It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, equip, use or occupy any building or structure or portion
thereof in violation of any provision of the New York Uniform Fire Prevention
and Building Code or this chapter, as well as any regulation or rule promulgated
by the Code Enforcement Official in accordance with applicable laws, or to
fail in any manner to comply with a notice, directive or order of the Code
Enforcement Official or to construct alter, use or occupy any building or
structure or part thereof in a manner not permitted by an approved building
permit or certificate of occupancy. In the event of a violation and the failure
to comply, neither a building permit nor a certificate of occupancy shall
be issued. If a certificate of occupancy has been previously issued and thereafter
a violation is found, the certificate shall be revoked if such violation is
not remedied.
Whenever the Code Enforcement Official has reasonable grounds to believe
that work on any building or structure is being done in violation of the applicable
provisions of the code, or it is not in conformity with the provisions of
an application, plans or specifications on the basis of which a building permit
was issued, or the work is being done in an unsafe and dangerous manner, the
owner of the property or the owner's agent shall be notified in the form
of a stop order to stop all work. 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and suspend all building activities until the stop order has been rescinded.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 and shall state the conditions under
which the work may be resumed. It 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 where the work is being performed
and sending a copy of the order to him by certified mail at the address set
forth in the building permit application if such application shall have been
made.
Any person who shall fail to comply with a written order of the Code
Enforcement Official within the time fixed for compliance 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 chapter or any lawful order, notice, permit or certificate of the
Code Enforcement Official shall be subject to a fine and/or penalty consistent
with the provisions of Article 18, § 382, of the Executive Law of
the State of New York and the penalties imposed under this chapter.