This article may be known and cited as the "Building Construction Code of the Village of Hewlett Bay Park."
[Adopted 4-4-1989 by L.L. No. 6-1989]
As used in this article, the following terms shall have the meanings indicated:
New York State Uniform Fire Prevention and Building Code.
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]
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.
The Code Official may issue a building permit when the Code Official determines:
[Amended 7-18-2022 by L.L. No. 4-2022]
(1)
The application is complete and all required fees are paid;
(2)
The proposed work conforms to the provisions of the Uniform Code and other applicable laws;
(3)
The proposed work complies with the Village Code;
(4)
Where the proposed work does not comply with the Village Code or Uniform Code, a waiver, variance or other predicate approval has been obtained and is currently valid;
(5)
All predicate approvals from municipalities, agencies, boards, departments or other municipal authority have been obtained;
(6)
The proposed work complied with all other applicable requirements of the Village;
(7)
There are no open building permits, for which there are no available renewal periods; and
(8)
There are no pending violations of the Village Code.
C1.
Display of permit. All building permits shall be prominently displayed on the property or premises to which it pertains.
[Added 7-18-2022 by L.L. No. 4-2022]
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.
Road bond. Where the Code Official 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 Code Official or other security satisfactory to the Code Official has been supplied to the Village, and approved as to form by the Village Attorney, 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 Code Official 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 for such release, including suitable photographs of the condition of the road after completion of construction.
[Amended 7-18-1994 by L.L. No. 3-1994; 11-21-1994 by L.L. No. 6-1994; 7-17-1995 by L.L. No. 3-1995; 7-18-2022 by L.L. No. 4-2022]
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; 7-18-2022 by L.L. No. 4-2022]
(1)
With respect to any building permit issued pursuant to the provisions of this chapter:
(a)
Where and when no work has been commenced or, in the case of a new building or structure or a new ground floor addition or extension, the foundation has not been completed within six months of the date of issuance of such permit, such permit shall automatically expire by limitation, and in the latter case and circumstance, any excavation made in reliance upon such permit shall be immediately filled and the premises graded and restored to its original grade.
(b)
Except for construction of a new dwelling:
[1]
Where and when the work contemplated and authorized by such building permit shall have been commenced timely, all such work shall be completed within 12 months of the date of issuance of such permit or such permit shall automatically expire by limitation; and in such case and circumstance all further or additional work shall cease and desist unless and until a renewal permit has been applied for and granted by the Code Official. If a renewal permit is approved, then, upon the payment of an additional renewal fee equal to 50% of the original permit fee, such renewal permit shall be issued for, and all work covered by and under such building permit shall be completed within, six months of the date of issuance of such renewal permit. If all work is still not completed within such renewal period, then an additional renewal permit must be obtained from the Code Official, and in such event of additional renewal, the renewal permit shall be valid for period of six months from the date of its issuance and shall be subject, in each case, to the payment of an additional renewal fee equal to 50% of the original permit fee. Renewal permits shall be required for any and all periods following the expiration of the original permit and the expiration of any subsequent renewals thereof, and the Code Official may impose reasonable conditions upon the issuance of any renewal permit, including conditions intended to mitigate any potential adverse impact of the construction or the construction delay.
[2]
The duration of the original permit and any subsequent renewals shall not exceed a total period of 24 months. Upon the expiration of said 24 month period, a new application must be made to the Building Department for the issuance of a building permit. In addition, any new application requires the filing by the applicant of a construction completion deposit, as follows: i) for a project with an estimated cost of less than $50,000, the deposit shall be $5,000; ii) for a project with an estimated cost between $50,000 and $500,000, the deposit shall be $5,000, plus 5% of the estimated cost in excess of $50,000; and iii) for a project with an estimated cost in excess of $500,000, the deposit shall be $27,500, plus 3% of the estimated cost in excess of $500,000. Fees due to the Village pursuant to this section shall accrue for each day the project exceeds the construction completion date. Should the applicant fail to complete the construction and obtain a certificate of occupancy or completion, as the case may be, before the expiration of the said new permit and any permissible renewal periods, the Code Official may inform the Board of Trustees of such failure to timely complete the work, and the Board of Trustees may determine the amount of the construction deposit to be retained by the Village as a fee for the cost of the additional work performed and to be performed by the Building Department in connection with its review and work related to the applicant's failure to complete the work. Except where a valid emergency exists as determined by the Code Official, for any premises where a construction deposit is currently held by the Village, or the Board of Trustees has had to exercise its rights under this subsection in relation to the retention of any portion of a construction deposit, and until the work contemplated under the building permit for which the deposit was or is held by the Village, no other building permit may issue for the premises.
(c)
For a new dwelling:
[1]
Where and when the work contemplated and authorized by such building permit shall have been commenced timely, all such work shall be completed within 24 months of the date of issuance of such permit or such permit shall automatically expire by limitation; and in such case and circumstance all further or additional work shall cease and desist unless and until a renewal permit has been applied for and granted by the Code Official. If a renewal permit is approved, then, upon the payment of an additional renewal fee equal to 50% of the original permit fee, such renewal permit shall be issued for, and all work covered by and under such building permit shall be completed within, six months of the date of issuance of such renewal permit. If all work is still not completed within such renewal period, then an additional renewal permit must be obtained from the Code Official, and in such event of additional renewal, the renewal permit shall be valid for period of six months from the date of its issuance and shall be subject, in each case, to the payment of an additional renewal fee equal to 50% of the original permit fee. Renewal permits shall be required for any and all periods following the expiration of the original permit and the expiration of any subsequent renewals thereof, and the Code Official may impose reasonable conditions upon the issuance of any renewal permit, including conditions intended to mitigate any potential adverse impact of the construction or the construction delay.
[2]
The duration of the original permit and any subsequent renewals shall not exceed a total period of 36 months. Upon the expiration of said thirty-six-month period, a new application must be made to the Building Department for the issuance of a building permit. In addition, any new application requires the filing by the applicant of a construction completion deposit, as follows: i) for a project with an estimated cost of less than $50,000, the deposit shall be $5,000; ii) for a project with an estimated cost between $50,000 and $500,000, the deposit shall be $5,000, plus 5% of the estimated cost in excess of $50,000; and iii) for a project with an estimated cost in excess of $500,000, the deposit shall be $27,500, plus 3% of the estimated cost in excess of $500,000. Fees due to the Village pursuant to this section shall accrue for each day the project exceeds the construction completion date. Should the applicant fail to complete the construction and obtain a certificate of occupancy or completion, as the case may be, before the expiration of the said new permit and any permissible renewal periods, the Code Official may inform the Board of Trustees of such failure to timely complete the work, and the Board of Trustees may determine the amount of the construction deposit to be retained by the Village as a fee for the cost of the additional work performed and to be performed by the Building Department in connection with its review and work related to the applicant's failure to complete the work. Except where a valid emergency exists as determined by the Code Official, for any premises where a construction deposit is currently held by the Village, or the Board of Trustees has had to exercise its rights under this subsection in relation to the retention of any portion of a construction deposit, and until the work contemplated under the building permit for which the deposit was or is held by the Village, no other building permit may issue for the premises.
(d)
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 Code Official.
(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 Code Official, in his sole discretion, determines to be relevant.
(3)
Upon failure of a permittee to complete construction within the time limitations of a building permit or a building permit renewal, the permittee shall be responsible for the following fees for Building Department inspection, investigation and related work:
[Added 7-18-2022 by L.L. No. 4-2022]
(a)
For the first 30 days that, the project remains incomplete and no valid, unexpired building permit or permit renewal is in place, no fee shall be due.
(b)
For the 31st through the 60th day that, the project remains incomplete and no valid, unexpired building permit or permit renewal is in place, a fee of $50 per day, excluding weekends and federal holidays.
(c)
For the 61st day and thereafter that, the project remains incomplete and no valid, unexpired building permit or permit renewal is in place, a fee of $100 per day, excluding weekends and federal holidays.
(d)
These fees shall be imposed automatically and do not require the sending of any notice to the permittee prior to the imposition of any such fees.
(4)
Upon failure of the permittee to complete construction within the time limitations of a building permit or renewal permit, the Code Official may inform the permittee that the building permit has lapsed and no work may continue. The Code Official may issue a stop-work order, but the failure or choice not to issue a stop-work order or otherwise inform the permittee of the permit lapse shall not deem any work to be authorized after the building permit or permit renewal expiration.
[Added 7-18-2022 by L.L. No. 4-2022]
(5)
The Code Official may declare construction abandoned after the building permit has expired, or construction activities have ceased, for a ninety-day period. Upon such declaration, the Code Official 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 Code Official. After declaring an abandonment, the Code Official shall send written notice to the property owner that an 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 a copy of the notice by certified mail, return receipt requested and regular mail. The notice shall state the fees imposed in accordance with this section. Fees will continue to accrue when construction has been abandoned until all remedial measures required by the Code Official have been completed to the satisfaction of the Code Official.
[Added 7-18-2022 by L.L. No. 4-2022]
(6)
A permittee or property owner may appeal the abandonment declaration by filing written notice of such appeal 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 appeal, 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.
[Added 7-18-2022 by L.L. No. 4-2022]
(7)
Within six business days after the Code Official's abandonment determination or immediately after the Board of Trustees confirmation of the abandonment determination, the building permit shall be deemed revoked.
[Added 7-18-2022 by L.L. No. 4-2022]
(8)
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 fees, the completion deposit may be refunded to the property owner upon completion of the work.
[Added 7-18-2022 by L.L. No. 4-2022]
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]
O.
If any portion of the premises is subject to site plan approval relating to a change in topography, no building permit shall be issued for or in conjunction with such premises until the applicant for said permit or the owner shall have received site plan approval relating to the topography change.
[Added 3-18-2024 by L.L. No. 2-2024]
P.
If a violation of the Village Code or the Uniform Code exists on the premises, until such time as the violation is corrected, no permit or certificate of completion or occupancy shall be issued. Notwithstanding such limitation, if the building permit application seeks to correct or remediate an unsafe building, structure, equipment or condition on or relating to the premises, the Building Department may issue a building permit for such corrective or remedial work.
[Added 3-18-2024 by L.L. No. 2-2024]
[Added 5-21-2025 by L.L. No. 2-2025]
A.
Except as otherwise provided herein, no person, firm or entity shall permit or cause any construction or home improvement or alteration to be performed in the Village on Saturdays, Sundays, or legal holidays.
B.
On Monday through Friday, and federal holidays, no work shall start before the hour of 8:00 a.m. or after the hour of 6:00 p.m.
C.
A homeowner shall be permitted to perform repair work upon their own structures from 8:00 a.m. to 6:00 p.m. during weekdays and from 9:00 a.m. to 5:00 p.m. on weekends and/or federal holidays.
D.
The prohibition of this article shall not apply in the case of any emergency or with respect to work necessary for the protection of health or safety of any person upon a written determination by the Building Inspector confirming such emergency.
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:
(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]
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.
E.
It shall be unlawful to tamper with, remove or deface a written stop work order from the location where it was affixed unless and until such stop-work order has been rescinded by the Building Inspector. The owner or other person in control of the location, shall ensure that the stop-work order remains posted until rescinded by the Building Inspector. If the stop work order does not remain posted until such rescission it shall be presumed that the stop-work order was removed by the owner of the location.
[Added 7-15-2024 by L.L. No. 4-2024]
A.
Upon determination by the Building Inspector that a violation of the Uniform Code or this chapter exists in, on or about any building or premises, the Building Inspector may 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.
[Amended 7-15-2024 by L.L. No. 3-2024]
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.
D.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this chapter, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
[Added 7-15-2024 by L.L. No. 3-2024]
E.
A violation of any provision of this article shall be punishable as follows:
[Added 7-15-2024 by L.L. No. 4-2024]
[1]
Editor's Note: Former § 53-12, Failure to comply with time limits for construction completion or to proceed with construction, added 10-10-2018 by L.L. No. 5-2018, was repealed 7-18-2022 by L.L. No. 4-2022.