[Adopted as Ch. 13, Art. II, of the 1972
Code]
There is hereby designated in the Town of Carmel
a public official to be known as the "Building Inspector," who shall
be appointed by the Town Board at a compensation to be fixed by it.
The Town Board may appoint one or more inspectors,
as the need may appear, to act under the supervision of the Building
Inspector and to exercise any portion of his powers and duties. The
compensation of such Building Inspectors shall be fixed by the Town
Board.
In the absence of the Building Inspector or
in the case of his inability to act for any reason, the Supervisor
shall have the power, with the consent of the Town Board, to designate
a person to act in his behalf and to exercise all of the powers conferred
upon him by this article.
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all of the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures
and the installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof.
B.
He shall receive applications and issue permits for
the erection, alteration, removal and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of ensuring compliance with laws, ordinances and regulations governing
building construction.
C.
He shall issue all appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties, except that he may accept
written reports of inspection from generally recognized and authoritative
service and inspection bureaus, provided that the same are certified
by a responsible official thereof.
D.
Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies.
A.
The Building Inspector shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records open to public inspection during
business hours.
B.
The Building Inspector shall monthly submit to the
Town Board a written report and summary of all business conducted
by the Building Inspector, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of the Police, Fire and Health Departments
or officers and of all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, removal, improvement,
conversion or change in the nature of the occupancy of any building
or structure or cause the same to be done without first obtaining
a separate building permit from the Building Inspector for each such
building or structure; except that no building permit shall be required
for the performance of ordinary repairs which are not structural in
nature.
B.
Applications for permits.
(1)
Application for a building permit shall be made to
the Building Inspector on forms provided by him and shall contain
the following information:
(a)
A description 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 and the names and addresses of their responsible officers
if any of them are corporations.
(e)
A brief description of the nature of the proposed
work.
(g)
Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations.
(2)
Applications 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.
(3)
Plans and specifications.
(a)
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, 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, distances from lot lines, the relationship of structures
on adjoining property, 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 essential technical data.
(b)
Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
(c)
The Building Inspector may waive the requirement for
filing plans.
(4)
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Building
Inspector.
C.
Processing of applications; issuance of building permits.
(1)
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.
(2)
Upon approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto.
(3)
Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "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 returned
to the applicant, together with the building permit, and shall be
kept at the building site open to inspection by the Building Inspector
or his authorized representative at all reasonable times.
(4)
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the Building Inspector shall disapprove the same and
shall return the plans and specifications to the applicant. Upon the
request of the applicant, the Building Inspector shall cause such
refusal, together with the reasons therefor, to be transmitted to
the applicant in writing.
D.
Commencement of work.
(1)
A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is based. Any work authorized under such
building permit shall be substantially commenced not later than six
months from the date of issuance and shall be valid for a period of
six months from the commencement of such work. Such permit may be
extended by the Building Inspector for good cause shown for two periods
of not more than three months each.
(2)
The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
E.
F.
Revocation of building permits. The Building Inspector
may revoke a building permit theretofore issued and approved in the
following instances:
(1)
Where he finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
(2)
Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
law.
(3)
Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions of the application,
plans or specifications.
(4)
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector.
Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations or is not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued or is in an unsafe and dangerous manner,
he shall notify the owner of the property or the owner's agent or
the person performing the work to suspend all work, and any such persons
shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered mail.
Any building official, upon the showing of proper
credentials and in the discharge of his duties, may enter upon any
building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
A.
Required.
(1)
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Building Inspector.
(2)
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a building permit shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work unless
a certificate of occupancy shall have been issued by the Building
Inspector.
(3)
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Building Inspector.
(4)
No land shall be occupied or used and no building
hereafter erected, altered or moved shall be occupied or used, in
whole or in part, for any purpose whatsoever until a certificate of
occupancy shall have been issued by the Building Inspector, stating
that the use, premises or building, whichever the case may be, complies
with all the provisions of this article. 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.[1]
B.
Applications.
(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 or the superintendent of construction
who supervised the work and who, by reason of his experience, is qualified
to superintend the work for which the certificate of occupancy is
sought. 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 the law governing building
construction, except insofar as variations therefrom have been legally
authorized. Such variations shall be specified in the affidavit.
(2)
Application for a certificate of occupancy for a new
building or for an existing building which has been altered shall
be made after the erection or alteration of such building or part
thereof has been completed in conformity with the provisions of this
article and other relevant Town codes and ordinances.[2]
C.
Examinations and inspections.
(1)
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 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.
(2)
There shall be maintained a record of all such examinations
and inspections, together with a record of findings of violations
of the law.[3]
[3]
Editor's Note: Former § 13-17.1,
Certificates of completion of plumbing and heating required, as added
10-13-1976, which immediately followed this subsection, was deleted
6-12-1985.
D.
Issuance.
(1)
When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
(2)
A certificate of occupancy shall be issued, where
appropriate, within 10 days after application therefor is made, by
the Building Inspector.
(3)
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.
(4)
A copy of the certificate of occupancy shall be furnished,
upon request, to any person having a proprietary or tenancy interest
in the building affected. Upon request from the owner and by payment
by him to the Town of a fee, which fee shall be established annually
by the Town Board and shall be on file in the Office of the Town Clerk,
the Building Inspector shall issue a certificate of occupancy for
any building or premises, certifying, after inspection, that the extent
and kind of use and disposition conform to the provisions of this
article.[4]
E.
Temporary certificates of occupancy. Upon request,
the Building Inspector may issue a temporary certificate of occupancy
for a building or structure or part thereof before the entire work
covered by the building permit shall have been completed, provided
that such portion or portions as have been completed may be occupied
safely without endangering life or the public welfare.
(1)
In the case of construction of single-family residences
which are subject to additional standards fixed by the Planning Board,
a temporary certificate of occupancy may be issued for a period not
exceeding six months in the case of occupancy during alterations or
two months pending completion of a building in a case where work to
be completed is unrelated to the safety or health of the occupants
or the general public.[5]
(2)
Temporary certificates shall contain such appropriate
conditions and restrictions as shall be deemed necessary to protect
the health, safety and welfare of the occupants of the buildings in
question and the general public.[6]
(4)
The temporary certificate shall state the reason for
its issuance. It shall state, in detail, the conditions required to
be met before a final certificate may be issued. The applicant must,
before issuance of such certificate, deposit with the Town Clerk an
amount in cash, to be fixed by the Town Engineer; said amount is to
be 1 1/2 times the estimated cost of completing the unfinished
work. The application shall be accompanied by a nonrefundable fee,
which fee shall be established by the Town Board and shall be on file
in the Office of the Town Clerk.[8]
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector may require the same to be subjected
to tests in order to furnish proof of such compliance.
[Amended 4-15-1981]
A.
All buildings or structures which, for any cause,
may now or shall hereafter become dangerous or unsafe to the public,
including but not limited to structures which are structurally unsafe,
unsanitary or not provided with adequate egress or which constitute
a fire hazard to the public by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment, are severally, for the purpose of this
section, unsafe buildings. All such unsafe buildings, as well as collapsed
structures, are hereby declared to be public nuisances and shall be
abated by repair and rehabilitation or by demolition in accordance
with the procedures set forth in this section.
B.
The Building Inspector shall inspect or cause to be
inspected every building reported as unsafe, damaged or collapsed
and shall make a written report of such inspection to the Town Board.
C.
Service of notice; contents.
(1)
Whenever the Building Inspector shall find any building
or structure or portion thereof to be an unsafe building or collapsed
structure as defined in this section, he shall serve, or cause to
be served, written notice on the owner or some one of the owner's
executors, legal representatives, agents, lessees or any other person
having a vested or contingent interest in the subject property. Such
notice shall be served personally or by registered mail, addressed
to the last known address, if any, of the owner or some one of the
owner's executors, legal representatives, agents, lessees or other
person having a vested or contingent interest in the same, as shown
by the records of the Receiver of Taxes and/or in the office of the
County Clerk. In the event that the aforesaid notice is served by
registered mail, a copy of such shall be posted on the subject premises
within 10 days from the date of such service.
(2)
The notice shall contain:
(a)
A description of the subject premises.
(b)
A statement of the particulars in which the
building is unsafe or dangerous.
(c)
An order requiring the building or structure
to be made safe and secure or demolished and removed.
(d)
A statement that the securing or removal of
such building or structure shall commence within 30 days of the service
of the notice and shall be completed within 60 days thereafter, unless
for good cause shown such time shall be extended.
(e)
A date, time and place for a hearing before
the Town Board in relation to such dangerous or unsafe building or
structure, which hearing shall be scheduled not less than five business
days from the date of service of the notice.
(f)
A statement that in the event of neglect or
refusal to comply with the order to secure or demolish and remove
the building or structure, the Town Board is authorized to provide
for its demolition and removal and to assess all expenses thereof
against the land on which it is located.
D.
A copy of such notice shall be filed in the office
of the Putnam County Clerk in the same manner and with the same effect
as a notice of pendency, except that a notice so filed shall be effective
for a period of one year from the date of filing and may be vacated
upon order of a judge or justice of a court of record or upon consent
by the Town Attorney.
E.
Any person served with a notice as aforesaid shall
commence the securing or removal of the buildings or structures within
the time set forth in said notice.
F.
Where it reasonably appears that there is present
a clear and imminent danger to the life, safety or health of any person
or property, unless an unsafe building is immediately repaired and
secured or demolished, the Town Board may, by resolution, authorize
the Building Inspector to immediately cause the repair or demolition
of such unsafe building. The expenses of such repair or demolition
shall be a charge against the land on which it is located and shall
be assessed, levied and collected as provided herein.
G.
In the event of failure or refusal of the person so
served to repair or remove such building or structure within the time
provided, the Town Board shall cause such building or structure to
be removed. Any contract for demolition and removal must comply with
state law pertaining to bidding.
H.
All costs and expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove said
building or structure, including the cost of actually removing said
building or structure, shall be paid out of the general Town fund
and shall be taxed and assessed against the land on which said building
or structure is located by adding the same to the tax roll as an assessment
or by levying a special tax against such land or by recovering the
same in a suit at law against the owner.
From and after the effective date of this article,
no building shall be erected, constructed, enlarged, altered, removed,
improved, demolished, converted or changed as to the nature of use
or occupancy in the Town of Carmel except pursuant to and in compliance
with this article and the State Uniform Fire Prevention and Building
Code of the State of New York.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, equip, use, occupy or maintain
any building or structure or portion thereof in violation of any provision
of this article, 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 written
order of the Building Inspector within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building who shall
knowingly violate any of the applicable provisions of this article
or any lawful order, notice, directive, permit or certificate of the
Building Inspector made thereunder shall be punishable by a fine of
not more than $1,000 or up to one year in jail, or both. Each day
that a violation continues shall be deemed a separate offense[1]
C.
Except as provided otherwise by law, such violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
D.
This section shall not apply to violations of the
provisions of the State Uniform Fire Prevention and Building Code
punishable under § 382 of the Executive Law of the State
of New York or to violations of the provisions of the Multiple Residence
Law punishable under § 304 of the Multiple Residence Law
of the State of New York.[2]
Appropriate actions and proceedings may be taken
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; and these remedies shall be
in addition to the penalties prescribed in the preceding section.
[Added 3-7-1979[1]]
The Building Inspector is hereby authorized
to issue and serve an appearance ticket with respect to a violation
of the New York State Uniform Fire Prevention and Building Code or
of this article.
