Village of Nissequogue, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 3-20-2007 by L.L. No. 3-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Review Board — See Ch. 5.
Planning Board — See Ch. 23.
Antennas — See Ch. 40.
Environmental quality review — See Ch. 62.
Flood damage prevention — See Ch. 71.
Freshwater wetlands — See Ch. 75.
Subdivision of land — See Ch. 101.
Wireless telecommunications facilities — See Ch. 126.
Zoning — See Ch. 128.
[1]
Editor's Note: This local law also repealed former Ch. 51, Building Construction and Fire Prevention, adopted 3-20-1964, as amended.

§ 51-1 Purpose.

This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Village. This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.

§ 51-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 51-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 51-7C of this chapter.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 51-3B of this chapter.
CODE ENFORCEMENT PERSONNEL
The Code Enforcement Officer and all inspectors.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 51-15A of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 51-3D of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 51-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 51-6 of this chapter.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 51-7E of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Nissequogue.

§ 51-3 Code Enforcement Officer; inspectors.

A. 
The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Code Enforcement Officer shall also be known as the Building Inspector and the Office of Code Enforcement shall also be known as the Building Department for purposes of the Village Code. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy/certificates of compliance, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 51-15A, Compliance orders, of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Board of Trustees of this Village;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with this Village's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B. 
The Code Enforcement Officer shall be appointed by the Village Board of Trustees. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Village Board of Trustees to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter.
D. 
One or more inspectors may be appointed by the Village Board of Trustees to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced inservice training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E. 
The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Board of Trustees of the Village.

§ 51-4 Building permits.

A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(2) 
Construction of temporary motion-picture, television and theater stage sets and scenery;
(3) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4) 
Installation of partitions or movable cases less than five feet nine inches in height;
(5) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(6) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(7) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(8) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress; or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code, and all applicable local laws, ordinances or regulations. The application shall include or be accompanied by, at least, the following information and documentation:
(1) 
A description of the proposed work;
(2) 
The Tax Map number and the street address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) 
Construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed (including proposed driveway layout and drainage improvements);
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
E. 
Amendments to applications for building permits. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the office of the Code Enforcement Officer, together with a fee as established by resolution of the Board of Trustees and approval received from the Code Enforcement Officer prior to the commencement of such change of work.
F. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
G. 
Issuance of building permits and review and approval by engineer. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code, and local laws, ordinances, and regulations. The Code Enforcement Officer shall refer said applications to such other Village authorities as may be required hereby and by any local law, ordinance or regulation.
(1) 
The Code Enforcement Officer shall submit to the Village Engineer for approval the plans and specifications of any proposed driveway layout, the grade, shape or design of which, in his judgment, will produce damaging storm or other runoff of water, soil, debris or matter of any kind onto adjoining Village streets, private roads or adjacent lands owned by others or create onsite erosion. In approving any such proposed driveway, the Village Engineer may require the installation of such additional drainage improvements as, in his opinion, are proper and necessary in keeping with sound engineering principles to prevent any such damaging runoffs. Such engineering principles shall include but not be limited to those set forth by the Village Engineer under the date of March 23, 1973, entitled "Private Lot Stormwater Runoff, Design Considerations and Parameter," as the same may be amended or supplemented from time to time by said Village Engineer.
(2) 
A reasonable inspection fee, based on prevailing professional rates and the time expended by the Village Engineer, shall be borne by the applicant and promptly paid.
(3) 
Upon approval of the application by all the appropriate Village authorities and upon receipt of the requisite fees therefor, the Code Enforcement Officer shall issue a building permit to the applicant upon the prescribed form and shall affix his signature or cause his signature to be affixed thereto.
(4) 
Driveway location and drainage plan (including any erosion mitigation devices when such are required by the Village Engineer), as finally approved by the Village Engineer, shall be made a condition of any building permit issued to the applicant.
H. 
Distribution of sets of approved plans.
(1) 
Upon approval of the application, two sets of plans and specifications shall be endorsed by the Code Enforcement Officer with the word "approved" and his signature affixed. These two sets shall be returned to the applicant, together with the building permit, and one set of the two so returned to the applicant shall be kept at the building site open to inspection by a Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at all reasonable times.
(2) 
One set of approved plans and specifications shall be retained in the files of the office of the Code Enforcement Officer, one set shall be retained in the files of the Architectural Review Board, and the fifth set shall be forwarded to the office of the Assessor. At the applicant's written request, the fifth set will not be forwarded to the Assessor but shall be returned to the applicant. The Code Enforcement Officer will forward a copy of every building permit and certificate of occupancy to the office of the Assessor.
I. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
J. 
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive.
K. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. If a structure is not complete within 12 months after the date of issuance of a building permit, the permit may be renewed for a maximum of six months upon application by the permit holder, payment of a fee equal to the original building permit fee, and application to the Code Enforcement Officer. Any further renewals shall be by application to the Board of Trustees which, upon reasonable cause being shown, may extend said permit for a finite period at a fee equal to the original building permit fee.
L. 
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
M. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 51-16, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 51-5 Construction inspections.

A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 51-16, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 51-6 Stop-work orders.

A. 
Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(3) 
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Code Enforcement Officer, state the reason or reasons for issuance, and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 51-15, Enforcement; penalties for offenses, of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 51-7 Certificates of occupancy/certificates of compliance.

A. 
Certificates of occupancy/certificates of compliance required. A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy/certificate of compliance.
B. 
Applications for certificates of occupancy/certificates of compliance.
(1) 
Applications for a certificate of occupancy/certificate of compliance shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner.
(2) 
Before the issuance of a certificate of occupancy/certificate of compliance and whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable local laws, ordinances or regulations, the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer may require the same to be subjected to tests in order to furnish proof of such compliance. The expense in connection therewith shall be borne by the applicant.
(3) 
An application for a certificate of occupancy/certificate of compliance shall be accompanied by an affidavit of the registered architect or the licensed professional engineer who filed the original plans or of the registered architect or the licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy/certificate of compliance is sought. The affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy/certificate of compliance is sought, that the structure has been erected in accordance with the approved plan and as erected complies with the law governing building construction, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
(4) 
In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy/certificate of compliance:
(a) 
A written statement of structural observations and/or a final report of special inspections; and
(b) 
Flood hazard certifications.
C. 
Issuance of certificates of occupancy/certificates of compliance.
(1) 
The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/certificate of compliance.
(2) 
The Code Enforcement Officer shall issue a certificate of occupancy/certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code.
D. 
Contents of certificates of occupancy/certificates of compliance. A certificate of occupancy/certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Code Enforcement Officer issuing the certificate of occupancy/certificate of compliance and the date of issuance.
E. 
Temporary certificate. The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
F. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy/certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 51-16, Fees, of this chapter must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.

§ 51-8 Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within the Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 51-9 Unsafe buildings and structures.

A. 
Unsafe buildings illegal. 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.
B. 
Examination of buildings reportedly unsafe. The Code Enforcement Officer shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written record of such examination.
C. 
Notice of defects. Whenever the Code Enforcement Officer shall find any building or structure or portion thereof to be an unsafe building as defined in this section, he shall, in the same manner as provided for the service of stop-work orders in § 51-6 of this chapter, 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 and remove the building or structure or portion thereof.
D. 
Notice to require vacation of life-endangering buildings. 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 specified repairs and improvements are completed, inspected and approved by the Code Enforcement Officer. Such Code Enforcement Officer shall cause to be posted at each entrance to such building a 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 person, firm or corporation, or their agents or other persons, 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 the same.
E. 
Failure to comply. In case the owner, agent or person in control cannot be found within the stated time limit or if such owner, agent or person in control fails, neglects or refuses to comply with notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the attorney for the Village shall be advised of all the facts in the case and shall cause to be instituted an appropriate action in the courts to compel compliance.
F. 
Action by Code Enforcement Officer in cases of emergency. In cases of emergency which, in the opinion of the Code Enforcement Officer, involve imminent danger to human life or health, he shall, upon approval by the Board of Trustees, promptly cause such building, structure or portion thereof to be made safe or to be 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.
G. 
Approval of costs by Trustees. All costs to be incurred under Subsections E and F of § 51-9 shall be approved first by the Board of Trustees and, if so approved, shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.
H. 
Trustees' procedure to act on hazardous buildings. The Village Board of Trustees may, upon resolution, in order to ensure the health, welfare and safety of the residents of the Village of Nissequogue, order work to be performed, including but not limited to the demolition of any structure deemed to be a health or safety hazard. The Board shall take this action only after it has completed the following requirements:
(1) 
A report from the Code Enforcement Officer and/or the Village Engineer, in writing, to the Board of Trustees, which report concludes that the structure is a danger to the health, welfare and safety of the Village residents and outlines the work to be performed.
(2) 
Service of a copy of said report upon the owner of the structure. For purposes of this provision, a letter sent by certified mail to the last known address of the person shown as the landowner on the Village assessment rolls shall be considered sufficient notice, together with posting a copy of said notice on said structure. The notice so served shall give the landowner 30 days from the date of mailing and posting within which to substantially commence correction of any defect and 90 days from the date of mailing and posting to complete the work ordered to be performed under said notice. The notice shall also inform the owner of the structure that failure to perform the work required may result in the Village performing said work and demanding from the owner of said property the cost therefor. The notice shall further inform the owner of the structure that should said cost not be paid, it shall be added to the real property tax roll for the next fiscal year.

§ 51-10 Operating permits.

A. 
Operating permits required.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(b) 
Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of the Village.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
F. 
Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 51-16, Fees, of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 51-11 Firesafety and property maintenance inspections.

A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Firesafety and property maintenance inspections of all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) shall be performed at least once every 12 months.
B. 
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon; the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained and that no inspection or investigation of any private residence shall occur if the occupant thereof denies entry thereto, unless reasonable evidence exists of possible hazardous conditions therein, and then only if approved by the Board of Trustees and he or she is accompanied by a police officer of the Village.
C. 
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.
D. 
Emergency abatement. In addition to the remedies set forth in § 51-15 herein, the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer, upon finding fire hazards in or upon any premises, if he or she deems time to be of the essence, may order immediate abatement or corrections necessary to eliminate such hazards.
E. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 51-16, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC. The Village shall have a right to charge for all services related to fire inspections.

§ 51-12 Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other local law, ordinance, or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 51-15, Enforcement; penalties for offenses, of this chapter;
C. 
If appropriate, issuing a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

§ 51-13 Recordkeeping.

A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy/certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 51-4 through 51-12, inclusive, of this chapter; and
(9) 
All fees charged and collected.
B. 
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.

§ 51-14 Program review and reporting.

A. 
The Code Enforcement Officer shall annually submit to the Village Board of Trustees a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 51-13, Recordkeeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Village, on a form prescribed by the Secretary of State, a report of the activities of the Village relative to administration and enforcement of the Uniform Code.
C. 
The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village in connection with administration and enforcement of the Uniform Code.

§ 51-15 Enforcement; penalties for offenses.

A. 
Compliance orders. The Code Enforcement Officer is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Code Enforcement Officer; specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B. 
Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
C. 
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Village.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of the Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Village Board of Trustees.
E. 
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 section, 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 § 51-6, Stop-work orders, of this chapter, in any other section of this chapter, 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 § 51-6, Stop-work orders, of this chapter, in any other section of this chapter, 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.

§ 51-16 Fees.

A fee schedule shall be established by resolution of the Board of Trustees. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy/certificates of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter. The current schedule of such fees shall be maintained by the Village Clerk.

§ 51-17 Intermunicipal agreements.

The Village Board of Trustees may, by resolution, authorize the Mayor of the Village to enter into an agreement, in the name of the Village, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

§ 51-18 Severability.

If any section of this chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this chapter.

§ 51-19 When effective.

This chapter shall take effect immediately upon filing in the office of the New York State Secretary of State.