A.
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 building system, solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person, firm, corporation or other entity shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
B.
No building permit shall be required for work in any
of the following categories:
(1)
Construction of temporary motion-picture, television
and theater stage sets and scenery;
(2)
Installation of partitions or movable cases less than
five feet nine inches in height;
(3)
Painting, wallpapering, tiling, carpeting not installed
in a commercial building or structure, or other similar finish work;
(4)
Installation of listed portable electrical, plumbing,
heating, ventilation or cooling equipment or appliances, unless same
is a generator;
(5)
Repairs, subject to written confirmation from the
Building Inspector that no building permit is required, and further
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.
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, the Energy Code or any applicable provisions of this Code.
D.
Information required.
(1)
Application for a building permit shall be made to
the Building Inspector in writing on forms provided by him or her
and shall contain 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
Uniform Code, the Energy Code and this Code. The application shall
include or be accompanied by the following information and documentation:
(a)
A description of the land on which the proposed
work is to be done.
(b)
A statement of the use or occupancy of all parts
of the land and of the building or structure.
(c)
The valuation or estimated cost of the proposed
work.
(d)
The full name and address of the owner and of
the applicant and the names and addresses of their responsible officers,
if any of them are corporations.
(e)
A description of the nature of the proposed
work.
(f)
At least three sets of construction documents
(drawings and/or specifications) which:
[1]
Define the scope of the proposed work;
[2]
Are prepared and signed by a New York State
registered architect or licensed professional engineer where so required
by the Education Law or otherwise signed by the person responsible
for the design and drawings;
[3]
Indicate with sufficient clarity and detail
the nature and extent of the work proposed, including, but not limited
to, description of the size of all proposed new construction and all
materials to be incorporated and, where required by the Building Inspector,
details of structural, plumbing, mechanical and electrical work, including
computations, stress diagrams and other essential data;
[4]
Substantiate that the proposed work will comply
with the Uniform Code and the Energy Code; and
[5]
Where applicable, include a site plan, drawn
to scale, 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.
(g)
The Tax Map number and the street address of
the premises where the work is to be performed.
(h)
Where applicable, a statement of special inspections
prepared in accordance with the provisions of the Uniform Code.
(i)
Such other information as may reasonably be
required by the Building Inspector to establish compliance of the
proposed work with the requirements of the Codes of the State of New
York and this Code.
(2)
Applications shall be made and signed by the owner
or lessee or agent or either or by the architect, engineer or builder
employed in connection with the proposed work. Where such application
is made by a person other than the owner, it shall be accompanied
by an affidavit of the owner or applicant that the proposed work is
authorized by the owner and that the applicant is authorized to make
such application.
E.
Demolitions and blasting.
(1)
In the case of demolitions or blasting, the Building
Inspector shall not issue a permit until the applicant furnishes a
public liability insurance policy issued by a carrier licensed to
do business in the State of New York in the sum of $1,000,000 to $3,000,000
or such additional coverage as the Building Inspector or the Village
Attorney may determine as necessary to adequately protect the public.
Such policy shall be canceled only on 10 days' written notice to the
Village and shall be subject to approval as to form by the Village
Attorney.
(2)
The applicant shall also indicate in his or her application
his or her method and place of disposal of the debris from the demolition
or blasting and a plan for the restoration of the property, including
filling of all excavations or below ground level openings, the capping
or removal of sewer and water lines if there is no intention to immediately
rebuild on the site.
(3)
Failure to restore the property in accordance with
the approved plan shall constitute a violation of this chapter.
(4)
The Building Inspector may waive any provisions of
this subsection for minor demolitions or blasting.
(5)
Any demolition or blasting application shall state
thereon the estimated cost of demolition or blasting, and the applicant
shall pay a fee, as set forth by resolution of the Village Board of
Trustees in the Master Fee Schedule, which may be amended from time
to time.
F.
Approval of certain plans by Westchester County Department
of Health. In any case in which the sanitary system in the building
proposed to be erected will not be connected to the sanitary sewer
system of the Village, but will be connected to a septic tank or other
private sewage disposal system, no building permit shall be issued
until the plans for such septic tank or other private sewage disposal
system shall have been approved by the Westchester County Department
of Health.
G.
Affidavit of architect or engineer. Whenever the work
to be done shall involve construction under conditions which, in the
opinion of the Building Inspector, are hazardous or complex or which,
in compliance with existing laws, may not be planned or performed
except under the supervision and direction of a registered architect
or a professional engineer, both licensed to practice in the state,
each application shall be accompanied by an affidavit signed by the
architect or engineer who prepared the plans, certifying that the
plans comply with the requirements of the Codes of the State of New
York and that he or she is authorized by the owner to make the application.
A.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith to ascertain whether the proposed construction
is in substantial conformance with the requirements of the Uniform
Code. The Building Inspector shall approve the application and issue
a written permit for the proposed work within 30 calendar days after
determining that such application complies with the applicable requirements
of this Code and the Codes of the State of New York. The Building
Inspector shall withhold action upon any plan or application which
requires the approval of any other municipal officer or other person,
department or agency having jurisdiction thereof, until such approval
is obtained. At the time of the issuance of the permit, the Building
Inspector shall issue a poster indicating that a building permit has
been issued for the work proposed on certain premises, which poster
shall be visibly displayed at all times on the site of the work during
its progress until the authorized work has been completed.
B.
Upon the approval of the application, each copy of
the construction documents shall be endorsed with the word "approved."
One set of such approved plans and specifications shall be retained
in the files of the Building Inspector, one 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 Building Inspector
or his or her authorized representative at all reasonable times and
one set of documents shall be given to the Town of Mount Pleasant
Assessor. 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.
C.
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. Amendments to any application, plan or specifications
may be filed at any time prior to commencement of the work on forms
provided by the Building Inspector. Such amendments shall likewise
be subject to the approval of the Building Inspector, as may be appropriate,
and no change shall be made in the actual field work until such amended
application is approved by the Building Inspector. The building 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.
D.
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Codes of the State of New York and this Code, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. If the applicant has not paid required fees pursuant to this chapter or Chapter 91, Fees, of this Code, the Building Inspector shall not issue a building permit. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant, in writing.
A.
Term of permit; extension. A building permit shall
be effective to authorize the commencing of work in accordance with
the application, plans and specifications on which it is based for
a period of six months after the date of its issuance, unless the
work has been commenced and continued during that period. For good
cause, the Building Inspector may renew such permit, upon payment
of required permit fees, and the Building Inspector may impose such
additional requirements as he or she deems necessary.
B.
All building permits shall expire two years from the
date of issuance. Reapplication for a permit must be made to the Building
Inspector, who may impose additional requirements prior to issuing
a new permit, which permit shall include all permit fees as required
by this chapter.
C.
Authority to proceed. The issuance of a building permit
shall constitute authority to the applicant to proceed with the work
in accordance with the approved plans and specifications and in accordance
with the Codes of the State of New York and this Code. All work shall
conform to the approved application and construction documents.
D.
Supervision of work by architect or engineer. Whenever a building permit is to be issued in reliance upon an affidavit due to hazards, complexities or statutory requirements as provided in § 98-13D(1)(f), the Building Inspector may require that the architect or engineer who signed the affidavit or made the plans or computations shall supervise the actual construction and be responsible for its conformity with the approved plans and with such orders as shall be issued by the Building Inspector in regard to such construction and, forthwith upon its completion, make and file with the Building Inspector a written affidavit that the work has been done in conformity with the approved plans and such orders.
E.
Survey. After completion of the construction of the
foundation, it shall be the duty of the owner to obtain, at his or
her expense, and furnish to the Building Inspector a survey by a licensed
surveyor of the owner's premises showing the exact location thereon
of such foundation. Such survey shall be submitted to the Building
Inspector for his or her approval before continuing with the further
progress of the construction of the structure.
A.
The Building Inspector may revoke or suspend a building
permit theretofore issued and approved in the following instances:
(1)
Where he or she finds that there has been any false
statement or misrepresentation as to a material fact in the application,
plans or specifications on which the building permit was based.
(2)
Where he or she finds that there has been incorrect,
inaccurate or incomplete information in the procurement of the building
permit.
(3)
Where he or she finds that the building permit was
issued in error and should not have been issued in accordance with
the applicable law.
(4)
Where he or she finds that the work performed under
the permit is not being prosecuted in accordance with the provisions
of the application, plans or specifications.
(5)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
(6)
Where he or she finds that that the work for which
a building permit was issued violates the Uniform Code or the Energy
Code.
B.
The Building Inspector shall revoke the building permit
or suspend the building permit until such time as the building permit
holder demonstrates that:
A.
Work shall remain accessible and exposed until inspected and accepted by the Building Inspector. The building permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
All work for which permits are issued under the provisions
of this chapter and the Codes of the State of New York shall be inspected
at various intervals during the progress of the work involved. Any
application for or acceptance of any permit issued or requested pursuant
to this chapter constitutes agreement and consent by the person making
application or accepting the building permit to allow the Building
Inspector to enter upon the premises at any reasonable time to conduct
inspections as required by this chapter. Refusal to allow the Building
Inspector to conduct said inspections of the premises and the records
related to such building permit or required to be maintained by this
chapter shall constitute sufficient justification for the immediate
issuance of a stop-work order. In addition, should the Building Inspector
deem it necessary, an application to any court of competent jurisdiction
may be made to obtain a warrant authorizing an inspection of the premises
in question. The following inspections are mandatory and must be made
and a proper record of approval made thereof:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation (a foundation as-built survey
shall be provided);
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues
or gas vents;
(9)
Energy Code compliance;
(10)
A final inspection after all work authorized
by the building permit has been completed; and
(11)
Any further inspection specifically requested
by the Building Inspector due to the unique building condition or
materials incorporated into the work or other applicable provision
of this Code.
C.
It shall be unlawful to proceed with work on any part
of any wall, building or structure beyond the point indicated in this
section or otherwise cover any wall or ceiling of any building or
structure until the Building Inspector has been notified and approval
given to do so. The Building Inspector shall act upon all request
for inspections within 72 hours, exclusive of Saturdays, Sundays and
holidays.
D.
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, the Energy Code and any applicable provisions of this Code.
Work not in compliance with any applicable provision of the Uniform
Code, the Energy Code and any applicable provisions of this Code shall
remain exposed until such work shall have been brought into compliance
with all applicable provisions of the Uniform Code, the Energy Code
and any applicable provisions of this Code, reinspected, and found
satisfactory as completed.
E.
It shall be the duty of the holder of a building permit
performing the work to notify the enforcing authority when all work
performed under the building permit is completed and ready for a final
inspection. Such notice must be given at least 48 hours, exclusive
of Saturdays, Sundays and holidays, before the time of said final
inspection.
A.
Whenever the Building Inspector has reasonable grounds
to believe that work on any building or structure is in violation
of the provisions of the Uniform Code, the Energy Code, this Code,
or any applicable laws, rules 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 is being conducted
in an unsafe and dangerous manner, or is being performed under a building
permit that has become invalid, has expired or has been suspended
or revoked, 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. Such
order and notice shall be in writing, shall state the reason for the
stop-work order, together with the date of issuance and shall state
the conditions under which the work may be resumed. The stop-work
order 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. It shall be a violation of
this chapter and the Codes of the State of New York for anyone to
proceed with any work after a stop-work order is issued; provided,
however, that failure to serve any person mentioned in this subsection
shall not affect the efficacy of the stop-work order.
B.
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 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.
[Added 11-14-2019 by L.L.
No. 8-2019[1]]
A.
Purpose. Unsafe buildings pose a threat to life and property in the
Village of Pleasantville. Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secured at doorways and windows also
serve as an attractive nuisance for young children who may be injured
therein, as well as a point of congregation by vagrants and transients.
A dilapidated building may also serve as a place of rodent infestation,
thereby creating a health menace to the community. It is the purpose
of this section to provide for the safety, health, protection and
general welfare of persons and property in the Village of Pleasantville
by requiring that such unsafe buildings be secured, repaired or demolished
and removed.
B.
Designation of unsafe buildings, structures and equipment.
(1)
An unsafe building or structure is one that is found to be dangerous
to the life, health, property or safety of the public or the occupants
of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire, or because such structure is
so inadequately maintained, damaged, decayed, dilapidated, structurally
unsafe, or of such faulty construction or unstable foundation that
partial or complete collapse is possible. Buildings and structures
that may be unsafe include, but are not limited to, the following:
(a)
Those which exist in violation of any provision of the codes
of the State of New York, this section or other applicable provisions
of this Code.
(b)
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(c)
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the supporting member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside
walls or covering.
(d)
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(e)
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety or the general health
and welfare of the occupants or the people of this Village.
(f)
Those having light, air and sanitation facilities which are
inadequate to protect the health, safety or general welfare of human
beings who live or may live therein.
(g)
Those having inadequate or insufficient facilities for ingress
or egress in the event of fire, panic or other emergency, or those
having insufficient stairways, elevators, fire escapes, aisles, passageways,
corridors or other means of access and which do not meet minimum standards
prescribed by the New York State Building Construction Code.
(h)
Those that have parts thereof that are so attached that they
may fall and injure members of the public or property.
(i)
Those which, because of their condition, are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the people
of this Village.
(2)
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the building, structure or premises.
(3)
Building or structure unfit for human occupancy. A building or structure
is unfit for human occupancy whenever such structure is unsafe, unlawful
or, because of the degree to which the structure is in disrepair or
lacks maintenance, is unsanitary, vermin- or rat-infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by the
Village of Pleasantville or New York State, or because the location
of the building or structure constitutes a hazard to the occupants
of the building or structure or to the public.
C.
Report and investigation. When, in the opinion of the Building Inspector,
or his or her designee, any building, structure or equipment located
in the Village of Pleasantville appears to be unsafe or dangerous
for human habitation, or threatens the health, safety or welfare of
the occupants or general public, or is hazardous to property, or is
unlawful, he or she shall make a formal inspection thereof and prepare
a written report of his or her findings. This report shall be filed
in the Building Department.
D.
Notice of intent.
(1)
Whenever the Building Inspector determines, based on an inspection,
that a building, structure or equipment is dangerous or unsafe for
human habitation, or threatens the health, safety or welfare of the
occupants or general public, or is hazardous to property, or is unlawful,
or a building system or equipment is unsafe or hazardous, written
notice shall be served by the Building Inspector upon owner or the
owner's executors, legal representatives, agents, lessees or any other
person having a vested or contingent interest in the building or structure,
personally or by registered or certified mail, addressed to the last
known address, if any, of the owner or the owner's executors, legal
representatives, agents, lessees, or other person having a vested
or contingent interest in the building or structure as shown by the
records of the Village Treasurer and/or in the office of the County
Clerk, Division of Land Records for the County of Westchester. If
the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice.
(2)
Contents of the notice. The notice shall be in writing and shall
contain the following:
(a)
A description of the premises;
(b)
A statement of the particulars in which the building, structure
or equipment is unsafe or dangerous for human habitation, or threatens
the health, safety or welfare of the occupants or general public,
or is hazardous to property, or is unlawful;
(c)
A description of the remedial action which, if taken, will effectuate
compliance with the notice;
(d)
A statement that the remediation or abatement must commence
immediately upon receipt of notice and that such work is to be completed
within 30 days thereafter. The Building Inspector or his or her designee
may extend the time for compliance where there is evidence of intent
to comply within the time specified and conditions exist which prevent
immediate compliance. In granting any such extension of time, the
Building Inspector, or his or her designee, may impose such conditions
as he/she deems appropriate;
(e)
A statement that the owner, his agent or person in charge of
the property has the right to appeal the determination of the Building
Inspector by filing a written request for an appeal to the Village
Board of the Village of Pleasantville pursuant to § 98-58G
within 20 days of receipt of such notice; and
(f)
A statement that in the event of the failure or refusal of the person to whom the notice is issued to remedy the condition and/or if applicable, barricade and remove the occupants by the date on the notice or approved date of extension, or to file an appeal within 20 days of receipt of such notice, then in such event the notice shall automatically become a final order, and the Village may placard the structure, building, unit or equipment; order the occupants off the property; barricade the entrances to prevent reentry; and/or remedy all or part of the defective, dangerous, unsanitary, or unsafe condition and charge all the direct and indirect costs of placarding, vacating and barricading the premises, remedying the conditions, and disposing of the materials against the property if not paid within the time specified in accordance with the provisions of § 98-19H.
E.
Final order.
(1)
Grounds for a default. The notice of intent shall automatically become
a final order if there is no compliance or compliance has not been
achieved to the satisfaction of the Building Inspector, or if there
has been no request for an appeal within the period specified, or,
if having requested an appeal, there has been no appearance at the
hearing by the person who has requested the appeal. The resulting
order shall be served in the same manner as the original notice.
(2)
Authority of Building Inspector. In the event of a default as set forth in Subsection E(1) above, the Building Inspector shall post a placard on the property or, if applicable, on the defective equipment, and is authorized to order the occupants off the property; barricade the entrances to prevent reentry; and/or remedy all or part of the defective, dangerous, unsanitary, or unsafe condition.
F.
Emergency measures.
(1)
When, in the opinion of the Building Inspector, there is imminent
danger of failure or collapse of a building or structure that endangers
life, or when any structure or part of a structure has fallen and
life is endangered by the occupation of the structure, or when there
is actual or potential danger to the building occupants or those in
the proximity of any structure because of explosives fumes or vapors
or the presence of toxic fumes, gases or materials or operation of
defective or dangerous equipment, the Building Inspector is authorized
and empowered to order and require the occupants to vacate the premises.
The Building Inspector shall cause to be posted at each entrance to
such structure a notice reading as follows: "This Structure is Unsafe
and Its Occupancy Has Been Prohibited by the Building Inspector of
the Village of Pleasantville." It shall be unlawful for any person
to enter such building or structure except for the purpose of securing
the structure, making the required repairs, removing the hazardous
condition or of demolishing the same.
(2)
Notwithstanding other provisions of this section, whenever, in the
opinion of the Building Inspector, there is imminent danger due to
an unsafe condition, the Building Inspector shall order any necessary
work to be done, including the boarding up of openings, to render
such structure temporarily safe whether or not the legal procedure
herein described has been instituted; and shall cause such other action
to be taken as the Building Inspector deems necessary to meet such
emergency.
G.
Appeals.
(1)
Any person, owner, corporation and/or agent aggrieved by the service
of a notice and order detailed in this section may appeal the notice
and order, including any requirement to undertake repairs, vacate
the building or structure and/or demolish the building or structure,
to the Village Board of the Village of Pleasantville, provided that
a written application for appeal is filed within 20 days after the
day the notice was served. An application for appeal shall be based
on a claim that the true intent of this section has been incorrectly
interpreted, the provisions of this section do not fully apply or
the requirements of this section are adequately satisfied by other
means.
(2)
Hearings before the Village Board of the Village of Pleasantville
shall be open to the public. The appellant, the appellant's representative,
the Building Inspector and any other person whose interests are affected
shall be given an opportunity to be heard.
H.
Assessment of costs; assessment to constitute lien.
(1)
The owner, his agent, occupant, person in charge of the property,
or person having a vested or contingent interest in the property shall
be liable for all costs and expenses incurred by the Village of Pleasantville
in connection with the proceedings to remove or secure an unsafe building,
unsafe equipment or collapsed structure, including the cost of actually
removing said building, equipment or structure.
(2)
All costs and expenses incurred by the Village in connection with
this section shall be charged against the property. An itemized memorandum
of the costs and expenses incurred by the Village shall be mailed
by the Village Treasurer by both regular mail and certified or registered
mail, return receipt requested, to the owner, his agent, occupant,
person in charge of the property, or person having a vested or contingent
interest in the property to the last known address or to the last
address shown on the most current assessment roll maintained by the
Village Assessor or to the property address, as the case may be. The
notice shall state that upon the failure to pay the amount certified
within 30 days of receipt of the notice by cash, money order, or certified
or bank check, the amount will be added to the tax bill or other action
will be taken without further notice. Nothing contained herein shall
be construed to limit the Village's remedies or bar the commencement
of an action to collect the debt in lieu of a tax lien.
(3)
Tax lien. In the event the debt is not paid within the thirty-day
period, or if the mailing is returned by the post office because of
the inability to make delivery for any reason, as long as the notice
was properly addressed as set forth above, such certification of costs
shall be provided to the Tax Receiver who shall cause the costs as
shown thereon to be charged against such property without further
notice. The amount so charged shall forthwith become a lien against
such lands and shall be added to and become part of the taxes next
to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officer(s) and in the same manner as taxes.
I.
The remedies in this section shall not be the exclusive remedies
available to address any event described in this section, and the
remedies in this section 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 this chapter or under any
other applicable chapter or state law. Any such other remedy or penalty
may be pursued at any time.
[1]
Editor's Note: This local law also repealed former § 98-19,
Unsafe buildings and structures.
A.
Any building official shall be authorized, in the
performance of his or her duties, to conduct inspections of premises
or parts of premises at such times and in such manner as the building
official may find convenient or necessary, with the consent of the
person in possession or occupancy.
B.
If admission is refused or cannot be obtained from
the person in possession or occupancy, the building official shall
be authorized to obtain a warrant to make an inspection, provided
that reasonable or probable cause is shown.
C.
In case of an emergency, the building official may,
without a warrant, enter any premises or parts of premises to inspect
the same, at any time, without the permission of the person in possession
or occupancy.
