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Village of Dering Harbor, NY
Suffolk County
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There is hereby created the position of Building Inspector. The Building Inspector shall be a public officer and may hold any other than an elected office in the Village. Subject to the approval of the Civil Service Commission or personnel officer having jurisdiction, the position shall be in the unclassified or exempt service.
There is hereby delegated to the Building Inspector the power and authority, and it shall be his duty, to enforce the provisions of this chapter and the regulations promulgated hereunder. It shall also be his duty to enforce the provisions of other laws and regulations having to do with the subject matter of this chapter.
Other than a building or structure lawfully in use, or enjoying a nonconforming use, at the time of the effective date of this chapter, no building or structure shall be erected, constructed, structurally altered or repaired, or used until a permit therefor has been issued by the Building Inspector.
[Amended 12-15-1984 by L.L. No. 3-1984; 10-19-1985 by L.L. No. 4-1985; 12-13-1986 by L.L. No. 5-1986]
A. 
Every application for a building permit shall be made upon a form issued or approved by the Building Inspector. Such application and the required accompanying plat and other plans and specifications shall contain all the information necessary to enable the Building Inspector to ascertain whether the proposed building complies with this chapter and other applicable laws or regulations.
B. 
No construction shall be undertaken until the building permit application has been approved by the Building Inspector, the Trustee having responsibility for buildings and grounds, and the Architectural Review Board.
No building permit shall be issued until the Building Inspector certifies, in writing, that the proposed building, structure, or use complies with the requirements of this chapter and any other applicable law or regulations.
[Amended 12-15-1984 by L.L. No. 3-1984; 11-16-1985 by L.L. No. 5-1985; 4-13-2019 by L.L. No. 1-2019]
Every application for a building permit or a certificate of occupancy/compliance shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution.
All building permits shall expire one year after issuance. An application may be made for renewal and the permit may be extended for an additional year, provided the original application complies with the requirements of this chapter and any applicable law or regulation at the time of the application for renewal, or is amended to comply therewith, upon the payment of 1/2 of the original fee.
A. 
Until a certificate of occupancy shall have been issued by the Building Inspector, it shall be unlawful and a violation of this chapter to use or permit the use of any premises, structure or building created, erected, constructed, altered, changed or converted after the effective date of this chapter.
B. 
A certificate of occupancy shall indicate and certify that such premises, structure or building, or part thereof, or the proposed use thereof, are in conformity with the provisions of this chapter.
C. 
Under such rules and regulations as may be enacted by the Board of Appeals, a temporary certificate of occupancy for a part of any building or premises may be issued by the Building Inspector.
D. 
Upon written request from the owner or occupant, the Building Inspector shall issue a certificate of occupancy for any existing lawful use or occupancy of a building or premises.
[Added 2-27-1993 by L.L. No. 1-1993; amended 4-13-2019 by L.L. No. 1-2019]
Unless a fee is otherwise expressly stated in this chapter, all applications made under this chapter, including, but not limited to, applications to the Planning Board, Board of Appeals, Architectural Review Board and Building Inspector, shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution. In addition, all applications shall be subject to the provisions of Chapter 88, Article I, Reimbursement of Consulting and Professional Fees, of the Code of the Village of Dering Harbor.
[Added 11-4-2000 by L.L. No. 2-2000]
A. 
Demolition permit requirement. No building, structure or portion of any building or structure shall be altered, demolished or removed until a permit for demolition, alteration or removal has been issued by the Building Inspector.
B. 
Demolition permit application.
(1) 
Every application for a demolition permit shall be made upon a form issued or approved by the Building Inspector. Such application must be accompanied by any information necessary to such application. Any demolition required for alteration or reconstruction or new construction that requires a building permit shall also require a demolition permit.
(2) 
No demolition or removal shall be undertaken until the demolition permit has been approved by the Building Inspector, in writing, with notice to the Board of Trustees of such approval.
(3) 
No demolition or removal shall be undertaken without full and proper notice to all adjoining property owners and any property owners within 250 feet of the property, even if across a paved roadway, where the demolition, removal or alteration will take place. "Proper notice" shall be defined as written notice to property owner at the primary address listed on file with the Village Clerk for the purposes of tax receivership. "Proper notice" is further defined as 10 business days prior to the date of the proposed demolition, removal or alteration. Proof of service of such notices shall be submitted to the Building Inspector before the permit is released to the applicant and the commencement of the demolition. Such proof shall be in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices.
[Amended 7-9-2022 by L.L. No. 3-2022]
C. 
Demolition permit fee. Every application for a demolition permit shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution.
[Amended 4-13-2019 by L.L. No. 1-2019]
D. 
Architectural Review Board approval required. Prior to the issuance of a demolition permit, the Building Inspector shall refer the application to the Architectural Review Board for its approval or disapproval in accordance with the provisions of Article X of this chapter.
[Added 7-9-2022 by L.L. No. 3-2022]