There is hereby created the office of Superintendent.
The Superintendent shall be appointed by the Board of Trustees at
a compensation to be fixed by it, which appointment shall continue
during good behavior and satisfactory service for a term of not less
than one year. The Superintendent may be removed from office for incompetency
or misconduct shown after a hearing upon stated charges held by the
Board of Trustees or by a hearing officer designated by the Board
for that purpose who shall make record of the hearing and whose recommendations
shall be subject to review and approval by the Board.
Except as otherwise specifically provided by
law, local law, ordinance, order, rule or regulation, or except as
otherwise herein provided, the Superintendent shall have the following
powers and duties:
A.
To administer and enforce all laws applicable to the
construction, alteration, repair, rehabilitation, removal or demolition
of buildings and structures and appurtenances thereto, the installation
and use of materials and equipment therein, the location, use and
maintenance thereof, fire prevention, property care and maintenance
and Zoning Law enforcement.
B.
To receive applications, review plans and specifications,
issue permits for the erection, alteration and removal of buildings
and structures or parts thereof, enter upon and examine premises for
which such permits have been issued or on which such work is being
performed for the purpose of ensuring compliance with all laws governing
construction, alteration or removal of structures.
C.
Application for demolition permit.
[Amended 1-12-2015 by L.L. No. 1-2015]
(1)
Before any residential garage with a dimension of 550 square feet or less or other similar structure is demolished where, by the very nature of the action, there will be no negative impact on the environment, a demolition permit must be approved by the Village Board subject to a showing of compliance with the provisions of Subsection C(3) and (6)(b) herein.
(3)
Before any other existing building or part of an existing building
is demolished, a written application, on appropriate forms to be furnished
by the Department of Buildings, shall be submitted to the Superintendent
of Buildings, with a copy to the Board of Trustees, by the owner or
any person authorized by the owner, giving the full name and residence
of each of the owners of the building to be demolished, the name and
business address of the person who is to do the work and such other
information respecting the building as the Superintendent of Buildings
may require.
(4)
An application for a demolition permit is considered a segment of
the overall plan of development of a property. Therefore, the provisions
of SEQRA are applicable. As stated in SEQRA Regulation 617.3 (General
Rules) (g) the consideration of only a segment of an action is contrary
to the intent of SEQRA. Related actions are to be identified and discussed
to the fullest extent possible by the Village Board upon submission
of survey, elevations and color renderings with landscaping of proposed
construction. Said renderings must accurately depict the buildings
on each side of the color rendering of the proposed construction.
(5)
Approval of the demolition permit by the Board of Trustees as a special use permit pursuant to § 252-116 herein is required before the work of demolition is commenced.
(6)
Approval will not be granted unless the Board finds that:
(a)
Under SEQRA regulations, the proposed use of the subject property
is a Type II action or it makes a determination of significance;
(b)
The proposed demolition will not create a hazard to public health,
safety or general welfare, nor will it be granted until the applicant
has furnished proof that all utilities serving the subject premises
have been properly disconnected, that appropriate certificates of
workers' compensation insurance and public liability insurance
with million-dollar limits and professional's affidavit of absence
of asbestos have been duly filed with the Superintendent of Buildings
and that the Nassau County Department of Health has attested to the
absence of rats at the subject premises.
D.
To make inspections as necessary and proper; to issue
appropriate notices or orders for the removal of unlawful or unsafe
conditions; to require necessary safeguards to protect life and property
and promote safety prior to or during the performance of work on buildings
and structures; and to ensure compliance at all times with the requirements
of all laws applicable to buildings and structures.
E.
Whenever deemed necessary or appropriate, to require
performance of field or laboratory tests of buildings, structures,
materials or equipment by experienced, professional persons or by
accredited and authoritative testing laboratories, service bureaus
or similar agencies.
F.
To keep the records of the Building Department, including
records of issuance of permits and certificates of occupancy and use,
payment of fees, inspections, violations and remedial actions taken,
and to make copies of such records available on request, pursuant
to law.
G.
To make preliminary environmental quality review assessments
and otherwise to assist the Board of Trustees, Board of Appeals and
Planning Board in the performance of their duties under the State
Environmental Quality Review Act (SEQRA).
H.
To make periodic reports, as required, to the Mayor
and Board of Trustees with respect to the activities of the Building
Department.
I.
To delegate duties and powers to building inspectors
and code enforcement officers (referred to herein, from time to time,
as "delegate" or "delegates").
J.
To perform such other duties pertaining to structures
and the use and occupancy thereof as may be assigned, directed or
ordered by the Mayor and Board of Trustees or by law.
The Board of Trustees may appoint one or more
Building Inspectors or Code Enforcement Officers, or both, to assist
the Superintendent, at such compensation as may be fixed by the Board.
Such persons shall perform such duties and shall have such powers
as may be delegated to them by the Superintendent or the Board of
Trustees.
In the absence of the Superintendent, or in
the case of inability to act for any reason, the Mayor shall have
the power, with the consent of the Board of Trustees, to designate
a person to discharge the duties of the Superintendent and to exercise
all of the powers conferred by this chapter. In the absence of such
designation, the duties of the Superintendent shall be discharged
temporarily by the Village Clerk, with the technical advice and assistance
of the Village Engineer.
For the purpose of this chapter, the Board of
Trustees hereby authorizes the Superintendent, delegate and any other
person appointed to perform the duties of the Superintendent to issue
summonses and commence prosecutions for violations of this chapter.
The Superintendent shall keep permanent official
records of all transactions and activities conducted by the department,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports and notices and orders
issued. Such records shall be public records, open to public inspection
during normal business hours.
The Superintendent may request and shall receive,
insofar as may be necessary to discharge those duties herein described,
the assistance and cooperation of the Village Attorney, Village Engineer,
Village Clerk, Village Superintendent of Public Works, Village Prosecutor,
Chief of Police, Fire Chief and all other officers and department
heads of the village.
A.
Except as hereinafter provided, no person shall commence
the erection, construction, enlargement, alteration, removal or demolition
of any structure or the installation of any fence or swimming pool,
or cause the same to be done, without first obtaining a permit from
the Superintendent for such structure, fence or swimming pool. Building
permits shall be required for any work that is required to conform
to the Uniform Code. The Superintendent may impose any condition deemed
reasonable with respect to the issuance of any such building permit.
B.
No building permit will be required for necessary
repairs which do not materially affect structural features or alterations
to existing buildings, provided that the repairs or alterations shall
meet the following conditions:
(1)
They do not materially affect structural features.
(2)
They do not affect fire-safety features, such as smoke
detectors, sprinklers, required fire separations and exits.
(3)
They do not involve the installation or extension
of electrical systems.
(4)
They do not include the installation of solid-fuelburning
heating appliances and associated chimneys and flues.
C.
Application for a building permit shall be made to
the Superintendent on forms provided by the Department of Buildings
for that purpose and shall contain the following information:
(1)
A description of the site on which the proposed work
is to be done, including street, address and section, block and lot
numbers on the Village of Lynbrook Tax Map.
(2)
A brief description of the nature of the proposed
work.
(3)
A statement of present and intended use or occupancy
of all parts of the land and of the proposed building structure.
(4)
The estimated cost of the proposed work, with appropriate
substantiation.
(5)
The full name and address of the owner and the applicant
and the names and addresses of their responsible officers, if either
is a corporation.
(7)
Such other information as may reasonably be required
by the Superintendent to establish compliance of the proposed work
with the requirements of all applicable laws.
D.
Application shall be made by the owner or lessee,
or the authorized agent of 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. The application shall be in duplicate.
E.
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing the location and size of all proposed
new construction and all existing structures, on the site; the location
of gas, electrical, telephone, water, sewer and other utility lines;
the nature and character of the work to be performed and the materials
to be incorporated; the distance from lot lines, the widths of adjoining
streets, walks and alleys; and, where required by the Superintendent,
the relationship of structures on adjoining property, grades of adjoining
streets and details of structural, mechanical and electrical work,
including computations, street diagrams and other essential technical
data. Each plan shall state the square feet of the size of habitable
floor area, and each plot plan shall state the size of the plot in
square feet. Plans and specifications shall bear the signature of
the registered architect or licensed professional engineer responsible
for the design and drawing for structures costing over $20,000 or
when requested by the Superintendent where, in the sole judgment of
the Superintendent, such signature is required.
F.
Amendments to the applications or to the plans and
specifications accompanying the same may be filed at any time prior
to the approval of the Superintendent. The applicant shall notify
the Superintendent, in writing, of any change in the information contained
in the application during the period for which the permit is in effect.
G.
Upon request of the applicant, the requirements of
plans and specifications may be waived, in the sole discretion of
the Superintendent, where the work to be done involves minor alterations
or plans are otherwise unnecessary.
H.
No permit for the demolition of any building or structure
within the village shall be issued until security, in an amount fixed
by the Superintendent, in the form of cash, certified check, letter
of credit or performance bond, is filed with the Village Treasurer.
This security deposit shall ensure the removal of rubble and debris,
that the premises will be returned to a suitable condition after completion
of demolition and that any conditions set by the Superintendent or
by the Board of Trustees, pursuant to provisions of this chapter,
shall be complied with.
I.
Fire limits established. Except as otherwise specifically
provided in this chapter or as the same may be amended from time to
time, no frame, wood or other combustible structure shall be hereafter
built in the village within the following limits, hereinafter referred
to as the fire limits, and no person shall maintain, occupy or use
any such structure erected in violation of any provisions of this
chapter:
(1)
Parcel 1: Beginning at a point on the westerly boundary
of the Village of Lynbrook 150 feet north of the north side of Merrick
Road; running thence easterly and parallel to the north side of Merrick
Road and 150 feet distant therefrom, until same intersects the easterly
side of Fowler Avenue; thence northerly along the easterly side of
Fowler Avenue southerly to the point of intersection of the southerly
side of Noble Street, if extended; then easterly along the southerly
side of Noble Street and its extension to the westerly side of Hempstead
Avenue; thence easterly across Hempstead Avenue to the southeasterly
corner of Hempstead Avenue and Alice Court; thence easterly along
the southerly side of Alice Court and its extension if extended to
Earle Avenue to the westerly side of Earle Avenue; thence easterly
across Earle Avenue to the easterly side of Earle Avenue; thence southerly
along easterly side of Earle Avenue to a point on the easterly side
of Earle Avenue distant 150 feet north of the north side of Merrick
Road; thence easterly and parallel to Merrick Road and distant 150
feet north of the north side of Merrick Road to the easterly boundary
of the Village of Lynbrook, thence southerly and easterly along said
easterly boundary to the south side of Merrick Road; thence easterly
along the south side of Merrick Road to the point of intersection
with the easterly boundary of the Village of Lynbrook; thence southerly
along said easterly boundary of the Village of Lynbrook to a point
distant 100 feet south of the southerly side of the Sunrise Highway,
thence westerly and parallel to the southerly side of the Sunrise
Highway and distant 100 feet therefrom, to the westerly side of Rocklyn
Avenue; thence southerly along the westerly side of Rocklyn Avenue
to the intersection of Rocklyn Avenue and Huntington Avenue; thence
northerly along the easterly side of Huntington Avenue to a point
on the easterly side of Huntington Avenue distant 100 feet south of
Shiperd Avenue; thence westerly and parallel to Shiperd Avenue and
distant 100 feet south of the southerly side of Shiperd Avenue to
a point 100 feet east of the easterly side of Randell Avenue; thence
southerly and parallel to the easterly side of Randell Avenue and
distant 100 feet therefrom, and from the easterly side of Randell
Avenue if continued to Brower Place to the northerly side of Brower
Place; thence across Brower Place to a point on the southerly side
of Brower Place distant 100 feet east of the easterly side of Forest
Avenue; thence southerly and parallel to Forest Avenue and distant
100 feet therefrom to the southerly boundary of the Incorporated Village
of Lynbrook to a point distant 150 feet west of the westerly side
of Atlantic Avenue; thence northerly and parallel to the westerly
side of Atlantic Avenue and distant 150 feet therefrom to a point
distant 150 feet from the southerly side of Union Avenue and measured
at right angles to the southerly side of Union Avenue; thence southwesterly
and parallel to Union Avenue and distant 150 feet southeasterly therefrom
to a point distant 100 feet northeasterly from the northeasterly side
of Union Place and measured at right angles to Union Place; thence
northwesterly and parallel to Union Place and distant 100 feet northeasterly
therefrom to a point distant 100 feet northeasterly therefrom to a
point distant 100 feet from the southerly side of Broadway and measured
at right angles to Broadway; thence westerly and parallel to Broadway
and distant 100 feet therefrom to the southerly boundary of the Incorporated
Village of Lynbrook, being a point about 150 feet west of the westerly
side of Lenox Avenue; thence northwesterly to the southerly side of
Broadway; thence westerly along the southerly side of Broadway to
the corner of Broadway and Peninsula Boulevard (or Rockaway Avenue);
thence northwesterly along the easterly side of Peninsula Boulevard
(or Rockaway Avenue) to the westerly boundary of the Village of Lynbrook;
thence northeasterly 100 feet along the westerly boundary of the Village
of Lynbrook to a point; thence southeasterly and parallel to the northerly
side of Peninsula Boulevard (or Rockaway Avenue) and distant 100 feet
therefrom to a point distant 100 feet from the northerly side of Broadway
and measured at right angles to Broadway; thence easterly and parallel
to the northerly side of Broadway, and distant 100 feet therefrom
to a point distant 100 feet south of the southerly side of Sunrise
Highway; thence westerly and parallel with the southerly side of Sunrise
Highway and distant 100 feet south therefrom to the westerly line
of the Incorporated Village of Lynbrook; thence northerly along the
westerly boundary line of the Village of Lynbrook to the north side
of the right-of-way of the Long Island Railroad; thence easterly along
the north side of the right-of-way of the Long Island Railroad to
a point distant 500 feet from the westerly side of Broadway; thence
northeasterly and parallel to Broadway and distant 500 feet therefrom
to a point distant 100 feet south of the southerly side of Langdon
Place and measured at right angles therefrom; thence westerly and
parallel to the southerly side of Langdon Place and distant 100 feet
therefrom to the westerly side of Lyon Place; thence northerly along
the westerly side of Lyon Place to a point 150 feet south of the southerly
side of Merrick Road; thence westerly parallel to the southerly side
of Merrick Road and distant 150 feet southerly therefrom, measured
at right angles thereto, to the northerly side of Peninsula Boulevard
now or formerly owned by the City of New York; thence southwesterly
along the northerly side of said property to a point distant 100 feet
east of John Street, as measured at right angles to John Street; thence
northerly and parallel to John Street and distant 100 feet therefrom
to a point distant 150 feet south from the southerly side of Merrick
Road; thence westerly and parallel to the southerly side of Merrick
Road and distant 150 feet therefrom to a point on the westerly boundary
of the Incorporated Village of Lynbrook distant 150 feet south of
the southerly side of Merrick Road; thence northerly along the westerly
boundary line of the Incorporated Village of Lynbrook to the point
or place of beginning.
(2)
Parcel 2: Beginning at a point on the southerly side
of Scranton Avenue distant 100 feet east from the southeasterly corner
of Scranton Avenue and Union Avenue; running thence southwesterly
and parallel to Union Avenue and distant 100 feet therefrom to the
northerly side of Cherry Lane; running thence northwesterly along
the northerly side of Cherry Lane to the southerly side of Union Avenue;
running thence across Union Avenue to a point on the northerly side
of Union Avenue distant 184 feet west of the northwesterly corner
of Union Avenue and Scranton Avenue; running thence northerly and
parallel to Scranton Avenue and distant 184 feet southerly therefrom
100 feet to a point; thence northeasterly and parallel to Union Avenue
and distant 100 feet northwesterly therefrom to a point distant 182
feet northeasterly from the northerly side of Scranton Avenue; running
thence southeasterly and parallel to Scranton Avenue and distant 182
feet northeasterly therefrom to a point 100 feet southeasterly of
the southerly side of Union Avenue and distant 100 feet therefrom;
running thence parallel to the southerly side of Union Avenue and
distant 100 feet southeasterly therefrom and parallel to Union Avenue
to the point or place of beginning.
(3)
Parcel 3: Beginning at the northeasterly corner of
Alexander Avenue and Hempstead Avenue; running thence easterly along
the southerly side of Alexander Avenue to a point distant 100 feet
from the easterly side of Hempstead Avenue; running thence southerly
and parallel to Hempstead Avenue and distant 100 feet easterly therefrom
to the northerly side of Duncan Avenue; running thence westerly along
the northerly side of Duncan Avenue to the southeasterly corner of
Duncan Avenue and Hempstead Avenue; running thence northerly along
the easterly side of Hempstead Avenue to the point or place of beginning.
(4)
Parcel 4: Beginning at a point on the southerly side
of Lakeview Avenue distant 125 feet westerly from the westerly side
of Rolling Street; running thence southerly 100 feet to a point; thence
easterly and parallel to the southerly side of Lakeview Avenue and
distant 100 feet therefrom to the easterly side of Rolling Street;
running thence easterly across Rolling Street to the point of intersection
of the southerly side of Lot 522 on map of Lynbrook Plaza and the
easterly side of Rolling Street; thence easterly along the southerly
line of Lots 522 to 525 inclusive; running thence northerly along
the easterly line of Lot 525 on said map to the southerly side of
Lakeview Avenue; running thence northeasterly to the point of intersection
of the northerly side of Lakeview Avenue with the easterly side of
Lot 408 on said map; running thence northerly along the boundary line
between Lots 407 and 408 on map of Lynbrook Plaza to the point of
intersection with the northerly line of Lot Number 408 on said map;
running thence westerly along the northerly side of Lots 408, 409
and 410 on said map to the easterly side of Rolling Street; running
thence westerly across Rolling Street to a point on the westerly side
of Rolling Street distant 142 feet north of the northwesterly corner
of Rolling Street and Lakeview Avenue; running thence westerly and
parallel to Lakeview Avenue and distant 142 feet therefrom to the
westerly line of Lot 505 on said map; running thence southerly along
the westerly side of Lots 505 to 511 inclusive on said map to the
northerly side of Lakeview Avenue; running thence southerly to the
point or place of beginning.
(5)
Parcel 5: Beginning at a point on the southerly line
of Broadway where the present southerly boundary of the Incorporated
Village of Lynbrook intersects the easterly line of map of property
belonging to Julia E. Fowler, surveyed May 14, 1897; and running thence
southerly along the easterly line of said map to a point 100 feet
southerly from the southerly line of Broadway measured at right angles
thereto; thence easterly parallel with Broadway and distant 100 feet
therefrom to intersect the present village line, which is 104 feet,
plus or minus, easterly from the easterly line of Duryea Place; thence
northerly along the present village line to the southerly line of
Broadway; thence westerly along the southerly line of Broadway to
the point or place of beginning.
(6)
Parcel 6: There is also hereby included within such
fire limits all other property within the Village of Lynbrook now
or hereafter zoned by said village as a Industrial, Commercial or
Light Manufacturing District.
A.
The Superintendent shall examine or cause to be examined
all applications for permits and plans, specifications and documents
filed therewith and shall approve or disapprove the application within
a reasonable time.
B.
Upon approval of the application and upon receipt
of the prescribed fees therefor, the building permit shall be issued
to the applicant in the form prescribed by the village, with the signature
of the Superintendent, or Acting Superintendent, affixed thereto.
Approval may be conditioned upon reasonable and necessary changes
indicated by the Superintendent, in writing, on the building permit
or on the plans and specifications.
C.
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Superintendent. The other set shall be returned to
the applicant, together with the building permit, which shall be prominently
displayed at the building site to which it pertains and shall be open
to inspection by the Superintendent or his authorized representative
at all reasonable times.
D.
If the application or the plans, specifications and
other documents filed herewith described propose work which does not
conform to all of the requirements of the applicable building regulations,
the Superintendent shall return the plans and specifications to the
applicant. Upon the request of the applicant, the Superintendent shall
cause such refusal, together with the reasons therefore, to be transmitted
to the applicant in writing.
A.
A building permit shall authorize and require the
applicant to commence and complete the work to which it pertains,
in accordance with the application, plans and specifications on which
it is based, within a period of 12 months after the date of its issuance.
For good cause, the Superintendent, upon written request, may allow
a maximum of two extensions for periods not exceeding three months
each, provided that:
B.
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
all applicable laws. All work shall conform to the approved application,
plans and specifications.
D.
A building permit may be suspended or revoked if it
is determined that the work to which it pertains is not proceeding
in conformance therewith or with the Uniform Code or with any conditions
attached to such permit, or if it was issued contrary to law, or if
there has been a misrepresentation or falsification of a material
fact in connection with the application for the permit.
A.
No structure erected, subject to the Uniform Code
and this chapter, shall be used or occupied, except to the extent
otherwise provided in this section, until a certificate of occupancy
has been issued by the Superintendent, upon written application therefor.
B.
No structure enlarged, extended, altered or improved
or upon which work has been performed which required the issuance
of a building permit shall be occupied or used for more than 30 days
after completion or enlargement, extension, alteration, improvement
or work thereon unless a certificate of completion has been issued
by the Superintendent, upon written application therefor.
C.
No change shall be maintained or made in the nature
of occupancy or use of an existing building, or part thereof, unless
a certificate authorizing the changes or use has been issued by the
Superintendent, upon written application therefor.
[Amended 7-10-2006 by L.L. No. 2-2006]
D.
The owner or the owner's agent shall make application,
in writing, for a certificate of occupancy, certificate of completion
or a certification of change of use upon forms provided by the Superintendent
for that purpose. No such certificate shall be issued except following
an inspection by the Superintendent or delegate which discloses no
uncorrected deficiency or material violation of the Uniform Code,
or of any other applicable laws, and unless the application therefor
is accompanied by a survey of the premises, certified by a licensed
engineer or land surveyor, showing all physical features, structures
and improvements and drawn to scale of not more than 20 feet per inch.
E.
A temporary certificate of occupancy may be issued
if the structure or a designated portion thereof is sufficiently complete
that it may be put to use for which it is intended. A temporary certificate
of occupancy shall expire three months after its issuance or at an
earlier date therein specified. Such temporary certificates may be
renewed upon written request of the owner and upon payment of the
required fees, not more than two times.
A.
The Superintendent or delegate shall make construction
inspections, as required, of all work in process, pursuant to the
permit or otherwise at such times, during the course of construction
as will permit the observation of the foundation, structural elements,
electrical systems, plumbing systems, heating, insulation, ventilation
and air-conditioning systems, fire protection and fire detection systems
and exit features. Work for which a building permit has been issued
under this chapter shall be inspected for approval, prior to enclosing
or covering any portion thereof and upon completion of each stage
of construction, including but not limited to building, location,
site preparation, excavation, foundation, framing superstructures,
electrical, plumbing and heating and air-conditioning.
B.
It shall be the responsibility of the owner, permit
holder or agent thereof to inform the Superintendent that the work
performed, pursuant to a building permit or other permit, is ready
for inspection and to schedule such inspection. Notwithstanding such
responsibility, the Superintendent or delegate is empowered to make
such inspections from time to time as are required or deemed necessary
to enforce the provisions of the Uniform Code and all other applicable
laws.
C.
Inspections shall be made by the Superintendent or
delegate in response to complaints, which are bona fide in the opinion
of the Superintendent, regarding conditions or activities allegedly
failing to comply with the Uniform Code or with any applicable laws.
D.
Periodic inspection of existing buildings.
(1)
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code, in accordance with the following schedule:
(a)
All areas of public assembly defined in the
Uniform Code, all buildings or structures containing areas of public
assembly and the common areas of multiple dwellings: every 12 months.
(b)
All buildings or structures open to the general
public: every 12 months.
(c)
All other commercial or industrial buildings:
every 24 months.
(2)
Notwithstanding any requirements of this subsection
to the contrary, no regular periodic inspections of occupied dwelling
units shall be required; provided, however, that this shall not be
a limitation of inspections conducted at the invitation of the occupant
or where conditions on the premises threaten or present a hazard to
public health, safety or welfare.
A.
Determinations. The Superintendent is empowered to
pass upon any questions arising under the provisions of this chapter
relative to plans, specifications, manner of construction or materials
to be used.
B.
Stop-work orders. After inspection, the Superintendent
may order and compel the suspension of any work and the abatement
of any unsafe or substandard condition affecting buildings or structures,
prohibit the use of any material or equipment in violation of law
and may make or cause to be made such test as deemed necessary to
determine the safety of any structure, material or equipment.
C.
Inspection. Inspections required under the provisions
of this chapter shall be made by the Superintendent or delegate; provided,
however, that, in the case of inspection of elevators or electrical
systems, reports of inspections of casualty companies or other recognized
inspection services after investigation of their qualifications and
reliability may be accepted, but no certificates issued pursuant to
this chapter shall be based on such reports unless such reports are
in writing and certified over the signature of the person making the
inspection that the provisions of all applicable laws are complied
with and there are no unsafe conditions.
D.
Rules. For the purpose of proper enforcement of this
chapter and the Uniform Code and consistency therewith, the Superintendent
is empowered to adopt and to amend from time to time such rules as
in the Superintendent's discretion are necessary or desirable to facilitate
the performance of the duties of the Superintendent under this chapter.
No such rule shall become effective unless approved by resolution
of the Board of Trustees not less than 15 days after a copy of the
same, with notice of intention to consider adoption thereof, shall
have been published in the official newspaper of the village. Rules
adopted, and promulgated as herein provided, including amendments
thereto, shall have the same force and effect as the provisions of
this chapter.
E.
Right of entry. The Superintendent or delegate, in
the proper discharge of his or her duties, is authorized at any hour,
reasonable under the circumstances, to enter any premises, building
or structure, provided that said premises, building or structure is
not an occupied residence. For the purpose of identification, the
Board of Trustees shall adopt a badge of office to be worn by the
Superintendent and delegates while on duty, to be displayed on demand,
provided that, in an emergency, any other method of identification
shall suffice.
F.
Emergency power. Whenever the Superintendent shall
determine that, by reason of an unsafe or substandard condition, there
shall exist such danger to occupants of a building or structure, or
to persons in the vicinity thereof, or that there is potential for
collapse, structural failure, fire, explosion or another condition
constituting imminent hazard likely to cause death or bodily injury
or substantial property damage, the Superintendent is empowered to
take such measures as are reasonable and necessary to protect the
occupants or other persons in the vicinity of such structure from
death or bodily harm, or to prevent substantial property damage. Such
measures may include, if deemed necessary by the Superintendent, the
immediate evacuation of such structure and sealing the same off from
access to persons therein or in the immediate vicinity thereof; the
posting of notices of hazard and/or closure; and the barricading or
fencing in of such structure necessary or required to protect persons
and property, in the event that the owner or person in charge of such
structure, upon order of the Superintendent, fails to do so or cannot
be found promptly in order to give such notice and to obtain compliance
with such emergency order. In such case, the Superintendent is empowered
to take such necessary remedial action at village expense and report
the cost thereof to the Board of Trustees, which may assess such cost
against the real property upon which such structure is located. Said
cost shall constitute a lien and charge on the real property on which
it is levied until paid, otherwise satisfied or discharged, and shall
be collected by the Village Treasurer in the manner provided by law
for the collection of delinquent real property taxes.
G.
Notices of requirements or violations. Whenever, in
the opinion of the Superintendent or delegate, by reason of defective
or illegal work, the continuance of a construction operation or the
use and occupancy of any structure is not in conformity with the law,
an appropriate notice, in writing, may be issued to the owner or occupant,
or contractor, agent or employee, specifying the nature of the requirements
necessary to ensure conformity to law or of the nature of any violations
of the law. The notice shall contain a reference to the section of
the Uniform Code or other law violated.
A.
In addition to and not in limitation of any power
otherwise granted by law, the Superintendent may order, in writing,
the remedying of any condition found to exist in, on or about any
building in violation of the Uniform Code and may issue appearance
tickets for violations of the Uniform Code.
B.
Any person, having been served, either personally
or by registered mail, with an order to remedy any condition found
to exist in, on or about any building in violation of the Uniform
Code, who shall fail to comply with such order within the time fixed
in the order, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any
other person taking part or assisting in the construction of any building
who shall knowingly violate any of the applicable provisions of the
Uniform Code regarding standards for construction, maintenance or
fire prevention equipment and systems, shall be guilty of an offense
punishable by a fine of not more than $1,000 per day of violation
or imprisonment not exceeding one year, or both.
C.
Any owner, tenant, contractor, or agent thereof shall be guilty of a violation of this chapter where such person or corporation shall maintain or install plumbing, piping, or drainage which fails to comply with any provision of the Lynbrook Village Code. Such violation shall be punishable by a fine of $250 Such fine(s) shall be in addition to any fine assessed pursuant to Subsection B herein.
[Amended 7-10-2006 by L.L. No. 2-2006]
D.
Where construction or use of a building is in violation
of any provision of the Uniform Code or any lawful order obtained
thereunder, a Justice of the Supreme Court in the judicial district
in which the building is located may order the removal of the building
or an abatement of the condition in violation of such provisions.
An application for such relief may be made by the Superintendent,
delegate or any other person aggrieved by the violation.
[Added 7-10-2006 by L.L. No. 2-2006]
All fees herein under shall be established by
resolution of the Board of Trustees.
Should any section, clause or requirement of
this chapter be found by a court of competent jurisdiction to be unenforceable
or unlawful or invalid, that section, clause or requirement shall
be severed from this chapter and the remainder shall continue in full
force and effect.
The existing Chapter 81 of the Village Code, entitled "Building Construction," is hereby repealed: however, nothing herein shall impair the validity of any action taken, or to be taken, pursuant to such existing chapter with respect to any violation occurring during the effective date of said chapter.[1]
This chapter shall become effective on March
2, 1998.
