[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
Application shall be made by the owner, lessee, architect,
engineer or contractor employed in connection with the proposed work.
D.
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.
E.
Plans and specifications shall bear the signature
of the person responsible for the design and drawings.
F.
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.
G.
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.
H.
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.
I.
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[1] of the City of Hudson.
A.
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.
B.
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.
C.
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,[1] 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.[1] 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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
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.
A.
The Building Inspector may revoke a building permit
issued by him in the following instances:
(1)
If he finds that a permit has been issued in error
and not in accordance with the applicable law.
(2)
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.
(3)
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.
(4)
Where the person to whom the building permit is issued
fails or refuses to comply with a stop order issued by the Building
Inspector.
B.
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.
A.
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[1] 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:[2]
(1)
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.
(2)
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.[3]
B.
If the decision of the reviewing board is favorable
to the applicant, the Building Inspector shall issue a building permit
in accordance therewith.
A.
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.
B.
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.
C.
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.
D.
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:
E.
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.[2]
A.
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.
B.
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]
C.
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.
D.
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]
E.
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]
F.
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]
