Village of Upper Brookville, NY Building Code Administration and Enforcement

CERTIFICATE OF CONTINUED USE

This local law was originally designated to be added as Chapter 9, but was renumbered to maintain the organizational style of the Code.

§ 92-1 Purpose.

This chapter provides for the administration and enforcement of the Code of the Village of Upper Brookville (Village Code), the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) within the Village of Upper Brookville. This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Village Code, the Uniform Code or other state law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.

§ 92-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING CODE PERSONNEL

Includes the Building Inspector and the Deputy Building Inspector.

BUILDING INSPECTOR

The Building Inspector appointed pursuant to § 92-3B of this chapter.

BUILDING PERMIT

A permit issued pursuant to § 92-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.

A certificate issued pursuant to § 92-8 of this chapter.

CERTIFICATE OF OCCUPANCY

A certificate issued pursuant to § 92-8B of this chapter.

DEPUTY BUILDING INSPECTOR

A Deputy Building Inspector appointed pursuant to § 92-3D of this chapter.

ENERGY CODE

The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

ENFORCEMENT OFFICER

The Building Inspector, Deputy Building Inspector, Village Code Enforcement Officer or Street Commissioner while exercising their respective authorized duties.

NOTICE OF VIOLATION

A notice and/or order issued by the Village Code Enforcement Officer, Building Inspector or Deputy Building Inspector pursuant to § 92-16A of this chapter.

OPERATING PERMIT

A permit issued pursuant to § 92-11 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.

PERMIT

A written document issued by a designated official or board granting permission to conduct a regulated activity.

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.

STOP-WORK ORDER

An order issued pursuant to § 92-6 of this chapter.

STRUCTURE

That which is built or constructed, or a portion thereof.

TEMPORARY CERTIFICATE

A certificate issued pursuant to § 92-8D of this chapter.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

VILLAGE

The Village of Upper Brookville.

VILLAGE CODE ENFORCEMENT OFFICER

The Village Code Enforcement Officer appointed pursuant to § 92-3F of this chapter.

§ 92-3 Building Inspector.

The Village shall have the public office of Building Inspector. The Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energy Code. The Building Inspector shall have the following powers and duties:

To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, temporary certificates, certificates of continued use and operating permits (hereinafter collectively referred to as “permits and certificates”), and the plans, specifications and construction documents submitted with such applications;

Upon approval of such applications, to issue permits and certificates, and to include in permits and certificates such terms and conditions as the Building Inspector may determine to be appropriate;

To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, temporary certificates, certificates of continued use 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 chapter;

To issue stop-work orders;

To review and investigate complaints;

To issue notices of violations and orders pursuant to § 92-16A, Notices of violation, of this chapter;

To maintain records;

To collect fees as set by Chapter 112, Fees and Deposits, of the Village Code;

To pursue administrative enforcement actions and proceedings;

(10)

In consultation with this Village's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Village Code, Uniform Code, and the Energy Code. or to abate or correct conditions not in compliance with such Codes; and

(11)

To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter.

The Building Inspector shall be appointed by resolution of the Board of Trustees. 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 the Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

In the event that the Building Inspector is unable to serve as such for any reason, an individual shall be appointed by resolution of the Board of Trustees to serve as Acting Building Inspector. The Acting Building Inspector shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Building Inspector by the Village Code.

One or more Deputy Building Inspectors may be appointed by resolution of the Board of Trustees to act under the supervision and direction of the Building Inspector and to assist the Building Inspector in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspector by the Village Code. Each Deputy Building 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 Deputy Building Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

The compensation for the Building Inspector and Deputy Building Inspectors shall be fixed from time to time by the Board of Trustees of the Village.

The Board of Trustees may also appoint a Village Code Enforcement Officer. The Village Code Enforcement Officer is a public officer who shall have the authority to enforce provisions of the Village Code, including the issuance of appearance tickets and notices of violation for violations of the Village Code. The Village Code Enforcement Officer's powers may extend to enforcement of the Uniform Code and/or Energy Code; provided (s)he shall 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 obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

§ 92-4 Building permits.

Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work that requires a building permit which must conform to the Village Code, 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 permanent heating appliance, chimney or flue in any dwelling unit or structure; swimming pool or hot tub heater; driveways and courts; and sanitary systems. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.

Exemptions. No building permit shall be required for work in any of the following categories:

Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

Installation of movable cases less than five feet nine inches in height;

Painting, wallpapering, tiling, carpeting, or other similar finish work;

Replacement of exposed electrical or plumbing fixtures or appliances;

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

Repairs, provided that such repairs do not involve:

The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;

The removal or change of any required means of egress; or the rearrangement of parts of a structure in a manner which affects egress;

The enlargement, alteration, replacement or relocation of any building system; or

The removal from service of all or part of a fire protection system for any period of time.

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 Village Code, Uniform Code or the Energy Code.

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 by 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 Village Code, Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:

A description of the proposed work;

The Tax Map number and the street address of the premises where the work is to be performed;

The occupancy classification of any affected building or structure;

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

Two sets of construction documents (drawings and/or specifications) which:

Define the scope of the proposed work;

Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

Substantiate that the proposed work will comply with the Village Code, Uniform Code and the Energy Code.

Two copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of the building, and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter, including the location of any existing or proposed well or septic system. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started so that the Building Inspector may determine by measurement in the field that the yard requirements for the district in which the use is located have been met.

Construction documents. Construction documents and plot plans (“plans”) 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. Plans 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. One set of the accepted plans shall be retained by the Building Inspector, and one set of the accepted plans shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Inspector. However, the return of a set of accepted plans 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.

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 Village Code, 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 Village Code, Uniform Code and Energy Code.

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.

Work to be performed in accordance with construction documents. All work shall be performed in accordance with the plans 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.

Time limits. Building permits for single-family dwellings shall expire 24 months after the date of issuance. For all other construction, a building permit shall expire 12 months after the date of issuance. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed for an additional twelve-month period upon application by the permit holder and payment of the applicable fee in Chapter 112 of the Village Code. No further renewals of a building permit shall be granted, unless authorized by the Board of Trustees upon good cause shown.

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 Village Code, 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 Village Code, Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Village Code, Uniform Code and the Energy Code.

Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 112 of this Code 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.

No building permit shall be issued for a use listed in § 205-8A(2) and (3), except in conformity with the procedure set forth in Article VI, Conditional Uses, of Chapter 205 of the Village Code.

Any building, extension or alteration for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter or of an amendment thereto, and the ground-story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter or amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted and the building is completed within two years of the adoption of this chapter or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period, or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.

Whenever the Village Board, by resolution, authorizes a public hearing on a proposed amendment to this chapter, and for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged, or altered, and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.

§ 92-5 Construction inspections.

Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by a Deputy Building Inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.

Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

Work site prior to the issuance of a building permit;

Footing and foundation;

Preparation for concrete slab;

Framing;

Building systems, including underground and rough-in;

Fire-resistant construction;

Fire-resistant penetrations;

Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

Energy Code compliance; and

(10)

A final inspection after all work authorized by the building permit has been completed.

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 Village Code, Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Village Code, Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Village Code, Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

Fee. Any fee specified in or determined in accordance with the provisions set forth in Chapter 112 of this Village Code must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 92-6 Stop-work orders.

Authority to issue. The Enforcement Officer is authorized to issue or serve stop-work orders pursuant to this section, except that only the Building Inspector and Deputy Building Inspector are authorized to issue stop-work orders for violations of the Uniform Code or Energy Code. Any other public servant authorized by the Board of Trustees may also serve a stop-work order. A stop-work order shall halt:

Any work that is contrary to any applicable provision of the Village Code, Uniform Code or Energy Code, without regard to whether such work is or is not work for which a permit is required, and without regard to whether a permit has or has not been issued for such work; or

Any work that is being conducted in a dangerous or unsafe manner, without regard to whether such work is or is not work for which a permit is required, and without regard to whether a permit has or has not been issued for such work; or

Any work for which a permit is required which is being performed without the required permit, or under a permit that has become invalid, has expired, or has been suspended or revoked.

Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Enforcement Officer, state the reason or reasons for issuance, order the suspension of all permit activities until the stop-work order has been rescinded, and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.

Service of stop-work orders. The Enforcement Officer 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 registered or certified mail. The Enforcement Officer 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 registered or certified mail; the service of such stop-work order by e-mail or facsimile to the e-mail address or facsimile number listed on the application for building permit shall be presumptive evidence that the addressee has received a stop-work order; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

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.

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 § 92-16, Enforcement; penalties for offenses, of this chapter or under any other applicable local law 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.

§ 92-7 Revocation of permit.

The Enforcement Officer may revoke a permit theretofore issued and approved in the following instances:

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 permit was based.

Where he finds that the permit was issued in error and should not have been issued in accordance with the applicable law.

Where he finds that the work performed under a valid permit is not being prosecuted in accordance with the provisions of the application, plans or specifications and the permit holder fails or refuses to comply with the requirements of a notice of violation or stop-work order and the Board of Trustees after notice and hearing approves the revocation of the permit.

§ 92-8 Certificates of occupancy; temporary certificates; certificates of continued use.

Certificates of occupancy required. A certificate of occupancy 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.

Issuance of certificates of occupancy. The Building Inspector shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Village Code, 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 Village Code, Uniform Code and Energy Code. The Building Inspector or a Deputy Building Inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. 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, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy:

A written statement of structural observations and/or a final report of special inspections; and

Flood hazard certifications.

Contents of certificates of occupancy. A certificate of occupancy shall contain the following information:

The building permit number, if any;

The date of issuance of the building permit, if any;

The name, address and Tax Map number of the property;

If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued;

The use and occupancy classification of the structure;

The type of construction of the structure;

The assembly occupant load of the structure, if any;

If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

Any special conditions imposed in connection with the issuance of the building permit; and

(10)

The signature of the Building Inspector issuing the certificate of occupancy and the date of issuance.

Temporary certificate. The Building Inspector 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 Building Inspector issue a temporary certificate unless the Building Inspector determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Building Inspector 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 Village Code or Uniform Code. A temporary certificate 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. 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 Village Code, Uniform Code and the Energy Code.

Any building or structure having been erected, enlarged or altered without a building permit, and for which an applicant now seeks a certificate of occupancy, may be entitled to a certificate of continued use provided that the structure conforms to all zoning, building code and other governmental approvals required at the time the building or structure was erected, enlarged or altered. This certificate of continued use shall be in lieu of a certificate of occupancy for the structure.

It shall be the duty of the Building Inspector to issue a certificate of continued use provided the use and location of the building or structure conformed with all the provisions of the Village Zoning Ordinance[1] in effect at the time of its erection, enlargement or alteration. The applicant shall submit surveys, construction plans showing the building or structure as constructed, electrical underwriter certificates, and other governmental approvals required at the time of erection, enlargement or alteration, and any other document reasonably necessary for the Building Inspector to determine that such building or structure was built in conformance with all municipal requirements in place at the time of its erection, enlargement or alteration.

Editor’s Note: See Ch. 205, Zoning.

Revocation or suspension of certificates. If the Building Inspector determines that a certificate of occupancy, temporary certificate, or certificate of continued use was issued in error because of incorrect, inaccurate or incomplete 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.

Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 112 of this Village Code must be paid at the time of submission of an application for a certificate of occupancy, temporary certificate or certificate of continued use.

§ 92-9 Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within this Village shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 92-10 Unsafe buildings and structures.

Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter 93,[1] as now in effect or as hereafter amended from time to time.

Editor's Note: See Ch. 93, Buildings, Unsafe.

§ 92-11 Operating permits.

Operating permits required.

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 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;

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;

Use of pyrotechnic devices in assembly occupancies;

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 Board of Trustees of the Village.

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.

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.

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.

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 his or her discretion, issue a single operating permit to apply to all such activities.

Duration of operating permits. Operating permits shall remain in effect until reissued, renewed, revoked, or suspended.

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.

Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 112 of this Code 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.

§ 92-12 Firesafety and property maintenance inspections.

Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or a Deputy Building Inspector designated by the Building Inspector at the following intervals:

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.

Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) shall be performed at least once every 36 months.

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, may also be performed by the Building Inspector or a Deputy Building Inspector designated by the Building Inspector at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Village Code, Uniform Code or Energy Code exist; or 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 Village Code, 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.

Firesafety inspections need not be conducted by Village officials if such inspections are routinely conducted by the Nassau County Fire Marshal's Office or higher authority.

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:

The Building Inspector 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;

The Building Inspector 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;

The Building Inspector 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

The Building Inspector 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.

Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 112 of the Code must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.

§ 92-13 Complaints.

The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Village Code, Uniform Code, the Energy Code, or any other local law or regulation adopted for administration and enforcement of the Village Code, Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector, Deputy Building Inspector or Village Code Enforcement Officer may deem to be appropriate:

Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

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 § 92-16, Enforcement; penalties for offenses, of this chapter;

If appropriate, issuing a stop-work order;

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.

§ 92-14 Recordkeeping.

The Building Inspector shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:

All applications received, reviewed and approved or denied;

All plans, specifications and construction documents approved;

All building permits, certificates of occupancy, temporary certificates, certificates of continued use, stop-work orders, and operating permits issued;

All inspections and tests performed;

All statements and reports issued;

All complaints received;

All investigations conducted;

All fees charged and collected; and

All other features and activities specified in or contemplated by §§ 92-4 through 92-13, 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.

§ 92-15 Program review and reporting.

The Building Inspector shall annually submit to the Board of Trustees of this Village a written report and summary of all business conducted by the Building Inspector and the Deputy Building Inspectors, including a report and summary of all transactions and activities described in § 92-14, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.

The Building Inspector shall annually submit to the Secretary of State, on behalf of this Village, on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code.

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 this Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Village in connection with administration and enforcement of the Uniform Code.

§ 92-16 Enforcement; penalties for offenses.

Notices of violation. The Enforcement Officer 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 Village Code, Uniform Code, or the Energy Code. Upon finding that any such condition or activity exists, the Building Inspector shall issue a notice of violation. The notice of violation shall be in writing; be dated and signed by the Enforcement Officer; specify the condition or activity that violates the Village Code, Uniform Code, or the Energy Code; specify the provision or provisions of the Village Code, Uniform Code, or the Energy Code which is/are violated by the specified condition or activity; specify the period of time which the Enforcement Officer deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Enforcement Officer shall cause the notice of violation, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Building 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.

Appearance tickets. The Enforcement Officer and any other public officer who, by virtue of office, title or position is authorized or required to enforce any statute, local law, ordinance, rule or regulation relating to parking, licensing of occupations or businesses, fire prevention and safety, health and sanitation, and building, zoning and planning, are hereby authorized to issue appearance tickets relating to enforcement of said statutes, local laws, ordinances, rules or regulations; provided, however, that peace officers are also hereby authorized to issue appearance tickets relating to enforcement of any statute, local law, ordinance, rule or regulation affecting the public health, safety and welfare. However, only the Building Inspector and Deputy Building Inspector are authorized to issue appearance tickets for violations of the Uniform Code or Energy Code.

Penalties for offenses.

Violations and penalties.

Any owner, lessee, contractor, agent or individual, whether a person, partnership or corporation, shall be guilty of an offense if he:

Occupies, uses or maintains, or causes or permits to be occupied, used of maintained; or erects, enlarges, alters or converts, or causes, or permits to be erected, enlarged, altered or converted any building, structure or part thereof or any land in the Village not in conformity with the provisions of the Village Code, Uniform Code or Energy Code; or

[2]

In any manner violates, or allows, causes, permits, takes part or assists in a violation of any provision of the Village Code, Uniform Code or Energy Code or of any regulation, order or ruling promulgated thereunder, including, but not limited to, the terms or conditions of any building permit, certificate of occupancy, temporary certificate, certificate of continued use, stop work order, operating permit, or a decision of the Board of Zoning Appeals or Planning Board; or

[3]

Violates any written stop-work order.

A person convicted of an offense shall be guilty of a violation as defined in the Penal Law.

A violation of two or more sections of the Village Code, Uniform Code, or Energy Code, or provisions within a section, shall be separate and distinct offenses for which a fine may be levied.

Each and every day a violation exists or continues shall constitute a separate and distinct violation conviction for which shall be an additional offense.

(e)

Each violation of the Uniform Code or Energy Code shall be punishable by a fine not less than $1,000 and not to exceed $5,000, or a term of imprisonment not to exceed 15 days, or both.

(f)

Each violation of the Village Code shall be punishable by a fine or term of imprisonment specified in such Code for the particular violation.

(g)

If any person fails to abate any such violation of this chapter within five calendar days after written notice has been served personally upon said person, or within 10 days after written notice has been sent to said person by certified mail at said person’s home or business address, said person shall be subject to a civil penalty of $1,000 for each and every day that said violation continues, recoverable by suit brought by the Village.

(h)

The Board of Trustees may enforce obedience to any provisions of the Village Code, Uniform Code or Energy Code by injunction in an action in the State Supreme Court or by any other civil remedy.