[Adopted 4-4-1989 by L.L. No. 6-1989]
This article may be known and cited as the "Building Construction Code of the Village of Hewlett Bay Park."
A. 
The Building Inspector or other person so designated by the Mayor with the consent of the Board of Trustees shall be the Code Official pursuant to this article.
B. 
With the consent of the Board of Trustees, the Mayor may appoint a Deputy Building Inspector and/or Deputy Code Official to act where the Building Inspector or Code Official, respectively, may be absent or otherwise unable to act.
[Added 7-17-1995 by L.L. No. 2-1995]
Except as otherwise provided by law, the Code Official shall enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code and all other laws, ordinances, rules and regulations applicable to plans, specifications or permits for the construction, alteration and repair of buildings and structures and the installation and use of materials and equipment therein and the location, use and occupancy thereof. This section shall not be construed to limit or restrict any other power or duty provided by law as to the Building Inspector.
The Mayor may, from time to time, with the approval of the Board of Trustees, appoint one or more inspectors to act under the supervision and direction of the Code Official and to exercise any portion of the powers and duties of the Code Official as such Official may direct.
Where practical difficulties or unnecessary hardship may result from strict enforcement of the provisions of this article, which provision is not also required by the New York State Uniform Fire Prevention and Building Code, and where the regional Board of Review has no authority to grant a variance from the provisions of this article, applications for variances consistent with the spirit of this article may be made to the Village Board of Zoning Appeals in the same manner as provided by law for applications to such Board for variances from the Village zoning laws.[1]
[1]
Editor's Note: See Ch. 146, Zoning.
A. 
No person or entity shall commence or continue the erection, construction, enlargement, alteration or improvement of any building or structure nor install heating equipment nor cause the same to be done without first obtaining a building permit from the Building Inspector for each such building and structure. No permit shall be required under this section for the performance of necessary repairs which do not involve material alteration of structural features and/or plumbing, electrical or heating/ventilation systems, including, for example, the replacement of siding and roofing materials. Such work shall nevertheless be done in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.
[Amended 7-18-1994 by L.L. No. 3-1994]
B. 
The Code Official shall receive applications, approve plans and specifications and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have been received, plans approved or such permits have been issued for the purpose of ensuring compliance with laws and regulations governing building construction or alterations.
C. 
A building permit will be issued when the application has been determined to be complete, when the proposed work is determined to conform to the provisions of the Uniform Code and after the Code Official has determined that the proposed work is in compliance with all other applicable requirements of the Village. The permit shall be prominently displayed on the property or premises to which it pertains during thoroughfares, if possible.
D. 
The application for a building permit and its accompanying documents shall contain sufficient information to permit a determination that the intended work conforms to and accords with the requirements of the Uniform Code and all other applicable laws.
E. 
The form of the permit and the application therefor shall be prescribed by the Code Official. The application shall be signed by the owner of the premises where the work is to be performed or by the authorized agent of such owner where written proof is submitted that the agent is so authorized. The application shall contain at least the following information:
(1) 
The name and address of the owner.
(2) 
Identification and description of the premises where the work is to be done.
(3) 
A description of the existing and proposed use or occupancy of the land and existing or proposed building or structure.
(4) 
A description of the proposed work.
(5) 
The estimated cost of the proposed work.
(6) 
A statement that the work will be performed in compliance with the Uniform Code and all other applicable laws.
(7) 
Payment of any required fees.
F. 
Such application shall be accompanied by such documents, drawings, plans, including plot plan, and specifications as the applicant shall deem adequate and appropriate for compliance with this article or as the Code Official may require as being necessary or appropriate in his judgment. An applicant may confer with the Code Official in advance of submitting an application to discuss the Code Official's requirements.
G. 
Any plans, including plot plans, or specifications which comprise a portion of an application, whether submitted subsequently upon requirement of the Code Official, shall be stamped with the seal of an architect or professional engineer or land surveyor licensed in this state and shall in all respects comply with § 7209 of the Education Law, as the same may be amended from time to time.
H. 
Issuance.
[Amended 7-18-1994 by L.L. No. 3-1994; 11-21-1994 by L.L. No. 6-1994]
(1) 
No permit will be issued by the Building Inspector unless:
(a) 
The Building Inspector has obtained the written recommendation of the Building Commissioner, given after consultation with a Trustee of the Village designated by the Mayor as liaison with the Building Department.
(b) 
The application has been determined to be complete.
(c) 
The proposed work is determined to conform to the requirements of the Uniform Code and other applicable laws.
(2) 
Notwithstanding the foregoing, where the Building Inspector or the Building Commissioner or the Trustee of the Village designated as liaison with the Building Department determines that the construction for which the permit is sought is likely to require the use of vehicles or equipment of such weight or other characteristic as is likely to cause damage to a public road or street, no building permit shall be issued until such time as a cash deposit in an amount determined by the Board of Trustees or other security satisfactory to the Board of Trustees has been supplied to the Village to guarantee the repair and restoration of any public road or street damaged as a result of such use. In addition, prior to issuance of the permit, the Building Inspector may require that the applicant supply the Village with suitable photographs of the condition of the road. No bond provided pursuant to this subsection shall be released, except with the consent of the Board of Trustees and except upon written application, including suitable photographs of the condition of the road after completion of construction.
[Amended 7-17-1995 by L.L. No. 3-1995]
H.1. 
Each holder of a building permit and the owner of the property for which a building permit has been issued shall promptly notify the Code Official of any changes in the information contained in the application during the period of time in which the permit is in effect.
[Added 11-21-1994 by L.L. No. 6-1994]
I. 
A building permit issued pursuant to this article may be suspended or revoked by the Code Official or by the Board of Trustees if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or any other applicable law or with any condition attached to such permit, or if there has been misrepresentation or falsification of a material fact in connection with the permit application or other error in the permit issuance process.
J. 
A building permit issued pursuant to this article shall expire 12 months from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first.
[Amended 6-18-2012 by L.L. No. 1-2012; 12-13-2016 by L.L. No. 1-2016]
(1) 
Upon written application by the permittee, the Board of Trustees may grant not more than five renewals of such permit, each such renewal to be for a period of six months, provided that:
(a) 
The permit is in good standing at the time the application for renewal is made;
(b) 
The relevant information in the application is current and accurate; and
(c) 
All required fees, including permit renewal fees, have been paid.
(2) 
In granting any extension pursuant to Subsection J(1) of this section, the Board of Trustees, in its sole discretion, shall consider the following criteria in determining whether to grant such extension and whether to impose conditions upon any such grant of an extension:
(a) 
The reason for delay in construction;
(b) 
The adverse impact which the delay has had upon adjacent property owners and the community, and which may occur during the extension period;
(c) 
Methods and/or conditions to mitigate the adverse impacts of the delay in construction, including, without limitation, requiring regrading or other stormwater drainage controls and/or requiring landscaping or other screening;
(d) 
The status of the construction, and the time anticipated to be required to complete construction; and
(e) 
Any other factor which the Board, in its sole discretion, determines to be relevant.
K. 
Notwithstanding any other provision of this section, no building permit shall be issued for the construction, alteration, expansion or modification of any building or structure used or to be used for any purpose other than a permitted single-family dwelling or a permitted use accessory to such single-family dwelling, unless the Board of Trustees first has approved a site plan for the proposed building or structure. Such site plan may include reasonable requirements for landscaping and other improvements which will mitigate any impacts which will be caused by or result from the construction for which the permit is requested.
[Added 5-20-1996 by L.L. No. 3-1996]
L. 
Any extension granted by the Board of Trustees pursuant to the provisions of Subsection J(2) above shall expire on the earlier of the extension date approved by the Board of Trustees or revocation by the Building Inspector.
[Added 12-13-2016 by L.L. No. 1-2016]
M. 
It shall be unlawful to permit the placement, retention, storage or accumulation of construction related material, debris or equipment on real property, except in a manner and location previously approved in writing by the Building Inspector in accordance with a building permit, and at such time when there is a current building permit for the premises.
[Added 8-27-2018 by L.L. No. 4-2018]
N. 
It shall be unlawful to fail to renew or otherwise close out a building permit on or before the building permit expiration.
[Added 8-27-2018 by L.L. No. 4-2018]
A. 
No building erected subject to the Uniform Code and this article shall be used or occupied, except to the extent provided in this section, unless and until a certificate of occupancy has been issued. No building similarly enlarged, extended or altered 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 the completion of the alteration or work unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued. The owner of the premises (or an agent authorized by the owner, in writing) may make application for a certificate of occupancy.
B. 
A temporary certificate of occupancy may be issued if the building or structure or a designated portion of the building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance, but may be renewed for one additional period of six months. Any further extension thereafter shall be issued only with the consent of the Board of Trustees.
C. 
No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code or other applicable laws in the area intended for use and upon payment of the appropriate fee.
D. 
Where a cash deposit or other security has been required by the Board of Trustees pursuant to § 53-6 of this article, no certificate of occupancy shall be issued until such time as any damage to a public street or road caused by use of equipment for construction has been repaired and the road restored in accordance with the Village's requirements.
[Added 11-21-1994 by L.L. No. 6-1994]
E. 
As used in this article, the term "certificate of occupancy" shall include a certificate of completion.
[Added 11-21-1994 by L.L. No. 6-1994]
A. 
Work for which a building permit has been issued under this article 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, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the owner or permit holder, or agent of either of them, to inform the Code Official that the work is ready for inspection and to schedule such inspection at a reasonable time.
B. 
Existing buildings.
(1) 
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspection for compliance with the Uniform Code in accordance with the following schedule:
(a) 
All buildings or structures containing areas of public assembly and the common areas of multiple dwellings: every six months.
(b) 
All buildings and structures open to the general public: every 12 months.
(c) 
All other buildings and structures: every 24 months.
(2) 
Notwithstanding any other provision 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 on inspections conducted at the invitation of an occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.
C. 
Site inspections. In addition to any other inspection which may be required by law, where the conditions of any proposed new construction or alteration or addition to existing buildings or structures are such as to cause a reasonable likelihood that adverse drainage conditions or other dangers to public health, safety and general welfare exist or would be created, the Building Inspector, with the consent of the Board of Trustees, may require suitable review of the site or construction by a professional engineer prior to issuance of a building permit, certificate of occupancy or certificate of completion. Where such review is required, the applicant for the permit or certificate shall be required to pay a fee for such inspection in an amount to be determined by the Board of Trustees.
[Added 7-17-1995 by L.L. No. 5-1995]
(1) 
If any such review conducted prior to permit issuance demonstrates the existence of conditions which would pose a threat to public health, safety or general welfare, the Building Inspector may require that site plan approval from the Board of Trustees be obtained prior to issuance of a building permit.
(2) 
If any such review conducted prior to issuance of a certificate of occupancy or certificate of compliance demonstrates the existence of conditions which would pose a danger to public health, safety or general welfare, the Building Inspector may refuse to issue said certificate, provided that nothing herein shall be construed to authorize the Building Inspector to refuse to issue a certificate to which the applicant has a vested property right.
The Code Official shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the Village and notices and orders issued. All such reports shall be public records subject to inspection, except where otherwise provided in the Freedom of Information Law.[1]
[1]
Editor's Note: See § 85 et seq. of the Public Officers Law.
A. 
Whenever the Code Official has reasonable grounds to believe that work on any building or structure is proceeding without permit or is otherwise in violation or the provisions of any applicable law, code, ordinance or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued, or is being conducted in an unsafe and dangerous manner, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B. 
Such stop-work order shall be in writing on a form prescribed by the Code Official and shall state the reasons of the stop work order, together with the date of issuance. The stop-work order shall bear the signature of the Building Inspector or that of an assistant and shall be prominently posted at the work site.
C. 
All stop orders and notices shall be in writing and shall state the conditions under which work may be resumed. A stop order shall be served upon a person to whom it is directed either by delivering it personally or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to the person, firm or corporation by certified mail.
D. 
Notwithstanding any other provision of law, no appeal shall be taken to any administrative or quasi-judicial body from any determination of the Code Official to issue, modify or withdraw a stop order, and review of any such order shall be by appropriate judicial proceeding only.
A. 
Upon determination by the Code Official that a violation of the Uniform Code or this article exists in, on or about any building or premises, the Code Official shall order in writing the remedying of the condition. Such order shall state the specific provision of the Uniform Code or other law which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by sending by registered mail.
B. 
In addition to any other penalties provided by law, any person, firm or corporation who violates any provision of the Uniform Code or this article or the terms or conditions of any certificate of occupancy issued by the Code Official shall be liable to a civil penalty of not more than $250 for each day or part thereof during which such violation continues. The civil penalties provided herein shall be recoverable in an action instituted in the name of the Village on its own initiative or at the request of the Code Official.
C. 
Alternatively or in addition to an action to recover the civil penalties provided by Subsection B, the Village may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of the Uniform Code or this article or the terms or conditions of any certificate of occupancy.
[Added 10-10-2018 by L.L. No. 5-2018]
A. 
Application. This section shall apply to all construction, including all additions, alterations, modifications, repairs and improvements which require a building permit. Compliance with the obligations imposed by this section shall be deemed a condition of any approval or permit granted under this article. The obligations imposed by this article to timely complete construction, pay any applicable penalties and provide any required security shall run with the land and apply not only to the original building permit property owner and/or applicant, but to all subsequent owners of the subject premises until all obligations imposed by this section are fully satisfied.
B. 
Construction completion. For the purposes of this section, construction shall be deemed complete upon the satisfactory performance of all construction work, including, but not limited to, compliance with all conditions of application approval and the clearing and cleaning of all construction related materials and debris from the site, and final inspection and written approval of the applicable work by the Building Inspector.
C. 
Time limits for construction completion. The maximum time for completion of construction shall not exceed the time permitted, or extended, under this article.
D. 
Effect of failure to timely comply with time limits for construction completion.
(1) 
Upon failure of a property owner to complete construction by the time limits imposed under this article, including any time limit extension approved by the Board of Trustees in accordance with this article, the following penalties may apply:
(a) 
For the first 30 days that the project remains incomplete, no penalty shall be imposed;
(b) 
For the 31st through the 60th day that the project remains incomplete, the property owner shall pay to the Village a civil penalty of $50 per day, excluding weekends and federal holidays;
(c) 
For the 61st day through 120th day that the project remains incomplete, the property owner shall pay to the Village a civil penalty of $100 per day, excluding weekends and federal holidays; and
(d) 
For the 121st day and any additional days thereafter, the property owner shall pay to the Village a civil penalty of $100 per day, excluding weekends and federal holidays.
(2) 
As a condition of an extension of a building permit granted by the Board of Trustees pursuant to this article, the Board of Trustees may establish a date during the extension period after which the owner shall be responsible for a civil penalty in an amount to be determined by the Board of Trustees for each day, excluding weekends and federal holidays, from such date until completion of the work, and/or require the deposit of a construction completion bond in a sum as provided in § 53-4 herein.
(3) 
Penalties due to the Village pursuant to this section shall accrue for each day the project exceeds the construction completion date or the date set forth by the Board of Trustees in accordance with § 53-D(2).
(4) 
Upon failure of a property owner to complete construction by the time limits established in this article or apply for a building permit extension prior to the applicable expiration of the time limit, the Building Inspector shall inform the owner that the building permit has lapsed and may issue a stop-work order and require as a predicate condition to applying for a building permit extension a construction completion deposit, as follows:
(a) 
For projects with an estimated value of less than $50,000, the deposit shall be $5,000;
(b) 
For projects with an estimated value between $50,000 and $500,000, the deposit shall be $5,000 plus 5% of the estimated value in excess of $50,000; and
(c) 
For projects with an estimated value in excess of $500,000, the deposit shall be $27,500, plus 3% of the estimated value in excess of $500,000.
(5) 
The Building Inspector may declare construction abandoned after the building permit has been expired, or construction activities have ceased, for a ninety-day period. At that time, the Building Inspector may impose conditions requiring remedial measures to be implemented by the property owner, including cleanup of the site, removal of any hazardous or unsightly conditions, and restoration of the property and all improvements to an attractive condition, as determined by the Building Inspector. After declaring an abandonment, the Building Inspector shall send written notice to the property owner that abandonment has been declared. The notice shall be delivered personally or if personal service cannot be accomplished reasonably and timely, by posting the notice at the entrance to the building or premises and sending copies of the notice by certified mail, return receipt requested and regular mail. The notice shall state the penalties. Penalties will continue to accrue when construction has been abandoned until all remedial measures required by the Building Inspector have been completed to the satisfaction of the Building Inspector.
(6) 
A property owner may appeal the abandonment declaration upon filing written notice of such dispute with the Village Clerk within five business days of the service of the abandonment notice. If a property owner provides timely written notice of such dispute, the Board of Trustees shall hold a hearing at the next available meeting date, after which hearing, the Board of Trustees may confirm the abandonment declaration or suspend the declaration upon such conditions as may be appropriate under the circumstances, including the completion of the work and/or cleanup within a set time period, submission of security to the Village, and other reasonable conditions.
E. 
Construction completion deposit. If a security deposit has been filed with the Village to assure completion of construction and/or site cleanup or remediation, subject to retention of a portion of the deposit to pay any penalties, costs or fees, the completion deposit may be refunded to the property owner upon completion of the work.