Town of Southold, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Last amended 1-10-1989 by L.L. No. 1-1989]
[Amended 5-20-1993 by L.L. No. 5-1993; 5-30-1995 by L.L. No. 11-1995; 7-11-1995 by L.L. No. 16-1995; 11-24-1998 by L.L. No. 23-1998; 6-15-2010 by L.L. No. 2-2010]
A. 
It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.
B. 
The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law.
C. 
Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon.
D. 
The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter.
E. 
At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings.
F. 
At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference.
G. 
For this chapter, the term "Building Inspector" shall include and refer to:
(1) 
Building Inspectors of the Town of Southold; and
(2) 
The Zoning Inspector of the Town of Southold.
The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based.
B. 
Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.
C. 
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.
D. 
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.
[5-3-2016 by L.L. No. 3-2016]
Whenever the Building Inspector or Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable law, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or 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 building activities until the stop order has been rescinded. Such order and notice shall be in writing and 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 certified mail.
A. 
A certificate of occupancy shall be applied for from the Building Inspector and it shall be unlawful to do any of the following until a certificate of occupancy is issued therefor:
(1) 
Occupancy and use of a building erected, reconstructed, restored, structurally altered or moved or any change in use of an existing building.
(2) 
Occupancy, use or any change in the use of any land.
(3) 
Any change in use of a nonconforming use.
B. 
No certificate of occupancy shall be issued for the use of a building or lands requiring a special exception approval or special permit or for any land use requiring a site plan approval by the Planning Board unless and until such special exception or special permit approval or site plan approval has been duly granted. Every certificate of occupancy for which a special exception, special permit or site plan approval has been granted or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of any condition to which the same is subject.
C. 
Application for a certificate of occupancy on a form furnished by the Building Inspector for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter and, in the case of a new building, shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer, showing the location of the building as built. Such certificate shall be issued within 10 days after receipt of the property completed application, provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with.[1]
[1]
Editor's Note: Former Subsection D, concerning the issuance of a certificate of occupancy for the use of vacant land, which previously followed this subsection, was repealed 4-10-1990 by L.L. No. 5-1990.
D. 
Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by the fee hereinafter specified. Copies of such certificate will be issued upon the payment of the fee hereinafter specified.
E. 
A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it applies.
F. 
Upon written request and upon payment of the fee hereinafter specified, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use therefor or of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter.
G. 
A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the Town or to any persons having an interest in the building or land affected.[2]
[2]
Editor’s Note: Former Subsection H, regarding fees for certificates of occupancy, was amended, which immediately followed this subsection, was repealed 8-10-2010 by L.L. No. 7-2010.
[Amended 6-2-2009 by L.L. No. 6-2009; 6-15-2010 by L.L. No. 2-2010; 8-25-2015 by L.L. No. 7-2015]
A. 
For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, or takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
B. 
Notwithstanding the foregoing, any violations of §§ 280-13A(6), 280-13B(13), 280-13D, and 280-111J are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy.
[Amended 6-15-2010 by L.L. No. 2-2010]
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.