Village of Rye Brook, NY Stop-Work Orders

No owner, landlord, lessee, tenant, occupant, architect, builder or agent, servant or employee of any of them shall use or perform, carry on or conduct any work, labor or services upon or in and about any building or structure installed or erected for the benefit of the building or land in and upon which it is erected, when such work, labor or services are being performed, supplied or furnished in violation of Chapter 91, Building Construction and Fire Prevention; Chapter 107, Demolition of Buildings and Structures; Chapter 118, Erosion and Sediment Control; Chapter 122, Fats, Oils and Grease Abatement; Chapter 130, Flood Damage Prevention; Chapter 213, Steep Slope Protection; Chapter 245, Wetlands and Watercourses; and Chapter 250, Zoning, of the Village of Rye Brook or any other law, ordinance, resolution or regulation of the Village of Rye Brook. Additionally, no use, work, labor or services shall be conducted upon or in any building or structure which is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued, or which is being conducted or used in an unlawful, unsafe or dangerous manner.

§ 214-3 Power to issue stop-work order; enforcement.

[Amended 10-27-2020 by L.L. No. 9-2020; 9-14-2021 by L.L. No. 10-2021]

The Board of Trustees of the Village of Rye Brook hereby delegates to the Building Inspector, Code Enforcement Officer, Superintendent of Public Works/Village Engineer and Director of Public Works of the Village of Rye Brook, or their duly authorized designee, the power and authority to issue a written stop-work order to any owner, landlord, lessee, tenant, occupant, architect, builder or agent, servant or employee of any of them, carrying on or performing any illegal use, work, labor or services in or upon any such building or appurtenance thereto, in violation of Chapter 91, Building Construction and Fire Prevention; Chapter 107, Demolition of Buildings and Structures; Chapter 118, Erosion and Sediment Control; Chapter 122, Fats, Oils and Grease Abatement; Chapter 130, Flood Damage Prevention; Chapter 213, Steep Slope Protection; Chapter 245, Wetlands and Watercourses; and Chapter 250, Zoning, of the Village of Rye Brook or any other law, ordinance, resolution or regulation of the Village of Rye Brook. Such work shall be stopped immediately upon the issuance of such a stop-work order.

§ 214-4 Forms; display.

[Amended 12-12-2006 by L.L. No. 21-2006]

Such stop-work order shall be in writing on a form prescribed by the Building Department and shall state the reason for the stop-work order and shall indicate the scope of the work affected by such stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the issuing official and shall be prominently posted at the site. Upon abatement, such stop-work order shall be removed from the premises only by the Building Inspector or his duly authorized designee. Removal of such by any other persons shall be considered to be a violation of this chapter and subject to the penalties set forth in § 214-6.

§ 214-5 Notice.

Notice of the stop-work order may be served upon a person to whom it is directed either by delivering it personally to him or her; sending a copy via registered or certified mail; or posting the same upon a conspicuous portion of the building or structure to which it relates and sending a copy of the same by first class mail. In the event such violation does not cease within such time as specified in the stop-work order, the issuing official may institute an action in accordance with § 214-6B below, as may be necessary to terminate the violation.

§ 214-6 Penalties for offenses; abatement of violations.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine not exceeding $1,000 for each offense. Each consecutive day of the violation shall be considered a separate offense.

The Building Inspector, Code Enforcement Officer, Superintendent of Public Works/Village Engineer and Director of Public Works of the Village of Rye Brook or their duly authorized designee may also institute an action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter. Such action may also be instituted by any property owner who may be directly damaged by any violation of this chapter.

[Amended 10-27-2020 by L.L. No. 9-2020]