Village of Pomona, NY Administration and Enforcement

This chapter shall be enforced by a Building Inspector and one or more Assistant Building Inspectors, Code Enforcement Officers or Fire Inspectors as the Mayor and Board of Trustees may appoint and deem necessary, hereinafter collectively referred to as the "Building Inspector." It shall be the duty of the Building Inspector and he shall be empowered to:

(1)

Administer and enforce all of the provisions of laws, rules and regulations that apply to the construction, alteration, repair, removal and demolition of buildings and structures, the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof, and the use and occupancy of land.

(2)

Inspect any building, structure or land to determine whether any violation of this chapter, the New York State Fire Prevention and Building Code, including Section 1203 et seq. of such code, or any such other laws, rules and regulations as the Building Inspector shall be chargeable with inspection and/or enforcement of, has been committed or exist, whether or not such building, structure or land is occupied and whether or not a certificate of occupancy has been issued.

(3)

Issue permits and certificates in conformity with the laws, rules and regulations of the State of New York and of this chapter and refuse to issue same in the event of noncompliance, which reason for such refusal shall be endorsed on the application and notice thereof given to the applicant.

(4)

Keep the Board of Trustees advised of all matters pertaining to the enforcement of this Chapter and the aforesaid laws, rules and regulations.

(5)

Make and keep all records appropriate to the office including the issuance and denial of building permits, certificates of occupancy and/or uses, of formal complaints of violation and the action taken thereon, and keep a record of all permits and certificates of occupancy issued, which shall be available for public inspection pursuant to the Freedom of Information Law.

(6)

Issue and post notices of violation, stop-work orders, orders directing the remedying of any condition or omission that is or creates a violation of this or other applicable law, rule or regulation, and revoke building permits, certificates of occupancy and certificates of use.

(7)

Make such inspections and reports as shall be appropriate in carrying out his/her duties and responsibilities.

(8)

Have the power, right and authority to issue appearance tickets, as the same are defined in Article 150 of the Criminal Procedure Law of the State of New York for the violation of any provision of this chapter, the New York State Fire Prevention and Building Code or any order issued by the Building Inspector.

The New York State Fire Prevention and Building Code, including Section 1203 et seq. of said Code is hereby adopted and recognized as the official Building Construction Code of the Village for purposes set forth therein and as it may be amended from time to time. The provisions of said Code are incorporated by reference herein as if fully set forth in the Village Code. Violations of said Code are punishable in the same manner as violations of this chapter of the Village Code.

No building permit, certificate of occupancy or certificate of use shall be issued unless the proposed construction or use is in conformance with all the provisions of this chapter and other applicable laws.

Any person who shall violate any order of the Building Inspector shall be deemed to have violated this chapter.

A building permit is required for:

(1)

The construction, reconstruction, alteration, moving, demolition, structural alteration or change in the use of a building or structure or any part thereof or change in the nature, use or occupancy of a building or structure.

(2)

Any change in the bulk of a building, structure or nonbuilding use, but not including ordinary repairs which are not structural in nature.

Application procedure:

(1)

Application for a building permit shall be made on forms provided by the Building Inspector and shall contain, at a minimum, the following information and be accompanied by the following documents and such other information as shall be required by the Building Inspector:

(a)

A description of the land on which the proposed work is to be done, including tax lot number and street address;

(b)

A statement of the use or occupancy of all parts of the land and of the building and/or structure;

(c)

The valuation of the proposed work;

(d)

The full name and address of the owner and of the applicant, including the names and addresses of each officer and director of any corporation, limited liability corporation or partnership;

(e)

A description of the proposed work;

(f)

Each application for a building permit shall be accompanied by two copies of the plans and specifications, including plot plans, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials used and distance from lot lines and, where appropriate, details of structural, mechanical and electrical work, including computations, stress diagrams and other technical data. Such plans and specifications shall include, on the plot plan, the proposed location of all underground facilities, including gas and electric service, sewer lines, drainage system (including routing of drainage from roof leaders and footing drains), waterlines, sprinkler lines, telephone lines, etc. The building plans shall include plans for mechanical services including gas, electric, water, sewer, heating and air conditioning and generator, if appropriate; and

(g)

Plans and specifications shall bear the signature of the person responsible for the design and drawings, and, if construction is over $10,000 in value, the architect's or engineer's signature, seal and New York State license number.

(2)

Application shall be made by the owner or lessee of the subject property or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where the 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)

Any amendment to the application or to the plans and specifications accompanying the application must be filed and approved by the Building Inspector prior to commencement of the amended work, and such amendments shall comply with the provisions of this Chapter and the New York State Fire Prevention and Building Code. The refusal of an amendment by the Building Inspector shall be in writing, setting forth the reason therefor.

(4)

Every application for a building permit shall be accompanied by payment of a fee in accordance with the Village Fee Schedule.

(5)

The Building Inspector shall examine or cause to be examined all applications for building permits and the plans, specifications and documents filed therewith. The Building Inspector shall approve or disapprove the application within 30 days from the receipt of the completed application accompanied by all appropriate documents and fees.

(6)

If the application is approved, the Building Inspector shall issue a permit upon the prescribed form and shall affix his/her signature or cause his/her signature to be affixed thereto and mark the application, plans and specifications "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 sent to the applicant, together with the building permit, and shall be kept on the building site and open to inspection at all reasonable times.

(7)

If the application is disapproved by the Building Inspector, the application, plans and specifications shall be marked "Disapproved" with the reason therefor. One copy shall be retained in the files of the Building Inspector and the other set shall be returned to the applicant.

Expiration of permit. Every building permit shall expire at the end of one year from the date issued. If construction has not been completed within the one-year period, the Building Inspector may, in his discretion and for good cause shown, extend the permit for a period not to exceed one year, upon payment of one half the original permit fee. Failure to complete the work within the time prescribed shall require that a new building permit application be filed together with a new fee and a new permit issued before any work may commence or continue.

Insurance. In the event any application for a building permit provides for construction or other activity involving operation of equipment, personnel or placement of materials which may hazard a public street, way, easement or public property, prior to the issuance of such building permit, the applicant shall present evidence of liability insurance, naming the Village as additional insured, in the amount of $1,000,000 per person and $3,000,000 per occurrence, in a form acceptable to the Village Attorney. Where, after a building permit has been issued without such insurance, it shall appear that such hazards are present, the Building Inspector may, on due notice, require such insurance and may suspend activity at the property pending receipt of the required liability policy.

Revocation of building permit. The Building Inspector may revoke a building permit in any one of the following circumstances:

(1)

There has been a false statement or misrepresentation of material fact in the application, plans, specifications or other accompanying documents upon which the building permit was based;

(2)

The building permit was issued in error and should not have been issued in accordance with applicable laws;

(3)

The holder of the permit has failed to meet the requirements of an approved site development plan, subdivision plat, special permit, conditional use permit, variance, zone change or other permit or approval;

(4)

The work being performed under the permit is not in accordance with the approved application, plans, specifications or permit;

(5)

The holder of the permit has failed or refused to comply with a stop-work order issued by the Building Inspector.

Stop-work orders. Whenever the Building Inspector shall determine that work on any building or structure is being or has been conducted in violation of any provision of this chapter, the New York State Fire Prevention and Building Code, state, federal, county or Village laws, rules or regulations or has failed to meet or violates any requirement of an approved site plan or subdivision plat, including, but not limited to, the required drainage, grade or elevation plans, sewer or septic plans, approved road profile plans and such other plans or specifications upon which a building permit was issued, or that the work is being conducted in a dangerous or unsafe manner, then the Building Inspector shall notify the owner of the property or the owner's agent, and the person performing the work, to suspend and halt work. Such direction by the Building Inspector of a stop-work order shall be in writing and delivered to the owner or the owner's agent and the person performing the work and shall be affixed to any part of the structure on which the work is being performed. Such stop-work order shall state the reasons therefor and the conditions under which the work may be resumed. Should work continue in violation of the stop-work order, the Building Inspector may, without further notice, revoke the building permit and, if there is a certificate of occupancy or use, revoke the same.

Certificate of occupancy and/or use. Except for buildings constructed prior to February 5, 1930, no building or structure or portion thereof shall be used or occupied in whole or in part unless or until a certificate of occupancy or certificate of use, as appropriate, shall have been issued by the Building Inspector of the Village or Town, as the case may be, and only in conformity with said certificate. No change shall be made in the use or occupancy of a building or structure nor change in the use of land unless a certificate of occupancy authorizing the change of use has been issued. Continued use or occupancy of the building, structure and land shall be in conformance with the issued certificate of occupancy or use.

(1)

The owner of the property or his/her agent shall make application for a certificate of occupancy or use, as the case may be. Accompanying the application and before issuance of the certificate, there shall be filed with the Building Inspector the following:

(a)

A complete set of as-built drawings showing the as-built locations of all underground facilities and interior mechanical services. These drawings shall be signed and sealed by a New York State licensed architect or engineer;

(b)

An affidavit of the owner or the licensed architect or engineer who supervised construction of the work or of the superintendent of construction who supervised the work that he/she has reviewed the approved plans for the building or structure for which the certificate of occupancy is sought and that the building or structure has been constructed in accordance with the approved plans and that the building or structure complies with this chapter, the New York State Fire Prevention and Building Code and all laws governing building construction, including any approved site plan or subdivision plat, and the rules and regulations pertaining thereto.

(2)

Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of approvals or disapprovals of work performed. Every certificate of occupancy for a use for which a special permit or variance has been granted shall contain a detailed statement of such special permit or variance and of the conditions to which the same is subject.

(3)

Every application for a certificate of occupancy shall be accompanied by payment of a fee in accordance with the Village fee schedule.

(4)

If the Building Inspector determines that the work performed was made in accordance with the approved building permit, plans, specifications, laws, rules and regulations, and that all fees and charges relating to the property have been paid, he/she shall issue a certificate of occupancy or use, as the case may be. If the Building Inspector disapproves the work, he/she shall deny the certificate of occupancy or use and set forth the reasons therefor in writing.

Revocation of certificate of occupancy or use. A certificate of occupancy or use shall be deemed to authorize, and is required for, both initial and continued occupancy and use of a building or structure and land to which it applies and shall continue in effect so long as such building, structure or land is used for the use authorized in the certificate of occupancy or use. The Building Inspector may revoke said certificate of occupancy or use if he/she determines that the use or occupancy violates any of the reasons for which the certificate was issued.

Deposit of escrow.

(1)

In the event of unusual and extraordinary circumstances, such as weather conditions, which make certain site improvements such as paving of driveways or planting of vegetation prior to the issuance of a certificate of occupancy impossible or impractical, the Building Inspector may require that an escrow be posted to insure the completion of all such improvements. In such case, an amount equal to two times the estimated cost of completion of all items to be completed shall be deposited by the applicant with the Village and a date for completion of all items shall be determined. Prior to, and as a condition for the issuance of a certificate of occupancy hereunder, the homeowner and the applicant shall agree in writing to such issuance and to the timetable established by the Building Inspector.

(2)

In the event that the site work for which the escrow has been posted is not complete to the satisfaction of the Building Inspector or the Village Engineer within the time specified as set forth above, the Village shall have the right, but not the obligation, to use the escrow for completion of such work. In the event the cost of completion of said work exceeds the escrow deposit held by the Village, the owner of the property shall reimburse the Village for all costs plus administration costs incurred by the Village for the completion of such work.