[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.
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:
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; 7-30-2019 by L.L. No. 11-2019]
A.
The Town Board of the Town of Southold has determined in order to
obtain satisfactory enforcement and compliance with the law, it is
necessary to increase the fines for zoning violations in excess of
the maximums authorized by § 268(1) of the Town Law of the
State of New York. It is the intent of the Town Board pursuant to
the Municipal Home Rule Law of the State of New York to supersede
the portion of § 268(1) of the Town Law of the State of
New York as enacted by Chapter 598 of the Laws of 1985, insofar as
to authorize the Town Board to establish maximum fines for violations
of the Building Zone Ordinance set forth in the said § 268
of the Town Law.
B.
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,
C.
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 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.
