This article may be known and cited as the "Building Construction
Code of the Village of Hewlett Bay Park."
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.
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.
[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.