This chapter shall be enforced by a Building Inspector and one
or more Assistant Building Inspectors, Code Enforcement Officers or
Fire Inspectors, as the Village Board may appoint and deem necessary,
hereinafter collectively referred to throughout this chapter as the
"Building Inspector." It shall be the duty of the Building Inspector
and he is hereby empowered to:
A.
Inspect any building, structure or land to determine whether any
violation of this chapter, New York State Uniform Fire Prevention
and Building Code, or successor standards adopted by New York State,
or such other laws, rules and regulations as the Building Inspector
shall be chargeable with inspection or enforcement of, has been committed
or exists, whether or not such building, structure or land is occupied,
whether such occupancy is in conformity with all of the applicable
laws, rules and regulations, whether or not a certificate of occupancy
or use has been issued, whether or not occupancy is in conformity
with the aforesaid certificates or such other certificates as the
Building Inspector shall issue; and otherwise generally inspect and
enforce all of the laws, rules and regulations relating to or affecting
lots, buildings or structures and their use and occupancy and have
all the powers provided for under New York State law, including but
not limited to §§ 7-714 and 20-2006 of the Village
Law.
B.
Issue such 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 the same in the event of noncompliance, which
reason therefor shall be endorsed on the application and notice thereof
given to the applicant, as is provided in this chapter.
C.
Keep the Village Board advised of all matters as the Village Board
shall determine relating to the enforcement of this chapter and the
appropriate laws, rules and regulations; make and keep all records
necessary and 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 on the same;
and keep a record of all permits, certificates of occupancy and use
issued that shall be available for public inspection.
D.
Issue and post notices of violations, stop orders, orders directing
the remedying of any condition or omission that is or creates a violation
of this chapter or other applicable laws, rules and regulations and
revoke building permits, certificates of occupancy and certificates
of use.
E.
Make such inspections and reports as shall be required by the Village
Board for the enforcement, amendment or addition to this chapter or
of any other applicable rules and regulations.
F.
Apply to the Village Board for authorization to perform such other
actions or duties as may be necessary or required to enforce any authority
or to invoke any penalty for the violation of this chapter and any
other applicable rules and regulations.
G.
Have the power, right and authority to issue an appearance ticket,
as the same is defined in Article 150 of the Criminal Procedure Law
of the State of New York for the violation of any section of this
chapter or for any order of the Building Inspector.
The New York State Uniform Fire Prevention and Building Code,
or successor standards adopted by New York State, is hereby adopted
and recognized as the official Building Construction Code of the Village
for the purposes set forth therein and as it may be amended from time
to time.
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,
issued under this chapter, shall be deemed to have violated this chapter.
A building permit is required for:
A.
Application for a building permit shall be made to, on forms provided
by, the Building Inspector, and shall contain the following information
and shall be accompanied with the following documents and material
as may be required by the Building Inspector:
(1)
Each application shall contain the following information:
(a)
A description agreeing with the Tax Map of the Village of Airmont
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,
including the names and addresses of each officer and director of
any corporation as is deemed necessary.
(e)
A brief description of the nature of the proposed work.
(2)
Each application for a building permit shall be accompanied
by plans and specifications, including plot plans as required 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 to be incorporated,
distance from plot lines, 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 technical data. Plans and specifications
shall bear the signature of the person responsible for the design
and drawings and, if construction is over $20,000 in value, the architect's
or engineer's signature and New York State license number.
(3)
Application shall be made by the owner or lessee, or agent of
either, 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 or applicant that the proposed work is authorized by the owner
and that the applicant is authorized to make such application.
(4)
Any amendment to the application or to the plans and specifications
accompanying the same must be filed and approved by the Building Inspector
prior to the completion of the work, and such amendments shall comply
with the provisions of this chapter. The refusal of such an amendment
by the Building Inspector shall be in writing.
(5)
Every application for a building permit pursuant to this chapter
shall be accompanied by payment of a fee in accordance with the Standard
Schedule of Fees.
B.
The Building Inspector shall examine or cause to be examined all
applications for permits and the plans, specifications and documents
filed therewith. In the event an application seeks approval: 1) to
increase the building footprint by 25% or more; 2) to increase the
impervious areas on a site by 25% or more; 3) that otherwise, in the
opinion of the Building Inspector, requires engineering input for
stormwater management issues; 4) to construct a retaining wall three
feet above grade or taller; 5) for lot regrading that, in the opinion
of the Building Inspector, may affect existing drainage patterns;
6) for construction or renovation of an in-ground swimming pool; or
7) for grading permits and/or soil importation, the Building Inspector
may request that the Village Engineer review the application. The
applicant shall be responsible to reimburse the Village for the actual
fees incurred as a result of such engineering review pursuant to the
fee schedule set forth in Village Code § 106-6.The Building
Inspector shall approve or disapprove of the application within one
month from the receipt of the completed application accompanied by
all appropriate documents and fees.
[Amended 11-4-2019 by L.L. No. 2-2019]
(1)
Upon approval of the application, the Building Inspector shall
issue a permit upon the prescribed form and shall affix his signature
or cause his signature to be affixed thereto and endorse the plans
and specifications to show approval.
(2)
If the application is disapproved by the Building Inspector, the Building Inspector shall return the plans and specifications to the applicant and otherwise comply with § 210-139 of this article and file each disapproval in the office of the Building Inspector.
(3)
One set of such approved plans and specifications shall be retained
in the files of the Building Inspector for such time as shall be mandated
by state law, but not less than two years. The applicant shall, at
all times, keep one set of the approved plans and specifications,
together with the building permit, at the building site and open to
inspection by the Building Inspector at all reasonable times.
B.
If construction has been commenced within six months from the date
of issuance of the building permit but has not been completed, the
holder of the permit may apply to the Building Inspector for an extension
not to exceed six months upon the payment of 25% of the original building
permit fee.
[Amended 1-3-2023 by L.L. No. 1-2023]
C.
If construction has not commenced within six months of approval and
no extension was requested, the holder of the permit may apply for
a new building permit.
[Amended 1-3-2023 by L.L. No. 1-2023]
D.
Failure to complete the work within the time prescribed shall require
that a new building permit application be filed and a new permit issued
before any work may commence or continue.
The Building Inspector may revoke a building permit issued in
any one of the following circumstances:
A.
There has been a false statement or misrepresentation as to a material
fact in the application, plans, specifications or other accompanying
documents upon which the building permit was based.
B.
The building permit was issued in error and should not have been
issued in accordance with the applicable laws.
C.
The holder or the applicant has failed to meet the requirements of
an approved site development plan, subdivision plat, special permit
use, variance, zone change or other permit or approval.
D.
The work being performed under the permit is not in accordance with
the provisions of the application, the permit, the plans or specifications.
Whenever the Building Inspector shall determine that work on
any building or structure is being or has been conducted in violation
of any of the provisions of the Uniform Fire Prevention and Building
Code, or successor standards adopted by New York State, or 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 and septic plans, approved road profile plans
and such other plans or specifications upon which a building permit
was issued, or that any 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, or the person performing the
work, to suspend and halt work. Such direction by the Building Inspector
(a stop-work order) shall be in writing and delivered to the owner,
or the owner's agent, or the person performing the work or affixed
to any part of said structure. 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.
A.
Except for buildings constructed prior to February 5, 1930, no building
shall be used or occupied in whole or in part unless or until a certificate
of use or a certificate of occupancy, as appropriate, shall have been
issued by the Building Inspector of the Village or Town, as the case
may be, and then only in conformity with said certificate(s).
B.
Partial and/or temporary certificate of occupancy or use. A partial
and/or temporary certificate of occupancy or use for periods of 90
days, but not more than one year in the aggregate, for a building,
structure or part thereof may be issued before the entire work shall
have been completed; provided, nonetheless, that such portion or portions
for which the certificate is issued may be occupied safely. The Building
Inspector shall require a cash deposit or an irrevocable letter of
credit drawn on a bank and in a form satisfactory to the Village Attorney
to ensure and guarantee the completion of the structure. The Building
Inspector shall determine the sum of said cash or letter of credit.
C.
No change shall be made in the use or occupancy of a building or
structure unless a certificate of occupancy authorizing the change
of use shall have been issued. A change in use shall include, but
not be limited to, a change in or of the type, class, nature or scope
of the goods, services or operation.
A.
A certificate of occupancy shall be deemed to authorize and is required
for both initial and continued occupancy and use of the building or
land to which it applies for the purposes therein stated.
B.
Before issuing a certificate:
(1)
The owner or his agent shall make application for a certificate
of occupancy. Accompanying this application and before the issuance
of a certificate of occupancy, there shall be filed with the Building
Inspector an affidavit of the registered architect or licensed professional
engineer who filed the original plans, or of the registered architect
or licensed professional engineer who supervised the construction
of the work. This affidavit shall state that the deponent has examined
the approved plans of the structure for which a certificate of occupancy
is sought, that the structure has been erected in accordance with
approved plans and as erected complies with this chapter and these
regulations and the requirements of any approved subdivision plat
or site plan except insofar as variations therefrom have been legally
authorized. Such variations shall be specified in the affidavit.
(2)
The Building Inspector shall examine or cause to be examined
all buildings, structures and sites for which the application has
been filed.
C.
If the Building Inspector shall determine that the improvement, construction,
etc., was made in conformity with the building permit and any other
applicable rules and regulations, the Building Inspector shall issue
a certificate of occupancy or use as the case may be.
If after the issuance of a certificate of occupancy or use, the Building Inspector shall determine that there has been a violation of the preceding section or that there has been a violation or set of circumstances which would authorize the revocation of a building permit pursuant to § 210-146 or 210-147 of this article, the Building Inspector may revoke the certificate of occupancy or use that had been issued.
The Building Inspector or his authorized agent, upon the showing
of proper credentials and in the discharge of his duties, may enter
upon any land or building or structure at any reasonable hour, subject
to all applicable laws.
A.
Any person found guilty of a violation of any provision of this chapter
shall be punished by a fine of up to $2,500. Any person found guilty
of a second offense of any provision of this chapter within 18 months
of the date of the first conviction shall be punished by a fine of
not less than $2,500 and not more than $5,000. Any person found guilty
of a third offense of any provision of this chapter within 18 months
of the date of the second conviction shall be punished by a fine of
not less than $7,500 and not more than $10,000. Any person found guilty
of a fourth or subsequent offense of any provision of this chapter
within 18 months of the date of the third conviction shall be punished
by a fine of not less than $10,000 and not more than $15,000.
B.
The continuation of an offense against the provisions of this chapter
shall constitute, for each week the offense is continued, a separate
and distinct offense hereunder.
C.
Failure to comply with the direction of any official of the Village
of Clarkstown when notice has been provided in accordance wan § 216-6
shall constitute a separate and distinct offense hereunder.
Nothing contained herein shall be deemed to limit or prevent
prosecution pursuant to the laws of the State of New York.
Whenever the Building Inspector shall approve or disapprove,
act or fail to act or otherwise perform any of his duties and shall
render a decision thereon, such decision shall be reviewable by appeal
to the Zoning Board of Appeals from the Building Inspector's decision.
Such appeal shall be taken not more than 60 days after the filing
of the decision of the Building Inspector in the office of the Building
Inspector.
