This chapter provides for the administration
and enforcement of the New York State Codes (Building Code, Energy
Conservation Construction Code, Fire Code, Fuel Gas Code, Mechanical
Code, Plumbing Code, Property Maintenance Code and Residential Code
of New York State) (hereinafter "the Codes") in the Village of Maybrook
("Village"). This chapter is enacted pursuant to § 10 of
the Municipal Home Rule Law. Except as otherwise provided in the Code,
other New York State law, or other section of this chapter, all buildings,
structures, and premises, regardless of use or occupancy, situated
in the Village are subject to the provisions of this chapter.
In this chapter, the following terms shall be
defined as set forth below:
BUILDING PERMIT
A permit issued pursuant to 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.
COMPLIANCE ORDER
This shall mean an order issued by the Code Enforcement Officer pursuant to §
99-15A of this chapter, including an order to remedy and notice of violation.
INSPECTOR
A Deputy Building Inspector or the Code Enforcement Officer
of the Village.
OPERATING PERMIT
A permit issued pursuant to §
99-10 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 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 that
owns, leases or otherwise occupies real property or who has contracted
with such owner, tenant or occupant of real property to provide construction
or demolition services in connection with such real property.
UNIFORM CODE or CODE
The New York State Building Code, Energy Conservation and
Construction Code, Fire Code, Fuel Gas Code, Mechanical Code, Plumbing
Code, Property Maintenance Code and Residential Code, as currently
in effect and as hereafter amended from time to time.
The Chief of the Fire Department providing fire-fighting
services for real property within the Village shall promptly notify
the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Chapter
81 of the Code of the Village of Maybrook, as now in effect or as hereafter amended from time to time, and by applicable provisions of the Property Maintenance Code and the Fire Code of New York State.
The Code Enforcement Officer shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Code, this chapter, or
any other chapter or regulation adopted by the Village for administration
and enforcement of the Code. The process for responding to a complaint
shall include such of the following steps as the Code Enforcement
Officer may deem to be appropriate:
A. Performing an inspection of the conditions and/or
activities alleged to be in violation, and documenting the results
of such inspection;
B. If a violation is found to exist, serving 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 the Enforcement; penalties for offenses section of this chapter;
C. If appropriate, a stop-work order;
D. If a violation which is 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.
[Amended 3-23-2015 by L.L. No. 3-2015]
A. Compliance with orders.
(1) The Code Enforcement Officer is authorized to order in writing the
correction of any condition or activity found to exist in, on or about
any building, structure, or premises in violation of the Code and
this chapter. Upon finding that any such condition or activity exists,
the Code Enforcement Officer shall issue an order to remedy. The order
to remedy shall:
(b)
Be dated and signed by the Code Enforcement Officer;
(c)
Specify the condition or activity that violates the Code or
this chapter;
(d)
Specify the provision or provisions of the Code and this chapter
which is/are violated by the specified condition or activity;
(e)
Specify the period of time which the Code Enforcement Officer
deems to be reasonably necessary for achieving compliance, which shall
be fixed at 30 days following the date of the order to remedy, or
such lesser period of time which the Code Enforcement Officer, upon
supporting reasons set forth in writing, deems to be reasonably necessary
for achieving compliance;
(f)
Specify such date that compliance shall be achieved, which must
in any event be fully achieved and remedied within 30 days of the
date of the order;
(g)
Direct that compliance be achieved within the specified period
of time;
(h)
State that an action or proceeding to compel compliance may
be instituted if compliance is not achieved within the specified period
of time; and
(i)
Contain a statement substantially similar to the following:
"NOTICE: Full compliance with this order to remedy is required
by [specify date], which is 30 days after the date of this order,
unless a different date is specified with supporting reasons therefor.
If the person or entity served with this order to remedy fails to
comply in full with this order to remedy within the thirty-day period,
or such other date as noted herein, that person or entity will be
subject to a fine of not more than $1,000 per day of violation, or
imprisonment not exceeding one year, or both."
(2) The Code Enforcement Officer shall cause the order to remedy, or
a copy thereof, to be served on the owner of the affected property,
personally or by registered mail or certified mail, within five days
of the date of the order. The Code Enforcement Officer shall be permitted,
but not required, to cause the compliance 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 being performed at the affected property
personally or by registered mail or certified mail; provided, however,
that failure to serve any person mentioned in this sentence shall
not impair the enforceability of the compliance order.
B. Appearance tickets. The Code Enforcement Officer and the Deputy Building
Inspector are authorized to issue appearance tickets for any violation
of this chapter and the Village Code.
C. Civil penalties. In addition to those penalties prescribed by State
law, any person who violates any provision of the Code or this chapter,
or any term or condition of any building permit, certificate of occupancy,
temporary certificate, stop-work order, operating permit or other
notice or order issued by the Code Enforcement Officer, shall be liable
to a civil penalty of not more than $200 for each day or part thereof
during which such violation continues. The civil penalties provided
by this subsection shall be recoverable in any action or proceeding
instituted in the name of the Village in the Village Court or Supreme
Court for violations prosecuted by the Code Enforcement Officer.
D. Injunctive relief. An action or proceeding in equity may be instituted
in the name of the Village, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Code or this chapter or any term
or condition of any building permit, certificate of occupancy, temporary
certificate, stop-work order, operating permit, order to remedy, or
other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter. In particular, but not by way of
limitation, where the construction or use of a building or structure
is in violation of any provision of the Code, this chapter, or any
stop-work order, order to remedy or other order obtained under the
Code or this chapter, an action or proceeding may be commenced in
the name of the Village, in the Supreme Court or in any other court
having jurisdiction, to obtain an order compelling the removal of
the building or structure or an abatement of the violations of such
provisions. No action or proceeding described in this subsection shall
be commenced without authorization by the Board of Trustees.
E. Any person, firm or corporation who or which violates any provision
of the Code or any rule or regulation of this chapter, or the terms
or conditions of any certificate of occupancy issued by the Building
Inspector, shall be liable to a fine of not more than $1,000 for each
day that the violation continues, or imprisonment not exceeding one
year, or both. Any corporation that is guilty of violating this chapter
or the Code may be subject to a fine equal to twice the amount of
profit that such corporation made arising from such violations, as
provided in § 80.10 of the Penal Law of the State of New
York.
F. Remedies not exclusive. The remedies and penalties specified in this
section shall not be the exclusive remedies or penalties available
to enforce compliance with the Code, and each remedy or penalty specified
in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
section, in the stop-work orders section of this chapter, in any other section of this
chapter, or in any other applicable law. Any remedy or penalty specified
in this section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this section, in the stop-work orders section of this chapter,
in any other section of this chapter, or in any other applicable law.
In particular, but not by way of limitation, each remedy and penalty
specified in this section shall be in addition to, and not in substitution
for or limitation of, the penalties specified in Subdivision (2) of
§ 382 of the Executive Law, and any remedy or penalty specified
in this section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penalty specified in Subdivision
(2) of § 382 of the Executive Law.
G. Prohibited acts; penalties for offenses.
(1) It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, demolish, equip, use, occupy or maintain any
building or structure or portion thereof in violation of any provision
of this chapter or to fail to comply with a notice or order of the
Code Enforcement Officer or to conduct, alter, use or occupy any building
or structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
(2) In each offense against any of the provisions of the Code or this chapter, or any regulations made pursuant thereto, a failure to comply with a written notice or order of the Code Enforcement Officer within the time allowed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part in or assists in the commission of any such offense or who shall fail to comply with a written order or notice shall be guilty of a violation, punishable as provided in Chapter
1, General Provisions, Article
II, Penalties for Offenses, in addition to the other remedies provided in this chapter. Such fine may be imposed for each offense. Each day the violation continues after issuance of the notice of violation shall be a separate offense for which an additional fine may be imposed.
A person owning, operating, occupying or maintaining
real property within the jurisdiction of this chapter shall comply
with all applicable provisions of the Code, this chapter and all orders,
notices, rules, regulations and permits issued in connection therewith.
Any such violation shall be an offense.
A fee schedule shall be established by resolution
of the Board of Trustees, without a public hearing. Such fee schedule
may thereafter be amended from time to time by like resolution, without
a public hearing. The fees set forth in, or determined in accordance
with, such fee schedule or amended fee schedule shall be charged and
collected for the submission of applications; the issuance of building
permits, amended building permits, renewed building permits, certificates
of occupancy, temporary certificates, operating permits; firesafety
and property maintenance inspections; and other actions of the Code
Enforcement Officer described in this chapter.
The Board of Trustees of the Village may, by
resolution, authorize the Mayor to enter into an agreement, in the
name of the Village, with other subdivisions of government to carry
out the terms of this chapter, provided that such agreement does not
violate any provision of the Code, Part 1203 of Title 19 of the NYCRR,
or any other applicable law.
[Added 6-24-2024 by L.L. No. 4-2024]
A. Legislative findings and intent. Invoking the powers granted to the
Board of Trustees ("Board") of the Village of Maybrook ("Village"),
by the Municipal Home Rule Law, New York State Constitution and otherwise,
the Board hereby finds that there is a critical and compelling need,
in the public interests as set forth herein, to provide for full and
fair disclosure of the person or persons substantively involved with
entities making certain land use applications before the Village to
ensure that any and all potential conflicts of interest or other ethical
concerns can be identified and addressed by the Village and any and
all affected parties. The law will foster the important goal of open
and transparent government operations, including the interaction of
public officials and land use applicants, by requiring all land use
applicants that are entities to disclose their limited and general
members, shareholders, officers and directors or any other persons
having control over such entity. The Board further finds and declares:
(1) That in connection with development or potential development in the
Village, land use applications may have a significant impact upon
the health, safety and general welfare of the Village, its inhabitants
and visitors, and upon existing uses, public services, traffic and
the environment, in general.
(2) That under these circumstances, the Board and the public need to
know for purposes of avoiding conflicts of interest, and a meaningful
review of potential conflicts of interest, the identity of every person
(hereinafter a "nondisclosed person") who is a shareholder, member,
director, officer, beneficial owner, authorized person (defined below)
having an interest, or anyone having a controlling position, in any
limited-liability company, general or limited partnership, joint venture,
corporation, association, or other entity (hereinafter collectively
and individually referred to as an "entity"), including an entity
doing business as another named individual or entity, that applies
for any land use approval, permit, or permission from any Village
board or official.
(3) Any "authorized person" as used herein shall mean a person, whether
or not a nondisclosed person who is authorized to act or otherwise
acts, solely or in conjunction with others, on behalf of an entity
or to direct, influence or otherwise control the entity in any manner.
B. Disclosure requirement.
(1) Every nondisclosed person for any entity applying for land use approvals,
permitting, or permission to undertake any activity within the Village
shall complete an entity disclosure statement in the form approved
by the Board, as may be amended from time to time by a Board resolution,
and provide all information required in said form. Said statement
shall be affirmed or sworn to under the penalty of perjury and shall
be filed along with any such land use application or request for permission
to undertake any construction activity within the Village.
(2) In the event that a land use project that has previously received
approval is sold, assigned or otherwise transferred, whether by transfer
of the property or transfer of the management or operation or both
of the entity to another entity, the transferring entity shall notify
the Village in writing, and any such succeeding entity must fully
comply with this section before any work or other activity on the
project shall be permitted to proceed, continue, or be completed.
(3) Said entity disclosure statement shall apply to any approvals, permitting,
or permission for land use in the Village (i.e., any operation, construction
or use affecting the land that requires authorization from the Village)
sought from the Building Inspector, the Board of Trustees, the Planning
Board, the Zoning Board of Appeals, the Architectural Review Board,
or other Village board or official. No such Village board or official
shall process, hear, rehear, approve or sign any application, permit
or authorization which relates directly or indirectly to any land
use requiring authorization from the Village unless the application
for such authorization includes a fully completed entity disclosure
statement form approved by the Village, signed and either sworn to
or affirmed.
(4) An entity disclosure statement is not required for any of the following
activities:
(a)
Construction of a residential automobile garage, not in excess
of 500 square feet. Said building shall not be used for any purpose
other than the storage of automotive vehicles and other customary
uses for a residential garage;
(b)
Construction of accessory structures, other than garages, not
in excess of 300 square feet;
(c)
Construction of outdoor decks, sidewalks, or porches;
(d)
Construction of outdoor swimming pools;
(f)
Interior or exterior remodeling of a single-family detached
residential dwelling in existence and with a valid certificate of
occupancy as of the effective date this section, which does not involve
any change of use or increase in the size of the dwelling. Remodeling
includes, but is not limited to, window replacement, door replacement,
plumbing improvements, new siding, removal of interior walls, and
similar improvements;
(g)
Installation or removal of home heating oil or propane tanks,
in accordance with all applicable laws;
(h)
Repairs and maintenance for a dwelling in existence and with
a valid certificate of occupancy as of the effective date of this
section, including the removal and installation of an individual well
or in-ground septic system; or
(i)
Other minor improvements to dwellings or residential lots with an existing certificate of occupancy not specifically noted in this subsection, authorized by the Building Inspector, after consultation with and determination by the Board of Trustees that the improvement falls within the scope, nature, and intent of the exemptions listed in this Subsection
B(4)(a) through
(h).
C. Penalties for offenses.
(1) Where an entity, nondisclosed person, authorized person, or any agent
or representative thereof refuses or otherwise fails to provide the
information required under this section, the further processing of
such application and any work related thereto ("the application")
shall be suspended in all respects until such time as the board or
official before which the application is submitted or pending determines
that the entity has fully complied with all provisions of this section.
In the event of any form of transfer of the property that is the subject
of the application occurs or the ownership or management or both of
the project is transferred in any manner to another entity during
a pending suspension of the application under this section, then,
in addition to compliance with this section, the application shall
remain suspended until such time as the succeeding entity shall appear
before such board or official before whom the application is pending
and obtain approval for any continued work in relation to the application,
or the processing of the application. The Building Inspector is authorized
to and shall issue a stop-work order on any project where an application
has been suspended under this section.
(2) If any entity, nondisclosed person, authorized person, or any agent or representative thereof provides no information, false information, or grossly inaccurate information, or otherwise makes any misrepresentation in any application, they shall, in addition to the suspension of any pending application as set forth in Subsection
C(1) above, be subject to a civil penalty of up to 1% of the stated value of the applicant's project as reflected in its application or the fair market value of the applicant's proposed project (whichever is greater) for any violation of this section. The Building Inspector/Code Enforcement Officer is hereby authorized to issue an appearance ticket or other process in Justice Court, and the Board of Trustees may authorize the filing of a complaint in any court for any allowable remedy, for a violation of this section.
(3) Nothing herein shall be deemed to preclude a criminal proceeding
being instituted by the people of the State of New York directly,
or acting through the designated attorney for the Village, against
the entity, nondisclosed person, authorized person, or any agent or
representative thereof in any appropriate court.
(4) Civil penalty. In addition to those penalties prescribed herein and
by state law, any person or entity who violates any provision of this
section shall be liable for all reasonable attorney's fees, costs
and disbursements, including, but not limited to, expenditures for
appraisers, accountants or other consultants employed by the Village
incurred by the Village in connection with the enforcement of this
section, and may assert such claim in any appropriate court proceeding.