[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where applicable.]
Numbering of buildings — See Ch. 99.
Fees — See Ch. 143.
Fences — See Ch. 146.
Fire prevention — See Ch. 154.
Flood damage prevention — See Ch. 159.
Flood hazard areas — See Ch. 161.
Freshwater wetlands — See Ch. 165.
Property maintenance — See Ch. 240.
Streets and sidewalks — See Ch. 269.
Subdivision of land — See Ch. 272.
Water and sewer inspection required for permit — See Ch. 301.
Zoning — See Ch. 310.
The Village Board hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code, pursuant to Article 18 of the Executive Law. The New York State Uniform Fire Prevention and Building Code is effective in the Village of Woodbury immediately.
There is hereby established a Building Department for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and all ordinances, rules and regulations of the Village of Woodbury relating to building construction, repair, demolition, use and occupancy of buildings and property within the Village of Woodbury.
As used in this article, the following terms shall have the meanings indicated:
- Includes any structure of any kind.
- CODE ENFORCEMENT OFFICER
- The individual who is appointed to administer the Building Department, who may or may not be a resident of the Village of Woodbury.
The Building Department shall be headed by a Code Enforcement Officer appointed by the Village Board to serve at the pleasure of the Village Board and to exercise any and/or all of the duties of the Code Enforcement Officer.
The Code Enforcement Officer shall, in addition to the powers given him in Chapter 310, Zoning, of the Code of the Village of Woodbury, have all the powers set forth in § 381 of the Executive Law relating to the administration of the New York State Uniform Fire Prevention and Building Code and shall administer and enforce such code and all ordinances, rules and regulations of the Village of Woodbury relating to construction, repair, demolition, use and occupancy of buildings and property in the Village of Woodbury.
Without limitation upon the foregoing, the Code Enforcement Officer shall have the power to:
Issue permits for the erection, alteration, repair and demolition of buildings.
Give notices in regard to or orders for the removal of illegal or unsafe conditions.
Issue certificates of occupancy.
Inspect buildings and premises at such times as he may deem necessary to the performance of his duties.
The Code Enforcement Officer shall keep a record of all building permits, notices, orders and certificates of occupancy issued by him and shall report monthly thereon to the Village Board.
Applications for building permits, in addition to the requirements of Chapter 310, Zoning, shall be on forms supplied by the Building Department and shall state:
The name and address of the owner.
The name and address of the contractor or person or persons who will perform the work.
The location of the premises.
A description of the proposed work.
The estimated cost of the proposed work.
The nature of the proposed use of the structure.
Each application for a building permit shall be accompanied by a duplicate set of plans and specifications in such detail as may be required by the Code Enforcement Officer, one copy of which shall be retained by the Code Enforcement Officer, and the other copy shall be returned to the applicant at the completion of the proceeding and, if the application is approved, shall be endorsed with the approval of the Code Enforcement Officer. The foregoing shall be submitted in addition to the material required to be submitted by Chapter 310, Zoning.
The initial building permit fee shall be paid when the application is made and shall be retained irrespective of the action taken on the application.
Every building permit shall expire at the end of two years, and, if construction is not then completed, a new or extended permit shall be granted only on payment of fees therefor until completion or removal of the uncompleted structure.
Where a building permit has been issued by the Building Department and thereafter an applicant requests a refund of the building permit fee because he decides not to construct the facility for which the building permit was issued, the applicant shall file a formal request with the Village Board for such refund. The Village Board shall make a determination as to whether or not such a refund is just and equitable and may consider among other things whether or not the Building Department has rendered any services on behalf of the applicant such as on-site inspection and review of plans. In no event shall a refund be warranted where any on-site work has been performed by the applicant.
[Added 7-23-2020 by L.L. No. 7-2020]
Legislative findings and intent. Invoking the powers granted to the Board of Trustees ("Board") of the Village of Woodbury ("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 an 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 its limited and general members, shareholders, officers and directors or any other persons having control over such entity. The Board further finds and declares:
That in connection with development or potential development in the Village that 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.
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.
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.
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.
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.
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.
An entity disclosure statement is not required for any of the following activities:
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;
Construction of accessory structures, other than garages, not in excess of 300 square feet;
Construction of outdoor decks, sidewalks, or porches;
Construction of outdoor swimming pools;
Installation of fences;
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 not limited to, window replacement, door replacement, plumbing improvements, new siding, removal of interior walls, and similar improvements;
Installation or removal of home heating oil or propane tanks, in accordance with all applicable laws;
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
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).
Penalties for offenses.
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 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.
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, 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.
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.
Civil penalty. In addition to those penalties prescribed herein and by state law, any person or entity who violates any provision of this chapter 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.
The Code Enforcement Officer may revoke any building permit if issued in error, if the work does not comply with the plans and specifications as filed, if there has been any misrepresentation of a material fact in the application or accompanying documents or if any lawful order of the Code Enforcement Officer or his assistants shall have been disobeyed.
The Code Enforcement Officer may order the remedying of any condition in violation of the New York State Uniform Fire Prevention and Building Code. Such order shall be in writing and shall be served upon the owner or his authorized agent personally or by registered mail addressed to the address shown in the application for the building permit. Such order shall grant a reasonable time to remedy such condition.
Certificates of occupancy shall be issued by the Code Enforcement Officer as provided in Chapter 310, Zoning. In addition to the requirements of Chapter 310, Zoning, such certificates shall be issued only if the work complies in all respects with the New York State Uniform Fire Prevention and Building Code and all ordinances, rules and regulations of the Village of Woodbury relating to buildings, and the certificates shall state the use to which the building may be put.
Abatement of unsafe buildings. All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.
Inspections by Code Enforcement Officer. The Code Enforcement Officer shall examine or cause to be examined every building reported as unsafe or dangerous and shall make a written record of such examination to the Village Board. Such examination and report may be made in conjunction with an engineer or such other expert authorized by the Village Board for such purpose.
Notice of unsafe building. Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building, he shall give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish the building or structure or portion thereof. Such notice shall be in writing, shall state the conditions found to exist and the work necessary to render the building and structure safe, and may be served upon the person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of same by registered mail to the owner at his last known address. Such notice shall also advise of the availability of a hearing before the Village Board as provided for in Subsection D hereof and shall be filed in the Orange County Clerk's office in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules.
Hearing procedures; time limit for compliance.
Upon receipt of notice given pursuant to Subsection C hereof, the owner, agent or person in control of a subject building or structure shall have the opportunity to present such facts and evidence by experts, including engineers or architects or otherwise, as he may deem necessary, in order to demonstrate that such building is not unsafe, at a hearing before the Village Board at its next regularly scheduled meeting or any special meeting thereof called for such purpose.
A request for such hearing shall be made within 10 days after the service of any notice given pursuant to Subsection C hereof. Such request shall be in writing and addressed to the Code Enforcement Officer, c/o the Village of Woodbury, Highland Mills, New York 10930. At such hearing the Code Enforcement Officer shall present the facts that gave rise to his determination that such a building was unsafe. A failure to request such hearing within the required time shall be deemed a waiver of the right to a hearing unless the Village Board shall excuse such failure for good cause shown.
After such hearing the Village Board shall confirm the Code Enforcement Officer's determination or reject the same. If the Code Enforcement Officer's determination is confirmed, such confirmation shall be in writing and shall briefly state the reason therefor. Such confirmation shall be served upon the owner, agent or person in control of the subject structure or building in the same manner as the Code Enforcement Officer's notice. If the Village Board shall confirm the Code Enforcement Officer's determination, the owner, agent or person in control of the subject structure or building shall have 10 days from service of the determination of confirmation to comply with the directions thereof, or such shorter period of time as prescribed by the Village Board, or shall be deemed to have failed to comply and accordingly shall be subject to all remedies and penalties otherwise available to the Code Enforcement Officer or Village Board.
Emergency notice and action.
If the Code Enforcement Officer finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specific repairs and improvements are completed, inspected and approved by the Code Enforcement Officer. The Code Enforcement Officer shall cause to be posted at each entrance to such building the notice: "This building is unsafe and its use or occupancy has been prohibited by the Building Department." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any persons, firm or corporation, or their agents or other servants, to remove such notice without written permission of the Code Enforcement Officer or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
In case of an emergency which, in the opinion of the Code Enforcement Officer, involves imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a public or private way.
Failure to obey notice. In case the owner, agent or person in control shall fail, neglect or refuse to comply with notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, or a confirmation of the Code Enforcement Officer's determination, the Village Board shall be advised of all the facts in the case and shall provide for the demolition and removal of such building or structure either by Village employees or by contract. Except in emergencies provided for in Subsection E hereof, any contract for demolition and removal of a building in excess of the limitation set out in § 103 of the General Municipal Law shall be through competitive bidding.
Costs of compelling compliance or effective removal. All costs incurred under Subsections E and F of this section shall be paid in the first instance from the general Village funds, shall be a charge upon the lands affected and shall be levied and collected in the same manner as all other Village charges. Such charges shall become a lien when the Village Board shall have finally determined and assessed the same by resolution.
Any owner, contractor or other person who shall fail to comply with any order of the Code Enforcement Officer or who shall knowingly violate any provisions of the New York State Uniform Fire Prevention and Building Code shall be punishable by a fine of not more than $500 or 30 days' imprisonment, or both. Each day that a violation continues shall be deemed a separate offense.
The foregoing penalties are not exclusive and shall not limit the power of the Building Department and the Village Board to enforce the provisions of this article and the New York State Uniform Fire Prevention and Building Code by any other actions or proceedings provided by law.