A.
Except as provided in § 17-29, it shall be unlawful to construct, alter, repair, remove or demolish or to commence the construction, alteration, repair, removal or demolition of a building or structure, and in addition, it shall be unlawful to alter, change, add to or remove within 100 feet of any property line any soil or other material which will result in any deviation from the original grade of the property without first filing with the Building Inspector an application in writing and obtaining a permit therefor.
[Amended 9-9-2004 by L.L. No. 5-2004]
B.
The installation and/or alteration of a central airconditioning
unit which is designed and intended to provide central air conditioning
for one or more buildings on the lot and located outside of a building
is hereby deemed to be an alteration requiring the filing of an application
for a building permit.
[Added 7-11-1985 by L.L. No. 3-1985]
C.
Exception to Subsection A above. Grade may be raised for soil landscaping berms when located in a front yard, not exceeding two feet in height above original grade and located at least 15 feet from front and side property lines, and does not require a building permit.
[Added 9-9-2004 by L.L. No. 5-2004]
[Added 7-11-1985 by L.L. No. 3-1985]
Any person or his agent may file with the Building
Inspector preliminary plans of any proposed building or structure
prior to the filing of detailed plans therefor, and the Building Inspector
may tentatively approve the same, subject to the submission and filing
of the diagrams, plans and drawings herein provided for.
[Added 7-11-1985 by L.L. No. 3-1985]
No person, other than the owner in fee of the
land, shall make any such construction or alteration without having
first filed with the Building Inspector a statement in writing accompanying
the application to build or alter, which statement shall give the
full name and residence of the owner of the land, building or proposed
building, structure or proposed structure, and shall recite that he
has duly authorized the performance of said work.
An application for a permit shall be submitted
in such form as the Building Inspector may require.
A.
Such application shall be made by the owner or lessee,
or agent of either, or the architect, engineer or builder employed
in connection with the proposed work. If such application is made
by a person other than the owner in fee, it shall be accompanied by
a duly verified affidavit of the owner in fee or the person making
the application that the proposed work is authorized by the owner
in fee and that the person making the application is authorized to
make such application. Where the work costs more than $5,000 or the
building has more than 15,000 cubic feet in volume or where the work,
in the opinion of the Building Inspector, may involve the structural
safety of the building, the plans shall be prepared by a registered
architect or a registered engineer or under his supervision, and shall
bear his certificate and official seal.
B.
Such application shall contain the full names and
addresses of the applicant and of the owner and, if the owner is a
corporate body, of its responsible officers.
C.
Such application shall describe briefly the proposed
work and shall give such additional information as may be required
by the Building Inspector for the intelligent understanding of the
proposed work. It shall contain a certificate that the proposed work
complies with all of the provisions of the Building Code, the Building
Zone Ordinance and all other applicable statutes, ordinances, rules
and regulations, any exceptions being specifically noted.
D.
Such application shall also comply with all of the
requirements of the Building Zone Ordinance.
E.
Incomplete applications for building permits will
be held for three months without action, after which the permit application
will be cancelled. If work is to be undertaken, a new application
will be necessary.
[Added 6-14-2007 by L.L. No. 4-2007]
Applications for permits shall be accompanied
by such drawings of the proposed work drawn to scale, including floor
plans, sections, elevations and structural details, as the Building
Inspector may require.
There shall also be filed a plot plan or diagram
in a form and size suitable for filing permanently with the permit
records, drawn to scale, with all dimensions figured, showing accurately
the size and exact location of all proposed new constructions or,
in the case of demolition, of such construction as is to be demolished
and of all existing buildings and structures that are to remain.
Nothing in this section shall prohibit the filing
of amendments to an application or to a plan or other record accompanying
the same at any time before the completion of the work for which the
permit was sought. Such amendments, after approval, shall be filed
with and be deemed a part of the original application.
Ordinary repairs to buildings or structures
which do not involve structural changes and which do not affect matters
of health or safety may be made without filing an application or obtaining
a permit, but such repairs shall not include the cutting away of any
wall or portion thereof, the removal or cutting of any beams or supports
or the removal, change or closing of any stairway or required means
of exit and shall not include any alterations affecting the application
of the Building Zone Ordinance.
Nothing in this Building Code shall require
changes in the plans, construction or designated use of a building
or structure for which a lawful permit has been heretofore issued
or which has been otherwise lawfully authorized and the construction
of which shall have been actually begun within 90 days after this
Building Code becomes effective and which entire building shall be
completed, as authorized, within two years thereafter.
It shall be the duty of the Building Inspector
to examine the applications for permits within a reasonable time after
filing and payment of the fees hereinafter provided. If, after examination,
he finds no objection to the same and it appears that the proposed
work will be in compliance with the laws, ordinances and regulations
applicable thereto and the proposed construction or work will be safe,
he shall approve such application and issue a permit for the proposed
work as soon as practicable. If his examination reveals otherwise,
he will reject such application, noting his findings in a report to
be attached to the application and sending a copy to the applicant.
Nothing in this section shall be construed to
prevent the Building Inspector from issuing a permit for the construction
of part of a building or structure before the entire plans and detailed
statements of said building or structure have been submitted if adequate
plans and detailed statements have been presented for the said part
and have been found to comply with this chapter.
No permit to move a building or structure shall
be granted until notice of application therefor shall have been given
to the owners of land adjoining the lot or parcel to which said building
or structure is to be removed and to the owners of poles, wires or
other impediments, the temporary removal of which will be necessary,
and an opportunity has been given said owners to be heard upon such
application, nor until a bond in a sum fixed by the Building Inspector
has been filed with the Village to cover all damage to public property
and to indemnify and save harmless the Village for damages and claims
for damage arising out of the work. The Building Inspector may designate
the route to be covered, the hours of moving, the portions of the
street to remain unobstructed and may impose such other conditions
as he may deem advisable. He is hereby authorized to deny the permit
if he determines that the moving of the building or structure would
cause excessive injury or inconvenience to the public or to the Village.
All work performed under a permit issued by
the Building Inspector shall conform to the approved application and
plans and approved amendments thereof. The location of all new construction
as shown on the approved plat diagram or an approved amendment thereof
shall be strictly adhered to. The work shall comply with all the requirements
of this Building Code and of the Building Zone Ordinance.
Every permit issued under the provisions of
this Building Code shall be signed by the Building Inspector.
[Amended 1-13-1994 by L.L. No. 2-1994]
A.
A building permit issued after the effective date
of this section shall expire six months after issuance, where no work
has been commenced and 12 months after issuance where work has been
commenced but not yet completed. The building inspector has the authority
to grant an extension of up to six months. Any further extensions
of time may be granted only upon a majority vote of the Board of Trustees.
[Amended 6-14-2007 by L.L. No. 4-2007]
B.
A building permit issued prior to the effective date
of this section shall expire two years after the effective date of
this section where work has not been completed.
C.
Upon application to the Board of Trustees by the Building Inspector,
an additional extension of time may be granted to the issuance of
a building permit, and in granting that extension of time, the Board
of Trustees may, in its discretion, levy a fee commensurate with the
size and scope of the project.
[Added 3-8-2012 by L.L.
No. 2-2012]
A copy of the permit shall be kept on the premises
open to public inspection during the prosecution of the work and until
the completion of the same. The Building Inspector may require a certified
copy of the approved plans to be kept on the premises at all times
from the commencement of the work to the completion thereof.
No permit issued under this Building Code shall
be assignable or transferable.
The Building Inspector may suspend a permit
or approval issued under the provisions of this Building Code in case
he shall be satisfied that there has been any false statement or misrepresentation
as to a material fact in the application or plans on which the permit
or approval was based or that any of the work has been or is about
to be performed or materials furnished which do not comply with this
Building Code or with the terms of the permit or that in any respect
the provisions of this Building Code or of the Building Zone Ordinance
have been violated or have not been complied with.
The Building Inspector shall report the matter
to the Board of Trustees at its next regular meeting, and the holder
of the permit so suspended shall have the opportunity to appear before
the Board of Trustees at said meeting or at some other time fixed
by the Board. The Board of Trustees may thereupon continue the suspension
of such permit or approval until the holder has complied with all
matters giving rise to such suspension, or, in its discretion, the
Board of Trustees may revoke the permit.
[Added 7-11-1985 by L.L.
No. 3-1985]
In case of the expiration or revocation of a
permit, the owner shall forthwith on demand restore the premises to
their condition prior to the application for the permit, including
the demolition of any construction and the filling in of the excavation
to grade. In case of the failure of the owner so to do, the Village
may do the work for the account of the owner by contract or with Village
workmen and assess the cost thereof, including supervision, against
the property.
A.
Upon filing an application for a permit under this
Building Code, including a building permit for the construction, alteration
or repair of a building or other structure, and including plumbing
and incidental structures, there shall be paid to the Village the
fees set forth in Ch. A149, Fees.
[Amended 7-11-1985 by L.L. No. 3-1985]
B.
No additional fees shall be required for the issuance
of a certificate of occupancy. In case any permit under this Building
Code shall include within its terms a permit as required by the Building
Zone Ordinance[1] of the Village, the amount of the fee shall be either
as provided in this Building Code or as provided in the Building Zone
Ordinance, whichever is greater, but two fees shall not be required.
C.
Responsibility for payment; collection.
[Added 4-11-2013 by L.L.
No. 1-2013]
(1)
It shall be the responsibility of the homeowner and/or applicant
to pay the fees as set forth in this section and other applicable
sections of the Code and in any resolution adopted by the Board of
Trustees. (Note: Reference Ch. 149, Fees, adopted 9-12-1983, L.L.
No. 5-1983, was repealed on 1-13-1994. This local law provided that
"after the effective date of this local law, all fees heretofore established
in Ch. 149A shall be fixed by resolution by the Board of Trustees.")
(2)
In the event of a failure to pay the Building Department fees, the
actual cost thereof, plus the accrued legal rate of interest per annum
from the date due, shall become due and payable at the time of the
present amount of such bill. A copy of the invoice shall be mailed
to the person(s) charged with the fee by certified mail, return receipt
requested. The owner, or other parties responsible, may, within 10
calendar days of receipt of the invoice, request a hearing before
the Building Inspector to challenge the reasonableness of the fees.
(3)
In the event no hearing is requested to challenge the reasonableness of the fees, and the full amount due the Village of Hewlett Harbor specified in Subsection C(2) remains unpaid 20 calendar days following the mailing of the invoice for the fees as part of this Code, the Building Inspector shall cause to be filed in the office of the Village Clerk a sworn statement showing the fees due, the location of the property by section, lot and block for which said permit was issued or, in the case of a fee for working without a permit, on which said work was done, and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be a lien on the property and shall be collected in the manner fixed by law for the collection of taxes and made part of the taxable levy and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that said notice to every person concerned that the amount of the statement, plus interest, constitutes a statement that the same is due and collectible as provided by law.
A.
No building or structure hereafter constructed shall
be occupied or used, in whole or in part, until a certificate of occupancy
shall have been issued by the Building Inspector certifying that such
building or structure conforms to the provisions of this Building
Code.
B.
No building or structure hereafter enlarged or extended
or so altered, wholly or in part, as to change its classification,
and no building hereafter altered for which a certificate of occupancy
has not been heretofore issued, shall be occupied or used, in whole
or in part, until a certificate of occupancy shall have been issued
by the Building Inspector certifying that the work for which the permit
was issued has been completed in accordance with the provisions of
this Building Code, provided that if the occupancy or use of such
building was not discontinued during the work of alteration, the occupancy
or use of the building shall not continue for more than 30 days after
completion of the alterations unless such certificate shall have been
issued.
[Added 1-11-1962 by Ord. No. 75]
The Building Inspector may in any case, and
shall in the case of a bulkhead, require a placement survey before
the issuance of a certificate of occupancy or certificate of approval.
In addition to the certification as to compliance
with the provisions of this Building Code, such certificate may, if
warranted by the facts, also contain the matters required for a certificate
of occupancy under the Building Zone Ordinance, and in such case,
the certificate of occupancy shall constitute the certificate of occupancy
required both by this Building Code and by the Building Zone Ordinance.
A certificate of occupancy shall be issued within
five days after written application therefor if the building at the
time of such application shall be entitled thereto. Copies of a certificate
of occupancy shall be furnished, on request, to persons having a proprietary
interest in the building.
[Added 7-11-1985 by L.L.
No. 3-1985]
Prior to issuance of a certificate of occupancy,
the Village Clerk shall have received written certification from the
Nassau County Department of Health indicating that all sewage and
waste disposal facilities are complete and in compliance with applicable
New York State and Nassau County standards.
No change of occupancy or use shall be made
in a building hereafter constructed or altered that is not consistent
with the last issued certificate of occupancy for such building, unless
a permit is secured.
Applications to the Building Inspector for a
certificate of occupancy for a new building costing more than $10,000
shall be accompanied by the affidavit of a licensed architect or licensed
professional engineer who supervised the construction work or by the
affidavit of a superintendent of construction who supervised the construction
work and who has had at least 10 years' experience in supervising
building construction work, which affidavit shall be to the effect
that the deponent has examined the approved plans of the structure
for which the certificate of occupancy is sought and that to the best
of his knowledge and belief the structure has been erected or altered
in accordance with the approved plans and, as erected or altered,
complies with the statutes, ordinances, rules and regulations governing
building construction or use, except in so far as variances therefrom
have been legally authorized, such variances to be specified in the
affidavit.
[Amended 3-8-2012 by L.L.
No. 3-2012]
Under such rules and regulations as may be established by the
Board of Trustees, a temporary certificate of occupancy for a part
of a building may only be issued by the Building Inspector of the
Village or such other person as may be designated by the Board of
Trustees.
[Added 3-8-2012 by L.L.
No. 4-2012]
A temporary certificate of occupancy issued in accordance with § 17-51 of this chapter shall expire three months after issuance. The Building Inspector, upon application to the Board of Trustees, and approval therefrom, shall grant an extension of up to three additional months. Any further extension shall be at the discretion of the Board of Trustees.
[Added 3-8-2012 by L.L.
No. 5-2012]
The fee for the initial three-month extension of the temporary
certificate of occupancy shall be $500. The fee for an additional
extension of the temporary certificate of occupancy shall be at the
discretion of the Board of Trustees and shall be commensurate with
the size and scope of the project.
In the case of a building or structure completed
prior to the adoption of this Building Code, the Building Inspector
shall, if so requested by the holder of a permit and if the facts
warrant, issue a certificate to the effect that the building or structure
has been completed in conformity with the provisions of this Building
Code and indicating the use or uses to which such structure may thereafter
be put and to what extent.
When a certificate is specifically required
by a provision of this Building Code for an installation, alteration,
repair or removal of an elevator or elevator equipment, plumbing,
gas piping, electric wiring, heating system or other installation,
it shall be unlawful to use or permit the use thereof until the appropriate
certificate has been issued.
[Added 1-12-1989 by L.L. No. 1-1989]
A.
Whenever any work for which a permit is required pursuant to the
provisions of this Code has been performed without such permit, a
civil penalty shall be imposed of an amount of not less than two times
the fee payable for such permit pursuant to this article. If after
a review and determination by the Building Inspector that such work
without a permit was especially egregious, flagrant and willful, the
Building Inspector shall have the authority and discretion to recommend
to the Board of Trustees that such civil penalty be increased to an
amount of not more than four times the fee payable for such permit.
The power to levy a civil penalty of an amount more than two times
the payable permit fee shall rest exclusively with the Board of Trustees.
[Amended 11-14-2013 by L.L. No. 3-2013]
B.
Such civil penalty and such permit fee shall be payable
by the owner of the building on which such work is performed.
