This chapter shall be enforced by the Superintendent,
Building Inspector, Assistant Building Inspectors, Code Enforcement
Officers or Fire Inspectors as the Village Board may appoint and deem
necessary. It shall be the duty of the Superintendent and he is hereby
empowered to:
A.
Inspections. Inspect any building, structure or land
to determine whether any violation of this chapter, the New York State
Uniform Fire Prevention and Building Code or such other laws, rules
and regulations as the Superintendent shall be chargeable with inspection
or enforcement of has been committed or exists, whether or not such
building, structure or land is occupied, whether such occupancy is
in conformity with all of the applicable laws, rules and regulations,
whether or not a certificate of occupancy or compliance has been issued,
whether or not occupancy is in conformity with the aforesaid certificates
or such other certificates as the Superintendent shall issue and otherwise
generally inspect and enforce all of the laws, rules and regulations
relating to or affecting lots, buildings, structures and their use
and occupancy.
B.
Issue permits. Issue such permits and certificates
in conformity with the laws, rules and regulations of the State of
New York and of this chapter and refuse to issue the same in the event
of noncompliance, which reason therefor shall be endorsed on the application
and notice thereof given to the applicant, as is provided in this
chapter.
C.
Advise Village Board. Keep the Village Board advised
of all matters as the Village Board shall determine relating to the
enforcement of this chapter and the appropriate laws, rules and regulations,
make and keep all records necessary and appropriate to the office,
including the issuance and denial of building permits, certificates
of occupancy and/or compliance, formal complaints of violation and
the action taken on the same, and keep a record of all permits, certificates
of occupancy and compliance issued that shall be available for public
inspection.
D.
Issue notices of violation. Issue and post notices
of violations, stop-work orders, orders directing the remedying of
any condition or omission that is or creates a violation of this chapter
or other applicable laws, rules and regulations and revoke building
permits, certificates of occupancy and certificates of compliance.
E.
Inspections and reports. Make such inspections and
reports as shall be required by the Village Board for the enforcement,
amendment or addition to this chapter or of any other applicable rules
and regulations.
F.
Issue appearance tickets. Have the power, right and
authority to issue an appearance ticket, as the same is defined in
Article 150 of the Criminal Procedure Law of the State of New York,
for the violation of any section of this chapter or for any order
of the Superintendent.
G.
Other duties. Apply to the Village Board for authorization
to perform such other actions or duties as may be necessary or required
to enforce any authority or to invoke any penalty for the violation
of this chapter and any other applicable rules and regulations.
The New York State Uniform Fire Prevention and
Building Code is hereby adopted and recognized as the Official Building
Construction Code of the Village for the purposes set forth therein
and as it may be amended from time to time.
No building permit, certificate of occupancy
or certificate of compliance shall be issued unless the proposed construction
or use is in conformance with all the provisions of this chapter and
other applicable laws.
Construction of buildings or structures within
fire limits, as defined by this chapter, shall comply with the requirements
prescribed by the New York State Uniform Fire Prevention and Building
Code which shall be deemed to apply to construction of such buildings
or structures within C-1, C-2 or C-3 Districts wherein the fire hazard
is moderate (Fire Limits B).
Any person who shall violate any order of the
Superintendent, issued under this chapter, shall be deemed to have
violated this chapter.
A.
Except as otherwise provided by this chapter, a building
permit is required for:
A.
Application for a building permit shall be made to
and on forms provided by the Superintendent and shall contain the
following information and shall be accompanied with the following
documents and material as may be required by the Superintendent.
(1)
Each application shall contain the following
information and any other information as required by the Superintendent:
(a)
A description agreeing with the Tax Map of the
Village of the land on which the work is proposed.
(b)
A statement of the use or occupancy of all parts
of the land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of
the applicant, including the names and addresses of each officer of
any corporation as deemed necessary.
(e)
A brief description of the nature of the proposed
work.
(f)
Description of the proposed use.
(g)
All required permits, including but not limited
to plumbing, electrical, sign and fence permits.
(2)
Each application for a building permit shall
be accompanied by plans and specifications, including plot plans as
required drawn to scale, showing the location and size of all existing
structures on the site, the nature and character of the work to be
performed and the materials to be incorporated, distance from plot
lines, widths and grades of adjoining streets, walks and alleys and,
where required by the Superintendent, details of structural, mechanical
and electrical work, including computations, stress diagrams and other
technical data. Plans and specifications shall bear the signature
of the person responsible for the design and drawings and, if construction
is over $10,000 in value, the architect's or engineer's signature
and New York State license number.
(3)
Application shall be made by the owner or authorized
lessee or 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.
(4)
Any amendment to the application or to the plans
and specifications accompanying the same must be filed in writing
and approved by the Superintendent prior to the start of the amended
work, and such amendments shall comply with the provisions of this
chapter. The approval and/or refusal of such an amendment by the Superintendent
shall be in writing within 10 business days from receipt of the amendment
by the Superintendent.
(5)
Every application for a building permit pursuant
to this chapter shall be accompanied by payment of a fee established
by the Village Board by resolution at an open meeting.
B.
The Superintendent shall examine or cause to be examined
all applications for permits and the plans, specifications and documents
filed therewith. The Superintendent shall approve or disapprove the
application within one month from the receipt of the completed application
and after referral and recommendation from all involved agencies,
after applicable State Environmental Quality Review processing and
upon payment of all appropriate documents and fees.
(1)
Upon approval of the application, the Superintendent
shall issue a permit upon the prescribed form and shall affix his
signature or cause his signature to be affixed thereto and endorse
the plans and specifications to show approval.
(2)
If the application is disapproved by the Superintendent,
the plans and specifications shall be returned to the applicant and
each disapproval shall be filed in the office of the Superintendent.
C.
One set of such approved plans and specifications
shall be retained in the files of the Superintendent for such time
as may be mandated by state law, but not less than two years. The
applicant shall at all times keep one set of approved plans and specifications,
together with the building permit, at the building site and open to
inspection by the Superintendent at all reasonable times.
[Amended 10-27-2014 by L.L. No. 3-2014]
A.
Every building permit shall expire 12 months from the date of issuance,
if all work is not completed.
B.
The holder of the permit may apply, in writing, to the Superintendent
of Buildings for an extension of the original building permit. The
Superintendent of Buildings, upon his review of the request, may extend
the permit at six-month intervals (not to exceed 36 months) upon payment
of 1/2 of the original permit fee. Should the Superintendent of Buildings
not extend the permit, the holder of such permit will have to comply
with Section C below.
C.
Failure to complete the work within the time prescribed shall require
that a new building permit application be filed and fees paid and
a new permit issued before any work may commence or continue.
The Superintendent may revoke a building permit
issued in any one of the following circumstances:
A.
There has been a false statement or misrepresentation
as to a material fact in the application, plans, specifications or
other accompanying documents upon which the building permit was based.
B.
The building permit was issued in error and should
not have been issued in accordance with the applicable laws.
C.
The holder or the applicant has failed to meet the
requirements of an approved site development plan or subdivision plat.
D.
The work being performed under the permit is not in
accordance with the provisions of the application, the permit, the
plans or specifications.
Whenever the Superintendent shall determine
that work on any building or structure is being or has been conducted
in violation of any of the provisions of the Building Code, state,
federal, county or Village laws, rules or regulations or has failed
to meet or violates any requirement of any approved site plan or subdivision
plat, including but not limited to the required drainage, grade or
elevation plans, sewer and septic plans, approved road profile plans
and such other plans or specifications upon which a building permit
was issued or that any work is being conducted in a dangerous or unsafe
manner, then the Superintendent shall notify the owner of the property
or the owner's agent or the person performing the work to suspend
and halt work. Such direction by the Superintendent (a stop-work order)
shall be in writing and delivered to the owner or the owner's agent
or the person performing the work or affixed to any part of said structure.
Such stop-work order shall state the reasons therefor and the conditions
under which the work may be resumed. Should work continue in violation
of the stop-work order, the Superintendent may, without further notice,
revoke the building permit and, if there is a certificate of occupancy
or compliance, revoke the same.
A.
When required, it shall be unlawful, until a certificate
of occupancy shall have been applied for and issued by the Superintendent,
to occupy or use any building hereafter erected or structurally altered
or moved or the use of which has been substantially changed. It shall
also be unlawful to occupy or use or make any substantial change in
the use of any land until a certificate of occupancy shall have been
duly issued by the Superintendent for any of the following:
(1)
Occupancy and use of a building hereafter erected,
structurally altered or moved.
(2)
Change in the use of an existing building except
to another use of the same general type.
(3)
Occupancy and use of vacant land.
(4)
Change in the use of land except to another
use of the same general type.
(5)
Any change in use of a nonconforming use.
(6)
Establishment of any use of a building or land
for which a special permit use is required.
B.
Application; compliance.
(1)
Application for a certificate of occupancy or
certificate of compliance, on a form furnished by the Superintendent
for a new building or for an existing building which has been altered,
shall be made after the erection of such a building or part thereof
has been completed in conformity with the provisions of this chapter
and, in the case of a new building, shall be accompanied by an accurate
survey prepared by a licensed land surveyor showing the location of
all buildings as built. Such certificates shall be issued within five
days after receipt of said application, but only providing all the
requirements of all applicable codes or ordinances in effect are complied
with.
(2)
Every application for a certificate of occupancy
shall state that the building or the proposed use of a building or
land complies with all applicable provisions of this chapter and shall
contain an affirmation of that fact.
C.
Certificate data. In addition to the certification
required by this article, of compliance with the approved plans and
application and with the provisions of laws governing building construction,
each certificate of occupancy shall state the purpose for which the
structure may be used in its several parts, the maximum permissible
live loads on the several floors, the number of persons which may
be accommodated in the several stories, the number and location of
off-street parking spaces and any special stipulations of the permit.
D.
Temporary certificate of occupancy or compliance.
A temporary certificate of occupancy or compliance for periods of
90 days, but not more than one year in the aggregate, for a building,
structure or part thereof shall be issued before the entire work shall
have been completed, provided that such portion or portions for which
the certificate is issued may be occupied safely. For facilities intended
for dedication to the Village, the Superintendent shall require a
bond or certified check equal to 10% of the total construction cost
of the entire work proposed to insure and guarantee the completion
of the improvement.
E.
No change shall be made in the use or occupancy of
a building or structure unless a certificate of occupancy authorizing
the change of use shall have been issued. A change in use shall include,
but not be limited to, a change in or of the type, class, nature or
scope of the goods, services or operation.
F.
No certificate of occupancy shall be granted for any
use which requires site plan or special use approval, unless such
approval has been granted.
A.
It shall be unlawful to occupy or use in whole or
in part, for any purpose whatever, any building or structure altered
hereafter which was vacant during the progress of the work of alteration,
until a certificate of occupancy shall have been issued by the Superintendent
certifying that the work for which the permit was issued has been
completed substantially in accordance with the approved plans and
specifications and the provisions of the laws governing building construction
applying to such alteration.
B.
In case such building or structure has been structurally
altered so as to affect any existing means of egress or has been converted
or altered from one class to another class or has been converted or
altered so as to increase the number of dwelling units in the building
and such alteration does not necessitate the vacating of the building
during the progress of the work, the occupancy or use of the building
shall not continue more than 30 days after the completion of such
alteration unless a certificate of occupancy has been issued by the
Superintendent.
The legal occupancy and use of any existing
building or structure existing on the effective date of this chapter
may continue.
It shall be unlawful to make any changes of
occupancy or use of any building or structure unless a certificate
of occupancy authorizing the change of use shall have been issued.
It shall be unlawful to make any change of occupancy in any building
or structure hereafter which would bring it under some special provision
of the laws governing building construction, unless certifying that
such structure conforms to the provisions of the laws governing building
construction for the proposed new occupancy and use and that the proposed
use will not be in conflict with any provisions of this chapter, the
Labor Law, Multiple Residence Law or the Building Code.
In those instances where work is performed under
a permit but no certificate of occupancy is required, the Superintendent
shall issue a certificate of compliance if it is found that the proposed
work has been completed substantially in accordance with the permit
and the laws applicable thereto. The certificate shall also indicate
the use or uses to which the structure or installation may thereafter
be put to and to what extent.
No certificate of occupancy will be issued for
a building having a total floor area in excess of 10,000 square feet
or any structure or portion thereof involving hazardous or complex
conditions until a final certificate is filed with the Superintendent
by the engineer or architect who supervised the construction, stating
that the building or portion thereof was in fact constructed in conformity
with the plans therefor filed with the Superintendent.
A certificate of occupancy shall be deemed to
authorize and is required for both initial and continued occupancy
and use of the building or land to which it applies.
Upon issuance of a permit and the submission
of a certified survey of the property, the Superintendent shall issue
a certificate of occupancy for any building, structure or land existing
legally at the effective date of this chapter, certifying after inspection
that the use of the building, land or structure conforms to the provision
of this chapter.
A record of all certificates of occupancy shall
be kept in the office of the Superintendent, and copies shall be furnished
on request to any agency of the Village or to any persons having a
proprietary or tenancy interest in the building or land affected.
The Superintendent, after determining that the
off-street parking or loading facilities required by this chapter
are not being maintained in full compliance with the provisions herein,
may revoke the certificate of occupancy issued for the building, structure
or premises for which the off-street parking or loading facilities
are required.
The Superintendent or his authorized agent,
upon the showing of the proper credentials and in the discharge of
his duties, may enter upon any land or building or structure at any
time or in time of emergency, subject to all applicable laws.
Any person who shall violate any provision of
this chapter or who shall build or alter any structure or use any
land in violation of any statement or plan submitted and approved
thereunder, or who shall knowingly assist therein, shall be subject
to fine not exceeding up to $2,000 for the first offense, up to $3,000
for the second offense and up to $3,000 for each separate and subsequent
offense or 15 days in jail, or both. Each week's offense shall be
deemed a separate offense, except that after more than two offenses,
each day's offense may be deemed a separate offense. In addition to
the foregoing provisions, the Village Board may impose such other
remedies for any violation or threatened violation of this chapter
as may be provided by law.
Nothing contained herein shall be deemed to
limit or prevent prosecution pursuant to the Laws of the State of
New York.
Whenever the Superintendent shall approve or
disapprove, act or fail to act or otherwise perform any of his duties
and shall render a decision thereon, such decision shall be reviewable
by appeal to the Board of Appeals from the Superintendent's decision.
Such appeal shall be taken not more than 30 days after the filing
of the decision of the Superintendent in the office of the Superintendent.
In the event of the abandonment of any building
project, it shall be the duty of the holder of the permit or the owner
of the premises, his agent or duly authorized representative, to backfill
any open excavation up to street or ground level; in case the construction
of the building or structure has proceeded beyond the cellar excavation,
all incomplete, new and altered structures shall be completely boarded
so as to prevent access to the building or structure, in order to
limit and prevent danger to persons or property and possible fire
hazards.
A.
No board, agency, officer or employee of the Village
shall issue, grant or approve a permit, license, certificate or other
authorization, including special permits, variances and other authorizations
by the Board of Appeals, for any construction, reconstruction, alteration,
enlargement or moving of any building or for any use of any land or
building that would not be in full compliance with the provisions
of this chapter. Any such permit, license, certificate or other authorization
issued, granted or approved in violation of the provisions of this
chapter shall be null and void and of no effect, without the necessity
of any proceedings for revocation or nullification thereof, and any
work undertaken or use established pursuant to any such permit, license,
certificate or other authorization shall be unlawful.
B.
No legalization due to delinquency, oversight or any
dereliction of duty on the part of the Superintendent, Building Inspector
or other authorized agent shall legalize the erection, construction,
alteration, removal, use or occupancy of any building or structure
or use that does not conform to the provisions of this chapter.
The fees for application to any board of the
Village or for any and all permits, applications, certificates, searches,
copies or any other activity that the Village Board shall determine
that there shall be a fee shall be established by and periodically
modified by the Village Board by resolution at an open meeting.
