It shall be the duty of the Building Inspector
and he is hereby given the power and authority to enforce the provisions
of this chapter.
[Amended 11-8-1965; 6-8-1970; 10-11-1982 by L.L. No. 23-1982]
The Building Inspector shall require that the application for a building permit include a survey showing the proposed building or structure; the shortest distances between the structure and the front, side and rear lines; the length of the front, side and rear lines; the location of the driveway; the location of the cesspools or other means of disposing of waste and wastewater; the location of the parking facilities; the layout of each required parking space and required ingress to and egress from said spaces; the location and dimensions of accessory buildings; the proposed elevation, measured in feet and decimal parts thereof, the lowest floor, including the basement, of the proposed building or structure above sea level according to the latest United States Coast and Geodetic Survey; a site plan, as required pursuant to Article XIII of this chapter; and any and all other information deemed necessary by him to ascertain compliance with this chapter.
[Amended 11-8-1965]
A.
No building permit shall be issued until the Building
Inspector has certified that the proposed building or alteration complies
with all the provisions of this local law and the New York State Uniform
Fire Prevention and Building Code[1] in effect and as amended from time to time and the requirements of Article XIII herein pertaining to site development plan approval.
[Amended 10-27-1986 by L.L. No. 19-1986[2]]
B.
No building permit shall be issued by the Building
Inspector unless the elevation of the proposed finished first floor
shall equal or exceed 24 inches in elevation above the established
grade of the road upon which the proposed structure fronts or has
access, when measured at the midpoint between side lot lines. The
words "established grade," for the purpose of this section, are defined
to mean the grade elevations above sea level as set forth on the official
street grade maps now adopted or subsequently adopted or amended by
the Board of Trustees by resolution and filed in the office of the
Village Clerk. If no established grade exists because of the lack
of official maps, the Building Inspector shall have the discretion
to fix an elevation for the finished first floor of the proposed building
or structure which, in his opinion, will conform to the spirit and
intent of this chapter.[3]
[3]
Editor's Note: The following original subsections, which immediately followed this subsection, have been repealed or relocated as indicated. Original § 93-38C, stating the intent of flood damage prevention regulations, and original § 93-38D, regarding the construal of flood damage prevention regulations, both added 8-27-1973, as amended, were repealed 5-26-1987 by L.L. No. 9-1987. Original § 93-38E, requiring site plan approval by the Planning Board, and original § 93-38F, regarding filing fees for site plan approval, both added 2-9-1981 by L.L. No. 3-1981, were repealed 10-27-1986 by L.L. No. 19-1986. Original § 93-38G, requiring approval by the Planning Board of all variations of site plans, added 2-8-1982 by L.L. No. 6-1982, was repealed 10-27-1986 by L.L. No. 19-1986. Original § 93-38H, pertaining to revocation of existing certificates of occupancy, added 2-8-1982 by L.L. No. 6-1982, was transferred to § 93-44C (see now § 435-61C) 7-25-1983 by L.L. No. 22-1983.
C.
A building permit shall be required for the construction,
alteration, movement, enlargement, modification, replacement, structural
repair, removal or demolition of every building or structure or any
appurtenances connected or attached to such buildings or structures.
A plumbing permit shall be required for the construction, alteration,
movement, enlargement, modification or replacement of any plumbing
or piping systems.
[Added 1-23-2006 by L.L. No. 1-2006]
[Amended 3-14-1966; 1-23-2006 by L.L. No. 1-2006]
A.
It shall be unlawful for any person to commence work
for the construction, alteration, movement, enlargement, modification,
replacement, structural repair, removal or demolition of any building
or structure or any appurtenances connected or attached to such building
or structure without having first obtained a building permit and/or
plumbing permit for such work.
B.
Should the Senior Building Inspector determine that
such work is occurring or has been commenced without benefit of a
duly issued building permit, he shall have authority to issue a stop-work
order, which such order shall be affixed to the building in plain
view. Such order shall remain in full force and effect until such
time as it is withdrawn by the Senior Building Inspector or otherwise
affected by court order.
C.
It shall be unlawful for any person to continue work
or to permit work to be conducted at the premises while a stop-work
order is in effect unless permitted in writing by the Senior Building
Inspector. Such permitted work shall be limited to securing the premises
and/or work area as to property and as to health and safety issues.
D.
The failure to comply with the provisions of a stop-work
order by an owner, lessee or contractor shall constitute a misdemeanor.
The failure to comply with a stop-work order by a contractor or employee
of the owner or lessee shall be presumed to have been at the direction
or authority of the owner and/or lessee, and shall further be subject
to a civil penalty against such owner and/or lessee in the amount
of $1,000 per day for each day that such stop-work order is violated.
The Village Attorney is hereby authorized to initiate such proceedings
as he deems necessary to enforce any stop-work order, or to recover
such civil penalties as are warranted in the circumstances.
[Amended 3-14-1966; 4-26-1971; 7-26-1971; 12-22-1980 by L.L. No. 22-1980; 3-24-1986 by L.L. No. 4-1986; 6-11-1990 by L.L. No. 4-1990; 4-23-2001 by L.L. No.
3-2001; 5-9-2005 by L.L. No. 8-2005; 3-9-2009 by L.L. No.
7-2009]
A.
The building and plumbing fees for the following shall
be as set from time to time by resolution of the Board of Trustees:[1]
(1)
One- and two-family dwellings (includes all floors);
(2)
Multiple dwellings;
(3)
Garages;
(4)
New commercial;
(5)
Existing commercial;
(7)
Towers;
(8)
Residential renovation;
(9)
Accessory/utility structures;
(10)
Decks;
(11)
Plumbing/heating.
[1]
Editor's Note: The current Fee Schedule is
on file in the office of the Village Clerk.
B.
Any landowner commencing construction activity without
the benefit of an applicable Village permit shall be liable to the
Village for a civil penalty of not less than double the value that
the permit would require.
[Amended 6-10-2013 by L.L. No. 10-2013]
C.
The Village Board may modify and amend the fees identified in Subsection A hereof by resolution duly adopted in open session, and such amended fees shall become effective immediately upon such adoption.[2]
[2]
Editor's Note: Original § 93-41,
Refund of fees, which immediately followed this section, was repealed
4-23-2001 by L.L. No. 3-2001.
[Amended 4-23-2001 by L.L. No. 3-2001]
All permits shall expire in one year of issuance
thereof, and the renewal fee shall be paid in full at the time of
renewal.
[Amended 3-14-1966; 4-12-1971]
A.
No person shall raze any building or any structure
in excess of 10 feet in height or 100 square feet in floor area in
the Village of Patchogue without first having obtained from the Building
Inspector a permit for said razing. It shall be unlawful for any person
to leave the premises upon which the razing took place in a dangerous,
unsafe or hazardous condition due to accumulation of debris or open
excavation. The fee for a razing permit shall be in a sum as set from
time to time by resolution of the Board of Trustees.[1]
[Amended 12-22-1980 by L.L. No. 2-1980; 3-24-1986 by L.L. No. 4-1986; 3-9-2009 by L.L. No. 7-2009]
[1]
Editor's Note: The current Fee Schedule is
on file in the office of the Village Clerk.
B.
No person shall leave any premises in a dangerous,
unsafe or hazardous condition, whether or not in connection with the
razing of any building or structure, or in such condition as to constitute
an attractive nuisance. The owner of record or any person occupying
or controlling the use of any such property containing such an open
excavation shall, within 10 days after notice thereof from the Building
Inspector, delivered either personally or by certified mail, return
receipt requested, protect such open excavation either by the erection
of a fence or by the filling of said excavation pursuant to such requirements
as shall reasonably be imposed by the Building Inspector and specified
by him in said notice.
[Added 3-14-1966]
A.
No person shall occupy or use any building or structure
hereinafter erected or altered or enlarged, changed or altered, wholly
or partly, in either its use or structure unless a certificate of
occupancy is issued by the Building Inspector after he has determined
that the conditions of the building permit and the ordinances and
local laws of the Village have been complied with.
[Amended 10-27-1986 by L.L. No. 19-1986]
B.
The fee for issuance of a certificate of occupancy
shall be as set from time to time by resolution of the Board of Trustees.
The fee for a search of the records and issuance of a duplicate certificate
of occupancy and for a certificate of zoning compliance shall be as
set from time to time by resolution of the Board of Trustees.[1]
[Amended 4-23-1979 by L.L. No. 4-1979; 1-10-1983 by L.L. No.
3-1983; 10-27-1986 by L.L. No. 19-1986; 6-13-1994 by L.L. No.
6-1994; 3-9-2009 by L.L. No. 7-2009]
[1]
Editor's Note: The current Fee Schedule is
on file in the office of the Village Clerk.
C.
Upon the recommendation of the Building Inspector, the Housing Inspector or the Planning Board, the Board of Trustees may revoke an existing certificate of occupancy or certificate of existing use upon a showing that the subject premises are being occupied or used in violation of an approved site plan or in violation of any condition or regulation imposed by the Board of Appeals, the Planning Board or the Board of Trustees or in violation of any covenant which has been recorded by agreement with or at the granting of any variance, special exception, permit, subdivision or site plan approval, certificate of existing use, Zoning Map amendment, amendment of any provision of the Zoning Chapter of the Village Code or in connection with any other matter properly before any such Board. The Board of Trustees may also direct that such occupancy or use be discontinued. Said order of the Board of Trustees shall be made after a hearing held on notice to the last owner of record of the subject premises as indicated by the current assessment roll. In the event that the Board of Trustees directs that such occupancy or use be discontinued or in the event that a parcel is being used or occupied without an approved site plan, the Village Attorney or any other designated counsel for the Village is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. However, such proceeding shall not be the exclusive remedy of the Village, and any violator may be prosecuted in the Village Court for the penalties provided by § 435-6 hereof.
[Added 7-25-1983 by L.L. No. 22-1983]
