Town of Yorktown, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Yorktown 8-3-2010 by L.L. No. 5-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 130.
Unsafe buildings — See Ch. 135.
Conservation areas — See Ch. 140.
Environmental quality review — See Ch. 161.
Erosion and sediment control — See Ch. 165.
Flood damage prevention — See Ch. 175.
Freshwater wetlands — See Ch. 178.
Land development — See Ch. 195.
Stormwater management — See Ch. 248.
Zoning — See Ch. 300.
[1]
Editor's Note: This local law also repealed former Ch. 15, Building Construction Administration, adopted 4-29-1975 as Ch. 6 of the 1975 Code, as amended.
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 the Town of Yorktown. 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.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
The Building Inspector of the Town of Yorktown and one or more Assistant Building Inspectors or Fire Inspectors, as the Town may appoint and deem necessary (hereinafter collectively referred to throughout this chapter as the "Building Inspector").
BUILDING PERMIT
A permit issued pursuant to § 15-4 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
A certificate issued pursuant to § 15-7B of this chapter.
COMPLIANCE ORDER
An order issued by the Building Inspector pursuant to § 15-15A 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 § 15-3 of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 15-10 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 § 15-6 of this chapter.
TOWN
The Town of Yorktown.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
The Building Inspector shall administer and enforce all the provisions of the Zoning Ordinance,[1] the Uniform Code, the Energy Code and all other laws, ordinances and regulations applicable to the use of land and construction, alteration, repair, removal and demolition of buildings and structures thereon, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof, including the provisions of this chapter. The Building Inspector shall have the following powers and duties:
A. 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy and operating permits and the plans, specifications and construction documents submitted with such applications;
B. 
Upon approval of such applications, to issue building permits, certificates of occupancy and operating permits and to include in building permits, certificates of occupancy and operating permits such terms and conditions as the Building Inspector may determine to be appropriate;
C. 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy 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;
D. 
To issue stop-work orders;
E. 
To review and investigate complaints;
F. 
To issue compliance orders pursuant to § 15-15A of this chapter;
G. 
To maintain records;
H. 
To collect fees as set by the Town Board;
I. 
To pursue administrative enforcement actions and proceedings;
J. 
In consultation with the Town 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
K. 
To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter.
L. 
To require, whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.
[1]
Editor's Note: See Ch. 300, Zoning.
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 and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Building Inspector.
[Amended 5-3-2016 by L.L. No. 9-2016]
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) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above the ground;
(3) 
Construction of temporary motion-picture, television and theater stage sets and scenery;
(4) 
Installation of seasonal fabric awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(5) 
Installation of partitions or movable cases less than five feet nine inches in height;
(6) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(7) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(8) 
Replacement of any equipment, provided that the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications;
(9) 
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 (e.g., electrical, HVAC, plumbing); or
(d) 
The removal from service of all or part of a fire-protection system for any period of time.
(10) 
Installation of a fence, except that this exemption shall not apply to a fence required by the Uniform Code to surround a pool;
[Added 11-15-2011 by L.L. No. 18-2011]
(11) 
Installation of a retaining wall lower than 4.5 feet in height, except that this exemption shall not apply to a wall that supports a surcharge or impounds a Class I, II or IIIA liquid; or
[Added 11-15-2011 by L.L. No. 18-2011]
(12) 
Installation of a one-story detached building associated with a one- or two-family dwelling, which is used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area is less than 100 square feet.
[Added 11-15-2011 by L.L. No. 18-2011]
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. Except as provided in Subsection E of this section for small projects, an application for a building permit shall include submission of an application in an electronic media format (PDF or TIF or other format approved by the Building Inspector) on a form provided by or otherwise acceptable to the Building Inspector. The building permit application shall include or be accompanied by the following information and documentation:
[Amended 5-21-2013 by L.L. No. 7-2013]
(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) 
At least two paper sets of 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;
(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. 
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 Building Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Building Inspector for the property record file; the second set of the accepted construction documents shall be returned as a record copy to/for the applicant. Work shall not be commenced until and unless a building permit is issued. Applicants for permits for small projects having an anticipated construction cost of $20,000 or less may, but shall not be required to, submit electronic application documents.
[Amended 5-21-2013 by L.L. No. 7-2013]
F. 
Issuance of building permits. 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 and Energy Code. The Building Inspector shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code, as well as all relevant requirements of the Code of the Town of Yorktown and Chapter 300, entitled "Zoning."
G. 
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.
H. 
Work to be performed 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. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of the work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
I. 
Building permit time periods and renewals.
[Amended 7-17-2012 by L.L. No. 11-2012]
(1) 
A building permit shall be valid for 12 months from the date of issuance.
(2) 
A building permit may be renewed annually thereafter. A renewal application shall be granted by the Building Inspector upon a determination that the applicant has met the following conditions:
(a) 
A complete renewal application has been submitted, which incorporates any retroactively applicable building code provision that may have been enacted after the permit was first issued;
(b) 
The applicable renewal fee (§ 15-16) has been paid;
(c) 
The owner does not have any uncured outstanding violations on the subject property other than violations the work under the permit is intended to cure (if any).
(d) 
The owner does not owe any adjudicated fines for violations;
(e) 
If the renewal application was filed after the previous permit or permit renewal expired, payment by the owner of all previous years' renewal fees as if the owner had applied timely for a renewal each year, except:
[Amended 12-3-2013 by L.L. No. 10-2013]
[1] 
Where an owner has an expired permit that has passed final inspection and received all necessary third-party certifications (e.g., electric, welding, concrete strength), he shall not be required to pay the renewal fees for the years after the last required certification was submitted or obtained; and
[2] 
For the purpose of calculating the renewal fee for a permit that expired and was not renewed before December 1, 2013, if such permit does not meet the requirements of Subsection I(2)(e)[1] above, such permit shall be deemed to have expired on December 1, 2013.
(3) 
[1]All exterior and site work shall be completed within 24 months after issuance of the first building permit to the satisfaction of the Building Inspector.
[1]
Editor's Note: Former Subsection I(3), concerning a grace period for permits issued before August 1, 2012, was repealed 12-3-2013 by L.L. No. 10-2013, which local law also redesignated former Subsection I(4) as Subsection I(3).
J. 
Revocation or suspension of building permits. If the Building Inspector 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 Building Inspector 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.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 15-16 of this chapter must be paid at the time of the issuance of a building permit, for an amended building permit, or for renewal of a building permit.
A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector 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.
A. 
Authority to issue. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt:
(1) 
Any work that is determined by the Building Inspector 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 Building Inspector, 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 Building Inspector, 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 Building Inspector 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 Building Inspector 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 that 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 § 15-15 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.
A. 
Certificates of occupancy required. A certificate of occupancy 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.
B. 
Issuance of certificates of occupancy. The Building Inspector shall issue a certificate of occupancy 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. The Building Inspector or an inspector authorized by the Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. 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 Building Inspector, at the expense of the applicant for the certificate of occupancy, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy. A certificate of occupancy 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 is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy 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 Building Inspector issuing the certificate of occupancy and the date of issuance.
D. 
Revocation or suspension of certificates. If the Building Inspector determines that a certificate of occupancy was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate.
E. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 15-16 of this chapter must be paid at the time of issuance a certificate of occupancy.
The chief of any fire department providing fire-fighting services for a property within this Town shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, electrical fire or damage, fuel-burning appliance, chimney or gas vent.
Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter 135 of the Code, as now in effect or as hereafter amended from time to time.
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 by-product, 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 50 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 Town Board of the Town of Yorktown.
(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 Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector 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 Building Inspector, at the expense of the applicant.
C. 
Inspections. The Building Inspector or an inspector authorized by the Building Inspector 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 Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Required operating permits shall remain in effect for one year after issuance and must be renewed following inspection. Operating permits terminate automatically with a change in ownership, at which time a new application must be submitted for a new operating permit. Besides a change in owner identity, a change in a corporate or d.b.a. name as well as any change in persons who comprise the ownership shall automatically terminate an operating permit and necessitate the issuance of a new one for the use/activity to continue. Similarly, any change in the use for which the operating permit was issued requires a new application and a new operating permit.
F. 
Revocation or suspension of operating permits. If the Building Inspector 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.
A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or an inspector designated by the Building Inspector 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 buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) and (2), shall be performed at least once every 36 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 Building Inspector or an inspector designated by the Building Inspector 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 Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector 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.
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. Notwithstanding any other provision of this section to the contrary:
(1) 
The Building Inspector shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Building Inspector shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Building Inspector shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4) 
The Building Inspector shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
The Building Inspector 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 Building Inspector 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 § 15-15 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.
A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by all Building Department 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, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
Al complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 15-4 through 15-12, 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.
A. 
The Building Inspector shall annually submit to the Town Board a written report and summary of all business conducted by the Building Inspector and the inspectors, including a report and summary of all transactions and activities described in § 15-13 of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Building Inspector shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code.
C. 
The Building Inspector 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 this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code.
A. 
Compliance orders. The Building Inspector 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 Building Inspector shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Building Inspector; 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 Building Inspector 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 Building Inspector 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 Building Inspector 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 Building Inspector 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, stop-work order, operating permit or other notice or order issued by the Building Inspector pursuant to any provision of this chapter, shall be liable to a civil penalty of not more than $1,000 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 Town.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of this Town, 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, stop-work order, operating permit, compliance order, or other notice or order issued by the Building Inspector 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 this Town, 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 Town Board of this Town.
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 § 15-6, 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 § 15-6, 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.
[Amended 7-17-2012 by L.L. No. 11-2012; 6-6-2017 by L.L. No. 9-2017]
A. 
Fees upon submission of application for a building permit shall be in an amount as set forth in the Master Fee Schedule.[1] Said fees are nonrefundable and will be deducted from the final permit fee as set forth in the Master Fee Schedule.
[1]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
B. 
Upon the issuance of a building permit, the fees, based on total square footage of work to be performed, shall be as set forth in the Master Fee Schedule.[2]
[2]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
C. 
Renewal of building permit.
(1) 
The fee for renewal of a building permit shall be in an amount as set forth in the Master Fee Schedule.[3]
[3]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(2) 
If the applicant does not pay the appropriate renewal fee when due, it will be collected at the time of issuance of the certificate of occupancy.
D. 
In the event that a building permit is withdrawn, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded.
E. 
Building permit fees; penalty for late applications. In the event that an applicant for a building permit has caused the construction work, or any part thereof, to be started prior to the issuance of the building permit required, the applicant will be charged a fee for such a permit of no less than two times the original fee as calculated in an amount set forth in the Master Fee Schedule.[4] In calculating said fee, the "square footage of the work to be performed" under this section shall be the square footage as of the date of filing of the application and not the date that the actual work was performed or completed.
[4]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
F. 
Building permit fees; reduction for solar improvements. If the work for which a building permit is to be issued is to be performed on an existing residential or commercial building and said work includes solar improvements to the building, then the building permit fee otherwise payable for the "square footage of the work to be performed" shall be reduced by 50% of that portion of the fee attributable to the value of the solar improvements.
G. 
Certificate of occupancy fee: in an amount set forth in the Master Fee Schedule.[5]
[5]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the use of land and construction, use or occupancy of buildings or the installation of equipment therein.