[Amended 10-17-1983 by L.L. No. 1-1983]
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of applicable building laws, codes or regulations,
the Building Inspector may require the same to be subjected to tests
in order to furnish proof of such compliance. The person performing
the work shall bear the cost of such tests.
[Added 10-16-2019 by L.L.
No. 4-2019]
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Building systems, including underground and rough-in;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid-fuel-burning heating appliances, chimneys, flues or gas
vents;
(9)
Energy Code compliance; and
(10)
A final inspection after all work authorized by the building
permit has been completed.
C.
Inspection results. After inspection, the work, or a portion thereof,
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to where the work fails to comply with the Uniform
Code or Energy Code. Work not in compliance with any applicable provision
of the Uniform Code or Energy Code shall remain exposed until such
work shall have been brought into compliance with all applicable provisions
of the Uniform Code and the Energy Code, reinspected, and found satisfactory
as completed.
D.
Fee. Inspection fees shall be as determined by the Board of Trustees
by resolution from time to time.
E.
Tests of compliance. Whenever there are reasonable grounds to believe
that any material, construction, equipment, or assembly does not comply
with the requirements of the applicable building laws, ordinances
and regulations, the Code Enforcement Officer may require the same
to be subjected to tests, at applicant's expense, in order to furnish
proof of such compliance.
F.
Supervision of construction.
(1)
No building which is to have a total floor area in excess of
500 square feet shall be constructed except under the supervision
of a professional engineer or architect licensed or registered in
the State of New York. An affidavit shall be signed and sworn to by
the engineer or architect who will supervise the construction of such
building and shall have such person's professional seal attached.
If such engineer or architect shall for any reason discontinue supervision
of the construction at any time prior to completion, the engineer
or architect shall notify the Code Enforcement Officer of such fact
immediately, and upon such notice, the building permit issued for
such construction shall be suspended, and no further work shall be
done pursuant thereto until another such affidavit has been filed
with the Code Enforcement Officer certifying that supervision of the
construction has been undertaken by another, or the same, qualified
engineer or architect.
(2)
No certificate of occupancy will be issued for a building having
a total floor area in excess of 500 square feet until a final certificate
is filed with the Code Enforcement Officer by an engineer or architect
who supervised the construction that the building was in fact erected
in conformity with the plans theretofore filed with the Code Enforcement
Officer.
(3)
"Supervision" shall include periodic inspections to verify compliance
with the approved plan and all applicable laws, including the Uniform
Code.
[Added 10-16-2019 by L.L.
No. 4-2019]
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an Inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
Fire safety and property maintenance inspections of buildings
or structures that contain an area of public assembly shall be performed
at least once every 12 months.
(2)
Fire safety and property maintenance inspections of buildings
or structures being occupied as dormitories shall be performed at
least once every 12 months.
(3)
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 12 months.
B.
Inspections permitted. In addition to the inspections provided in Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner, receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist, or receipt by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection or Subsection A shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
[Amended 10-16-2019 by L.L. No. 4-2019]
A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, without regard to whether such work is or is not work for which
a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail, return receipt
requested, or in any other manner authorized by law. The Code Enforcement
Officer shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail,
return receipt requested; provided, however, that failure to serve
any person mentioned this sentence shall not affect the efficacy of
the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order in any manner provided in Subsection C, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work and having notice of the stop-work order shall immediately cease all work which is the subject of the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty in this chapter or under any other provision of the Village Code or state law. Any such other remedy or penalty may (subject to any other limitations period) be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
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 provisions 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 person who shall fail to comply with a notice of order of the Building Inspector within the time fixed for compliance therewith, or who shall knowingly violate any of the applicable provisions of this chapter or any permit issued thereunder, or who shall operate in violation of any condition of a special permit issued pursuant to a decision of the Zoning Board of Appeals or operate in a manner other than as permitted by such special permit, shall be guilty of a violation of this Code. Each day that the violation is permitted to exist or on which the violation shall occur, after service of notice of the violation, shall constitute a separate offense in accordance with the provisions of § 2-6 of this Code.[1]
[Amended 6-1-1987 by L.L. No. 3-1987]
C.
Any person who, having been served with a notice of
violation under this chapter, shall fail to comply with said notice
within such time as is specified therein or who shall continue to
violate any requirement of this chapter in the respect named in said
notice shall be deemed to have committed a violation of this Code.
Each day that the violation is permitted to exist after the service
of such notice shall constitute a separate offense.
D.
Any person committing a violation of any provision
of this chapter or of the Uniform Code or any rule or regulation adopted
pursuant to this chapter or the Uniform Code or any restriction or
condition contained in a permit issued pursuant to this chapter or
the Uniform Code shall be punished as provided in the general penalty
provisions of the Code of the Village of Sea Cliff, and not pursuant
to the Executive Law of the State of New York.
[Amended 8-22-1994 by L.L. No. 3-1994]
[Added 10-16-2019 by L.L.
No. 4-2019]
The Code Enforcement Officer shall review and investigate complaints
that allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, or any other
provision of the Village Code or any other law or regulation adopted
for administration and enforcement of the Uniform Code or the Energy
Code. The process for responding to a complaint shall include such
of the following steps as the Code Enforcement Officer may deem to
be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection.
B.
If a violation is found to exist, providing the owner of the affected
property and any other person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation, or otherwise proceeding in a manner described
in this chapter.
C.
If appropriate, issuing a stop-work order.
D.
If a violation that is found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
Issuance. All notices of violation of any of the provisions
of the Uniform Code or of this chapter and all notices required or
authorized thereunder directing anything to be done shall be issued
by the Code Enforcement Officer.
[Amended 8-22-1994 by L.L. No. 3-1994; 10-16-2019 by L.L.
No. 4-2019]
B.
Contents. Each such notice shall contain a brief description
of the alleged violation.
Appropriate actions and proceedings may be taken
by the Village 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. Such remedies
shall be in addition to the penalties prescribed in the preceding
section.
