The person responsible for the construction, alteration, repair,
demolition, relocation, use or occupancy of a building or structure
and the owner of the property on which a building or structure is
located shall abate any violation of any provisions of this chapter
or of any detailed statement or drawing approved hereunder or of any
order, permit or certificate issued under the provisions of this chapter
within the time specified in a written notice from the Building Inspector.
Such notice shall direct the discontinuance of the illegal action
or condition and the abatement of the violation. Unless the violation
is abated within said period, the Building Inspector shall issue a
stop-work order and may issue an appearance ticket for such building
or structure.
A.
Content of stop-work orders. Stop-work orders shall:
B.
Service of stop-work orders. The Building Inspector 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. The Building Inspector
shall be permitted but not required to cause a 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 the work affected by the
stop-work order, personally or by certified mail; provided, however,
that failure to serve any person mentioned in this subsection shall
not affect the efficacy of the stop-work order.
C.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by the Building Inspector to
correct the reason for issuing the stop-work order.
A.
The Building Inspector is authorized to order in writing the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy
Code, or the Village Code.
B.
A notice of violation shall be in writing; shall be dated and signed
by the Building Inspector, or his or her designee; shall specify the
condition or activity that violates the Uniform Code, the Energy Code,
or the Village Code; and shall specify the provision or provisions
of the Uniform Code, the Energy Code, or the Village Code which is/are
violated by the specified condition or activity.
C.
A notice of violation shall include a statement substantially similar
to the following: "The person or entity served with this Notice of
Violation must completely remedy each violation described in this
Notice of Violation by _____ [specific date], which is 30 days after
the date of this Notice of Violation."
D.
The notice of violation may include provisions ordering the person
or entity served with such notice to:
(1)
Begin to remedy the violations described in the notice of violation
immediately, or within some other specified period of time which may
be less than 30 days;
(2)
Continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such notice of violation;
and/or
(3)
Take such other protective actions (such as vacating the building
or barricading the area where the violations exist) which are authorized
by this chapter or by any other applicable statute, regulation, rule,
local law or ordinance, and which the Building Inspector may deem
appropriate, during the period while such violations are being remedied.
E.
The Building Inspector shall cause the notice of violation, or a
copy thereof, to be served on the owner of the affected property personally,
or by certified mail, return receipt requested, and by ordinary mail
within five days after the date of the notice of violation. The Building
Inspector shall be permitted, but not required, to cause the notice
of violation, 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
being performed at the affected property personally or by registered
mail or certified mail within five days after the date of the notice
of violation; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the notice
of violation.
A.
If the notice of violation is not complied with, the Building Inspector
shall institute the appropriate proceedings at law or in equity to
restrain, correct or abate such violation and to require the removal
or termination of the unlawful condition or use of the building or
structure.
B.
If the Building Inspector determines that the person responsible
for any violation is a repeat offender or the violation is of such
a nature that a notice to correct or abate is not in order, the appropriate
proceedings at law may be applied.
A.
Every person who shall violate any provision of this chapter may
be subject to a court appearance ticket and may be subject to a monetary
penalty as established by resolution of the Board of Trustees for
each such violation. Each and every day that such violation continues
shall constitute a separate offense.
B.
The penalty provision contained in § 382 of the Executive
Law of the State of New York shall apply to all violations of this
chapter. Fines of not more than $1,000 per day of violation or imprisonment
not exceeding one year, or both, which are provided for in § 382
of the Executive Law, are incorporated herein in connection with such
violations. Notwithstanding the foregoing, where a building has been
altered in violation of any provision of the Uniform Code or any lawful
order obtained thereunder, and such alteration impedes a person's
egress form such building during a fire or other emergency evacuation,
the owner of such building who has knowledge of such alteration or
should have had knowledge of such alteration shall be subject to a
civil penalty of up to $7,500.
The imposition of the penalties herein prescribed shall not
preclude the taking of any appropriate action 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 stop
an illegal act, disorderly conduct, business or use of a building,
structure or premises.
When work is being done in violation of or contrary to the requirements
of this chapter, the Building Inspector may, within his/her discretion,
order the suspension of all work until the violation has been corrected.
