[HISTORY: Adopted by the Common Council of the City of Hudson 12-13-1973 by Ord. No. 11-1973 (Ch. 44 of the 1973 Code). Amendments noted where applicable.]
State building code — See Ch. 90.
Demolition of buildings — See Ch. 97.
Plumbing — See Ch. 221.
Streets and sidewalks — See Ch. 266.
Zoning — See Ch. 325.
Curb, sidewalk and street requirements — See Ch. A330.
Depressed curb driveways — See Ch. A331.
Water regulations and rates — See Ch. A333.
No individual, corporation or firm shall start the erection, construction, enlargement, removal, demolition, conversion or change in the nature of occupancy of any building or structure, or cause the same to be done, without first obtaining a building permit from the Building Inspector for each such building or structure, except that no building permit shall be required for the performance of painting, decorating or ordinary repairs which are not structural in nature.
Application for a building permit shall be made to the Building Inspector on forms provided by his office. The applicant will be required to give dimensions of the lot, the street and the ward location, statement of the use and occupancy anticipated, estimated duration of the construction, the valuation of the proposed work, the name and address of the owner or officers of the firm, a complete set of plans and specifications in triplicate and any other required information necessary to establish compliance of the proposed work with the building laws and ordinances or rules established by the Building Inspector.
Application shall be made by the owner, lessee, architect, engineer or contractor employed in connection with the proposed work.
The plans and specifications shall include a plot plan drawn to scale, showing the proposed work, location of such and all utilities connected therewith. Distances from lot lines, indication of structures and adjoining properties, finished grades and location of streets, alleys and sidewalks, etc., shall be included. Drawings shall include floor plans, elevations, sections and other details as may be required and show all information concerning the construction of the building, including general construction, mechanical equipment, plumbing and electrical work.
Plans and specifications shall bear the signature of the person responsible for the design and drawings.
Where the State Education Law requires the seal of the registered architect or licensed professional engineer, the Building Inspector shall require such seal on the drawings and specifications before they are submitted for approval.
In general, a residence and other buildings which contain less than 1,000 square feet of habitable or fully developed space will not require such seal.
Where the applicant requests approval of plans and specifications covering a factory, mercantile building or place of public assembly or other type of building structure which comes under the jurisdiction of the State Labor Department, these plans must first be filed and approved by the State Labor Department before they can be received for consideration by the Building Inspector.
Amendments or revisions to plans and specifications may be made if such amendments are filed and approved prior to the completion of the work, subject to the approval of the Building Inspector. The Building Inspector shall not approve plans which fail to comply with the Zoning Ordinance of the City of Hudson.
Upon completion of the appropriate application form and submittal of the necessary plans and specifications, the Building Inspector shall examine or cause to be examined all plans, specifications, permits and other documents filed therewith. He shall approve or disapprove the application within a reasonable time. Upon approval of the application and receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by the City and he shall affix his signature or cause his signature to be affixed thereto.
Upon approval of the application, all sets of plans and specifications shall be endorsed with the words: "Approved, Building Inspector, Hudson, New York." Two sets of 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. These shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
If the application, together with the plans and specifications and other required documents filed, does not conform to all requirements of the applicable Building Code regulations and zoning requirements, the Building Inspector shall disapprove the same and shall return said plans and specifications to the applicant. Upon request of the applicant, the Building Inspector shall cause such refusal, together with the reasons for same, to be transmitted to the applicant in writing.
A building permit shall not be issued unless public water supply and public sewerage are available to the lot where the erection of a building is proposed. The Building Inspector shall contact the Commissioner of Public Works, the City Engineer, the Code Enforcement Officer and the Plumbing Inspector concerning the availability of these utilities, and the issuance of a permit shall be withheld until the Building Inspector is advised by higher authorities that satisfactory water supply and sewage disposal are available. The City shall not issue a building permit until the applicant provides proof of workers' compensation insurance and disability benefits coverage or an affidavit that the applicant has not engaged an employer or any employees to perform work relating to the building permit.
[Added 3-16-1976 by Ord. No. 2-1976]
The Building Inspector shall require affirmative advertising and marketing by private developers as a condition to obtaining building permits. Such requirements and their enforcement will be established by order, rule or regulation of the Building Inspector.
[Amended 9-19-1995 by L.L. No. 9-1995]
Any building permit shall be valid to authorize the beginning of work in accordance with the application and the approved plans and specifications on which it is based, for a period of one year after the date of its issuance. For good cause, the Building Inspector may grant one six-month extension of this date.
The issuance of a building permit constitutes authority to the applicant to proceed with the work, but only in accordance with the approved plans and specifications and in accordance with all applicable building laws, codes, regulations and zoning regulations. Any change to be made to the building shall first be approved by the Building Inspector.
[Amended 12-16-1986 by L.L. No. 4-1986]
An approved permit for construction shall not be issued to the applicant until a fee as established by the Common Council has been paid to the Building Inspector.
[Amended 3-17-1987 by L.L. No. 2-1987; 8-20-2002 by L.L. No. 3-2002]
Permits will be required for all work under the jurisdiction of the Building Inspector. The cost of the construction of a building shall be secured from the architect, engineer or contractor in charge of the work. The applicant for the permit shall present bid sheets or proposal sheets or contract documents to substantiate the building cost. If no bona fide certificate of cost by the above methods is available, then the Building Inspector will establish the cost by using a square foot, cubic foot or by an acceptable estimate method, whichever will produce a fair price for the project. In case of a dispute, the Building Inspector is empowered to employ the services of an architect, engineer or contractor to make an estimate of said cost.
The cost of a building shall include the general construction, plumbing and mechanical equipment and electrical work but shall not include the cost of land, landscaping, sidewalks, driveways, etc.
Permit fees for mechanical, electrical or other separate contracts not included in the architect's or general contractor's estimate shall be paid for by each of the various separate contractors doing work in accordance with the prices listed on the schedule of fees.
No charge will be made for building permits in connection with work done by or for the City of Hudson or municipally owned buildings, structures or other property.
[Amended 12-16-1986 by L.L. No. 4-1986; 6-21-1994 by L.L. No. 7-1994]
Charges for the demolition of freestanding one- or two-family dwellings or accessory buildings of 2,000 square feet or less, residential buildings up to 1,000 square feet each with common walls connected, and all other buildings shall be as established by the Common Council.
The Building Inspector may revoke a building permit issued by him in the following instances:
If he finds that a permit has been issued in error and not in accordance with the applicable law.
If he finds a false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
Where it is found that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications or the building regulations or zoning laws.
Where the person to whom the building permit is 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 the work on any building or structure is being prosecuted in violation of the provisions of any of the applicable building laws, ordinances or zoning regulations or not in conformity with the plans and specifications on which the permit was based, or the construction is being done in an unsafe and dangerous manner, he shall notify the owner of the property or building, or the owner's agent or the contractor or the person performing the work, to suspend all operations. All building activities shall cease until the stop order has been rescinded. Work shall not resume until the owner or his representative is notified in writing by the Building Inspector that the stop order has been rescinded.
Whenever the Building Inspector rejects any plan or specifications for the erection or alteration of any building or structure, or where he claims that plans violate part or parts of the State Uniform Fire Prevention and Building Code or the Zoning Ordinance or any other building regulations, or where he disallows a permit because in his interpretation of this chapter a violation will result, then the owner or applicant may appeal as follows:
An appeal involving a question under the State Uniform Fire Prevention and Building Code shall be taken within six days from the date of the decision of the Building Inspector to the State fire Prevention and Building Code Council, as set forth in Article 18 of the Executive Law. A copy of the notice of appeal shall be filed with the Building Inspector.
An appeal involving a question which pertains to the zoning or local building regulations of the City shall be taken within six days from the date of decision of the Building Inspector to the Zoning Board of Appeals of the City of Hudson, in accordance with the provisions of the Zoning Ordinance of the City of Hudson.
If the decision of the reviewing board is favorable to the applicant, the Building Inspector shall issue a building permit in accordance therewith.
No building hereinafter erected shall be occupied or used in whole or in part until completed in accordance with the plans and specifications filed with the building permit application and until a certificate of occupancy has been issued by the Building Inspector.
No building hereinafter altered, extended, enlarged or worked upon requiring the issuance of a building permit, where the alterations, extensions, enlargement or work shall be of such a nature as to constitute, before its completion, a hazardous condition which shall endanger the lives or persons of the occupants, shall be used or occupied until the Building Inspector has issued a certificate of occupancy.
It is the duty of the Building Inspector to make or direct to have made by his representative an examination and inspection of the building in question during its construction work and, at its completion, to satisfy himself that the work has been done in a safe manner and in conformity with the plans and specifications filed when the building permit was issued and in accordance with this chapter.
When the final inspection has been made and he is satisfied that the work has been completed in accordance with the State Uniform Fire Prevention and Building Code and all applicable ordinances, then he shall issue a certificate of occupancy within 10 days of such application. This certificate shall be dated, shall give the name of the project and shall certify that the work has been done in conformity with applicable building laws and regulations. The certificate shall indicate the address of the building and the use or uses for which the structure was made. The fees to be paid for the following are as established by the Common Council:
[Amended 12-16-1986 by L.L. No. 4-1986; 6-21-1994 by L.L. No. 8-1994]
A residential certificate of occupancy.
A commercial certificate of occupancy for any alterations or new construction under $100,000 and for any alterations or new construction over $100,000.
Where the Building Inspector has reasonable doubt as to the safety of the structure or any part thereof, then he may require that the same be subjected to reasonable tests or investigation to make sure of the structural safety or compliance with the State Uniform Fire Prevention and Building Code. He may require documentary proof of the strength of certain materials or require the registered architect or professional engineer in charge of the job to provide affidavits concerning the workmanship or materials or design of any or all parts of the building. No certificate shall be issued until all work is in conformity.
It shall be unlawful for any person, firm or corporation to build, repair, alter, move, demolish, use or occupy 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 or directive of the Building Inspector.
Any person who shall fail to comply with the written order of the Building Inspector within the fixed time for compliance therewith, and any owner, builder, contractor, architect, tenant, subcontractor or any person assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or any directives of the Building inspector, shall be liable to the City of Hudson for an administrative fee in the sum of $100 and, if court proceedings are commenced, shall be subject to a fine of not less than $100 nor more than $1,000 or one year in jail, or both.
[Amended 5-19-1998 by L.L. No. 5-1998; 4-20-2004 by L.L. No. 3-2004]
Except as provided otherwise by law, such a 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.
This section shall not apply to the violation of the provisions of the State Uniform Fire Prevention and Building Code punishable under § 382 of the Executive Law of New York State, nor to violations of the provisions of the Multiple Residence Law of the State of New York.
[Amended 4-20-2004 by L.L. No. 3-2004]
Injunctive relief. An action or proceeding may be instituted in the name of this City, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, the City Code, or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this City, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this Subsection E shall be commenced without the appropriate authorization from the Common Council of this City.
[Added 6-17-2008 by L.L. No. 4-2008]
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this chapter, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision 2 of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision 2 of § 382 of the Executive Law.
[Added 6-17-2008 by L.L. No. 4-2008]