[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 2-10-2009 by L.L. No. 3-2009 (Ch. 7 of the 1968
Compilation). Amendments noted where applicable.]
Pursuant to § 377 of the Executive Law of the State
of New York, the Village of Sag Harbor, Suffolk County, New York,
hereby accepts the applicability of the New York State Uniform Fire
Prevention and Building Code, except as provided herein, and shall
enforce said code.
A.
It shall be the duty of the Building Inspector to administer and
enforce the provisions of this chapter.
B.
The Village Board may appoint one or more Deputy Building Inspectors,
as the need may appear, to act under the supervision of the Building
Inspector and to exercise any portion of his powers and duties at
compensation which shall be fixed by the Board. Whenever the Building
Inspector is absent or unable to act, the Deputy Building Inspectors
are authorized to perform his functions.
No officer or employee of the Building Department shall engage
in any activity inconsistent with his duties or with the interests
of the Building Department; nor shall be, during the term of his employment,
be engaged directly or indirectly in any building business, in the
furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of plans
or specifications thereof within the Village of Sag Harbor, excepting
only that this provision shall not prohibit any employee from such
activities in connection with the construction of a building or structure
owned by him and not constructed for sale.
A.
The Building Inspector shall administer and enforce all rules, regulations,
laws and ordinances applicable to the construction, alteration, repair,
removal and demolition of buildings and structures and the installation
and use of materials and equipment therein and the location, use,
occupancy and maintenance thereof.
B.
The Building Inspector shall receive applications and issue permits
for the erection, alteration, removal and demolition of buildings
or structures or parts thereof and shall examine the premises for
which such applications have been received or such permits have been
issued for the purpose of ensuring compliance with laws, ordinances
and regulations governing building construction.
C.
The Building Inspector shall issue all appropriate notices or orders
to remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties, except that he may accept
written reports of inspection from building inspectors or other employees
of the Department or from generally recognized and authoritative service
and inspection bureaus, provided the same are certified by a responsible
official thereof.
D.
Whenever the same may be necessary or appropriate to assure compliance
with the provisions of applicable laws, ordinances or regulations
covering building construction, the Building Inspector may require
the performance of tests in the field by experienced, professional
persons or by accredited and authoritative testing laboratories or
service bureaus or agencies.
A.
The Building Inspector shall keep permanent official records of all
transactions and activities conducted by him, including all applications
received, permits and certificates issued, fees charged and collected,
inspection reports and notices and orders issued. All such records
shall be public records open to public inspection during business
hours.
B.
The Building Inspector shall annually submit to the Village Board
a written report and summary of all business conducted by the Building
Inspector, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending.
An application for a building permit is not required in the
R-20 Zone where there is no change in the perimeter or structural
elements of an existing structure which is being repaired, improved
or remodeled, or for such kinds, types and methods of repairs, improvements
and alterations as the Village Board shall specify from time to time
in regulations adopted by said Board by resolution applicable to this
chapter.
A.
Permit required.
(1)
No person, firm or corporation shall commence the erection, construction,
enlargement, alteration, removal, improvement, demolition, conversion
or change in the use or nature of the occupancy of any building or
structure or cause the same to be done without first obtaining a building
permit from the Building Inspector 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 or where the
requirement for a building permit has been exempted by another provision
of this Code.
(3)
No person, firm or corporation shall commence the installation, extension,
modification or removal of any electrical system or parts thereof
without first filing an electrical application with the Building Department.
(4)
No person, firm or corporation shall install or energize more electrical
meters in a one-family building than the number of distinct and separate
residences in such building, as authorized and shown on the certificate
of occupancy applicable thereto, or, if there is no certificate of
occupancy, without written authorization of the Chief Building Inspector
of the Village of Sag Harbor.
(5)
Sediment control. Where construction includes the depositing or disturbance
of soil at the site, a sediment control fence shall be erected downhill
of the work. The sediment control fence shall be installed with the
stakes downhill of the fence. The bottom of the sediment control fence
shall be buried a minimum of four inches. Bales of hay or straw shall
abut the uphill side of the fence where the grade uphill of the fence
exceeds 10%. The sediment control fence shall effectively prevent
soil from traveling onto adjacent properties, including the Village
right-of-way.
[Added 1-14-2014 by L.L. No. 2-2014]
B.
Application form; submission.
(1)
Application for a building permit shall be made to the Building Inspector
on forms provided by him and shall contain the following information:
(a)
A description of the land on which the proposed work is to be
done.
(b)
A statement of the use or occupancy of all parts of the land
and of the building or structure.
(c)
The valuation of the proposed work.
(d)
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.
(e)
A brief description of the nature of the proposed work.
(g)
Such other information as may reasonably be required by the
Building Inspector to establish compliance of the proposed work with
the requirements of the applicable building laws, ordinances and regulations.
(2)
Application shall be made by the owner or owner's agent or by the
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.
(3)
Application for the installation, extension, modification or removal
of any electrical systems or parts thereof shall be made to the Electrical
Inspector on forms provided by him. Such forms shall contain information
as may reasonably be required by the Electrical Inspector to establish
compliance with the applicable ordinances and regulations.
(4)
Application for the construction, alteration, or removal of any plumbing
or drainage systems in existing or proposed buildings and structures,
or parts thereof, shall be made to the Building Inspector on forms
provided by him. Such forms shall contain information as may reasonably
be required by the Building Inspector to establish compliance with
the applicable ordinances and regulations.
C.
Plans and specifications; waivers.
(1)
Each application for a building permit shall be made on forms furnished
by the Building Department and accompanied by plans and specifications,
including a plot plan, all drawn to a scale of 1/4 inch equals one
foot, showing the nature, location, dimensions, square footage and
elevations of all proposed new construction and all existing structures
on the site, including subsurface sewage disposal facilities and drainage
structures, the nature and character of the work to be performed,
distances from lot lines, the relationships of structures on adjoining
property, widths and grades of adjoining streets, walks and alleys
and, where required by the Building Inspector, details of structural,
mechanical and electrical work, including computations, stress diagrams
and other essential technical data.
(a)
Whenever the plans accompanying an application are for a structure which, in the opinion of the Inspector, is of complex design, the Inspector shall require the applicant to file an affidavit signed by a licensed architect or engineer certifying that the plans and specifications comply with the provisions of this chapter as in force on the date of the application. In such case the Inspector may, in his discretion, employ a licensed architect or engineer to examine the plans. In the event the Inspector employs a licensed engineer or architect under this Subsection C(1)(a), the Inspector may rely upon the advice of such architect or engineer as to whether such plans and specifications comply with this chapter.
(b)
Whenever the plans accompanying an application are for a structure
which, in the opinion of the Inspector, is of complex design, the
Inspector may, in his discretion, issue the permit subject to the
condition that an architect and/or engineer whose qualifications are
acceptable to him (and who may be already employed by the owner or
builder) be employed by the owner or builder to supervise all work
done under the permit, to see that the work conforms with the approved
plans and specifications and forthwith upon its completion to make
and file with the Inspector an affidavit or affidavits that he or
they have complied with all inspection requirements of this chapter
and that the work has been carried out according to the approved plans
and specifications and in accordance with the provisions of this chapter.
In such case the Inspector may rely upon such affidavit or affidavits
as evidence that such building conforms substantially to the approved
plans and specifications and the requirements of this chapter applying
to buildings of its class and kind.
(2)
Applications for a building permit for lands within the Flood Hazard Overlay District as defined in Chapter 300, Zoning, of this Code shall include and show the following additional information on the plans and specifications submitted:
(a)
The elevation, in relation to mean sea level, of the lowest
floor, including basement or cellar, of all structures.
(b)
The elevation, in relation to mean sea level, to which any nonresidential
structure will be floodproofed.
(3)
Plans and specifications shall bear the signature of the person responsible
for the design and drawings.
D.
Amendments to the application or to the plans and specifications
accompanying the same may be filed at any time prior to the completion
of the work, subject to the approval of the Building Inspector.
A.
The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith. With respect to buildings and structures to be constructed
on lots within a filed subdivision map approved by the Village Planning
Board which has, as part of the public improvement requirements, some
type of fire-protection device (fire hydrant, fire well, underground
storage tank, etc.), the Building Inspector shall obtain written confirmation
from the Planning Board that such device has been installed to the
satisfaction of the respective fire district and/or any other appropriate
agency having jurisdiction over any and all other public improvement
requirements as stipulated by the Planning Board at the time the subdivision
was approved. However, lots within such a subdivision which are served
by existing streets or fire-protection devices shall be exempt from
such requirement. Upon written confirmation from the Village Planning
Board, the Building Inspector shall approve or disapprove the application
within a reasonable time.
B.
Every application for a building permit having a lot containing wetlands or within the jurisdictional limits of the Village Wetlands Law shall be referred to the Village planning consultant. The planning consultant shall determine whether or not a permit is required under Chapter 285, Wetlands, of the Village Code. Where the planning consultant determines that a permit is necessary, no building permit may be issued until a permit has been obtained under Chapter 285, Wetlands. Where no permit is necessary under Chapter 285, Wetlands, the Building Inspector may proceed with the application under all other relevant statutes, rules and regulations.
C.
Upon approval of the application and upon receipt of the fees therefor,
the Building Inspector shall issue a building permit to the applicant
upon the form prescribed by him and shall affix his signature or cause
his signature to be affixed thereto.
D.
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
Inspector, and the other set shall be returned to the applicant, together
with the building permit, and shall be kept at the building site open
to inspection by the Building Inspector or his authorized representative
at all reasonable times.
E.
If the application, together with plans, specifications and other
documents filed therewith, describes 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 Inspector shall cause such refusal, together
with the reasons therefor, to be transmitted to the applicant in writing.
F.
Every application for a building permit proposing to remove trees, as defined in § 253-1, shall include a tree removal permit application pursuant to Chapter 253, Tree Preservation. Said application shall be part of the building permit application and shall be processed in conjunction therewith.
[Added 2-13-2024 by L.L. No. 2-2024]
All permits issued by the Building Inspector shall be effective
and authorize the commencing of work in accordance with the application,
plans and specifications on which it is based for a period of 12 months
after the date of its issuance. For good cause and in his discretion,
the Building Inspector may allow a maximum of two extensions for periods
not exceeding three months each.
The Building Inspector may revoke all permits issued and approved
in the following instances:
A.
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;
B.
Where he finds that the building permit was issued in error and should
not have been issued in accordance with the applicable law;
C.
Where he finds that the work performed under the permit is not being
prosecuted in accordance with provisions of the application, plans
or specifications; or
D.
Where the person to whom a building permit has been issued fails
or refuses to comply with a stop-work order issued by the Building
Inspector.
Whenever the Building Inspector has reasonable grounds to believe
that work on any lot, building or structure is being prosecuted in
violation of the provisions of the applicable building laws, ordinances
or regulations or not in conformity with the provisions of an application,
plans or specifications on the basis of which a permit(s) was issued
or in an unsafe and dangerous manner, he shall notify the owner of
the property or the owner's agent or the person performing the work
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 under construction and sending a copy of the same
by registered mail or certified mail.
Any building official, upon the showing of proper credentials
and in the discharge of his duties, may enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere
with or prevent such entry.
A.
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 Inspector, in addition to any which may be required
under the Zoning Code.
B.
No building hereafter enlarged, extended or altered or upon which
work has been performed which required the issuance of a building
permit shall continue to 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 Inspector, in
addition to any which may be required under the Zoning Code.[1]
D.
A certificate of occupancy shall be required for all regulated activities conducted pursuant to Chapter 285, Wetlands, of the Village Code.
E.
Electrical systems hereafter installed, extended or modified shall
not be used until a certificate of compliance has been issued by the
Building Department.
F.
Plumbing and drainage systems hereafter constructed, altered, or
removed shall not be used until a certificate of compliance has been
issued by the Building Department.
G.
The Building Inspector may revoke a certificate of occupancy theretofore
issued and approved in the following instances:
(1)
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
upon which the building permit was issued;
(2)
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application for a certificate of occupancy.
There shall be maintained in the Building Department operated
by the Building Inspector a record of all findings of violations of
this chapter and the code.
A.
A certificate of occupancy shall be issued, where appropriate, within
30 days after application therefor is made. Failure to act upon such
application within 30 days shall constitute approval of such application,
and the building or portion thereof may thereafter be occupied as
though a certificate of occupancy has been issued.
B.
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 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.
Except for certificates of occupancy issued with respect to residential
property, the certificate of occupancy shall set forth the maximum
number of persons permitted to occupy any building, structure or portion
thereof, as said occupancy is established pursuant to the applicable
provisions of the laws of the Village of Sag Harbor.
C.
The certificate of occupancy provided for in this section is in addition to any which may be required under Chapter 300, Zoning.
D.
The Building Inspector may revoke a certificate of occupancy theretofore
issued and approved in the following instances:
(1)
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
upon which the building permit was issued;
(2)
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application for a certificate of occupancy;
(3)
Where he finds that the certificate of occupancy was issued in error;
or
(4)
Where he finds that the issuance of the certificate of occupancy
is in conflict with the applicable law.
E.
Revocation of the certificate of occupancy is not effective until
the Building Inspector refers revocation of a certificate of occupancy
to the Zoning Board of Appeals for a hearing and determination on
the merits and such determination is filed with the office of the
Village Clerk.
In all applications for a building permit, the applicant shall certify that he will comply with the Building Code, and, on applications for a certificate of occupancy, the applicant shall certify, in writing, that he has complied with the Building Code and Chapter 300, Zoning, of the Village.
Whenever there are reasonable grounds to believe that any material,
construction, equipment or assembly does not conform to the requirements
of applicable building laws, ordinances or regulations, the Building
Inspector may require the same to be subjected to tests in order to
furnish proof of such compliance.
[Added 4-12-2011 by L.L. No. 5-2011]
A.
Where applicable, the following inspections shall be scheduled by
the applicant:
(1)
Building footings after excavation, forming, and reinforcement steel
has been installed, prior to the placement of concrete.
(2)
If reinforcement is to be placed in the foundation walls of buildings
or swimming pools, the foundation walls shall be inspected after forming
and reinforcing has been installed, prior to the placement of concrete.
(3)
Damp-proofing of foundation walls prior to covering.
(4)
Framing.
(5)
Wind-resistant assemblies, including hold-downs, tension ties and
lateral systems. Fastening of exterior wall and roof sheathing shall
be inspected prior to covering with any material.
(6)
Electrical wiring and systems.
(7)
Plumbing systems, including DWV, water supply, hydronic and fuel
gas.
(8)
Mechanical systems.
(9)
Energy Code compliance.
(10)
Fire-resistant assemblies.
(11)
Special inspections as may be required by the New York State
Building Code or the Building Inspector.
(12)
Final inspection after all work authorized by the permit has
been completed.
B.
After inspection, construction work not in compliance with the code
provisions shall remain exposed until it has been brought into compliance
with the code, has been reinspected, and has been found satisfactory
as completed.
[Added 4-12-2011 by L.L. No. 5-2011]
A.
The Village Board of the Village of Sag Harbor shall appoint, by
resolution, one or more qualified electrical inspectors, who, upon
their appointment, are hereby authorized as agents of the Village
of Sag Harbor to make inspections and reinspections of all electrical
installations and to approve or disapprove same. In no event will
the cost or expense of such inspections or reinspections be a charge
against the Village of Sag Harbor.
B.
It shall be the duty of the qualified electrical inspector to physically
inspect in totality every installation for which he has been retained
and to report in writing to the Building Inspector all violations
of, deviations from or omissions of the electrical provisions of the
New York State Uniform Fire Prevention and Building Code. An original,
signed electrical certificate attesting to the compliance of an electrical
installation shall be promptly furnished to the Building Inspector
upon completion of the project. The electrical certificate shall list
the quantity of luminaires, switches, receptacles, circuit breakers
(grouped by amperage and type), disconnects and other pertinent equipment
that is approved by the certificate. A record of the dates of electrical
inspections performed and the name of the qualified electrical inspector
performing said inspections shall be included on or accompany each
certificate.
C.
A qualified electrical inspector means a person who:
(1)
Has passed the "electrical inspector" Suffolk County civil service
examination; is currently employed by a municipality in that capacity;
is a currently certified New York State code enforcement officer;
and is acting as an agent of that municipality while conducting electrical
inspections within the Village of Sag Harbor.
(2)
Is currently certified by the International Association of Electrical
Inspectors (IAEI) as a certified electrical inspector - residential
(CEI-R) and is only performing inspections on one- and two-family
homes and townhouses.
(3)
Is currently certified by the IAEI as a certified electrical inspector
- master (CEI-M).
(4)
Is currently certified by the IAEI National Certification Program
Construction Code Inspectors (NCPCCI) as an electrical inspector -
1 & 2 family; has a total of 15 years' experience as a licensed
master electrician or electrical inspector; and is inspecting one-
and two-family residences and townhouses.
(5)
Is currently certified by the IAEI NCPCCI as an electrical inspector
- general; has a total of 15 years' experience as a licensed master
electrician or electrical inspector; and is inspecting commercial
buildings.
(6)
Is a Building Inspector employed in such capacity by the Village
of Sag Harbor.
D.
All qualified electrical inspectors are required to maintain a policy
of insurance naming the Village of Sag Harbor as additional insured
and meeting or exceeding the following coverage requirements:
E.
All qualified electrical inspectors are required to complete 20 credits
of documented professional development each year. Acceptable proof
of professional development for the previous year shall be submitted
to the Building Inspector prior to February 1. Acceptable forms of
professional development are:
(1)
Pertinent training received by the qualified electrical inspector:
one credit per contact hour.
(2)
Pertinent publication by the qualified electrical inspector: two
credits per article.
(3)
Pertinent instructing or lecturing by the qualified electrical inspector:
one credit per contact hour.
(4)
Inclusion in the New York State list of Certified Code Enforcement
Officials as published by the New York State Department of State:
20 credits.
F.
Qualified electrical inspectors who fail to provide acceptable proof
of professional development shall have their ability to perform electrical
inspections in the Village of Sag Harbor suspended until such time
as acceptable proof of professional development has been submitted
and approved. Missed credits of professional development for the previous
year may be completed in the current year, except that such credit
shall not be accrued for the current year's professional development
requirements.
G.
The Building Inspector, as the "authority having jurisdiction," shall
not be bound by any approvals granted by the qualified electrical
inspector and shall have the right to disapprove any electrical installation
not complying with the New York State Uniform Fire Prevention and
Building Code.
H.
If the Building Inspector finds that any qualified electrical inspector
has approved any electric installation that does not conform to the
New York State Uniform Fire Prevention and Building Code, the Building
Inspector shall notify both the permit holder and the qualified electrical
inspector of such deficiency.
I.
Any qualified electrical inspector receiving two or more notifications pursuant to § 92-20H within a one-year period shall immediately have his/her authorization to perform electrical inspections within the Village of Sag Harbor suspended, pending a hearing by the Village Board of Trustees to revoke.
J.
Electrical surveys in lieu of open-wall inspections are only permitted
by written order of the Building Inspector.
(1)
In the event that the Building Inspector shall authorize an electrical
survey, the following requirements shall be met:
(a)
The Building Inspector shall be present at the time of the electrical
survey.
(b)
A minimum of 10% of the outlets included in the survey shall
be uncovered.
(c)
The covers of all panelboards included in the survey shall be
removed.
(d)
If the grounding electrode system is a required portion of the
electrical survey, the grounding electrode system shall be physically
observed in its entirety.
(2)
The qualified electrical inspector or the Building Inspector is authorized
to order the removal of coverings as necessary to expose any portion
of the electrical system that has been covered prior to inspection.
(3)
In no event will an electrical survey be conducted or accepted for
a swimming pool installation.
[Added 3-12-2019 by L.L.
No. 2-2019]
A.
BUILDING INSPECTOR
INNOVATIVE AND ALTERNATIVE ON-SITE WASTEWATER TREATMENT SYSTEM
(also referred to as I/A OWTS)
SUBSTANTIAL SEPTIC SYSTEM UPGRADE
Definitions. For the purposes of this section, the following definitions
shall apply:
The Village of Sag Harbor Building Inspector or his/her designee.
An on-site decentralized wastewater treatment system that,
at a minimum, is designed to result in total nitrogen in treated effluent
of 19 mg/l or less, as approved by the Suffolk County Department of
Health Services (SCDHS).
A change or upgrade to the existing septic system where the
cost of said change or upgrade equals or exceeds 50% of the cost of
the current system.
B.
I/A OWTS required. An innovative and alternative on-site wastewater
treatment system {I/A OWTS) approved by the Suffolk County Department
of Health Services shall be required for the following projects located
within Village of Sag Harbor:
(1)
All new residential construction; or
(2)
Any substantial septic system upgrade or replacement of a septic
system, required by the Suffolk County Department of Health Services;
or
(3)
An increase of 25% or more in the floor area of a building.
C.
Health Department approval.
(1)
Suffolk County Department of Health Services approval of an I/A OWTS shall be submitted to the Village prior to the issuance of a building permit for any project identified in Subsection B herein.
(a)
The Building Inspector shall not issue a certificate of occupancy or a certificate of compliance for any project identified in Subsection B above unless said project has received final approval from the Suffolk County Department of Health Services for the installation of the I/A OWTS.
(b)
The Building Inspector may, at any time, require a monitoring
report, engineer's report, and/or performance and maintenance report
demonstrating that the proposed system complies with the Suffolk County
Department of Health Services requirements.
(c)
The applicant shall comply with all local, state and federal
codes and requirements, including, but not limited to, the New York
State Building Code and the New York State Fire Prevention Code.
(2)
Notwithstanding the above, this article shall not be applicable in
those cases where the Suffolk County Department of Health Services
has determined that an I/A OWTS is not appropriate at a given location.
In those cases, an applicant shall provide a copy of the determination
of the Suffolk County Department of Health Services in writing.
D.
Required maintenance and monitoring. Every owner of a low-nitrogen
sanitary system as defined in this section must maintain such system
in accordance with the manufacturer's recommendations and monitor
the effectiveness of such system to assure that it continues to function
in a manner to be considered a low-nitrogen sanitary system (as such
was defined at the time of installation of the system) in its efficiency
in removing nitrogen.
E.
Applicability. This section shall apply to applications made for
a building permit after April 1, 2019, that meet the criteria described
above, except for the following:
(1)
Applications that have received approval from the Suffolk County
Department of Health Services for a standard sanitary septic system
prior to April 1, 2019, shall not have to comply with the requirements
herein.
F.
Penalties for offenses. Any violation of the provisions of this section
shall constitute a violation punishable by a fine of not less than
$1,000, as well as remediation of the subject premises to the satisfaction
of the Suffolk County Department of Health Services. Said remediation
efforts shall include, but not be limited to, the installation of
a compliant I/A OWTS pursuant to the Suffolk County Sanitary Code.
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building or structure or portion thereof in violation of any provision
of this chapter or to fail in any manner to comply with a notice,
directive or order of the Building Inspector or to construct, alter
or use and occupy any building or structure or part thereof in a manner
not permitted by an approved building permit or certificate of occupancy.
B.
Any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or maintenance of any building
who shall knowingly violate any of the applicable provisions of the
Uniform Code, or this chapter, or any lawful order of the Village
made thereunder regarding standards for construction, maintenance
or fire protection equipment and systems, shall be punishable by a
fine of not more than $1,000 per day of offense or imprisonment not
exceeding one year, or both.
C.
This section shall not apply to violations of the provisions of the
Multiple Residence Law punishable under § 304 of the Multiple
Residence Law of the State of New York.
Appropriate actions and proceedings may be taken at law or in
equity to prevent unlawful construction or to restrain, correct or
abate a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct or business in or
about any premises; and these remedies shall be in addition to the
penalties prescribed in the preceding section.
