A.
No person, firm or corporation shall commence erection,
construction, enlargement, alteration, removal, improvements, demolition
or conversion of or installation in any building or structure or a
change in use or occupancy of any building or structure without first
obtaining the appropriate required permits from the Code Enforcement
Officer or Fire Marshal. No permit shall be required for construction
work which is not structural in nature and does not entail installation
of plumbing, electrical, heating or ventilation systems already in
use. No permit shall be required for work of an ordinary replacement
or maintenance nature, except as otherwise stated in this article.
B.
All other requirements shall be as outlined on the
building permit application.
C.
No permit for any work which includes plumbing shall
be issued without the written approval of the plumbing plans by the
Plumbing Inspector.
[Added 9-4-2007 by L.L. No. 7-2007]
[Amended 9-4-2007 by L.L. No. 8-2007]
Amendments to any application, plan or specifications
may be filed at any time prior to commencement of the work. Such amendments
shall likewise be subject to the written approval of the Code Enforcement
Officer, Fire Marshal or Plumbing Inspector, as may be appropriate.
A.
Permits issued shall be kept posted in a conspicuous
place on the property or premises covered by the permit for as long
a period of time as the permitted activity continues.
B.
Such permit shall be valid for the period so stated
on said permit and shall be renewed as required upon application therefor
and the payment of the applicable permit fee.[1] Work must begin within one year of the issuance of the
permit, or the permit is canceled.
[1]
Editor's Note: The current fee schedule is
available from the Village Clerk at the Village offices during regular
office hours.
Nothing herein contained shall require any change
in the plans, construction or designated use of a building for which
application for a permit shall have been filed prior to the passage
of this chapter and for the erection of which a permit may be issued
within one month from the passage of this chapter or which may be
under construction at the time of such passage if the construction
of such building shall be diligently prosecuted within one month of
the date of such passage and if the ground-story framework, including
the second tier of beams, shall be completed within six months of
the date of such passage and if such building shall be completed in
its entirety, according to such plans as may have been filed, within
one year from the date of the passage of this chapter.
"It is the intent of this amendment to this
chapter of the Village Code to prescribe regulations consistent with
nationally recognized good practices for the safeguarding, to a reasonable
degree, of life and property from conditions hazardous to life or
property in the construction or renovation of buildings, structures
or premises within the Village or the use or occupancy of buildings,
structures or premises and, in so doing, to comply with the provisions
of Article 18 of the Executive Law of the State of New York and all
appropriate codes, rules and regulations promulgated pursuant thereto.
|
"Therefore, the Village hereby adopts the New
York State Uniform Fire Prevention and Building Code in its entirety
except where the same is superseded by the provisions of Village of
Brightwaters ordinances, local laws or rules and regulations enacted
pursuant thereto."
|
A.
It shall be unlawful for any person, party, firm or
corporation to construct, alter, repair, move, equip, use or occupy
any building or structure or portion thereof in violation of any provision
of the New York State Uniform Fire Prevention and Building Code, or
any amendment hereafter made thereto, as well as any regulation or
rule promulgated by the Village Board, or to fail to comply with a
notice, order or directive of the Code Enforcement Officer or to construct,
alter, repair, move or equip any building or structure or part thereof
in a manner not permitted by an approved building permit.
B.
Upon determination by the Chief Code Enforcement Officer
that a violation of the New York State Uniform Fire Prevention and
Building Code or this chapter exists in, on or about any building,
structure or premises, the Chief Code Enforcement Officer shall order,
in writing, the remedying of the condition. Such order shall state
the specific provision of the New York State Uniform Fire Prevention
and Building Code or this chapter which the particular condition violates
and may grant such time as may be reasonably necessary for achieving
compliance before proceedings to compel compliance shall be instituted.
Such order shall be served personally or by sending it by registered
mail to the owner as shown in the records of the Village Assessor.
C.
Any person, party, firm or corporation who or which
fails to comply with a written notice or order of the Chief Code Enforcement
Officer within the time fixed therein and any owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or
their agents or any other person taking part or assisting in the construction,
alteration, repair, movement or equipping or use of any building who
shall violate this section or any provision of the New York State
Uniform Fire Prevention and Building Code or Village ordinance or
local law or any lawful notice, order, directive, permit or certificate
of the Chief Code Enforcement Officer shall be subject to such fine
as is established from time to time by the Village Board for each
day that the violation continues. Prior to the imposition of a fine,
a violator may be given a reasonable period of time to correct the
violation. If, after such time has elapsed, the violation still exists,
then such fine shall be imposed for each day the violation continues,
commencing from the day of the original notice.
D.
Any action or proceeding in the name of the Village
of Brightwaters may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provisions of the New York State Uniform Fire Prevention and
Building Code, Village ordinance or local law or any rule or regulation
relating thereto. Such remedy shall be in addition to any other penalties
prescribed by law.
[1]
Editor's Note: The preface of L.L. No. 2-1991,
which previously amended this section, read as follows:
A.
Whenever the Chief Code Enforcement Officer has reasonable
grounds to believe that work on any building or structure is proceeding
without a building permit issued pursuant to this chapter or is otherwise
in violation of the provisions of any applicable law, code, ordinance
or regulation or is not in conformity with any of the provisions of
the application, plans or specifications on the basis of which a permit
was issued or is being conducted in an unsafe and dangerous manner,
he shall notify either the owner of the property as shown in the records
of the Village Assessor or the owner's agent or the person, party,
firm or corporation performing the work to immediately suspend all
work. In such instance, any and all persons shall immediately suspend
all related activities until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form
prescribed by the Chief Code Enforcement Officer and shall state the
reasons of the stop-work order, together with the date of issuance.
The stop-work order shall bear the signature of the Chief Code Enforcement
Officer or that of an assistant and shall be prominently posted at
the work site.
C.
Penalties for violating a stop-work order.
(1)
Any person, party, firm or corporation who or which
fails to comply with a written stop-work order and any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent
or their agents or any other person taking part or assisting in the
construction, alteration, repair, movement or equipping or use of
any building in violation of a stop-work order shall be subject to
such fine as is established from time to time by the Village Board
for each day that the violation continues.
(2)
Any action or proceeding in the name of the Village
of Brightwaters may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of such stop-work order. Such remedy shall be in addition to any other
penalties prescribed by law.
[Amended 1-7-2013 by L.L. No. 1-2013]
A.
It shall be unlawful for any entity or individual to raze, remove
or demolish or to allow the removal or demolition of a building or
structure on behalf of the property owner without first obtaining
a permit or a copy of the permit issued by the Building Department.
A permit shall be issued only upon the satisfaction of all requirements
as imposed by the Building Department and upon payment of the required
fee. A renovation affecting more than 75% of a structure shall be
classified as a "substantial construction" or a "new structure" and
will require the issuance of a demolition permit. This permit shall
be displayed on site at all times during the demolition. A demolition
permit is valid for four months. An application to renew a demolition
permit shall be made prior to expiration of the existing permit.
[Amended 10-5-2015 by L.L. No. 4-2015]
B.
Any person found to have violated § 128-73 shall be guilty of a violation, which shall be punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both; each day's violation shall constitute a separate additional violation.
C.
The following must be submitted and accepted by the Village of Brightwaters
Highway Department prior to the issuance of a demolition permit:
(1)
A separate application for a demolition permit must be submitted
for each building to be demolished. If more than one building or structure
is to be demolished on the same premises, the separate demolition
and plumbing permits secured for each such building or structure must
satisfy all of the requirements required by such permits.
(2)
Application must be made by the owner or lessee, or agent of either,
or by the architect, engineer, builder, excavator or demolition company
employed in connection with the proposed work. Where such application
is made by a person other than the owner, it must 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)
A certificate of workers' compensation insurance, and of contractor's
liability insurance naming the Village of Brightwaters as an additional
insured thereon, and identifying the subject site.
(4)
A recent tax bill for the subject property.
(5)
Three updated surveys showing subject property prior to demolition,
with the building to be demolished shaded thereon and all utilities
and underground structures marked thereon.
(6)
An affidavit must be submitted by a certified and licensed asbestos
handler, including the license number thereof, to verify the absence
or presence of asbestos. In cases where asbestos or other hazardous
materials are found to exist, the demolition permit may not be issued
until the asbestos or other hazardous materials have been removed
and lawfully disposed of and a certification thereof by a licensed
asbestos removal firm has been filed with the Village of Brightwaters
Building Department.
(7)
A letter from the Long Island Power Authority and National Grid,
or its successors, indicating that all gas and electric services to
the building or structure to be demolished have been disconnected
or have not been installed.
(8)
A letter from either a private water company or the Suffolk County
Water Authority indicating that the water service in the premises
has been disconnected to the satisfaction of such water provider.
(9)
If the building or structure to be demolished is connected to a municipal
sewer, a Suffolk County sewer permit, a road-opening permit and a
Village of Brightwaters Plumbing Permit for the sewer disconnection
must be obtained and submitted with demolition application.
(10)
If the building or structure to be demolished is not connected
to a municipal sewer, a letter from the Suffolk County Health Department,
Suffolk County Department of Public Works, or the Southwest Sewer
District indicating that a sewer spur has never been installed at
the subject site, and an affidavit of the owner certifying that all
cesspools and septic tanks have been emptied and filled with clean
fill.
(11)
A voids affidavit certifying that all underground wells, basins,
cellars or other known voids will be filled with clean fill and that
every buried storage tank, including all connections thereto, will
be removed and the void filled with clean sand immediately upon completion
of demolition.
(12)
A Suffolk County Department of Health extermination certification,
which will expire 10 days after issuance.
D.
All of the foregoing requirements must be satisfied prior to the
issuance of a demolition permit. All applications for demolition permits
must be reviewed by the Village of Brightwaters Building, Plumbing
and Highway Departments. The person to whom the demolition permit
is issued must notify the Village of Brightwaters Building, Plumbing
and Highway Departments at least 48 hours in advance of the actual
scheduled start time of the demolition. Demolition is restricted to
Mondays through Fridays during normal construction hours.
E.
The demolition shall comply with Part 608, Sections 1, 2 and 3, of
the New York State Uniform Fire Prevention and Building Code. Once
demolition has commenced, debris shall be removed and all excavations
filled to within one foot of grade and approved by the Building Inspector
within 10 business days from that commencement date.
F.
The demolition permit fees for demolition of one-family dwellings,
other residential structures and commercial structures shall be determined
from time to time by the Board of Trustees.
[Added 5-2-2011 by L.L. No. 11-2011]
A.
A dangerous
structure is one having any or all of the following conditions:
(1)
A structure in which any walls or other structural load-bearing members
list, lean or buckle to such an extent that a plumb line, passing
from any overhead supporting member through the center of gravity
falls outside the middle third of its base; or
(2)
A structure in which, exclusive of its foundations, shows 33 1/3%
or more of deterioration of the supporting member or members, or 50%
or more damage to, or deterioration of, the nonsupporting, enclosing
or exterior walls or covering.
B.
The
removal of a dangerous structure requires a demolition permit.
[Added 10-5-2015 by L.L.
No. 6-2015]
A new structure shall be defined as and henceforth considered:
Any building constructed from a new foundation or a preexisting building
that has a certificate of occupancy of which the floor area is proposed
to be increased or altered by more than 75% of the existing floor
area. If an alteration constitutes greater than 75% of the existing
altered structure, a demolition permit is required.
All work performed under a permit issued by
the Code Enforcement Officer, signed by him or his authorized assistant,
shall conform to the approved applications, plans and approved amendments
thereof.
A permit shall expire one year after the date
of issuance. Upon payment of the proper fees,[1] a permit may be renewed, but not more than three renewals
may be granted.
[1]
Editor's Note: The current fee schedule is
available from the Village Clerk at the Village offices during regular
office hours.
The Code Enforcement Officer or his authorized
assistant may revoke a permit or approval issued under the provisions
of this chapter in case there has been any false statement or any
misrepresentation as to a material fact in the application or plans
on which the permit or approval was based or upon a check or draft
that has been returned for any reason.
Whenever, in the opinion of the Code Enforcement
Officer or his authorized assistant, by reason of defective or illegal
work in violation of a provision or a requirement of this chapter
or the New York State Uniform Fire Prevention and Building Code, the
continuance of a building operation is contrary to public welfare,
he may order, orally or in writing, all further work to be stopped,
and he may require suspension of the work until the condition in violation
has been remedied.
A.
No land shall be occupied or used and no building
or structure hereafter erected, enlarged, extended or altered shall
be so occupied or used, in whole or in part, until a certificate of
occupancy, certifying that such building conforms to the approved
plans and the requirements of this chapter and stating the purposes
for which the building or structure may be used in its several parts
and any special stipulations, shall have been issued by the Code Enforcement
Officer and signed by him or his authorized assistant. If the occupancy
or use of a building is not discontinued during the work or alteration,
the occupancy or use of the building or structure shall not be continued
for more than 30 days after completion of the alteration unless a
certificate shall have been issued.
B.
The owner or his agent must submit to the Code Enforcement
Officer an instrument survey map showing the true location of the
new building or additions in reference to all the property lines and
existing structures. The Code Enforcement Officer may waive this requirement
for minor additions.
No occupancy or use shall be made of land or
a building or structure that is not consistent with the last-issued
certificate of occupancy for such building or structure or use of
land unless a permit is secured. In case of an existing building or
structure, no change of occupancy that would be under some special
provision of this chapter shall be made unless the Code Enforcement
Officer, upon inspection, finds that such building conforms substantially
to the provisions of this chapter and the New York State Uniform Fire
Prevention and Building Code with respect to the proposed new occupancy
and use and issues a certificate of occupancy.
Upon request, the Code Enforcement Officer may
issue a temporary certificate of occupancy for a building or structure
or part thereof before the entire work covered by the permit shall
have been completed, provided that such portion or portions as have
been completed may be occupied safely without endangering life or
public welfare. A temporary certificate of occupancy shall remain
effective for a period not exceeding 30 days from the date of issuance.
For good cause, the Code Enforcement Officer may allow a maximum of
two extensions for periods not exceeding 30 days each.
A.
Certificates of compliance shall be used to indicate
conformance to this chapter and the New York State Uniform Fire Prevention
and Building Code for installations which require inspection but would
not be issued a certificate of occupancy. Such installations include
but are not limited to solid-fuel-burning heating appliances, plumbing
installations, other equipment installation and removal of underground
tanks and firesafety inspections.
B.
Certificates of compliance shall be issued by the
Code Enforcement Officer or Fire Marshal only after an inspection
which shows that the installation is in conformance with this chapter
and the New York State Uniform Fire Prevention and Building Code,
and the written approval of the Plumbing Inspector, if applicable.
[Amended 9-4-2007 by L.L. No. 9-2007]
C.
Certificates of compliance may be revoked when there
has been substantial and unauthorized change in conditions which renders
or may render the installation in nonconformance with this chapter
and the New York State Uniform Fire Prevention and Building Code.
An application to the Village Board of Trustees
or the Zoning Board of Appeals may result in the imposition of conditions
or restrictive covenants by deed or stipulation, and the owner or
tenant shall perform the obligations created thereby. The conditions
or restrictions so imposed shall be a continuing obligation requiring
that compliance therewith be continued during the duration of the
use of the building or structure pursuant to such application. The
failure to comply with any and all covenants, conditions or restrictions
so imposed shall be deemed a violation of this chapter, subject to
the penalties provided herein.
A.
The Chief Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by him
and code enforcement officers serving under him, including all applications
received, plans approved, permits and certificates issued, fees charged
and collected, inspection reports, all notices and orders issued and
all certificates of occupancy issued. All such reports shall be public
information open to public inspection during normal business hours.
B.
The Chief Code Enforcement Officer shall annually
submit to the Village Board a written report of all business conducted.
It is the intention of this chapter to effectuate
full compliance in the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code as enacted pursuant
to Article 18 of the New York State Executive Law and the codes, rules
and regulations thereunder enacted. In any event where any Village
ordinance or local law is deemed or found to prescribe standards less
than the minimum provided for in such state enactment, it shall be
deemed, for that purpose only, that the same is amended so that the
provisions thereof shall be the minimum standards provided by said
New York State Uniform Fire Prevention and Building Code.
This chapter shall be enforced by the Board
of Trustees.
[Amended 3-1-1993 by L.L. No. 1-1993; 6-7-1999 by L.L. No.
2-1999; 11-6-2006 by L.L. No. 6-2006]
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the occupant lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent or contractor, occupant, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in such violation or who maintains any building or premises in which any such violation shall exist shall, for each and every violation, be subject to a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Notwithstanding the foregoing, the first offense by any person who violates § 128-6A by using, or allowing to be used, a residential dwelling for more than a one-family occupancy, or § 128-6E by occupying, or allowing to be occupied, an accessory building for residence purposes, shall be a violation, as defined by the Penal Law of the State of New York and subject to a mandatory fine of $1,500 or imprisonment for a period not to exceed six months, or both. The second and any further similar offense of either § 128-6A or 128-6E by the same person shall be an unclassified misdemeanor, as defined by the Penal Law of the State of New York, and subject to a mandatory fine of $3,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation. Penalties for such violation shall be collected and violations shall be prosecuted in the manner prescribed by law or ordinance effective in the Village of Brightwaters.
[Added 1-3-2006 by L.L. No. 3-2006]
In all civil and criminal prosecutions brought
for the enforcement of this chapter in respect to nonpermitted occupancy
of a dwelling, the following provisions shall apply:
A.
There shall be a rebuttable presumption that any parcel containing more than one gas meter, or more than one electric meter, or more than one water meter, anywhere on the parcel, is being used as the residence of two or more families, unless a legal nonconforming use for a two-or-more-family use has been granted by the Board of Appeals pursuant to § 128-90C and/or a home occupation use has been granted by the Board of Trustees pursuant to § 128-6B and the additional meter services only the home occupation space.
B.
There shall be a rebuttable presumption that a dwelling,
required by this chapter to be occupied by only a single family, which
maintains any entrance(s) thereto which has not been set forth on
any plans approved by and on file with the Building Department is
being used as the residence of two or more families, except that this
provision shall not apply in the case of any entrance that was constructed
prior to the effective date of this chapter.
[Added 1-2-2007 by L.L. No. 1-2007]
No owner of any premises, or any licensed real estate agent, broker or salesperson on behalf of the owner of any premises, shall knowingly represent to any potential purchaser, tenant or the general public, either by use of the media or in person, that the premises being offered for sale or rent includes any occupancy or use prohibited by this chapter. A violation of this section is punishable under § 128-86 of this chapter, and each media publication or oral representation shall be a separate violation. A conviction under this section of any person or entity holding a real estate broker, agent or salesperson license issued by the Secretary of State of the State of New York shall be filed with the Secretary of State.
