property or the owner's agent
or the person performing the work to suspend all work, and any such
persons shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded.
B.
Contents, service. Such order and notice shall be
in writing, shall state the conditions under which the work may be
resumed and may be served upon a person to whom it is directed either
by delivering it personally to him or her or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered mail or by certified mail.
[Amended 11-9-2010 by L.L. No. 9-2010]
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 these remedies shall be
in addition to penalties otherwise prescribed by law.
The provisions hereof shall apply to and include
the installation, alteration and repair of heating, ventilating, air-conditioning
and refrigeration equipment.[1]
