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.
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.
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, 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;
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.
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.
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.
[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. Said fees are nonrefundable and will be deducted from
the final permit fee as set forth in the Master Fee Schedule.
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.
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.
(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. 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.
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.
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.