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 the street or ground level; in case the
construction of the building or structure has proceeded beyond the
cellar excavation, all incomplete structures or openings shall be
completely boarded up 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.
The Building Inspector shall have the authority
to revoke any permits theretofore issued or withhold or revoke any
certificate issued pursuant to the completion of the permitted work
in the following instances:
A. Where he finds that there has been false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B. Where he finds that the permit was issued in error
and should not have been issued in accordance with the applicable
law.
C. Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
D. Where the person to whom a permit has been issued
fails or refuses to comply with a stop-work order issued by the Building
Inspector.
E. Where he finds that trees have been removed without a tree removal permit having been obtained pursuant to §
88-5S of this chapter.
F. Where he finds that trees and/or shrubs have not been replaced or fees have not been paid as required by a tree removal permit having been obtained pursuant to §
88-5S of this chapter.
G. Where he finds that the applicant or owner is no longer in compliance with a consent order or plan for a lot or parcel on which the permitted work has been completed. For the purpose of this subsection, the terms "consent order" and "plan" shall have the same meanings ascribed to them pursuant to §
88-5B(8)(c) of this chapter.
H. Where the Village Board has adopted a resolution authorizing
action.
I. Where he exercises emergency powers pursuant to §
88-2.
Whenever the Building Inspector has reasonable
grounds to believe that work on or in any building or structure is
being prosecuted in violation of the provisions of the applicable
building laws, ordinances or regulations, or not in conformity with
the provisions of an application, plans or specifications on the basis
of which a building permit was issued, or in an unsafe and dangerous
manner, he shall notify the owner of the property, the owner's agent
or the person performing the work to suspend all building activities
until the stop-work order has been rescinded. Such order and notice
shall be in writing, shall state the conditions under which the work
may be resumed, and may be served upon a 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 or certified mail.
In those instances where work is performed under
a permit but no certificate of occupancy is required, the Building
Inspector shall issue a certificate of completion 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 and to what extent.
In those instances where plumbing or drainage
work is to be performed under a permit, the Building Inspector shall
issue a certificate of approval of the plumbing or drainage work if
it is found that said work has been completed substantially in accordance
with the permit and the laws applicable thereto.
[Amended 2-27-2007 by L.L. No. 12-2006]
A. A certificate of occupancy, a certificate of completion
or a certificate of approval of plumbing and drainage work shall be
issued within a reasonable time after application therefor is made.
A final survey must be submitted before a certificate of occupancy
or a certificate of completion will be issued.
B. A certificate of occupancy, a certificate of completion
or a certificate of approval issued in error or on the basis of incorrect
information shall be suspended or revoked if the relevant deficiencies
are not corrected within a specified period of time.
Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure,
or part thereof, before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life, health or the public welfare. A temporary certificate of occupancy
may be issued for a period not exceeding three months from its date
of issuance and shall be void thereafter, except that for good cause
the Building Inspector may allow a maximum of two extensions for periods
not exceeding three months each.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable building laws or regulations,
the Building Inspector may require the same to be subjected to tests
by a testing agency designated by the Building Inspector, at the applicant's
own cost, in order to furnish proof of such compliance.
In accordance with § 382 of Article
18 of the Executive Law of the State of New York:
A. It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure, or portion thereof in violation
of any provision of the Uniform Fire Prevention and Building Code
or rule promulgated by the Building Department in accordance with
the Uniform Code or to fail in any manner to comply with a notice,
directive or order of the Building Inspector, or to construct, alter,
use or occupy any building or structure, or part thereof, in any manner
not permitted by an approved building or plumbing permit or certificate
of occupancy.
B. Any person who shall fail to comply with a written
order of the Building Inspector within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or his agent, or any other
person taking part or assisting in the construction or use of any
building, who shall knowingly violate any of the applicable provisions
of the Uniform Fire Prevention and Building Code or any lawful order,
notice, directive, permit or certificate of the Building Inspector
made thereunder regarding standards for construction, maintenance
or fire protection equipment and systems, shall be punishable as provided
in § 382 of the Executive Law. Each day that a violation
continues shall be deemed a separate offense.
Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation, or to prevent illegal occupancy of a
building, structure or premises, or to prevent illegal acts, conduct
or business in or about any premises, and these remedies shall be
in addition to penalties otherwise prescribed by law. All costs incurred
by the Village in pursuit of said actions, including reasonable attorney's
fees, shall be paid by the entity against which the Village commenced
said action.