[HISTORY: Adopted by the Board of Trustees of the Village of Wolcott as indicated in article histories. Amendments noted where applicable.]
All persons, except such as are duly and specially authorized by law in such cases made and provided, are forbidden and prohibited from hawking, peddling, auctioneering, soliciting and canvassing, or conducting circuses, menageries, public exhibitions amusement parks or shows, or distributing bills or other advertising matter, or hanging, exhibiting or swinging banners, placards or any other matter in, upon and across the streets in the Village of Wolcott, without first obtaining from the Village Board of said Village a license authorizing and regulating the same, for which a fee of $5 per day or $50 for a year shall be charged.
Any persons violating this article shall be punishable for the first offense by a fine not exceeding $25 or by imprisonment in the Wayne County Jail for 25 days, or both, and for a second or subsequent offense by a fine not exceeding $50 or by imprisonment in the Wayne County Jail for 50 days, or both.
[Adopted 10-8-1985 by L.L. No. 4-1985]
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, improvement, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Official for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
Application for a building permit shall be made to the Building Official on forms provided by him and shall contain the following information:
A description of the land on which the proposed work is to be done.
A statement of the use or occupancy of all parts of the land and the proposed building or structure.
The valuation of the proposed work.
The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations, and the name and address of the owner's authorized agent, if any.
A brief description of the nature of the proposed work.
If the construction is to be in accordance with the provisions of the state building construction code, a statement that the application is made for permission to construct in accordance with the provisions of such code.
Such other information as may reasonably be required by the Building Official to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances, rules and regulations.
The application shall be signed by the owner or his authorized agent.
The application shall be made by the owner or by the agent, architect, engineer, or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application; and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the Building Official, any building inspector and any officer or employee of the Building Department to enter upon the premises without a search warrant in the manner prescribed in Rule No. 7.
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks, and alleys and, where required by the Building Official, details of structural, mechanical, and electrical work, including computations, stress diagrams and other essential technical data; plans and specifications shall bear the signature of the person responsible for the design and drawings and where required by § 7202 or 7302, as amended, of Article 145 or 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer; the Building Official may waive the requirements for filing plans and specifications for minor alterations and issue a building permit so stating.
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Official and approval received from the Building Official prior to the commencement of such change of work.
Upon the filing of an application for a building permit a fee of $25 shall be paid.
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided no work has been commenced. If work has been started and the application is not approved, the fees paid shall not be refunded.
The Building Official shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within 60 days from the date of submission of the application.
Upon approval of the application and upon receipt of the legal fees therefor, the Building Official shall issue a building permit to the applicant upon the form prescribed by the Building Official and shall affix his signature or cause his signature to be affixed thereto.
Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Department and the other set shall be returned to the applicant together with the building permit and shall be kept by the applicant at the building site open to inspection by the Building Official or his authorized representative at all reasonable times.
If the application together with plans, specifications and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Official shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Official shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
A building permit shall be effective to authorize the commencing of work for a period of six months after the date of its issuance. For good cause, the Building Official may allow a maximum of two extensions for periods not exceeding three months each. All work shall conform to the approved application, plans and specifications and shall be in accordance with applicable building laws, ordinances, rules, and regulations.
Building permits shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares.
The Building Official may revoke a building permit therefor issued in the following instances:
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Official.
Whenever the Building Official has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances, rules, or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for permission for the construction of such building.
The Building Official and building inspectors, upon the showing of proper credentials and in the discharge of their duties, shall be permitted to enter upon any building, structure, or premises, without interference, during reasonable working hours.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Official.
No building hereafter 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 shall have been issued by the Building Official.
No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Official.
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before issuance of a certificate of occupancy, there shall be filed with the Building Official an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans, and as erected complied with the law governing building construction or as varied by a variance which has been legally authorized. Such variances and qualifying conditions imposed therewith, if any, shall be specified in the affidavit.
Before issuing a certificate of occupancy, the Building Official shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, or change the use or nature of occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained in the Building Department a record of all such examinations and inspections together with a record of findings of violations of the law.
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances, rules, and regulations, and also in accordance with the application, plans, and specifications filed in connection with the issuance of the building permit, the Building Official shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Official shall not issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
A certificate of occupancy shall be issued, where appropriate, within 30 days after written application therefor is made.
The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy are in conformity with the provisions of the applicable building laws, ordinances, rules and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.
Upon request, the Building Official may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause, the Building Official may allow a maximum of two extensions for periods not exceeding three months each.