Village of Great Neck, NY
Nassau County
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Table of Contents
Table of Contents
[Adopted as Ch. 70 of the 1976 Code]
[Amended 1-8-1985 by L.L. No. 1-1985]
Pursuant to Article 18 of the Executive Law, provision is hereby made for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code within the Village. Wherever in this article or elsewhere in this Code reference is made to the "State Building Construction Code," it shall be deemed to refer to the New York State Uniform Fire Prevention and Building Code.
The following provisions shall apply to the administration and enforcement of the State Building Construction Code and other laws and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures within the Village of Great Neck.
A. 
Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, within the Village of Great Neck, the Building Inspector of the Village shall administer and enforce all of the provisions of the State Building Construction Code and of all other laws or regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, including plumbing and drainage work therein, the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
B. 
He shall receive, examine and approve or disapprove, within a reasonable time after receipt thereof, applications for permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof, and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, codes, ordinances or regulations governing building and the use of land.
C. 
He shall receive, examine and approve or disapprove, within a reasonable time after receipt thereof, applications to install any new plumbing or drainage work in a building or structure or to extend or alter any existing plumbing or drainage work, whether such work is to be connected with a sewer or not.
D. 
He shall, on complaint or other information, examine existing and completed buildings and structures, as well as buildings and structures under construction, and shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during the construction and to ensure compliance, during the entire course of construction, with the requirements of such laws, codes, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from other employees of the Village or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.
E. 
Whenever the same may be necessary or appropriate to assure compliance with the provisions of the applicable laws, codes, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced professional persons or by accredited and authoritative laboratories and/or service bureaus or agencies.
The Building Inspector and his deputies are hereby authorized and shall have the right, upon the showing of proper credentials and in the discharge of their duties, to enter upon any building, structure or premises at any reasonable hour, and no person shall interfere or prevent such entry.
A. 
The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records.
B. 
The Building Inspector shall annually submit to the Board of Trustees a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.
The Building Inspector may request, so far as may be necessary in the discharge of his duties, the assistance and cooperation of other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
Permits required.
[Amended 3-20-2012 by L.L. No. 6-2012]
(1) 
No person, without first obtaining a permit from the Building Inspector, shall:
(a) 
Commence the erection, construction, enlargement, alteration, removal, improvement, demolition, or conversion of any building or other structure or part thereof;
(b) 
Install any elevator, dumbwaiter, heating or heat-producing appliance, or other equipment, other than ordinary stoves or ranges;
(c) 
Excavate, add fill, or regrade any lot; or
(d) 
Change the nature of the occupancy or use of any building, or other structure, or lot, or of any part thereof.
(2) 
For the purpose of this section, the word "structure" shall be broadly construed and shall include all of the things set forth in the definition of "structure" in § 575-212 of this Code and, in addition thereto, anything else that would require the review and/or approval by the Village Building Department pursuant to the State Building Code and/or that will comprise 200 square feet or more of new surface area, other than vegetation, even if such other additional things would be excluded from the definition of the term "structure" for zoning purposes pursuant to said § 575-212.
(3) 
Notwithstanding anything to the contrary in this section, no permit shall be required for the performance of ordinary repairs which are not structural in nature and do not affect a building system.
B. 
Such application shall be made to the Building Inspector in such manner, upon such forms, and with the information and documentation as shall hereafter be determined, from time to time, by resolution of the Board of Trustees.
[Amended 8-18-2009 by L.L. No. 3-2009]
C. 
Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
D. 
If the application contemplates the moving of an existing building or structure from one location to another, it shall be accompanied by a description of the method to be used and a statement of the route to be followed. Permits from the state, county, town and/or Village authorities shall be submitted at the time of making application for a permit.
E. 
The Building Inspector shall require a separate application to be filed for an elevator or dumbwaiter installation, but in case such separate application is filed by the same applicant in connection with and relating to an application to construct or alter a building or structure, it shall not be necessary to duplicate the affidavit attached to or information contained in the application to construct or alter.
F. 
Nothing in this section shall prevent the Building Inspector from requiring such additional information as may be necessary to an intelligent understanding of any proposed work.
G. 
[1]The Building Inspector may waive the requirement for filing plans and specifications for minor alterations.
[1]
Editor's Note: Former Subsection G, regarding information required to accompany a building permit application, was repealed 8-18-2009 by L.L. No. 3-2009. This local law also provided for the renumbering of former Subsections H through N as Subsections G through M, respectively.
H. 
An application to demolish shall give the full names and addresses of the owner or owners, the applicant and the person who is to do the work and the lot number or street number of the premises.
I. 
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Inspector, and approval shall be received from the Building Inspector prior to the commencement of such change of work.
J. 
An application pursuant to this section shall be deemed abandoned if the applicant does not obtain a permit within two years from the date the application is first filed with the Building Department. Amendments to the application shall not extend said two-year period. For good cause, the Building Inspector, at his discretion, may allow not more than two one-year extensions of such application.
[Added 5-20-2010 by L.L. No. 4-2010[2]]
[2]
Editor's Note: This local law also provided for the renumbering of former Subsections J through M as Subsections K through N, respectively.
K. 
No building permit shall be issued for or in connection with any parcel of realty until the applicant for said permit shall have received the approval of a site or topographical map providing for drainage facilities and drainage so as to ensure adequate protection for the surrounding areas, except in those instances where the Building Inspector deems, due to topography, it is not necessary. Said topographical map shall include all factors which are material, i.e., surface drainage, existing structures, future development, elevations of surrounding areas and actual and potential capacities of all stormwater basins and pools and the size thereof. Said topographical survey shall be submitted to the Building Inspector after the necessary approvals shall have been obtained from the Nassau County Department of Public Works in accordance with the requirements of the General Municipal Law § 239, if required.
L. 
No building permit shall be issued for or in connection with any parcel of realty until the applicant for said permit shall have received such approval of the proposed construction or alteration as may be required by other governmental or municipal agencies, e.g., Occupational Safety and Health Act, Nassau County Board of Health, Nassau County Fire Marshal's office, etc. A copy of such approval shall be stamped or endorsed on a copy or copies of the plan filed with the application for the building permit.
[Amended 9-16-1976 by L.L. No. 15-1976]
M. 
No building permit shall be issued for or in connection with any parcel of realty until the applicant for said permit shall have filed an appropriate erosion control plan to adequately assure that there shall be no runoff of water, excavated material, fill material, or other matter or debris from the premises onto any adjacent premises during the construction or otherwise while the work is being performed. Such erosion control plan must be sufficient to assure that all stormwater from an eight-inch rainfall will be retained on the premises, with the exception of stormwater which would flow directly onto a public street, and with regard to such stormwater that will flow directly onto a public street, such plan shall only be required to assure the retention on such lot of the stormwater from a five-inch rainfall. Notwithstanding the foregoing, a waiver from all or a portion of the stormwater retention requirements of this subsection with regard to nonimpervious surfaces may be granted by the Planning Board upon a showing that:
[Added 8-6-2002 by L.L. No. 12-2002; amended 4-4-2006 by L.L. No. 2006]
(1) 
Fulfilling the requirements of this subsection would result in:
(a) 
A significant alteration of what would otherwise be undisturbed land, thereby creating a loss of significant trees and other vegetation, which, when balancing such loss against the provision of such stormwater retention, would not be in the best interests of the adjacent properties and/or the Village as a whole; or
(b) 
A significant economic hardship, because, among other things, of steep slopes or significant retaining walls or other existing structures in close proximity to adjacent property lines, and so long as such hardship is not based upon a subdivision of land or upon the impermeability of the soil, with regard to either:
[1] 
The construction of an addition or other alteration to an existing, legal single-family or two-family dwelling;
[2] 
The construction of an addition or other alteration to a single-family or two-family dwelling to legalize the dwelling;
[3] 
The demolition of an existing single-family or two-family dwelling and the construction of a new single-family or two-family dwelling on the same lot; or
[4] 
The construction of a structure as an accessory to an existing legal single-family or two-family dwelling; and
(2) 
Neither the granting of such waiver nor the construction to be performed as a result of such grant will result in a violation of any federal or New York State laws, rules, or regulations with regard to erosion, sediment, and/or stormwater control.
N. 
Demolition permit.
[Added 11-15-2005 by L.L. No. 11-2005]
(1) 
No building permit for demolition, hereinafter sometimes referred to as a "demolition permit," shall be issued if such permit is for the demolition of all or substantially all of a principal structure on a lot until the applicant has first received either:
(a) 
A permit for the construction of a new principal structure on said lot;
(b) 
A permit for the alterations which must necessarily be completed to once again make the structure substantially habitable;
(c) 
A waiver from the provisions of this section by the Building Inspector based upon the Building Inspector finding that such permit should be issued because of an emergency situation to protect the health, safety, or welfare of the Village;
(d) 
A direction by the Building Inspector based upon the Building Inspector finding that such permit should be issued because of an emergency situation to protect the health, safety, or welfare of the Village; or
(e) 
A waiver from the provisions of this section by the Board of Trustees based upon unnecessary hardship.
(2) 
As used in this subsection, "substantially all" shall mean that, in the opinion of the Building Inspector, the demolition will make the structure substantially uninhabitable during and/or after the completion of the demolition.
A. 
The Building Inspector shall examine or cause to be examined all applications for permits and plans, specifications and the documents filed therewith. The Building Inspector shall have full authority to refer the application, or any portion thereof, to the Village Engineer, or to any other designated Village consultant, for examination of any aspect of the application which the Building Inspector deems in need of special review. The cost for such examination shall be borne by the applicant. The Building Inspector shall advise the applicant on all referrals before they are made. The Building Inspector shall approve or disapprove the application within a reasonable time.
[Amended 1-17-2017 by L.L. No. 2-2017]
B. 
Upon approval of an application for a permit and upon receipt of the legal fees therefor, the Building Inspector shall issue a permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.
C. 
Upon approval of an application for a building permit, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector. The other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times.
D. 
If an application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable laws, codes, ordinances or regulations, the Building Inspector shall disapprove the same, and one set of plans and specifications shall become part of the public record and one set returned to the applicant. Upon request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
A. 
Commencement of work.
[Amended 11-15-2005 by L.L. No. 11-2005]
(1) 
Building permits, except a demolition permit. Any such permit shall be effective to authorize the commencement of work in accordance with the application, plans, and specifications upon which it is based. If the work is not commenced within three months from the date of issuance of the permit and completed within 12 months of the date of issuance of the permit, the permit shall expire, unless, for good cause, the Building Inspector, at his or her sole discretion, from time to time, allows one or more reasonable extensions of such three-month and/or twelve-month periods; however, in no event shall such extension exceed a total period of two years from the date of issuance of the permit. Any project for which an expired permit has not been extended or that is otherwise not completed within the extension period or periods, not to exceed two years from the date of issuance of the permit, shall be deemed abandoned unless, upon application, additional time is granted by the Board of Trustees, in its sole discretion, based upon a showing of good cause for the delay.
[Amended 8-18-2009 by L.L. No. 3-2009]
(2) 
Demolition permits. A demolition permit shall be effective to authorize the commencement of work in accordance with the application, plans, and specifications upon which it is based for a period of one month after the date of issuance of the permit. If work is not commenced within such one-month period, the permit shall expire, unless, for good cause, the Building Inspector, at his or her sole discretion, from time to time, allows one or more reasonable extensions of such one-month period; however, in no event shall such extensions exceed a total period of three months from the date of issuance of the permit. Any demolition project for which an expired permit has not been extended or that is otherwise not completed within the extension period or periods, not to exceed three months from the date of issuance of the demolition permit shall, be deemed abandoned unless, upon application, additional time is granted by the Board of Trustees, in its sole discretion, based upon a showing of good cause for the delay.
[Amended 8-18-2009 by L.L. No. 3-2009]
(3) 
In granting any extension to a building permit, including a demolition permit, the Board of Trustees may impose such conditions as it deems appropriate in order to attempt to assure due diligence in the timely completion of the work under the permit.
(4) 
Any project which is not completed within the period set forth herein or within such extended period as may be authorized by the Building Inspector or the Board of Trustees shall be deemed abandoned.
B. 
The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable laws, codes, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
C. 
The location of a new building or structure or an extension of an existing building or structure shown on an accepted and approved plot diagram or an amendment thereof shall be strictly adhered to.
D. 
It shall be unlawful to reduce or diminish the area of any lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in condition shall have been filed and approved; provided, however, that this shall not apply when the lot area is reduced by reason of a street opening or widening or other public improvement.
E. 
The Building Inspector shall be given at least 24 hours' notice of the starting of work under a permit.
F. 
Before ceilings, walls or partitions of any work for which a permit is required are covered with lath, plasterboard, plaster ceiling or other covering, the Building Inspector shall be notified. Within three days after receipt of such notice, he shall inspect the same. No such ceilings, walls or partitions shall be covered until permission to do so has been granted by the Building Inspector.
G. 
No foundations or concrete shall be placed unless and until the Building Inspector is given written notice of the placing of same at least 24 hours prior to the time scheduled for its placement.
H. 
Building permits shall be prominently displayed on the job site at all times during the progress of construction so as to be readily seen from adjacent streets.
[Amended 2-4-2003 by L.L. No. 2-2003]
I. 
Construction fences.
[Added 2-4-2003 by L.L. No. 3-2003; amended 4-17-2006 by L.L. No. 7-2006; 3-20-2012 by L.L. No. 6-2012]
(1) 
Whenever a fence is required pursuant to the provisions of the State Building Code, or otherwise in the discretion of the Building Inspector, to provide safety to the public from the demolition, excavation, or other construction work being performed at premises within the Village, no such demolition, excavation, or other construction work shall commence or be continued until a fence has been erected in accordance with a plan approved by the Building Inspector, with regard to its structure, design, installation, and location.
(2) 
Such fence shall be comprised of or substantially equivalent in strength and aesthetics to a galvanized steel chain-link fence with a dark green nylon mesh or a wood stockade fence, six feet in height, with provisions for lockable gates and, in the event that such fence is not an attractive opaque fence, an attractive opaque facing, along all sides, of fabric, plastic, or other material approved by the Building Inspector, except at such locations where such fence is not required because of existing structures, landscaping, or other impediments to access or where such fence or opaque material would pose a safety hazard to vehicle traffic or pedestrians by the obstruction of sight lines.
(3) 
Such portion of the fence wherein any gates providing access are located shall be set back not less than 10 feet from the curb of the street or the sidewalk, if any, between the curb and the fence, whichever is greater. No gate leaf to the fence shall be greater than eight feet in width without the approval of the Building Inspector. In the event any such gate leaf is greater than eight feet, the fence whereat such gate leaf is located shall be set back not less than two feet greater than the width of the gate leaf from the curb of the street or the sidewalk, if any, between the curb and the fence, whichever is greater.
(4) 
Such gates shall be kept closed at all times except when they are actively being used for ingress or egress.
(5) 
Such gates shall be locked at all times when no work is legally being performed and neither the owner, nor anyone authorized by the owner, is present at the premises.
(6) 
Such fence shall be removed within two business days after the Building Inspector has notified the owner or the applicant that the fence is no longer necessary for safety reasons.
J. 
No permit shall be issued for the construction of an accessory building upon any lot without a principal building unless such permit or a prior permit, which has not expired or otherwise been terminated, includes the construction of a principal building on said lot. No construction of any such accessory building shall begin until the construction of the principal building has proceeded to the first-floor beams.
[Added 8-18-2009 by L.L. No. 3-2009]
K. 
Once construction has commenced pursuant to a building permit or for which a building permit was required, whether or not such permit was obtained, until a certificate of occupancy or completion has been issued for such work, no person, other than a person legally performing work pursuant to such permit, shall be present at any location where such work is being performed, or within the vicinity of where such work is being performed as the Building Inspector may prescribe, without the written permission of the Building Inspector.
[Added 3-20-2012 by L.L. No. 6-2012]
L. 
Once a building permit has been issued, even if such permit has subsequently expired, the Building Inspector shall have the right to inspect the premises where the work is to be or is being performed or was to be performed until a certificate of occupancy or completion has been issued for such work, or such work has been abandoned and there has been full compliance with the requirements of § 237-11 of this chapter.
[Added 3-20-2012 by L.L. No. 6-2012]
A. 
No building or alteration thereto which is to have a total floor area in excess of 10,000 square feet shall be constructed except under the supervision of a professional engineer or architect licensed or registered in the State of New York.
B. 
No permit will be issued for the construction of a building or an alteration thereto which is to have a total floor area in excess of 10,000 square feet until an affidavit is filed with the Building Inspector certifying that the construction of such building will be supervised by a professional engineer or architect licensed or registered in the State of New York. The affidavit shall be signed and sworn to by the engineer or architect who will supervise the construction of such building, shall contain a statement that said engineer or architect has examined the plans and specifications of the proposed construction and is thoroughly familiar therewith and shall have his professional seal affixed. In the event such engineer or architect shall, for any reason, discontinue his supervision of the construction of the building at any time prior to the completion, he shall immediately notify the Building Inspector of such fact; and thereupon, the building permit issued for such construction shall be suspended, and no further work shall be done thereunder until another such affidavit shall be filed with the Building Inspector certifying that supervision of the construction has been resumed by another or the same engineer or architect.
C. 
The driving of piles shall be supervised by the professional engineer or registered architect who shall keep a written record of the drivings and who shall certify to the bearing capacity of each pile. A copy of said record and the certification shall be filed with the Building Inspector prior to the placement of pile caps.
D. 
During the course of construction, the Building Inspector may require special tests and certifications with respect to the properties of structural steel, reinforcing bar steel and concrete, and that the same were erected, installed or placed in accordance with the plans and specifications.
E. 
No certificate of occupancy will be issued for a building or an alteration thereto having a total floor area in excess of 10,000 square feet until a final certificate is filed with the Building Inspector, by the engineer or architect who supervised the construction, that the building was in fact erected in conformity with the plans therefor filed with the Building Inspector.
F. 
No certificate of occupancy will be issued for a building or alteration thereto having a total floor area in excess of 1,000 square feet, but less than 10,000 square feet, until a final certificate is filed with the Building Inspector, by the engineer, architect or building superintendent (having at least 20 years' experience in the building field) who supervised the construction or alteration, that the building was constructed or altered in conformity with the plans therefor filed with the Building Inspector.
[Amended 11-15-2005 by L.L. No. 11-2005; 3-20-2012 by L.L. No. 6-2012]
In the event of the abandonment of any building project, whether by the applicant, the owner, and/or a deemed abandonment pursuant to the provisions of § 237-9 of this chapter, including a demolition project and a project that solely involved excavation, unless otherwise directed by the Building Inspector, it shall be the obligation of the owners and of every applicant for the permit for the project, if one was applied for, jointly and severally:
A. 
If there was any excavation, addition of fill, and/or regrading, and/or if there was any demolition that left an area lower than the adjacent grade, whether or not any new construction had commenced:
(1) 
To safely cap all underground utilities in the excavated area and/or where any demolition occurred, as directed by the Building Inspector.
(2) 
To remove all underground fuel storage tanks in the excavated area and/or where any demolition occurred in accordance with all county and state regulatory rules and regulations, as directed by the Building Inspector.
(3) 
To remove all structures in the excavated area and/or where any demolition occurred, unless otherwise directed by the Building Inspector.
(4) 
To backfill all excavated areas and/or where any demolition occurred to the level of the adjacent grade, and to remove any added fill to the level of the natural preexisting grade, unless otherwise directed by the Building Inspector.
(5) 
If, in the opinion of the Building Inspector, as a result of the excavation or demolition, the amount of stormwater retention on the lot has been reduced or additional stormwater will flow onto adjacent properties, public or private, to construct a new stormwater system or modify the existing stormwater system to assure that the amount of stormwater retention on the lot will not be reduced and that no additional stormwater will flow onto adjacent properties. Such system shall be subject to the approval of the Building Inspector.
(6) 
If, in the opinion of the Building Inspector, as a result of the excavation, additional fill, regrading, and/or demolition, the existing landscaping had been significantly reduced, to implement a planting plan to enhance the reduced landscaping to substantially the same landscaping that had existed prior to the excavation and demolition. Such planting plan shall be subject to the approval of the Village's Architectural Review Committee.
(7) 
Prior to the commencement of any of the work required above, to obtain all such permits from the Building Department or otherwise as may be required by the Building Inspector or by law to perform such work.
(8) 
If the construction of a building or other structure has proceeded beyond the cellar excavation:
(a) 
To implement a planting plan to effectuate an appropriate aesthetic appearance of the uncompleted structures from adjacent properties, public and private. Such planting plan shall be subject to the approval of the Village's Planning Board.
(b) 
An owner or applicant may make application to the Board of Trustees to retain all or a part of such building or structure. Pending the determination of such application, it shall be the obligation of the owners and of every applicant for the permit for the project, if one was applied for, jointly and severally, to make safe and securely close the openings of all buildings and other structures, in a manner approved by the Building Inspector, in order to limit or prevent danger to persons and possible fire and gas hazards.
B. 
If there was no excavation, added fill, or regrading, and no demolition that left an area lower than the adjacent grade, it shall be the obligation of the owners and of every applicant for the permit for the project, if one was applied for, jointly and severally:
(1) 
To remove all work that was performed under the abandoned permit so that, subject to the provisions of Subsection B(2) of this section, the building or structure conforms to the construction prior to the commencement of the work, and, to the extent required by the Building Department, if any, obtain a new building permit to perform such removal and any required restoration to obtain such conformity.
(2) 
In the event that such removal and restoration requires conformance with the State Building Code or Village Code requirement different from the construction prior to the commencement of such work, such removal and restoration shall comply with such requirement.
(3) 
An owner or applicant may make application to the Board of Trustees to retain all or a part of such work. Pending the determination of such application, it shall be the obligation of the owners and of every applicant for the permit for the project, if one was applied for, jointly and severally, to make safe and securely close the openings of all buildings and other structures, in a manner approved by the Building Inspector, in order to limit or prevent danger to persons and possible fire and gas hazards.
The Building Inspector shall have authority to revoke a permit theretofore issued in the following instances:
A. 
Where he finds that there has been any false statement or misrepresentation as to material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he finds that the permit was issued in error and should not have been issued in accordance with applicable laws, codes, ordinances or regulations.
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 permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector.
A. 
Remedial orders. The Building Inspector shall have the power to order, in writing, the remedying of any conditions found to exist in, on or about any building in violation of the State Building Construction Code. Such orders may be served upon the owner or his authorized agent, personally or by sending, by registered mail, a copy of such order to the owner or his authorized agent, at the address set forth in the application for permission for the construction of such building. The Building Inspector may grant, in writing, such time as may be reasonably necessary for achieving compliance with such order.
B. 
Stop orders. Whenever the Building Inspector has reasonable grounds to believe that the work on or in any building or structure is being prosecuted in violation of the provisions of the State Building Construction Code or other applicable laws, codes or regulations, or not in conformity with the provisions of the application, plans or specifications on the basis of which a permit was issued, or in an unsafe and dangerous manner, the Building Inspector shall have the power to suspend all building activities. In such case the Building Inspector shall notify the owner of the property, the owner's agent or the person performing the work to suspend all activities until the stop order has been rescinded or complied with. Such order shall be in writing, shall state the conditions under which the work may be resumed and shall be served upon the person to whom it is directed, either personally or by sending a copy of said order to said person by registered mail, at the address set forth for said person in the records of the Building Inspector and by posting a copy thereof at the construction site.
A. 
No building hereafter erected shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the Building Inspector, certifying that such building conforms substantially to the permit and the requirements of law applying to buildings of its class and kind.
B. 
No building hereafter enlarged or extended or so altered, wholly or in part, as to change its classification as a residential, business or industrial building and no building hereafter altered, for which a certificate of occupancy had not been issued heretofore, shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the Building Inspector, certifying both that the work for which the permit was issued has been completed substantially in accordance with the permit and with the provisions of law applying to such an alteration and that the building is safe for occupancy insofar as can be determined by visual inspection. If the occupancy or use of such building was not discontinued during the work of alterations, the occupancy or use of the building shall not continue for more than 30 days after completion of the alteration unless such certificate shall have been issued.
C. 
No certificate of occupancy or certificate of completion or certificate of approval shall be issued for any building or other structure, or for any other work, which is not in full compliance with all of the requirements of the Village Code; the Village Building Department; and all of the resolutions adopted by the Village's Board of Appeals, Planning Board, Committee of Architecture Review, and Landmarks Preservation Commission, if any, with regard to such building or other structure, or other work, or otherwise with regard to the premises at which the work was performed. Notwithstanding the foregoing, a certificate of occupancy or certificate of completion or certificate of approval under one building permit may be issued while one or more other building permits are open with regard to the same premises, so long as there is no existing violation with regard to the work being performed under those permits, or otherwise on the premises. The word "violation," as used within this section, includes, inter alia, any noncompliance with any requirements of the Village Code; the Village Building Department; or any resolution from Village's Board of Appeals, Planning Board, Committee of Architecture Review, or Landmarks Preservation Commission.
[Added 8-6-2002 by L.L. No. 12-2002]
In those instances where work is performed under a permit, but no certificate of occupancy is required, the Building Inspector shall issue a certificate of completion if it is found that the proposed work has been completed substantially in accordance with the permit and the laws applicable thereto. The certificate shall also indicate the use or uses to which the structure or installation may thereafter be put and to what extent.
In those instances where plumbing or drainage work is to be performed under a permit, the Building Inspector shall issue a certificate of approval of the plumbing or drainage work if it is found that said work has been completed substantially in accordance with the permit and the laws applicable thereto.
A. 
Before issuing a certificate of occupancy, a certificate of completion or a certificate of approval of plumbing or drainage work, the Building Inspector shall examine or cause to be examined all buildings, structures, sites and work for which said application has been filed; and he may conduct such inspection as he deems appropriate from time to time during and upon completion of the work.
B. 
There shall be maintained in the Village Office a record of all such examinations and inspections, together with a record of findings of violations of the law.
A. 
A certificate of occupancy, a certificate of completion or a certificate of approval of plumbing or drainage work shall be issued within a reasonable time after application therefor is made.
B. 
A final survey must be submitted before a certificate of occupancy or a certificate of completion will be issued.
Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life, health or the public welfare. A temporary certificate of occupancy may be issued for a period not exceeding three months from its date of issuance and shall be void thereafter, except that for good cause the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable laws, codes, ordinances or regulations, the Building Inspector may require the same to be subjected to tests by a testing agency designated by the Building Inspector and at the applicant's own cost, in order to furnish proof of such compliance.
The restrictions of the Building Zone Ordinance[1] with respect to the location of trades and industries, the use and occupancy of buildings, the area of yards and other open spaces and the height of buildings and structures shall not be deemed to be modified by any provision of this article. Such restrictions shall be controlling except insofar as this article imposes greater restrictions by reason of the type of construction used, in which case the provisions of this article shall control.
[1]
Editor's Note: See Ch. 575, Zoning.
No oversight or dereliction of duty on the part of the Building Inspector or on the part of any employee of the Village shall legalize the erection, construction, alteration, removal of, use or occupancy of a building or structure that does not conform to the applicable building or plumbing laws, ordinances or regulations or that does not conform with the provisions of the application, plans or specifications on the basis of which a building permit or plumbing permit was issued or that does not conform to the applicable provisions of the Building Zone Ordinance.[1]
[1]
Editor's Note: See Ch. 575, Zoning.
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction; to restrain, correct or abate a violation; to prevent illegal occupancy of a building, structure or premises; or to prevent illegal acts, conduct or business in or about any premises. These remedies shall be in addition to penalties otherwise prescribed by law.
[Amended 4-5-1988 by L.L. No. 1-1988; 3-20-2012 by L.L. No. 6-2012]
A. 
It shall be unlawful:
(1) 
For any person to fail to comply with the requirements of this article.
(2) 
For any person to use, occupy, or maintain any building or other structure or portion thereof in violation of any provision of this article or of any provision of the State Building Code, or of any rule or regulation of the Building Inspector adopted in accordance with applicable laws.
(3) 
For any person to fail in any manner to comply with a notice, directive, or order of the Building Inspector.
(4) 
For any person to construct, alter, or repair any building or other structure, or part thereof, in a manner not permitted by an approved building, plumbing, or other permit if any of such is required by this article.
(5) 
For any person to use or occupy any building or other structure, or part thereof, in a manner not permitted by a certificate of occupancy or certificate of completion, if either of such is required by this article.
(6) 
For any property owner, once work has commenced pursuant to a building permit, to allow a building permit to expire prior to the completion of the work and the issuance of a certificate of occupancy or certificate of completion, if one would have been required had the work been completed pursuant to the permit, unless, by the date of such expiration, the owner and/or applicant has fully complied with the provisions of § 237-11 of this article.
(7) 
For any person having been served with an order issued pursuant to § 237-13A of this article to fail to comply with such order within the time fixed for compliance therewith or within 30 days after service of such order, whichever is less.
(8) 
For any person with knowledge of an order issued pursuant to § 237-13A of this article to violate such order.
B. 
Each day that a violation of this section shall continue shall be deemed a separate and distinct offense.
C. 
Any person found guilty of this section, or any other provision of this article, or of an applicable provision of the State Building Code, if a penalty is not otherwise provided for in this chapter, shall be punishable by a fine not exceeding $1,000 or imprisonment for not more than 15 days, or both.
D. 
Except as otherwise provided 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.
A. 
All fees prescribed in this section and § 237-26 shall be collected by the Village Clerk, and no permits shall be issued by the Building Inspector until such fees have been paid.
B. 
The "estimated cost," herein referred to, means the amount of money that would ordinarily be expended for good, safe construction in the erection of the complete building or structure, exclusive of interior decoration.
C. 
A preliminary estimated cost shall be determined by the Building Inspector prior to issuance of a building permit. A final estimated cost shall be determined prior to issuance of a certificate of occupancy or completion. To aid in this final determination, the applicant, after completion of construction, shall file with the Building Inspector an affidavit of his total construction costs. In addition, the Building Inspector is authorized to fix, by regulation, a schedule of square feet and/or cubic feet for buildings or structures of varying types of construction and classes of occupancy to serve as the basis for determining estimated costs.
[Amended 1-4-1983 by L.L. No. 1-1983]
D. 
The payment of a fee, as provided in this section, shall in no way relieve the applicant or holder of the permit of the payment of other fees that may be prescribed by law or ordinance for inspections, certificates, sewer connections, water taps or other privileges or requirements.
E. 
No fees, as provided in this section, shall be refunded after a permit has been granted, by reason of abandonment of the project, revocation of a permit or for willful violation of the provisions of the Building Code.
F. 
Upon the filing of an application for a building permit, the applicant shall pay to the Building Department such percent of the permit fee as shall be prescribed from time to time by the Board of Trustees. In the event the application for the permit is not approved, the amount of such fee that shall be refunded, if any, shall be as prescribed from time to time by the Board of Trustees. The balance of the fee shall be paid upon issuance of the permit. Any increase in fee based upon the final determination of estimated cost or otherwise shall be paid by the applicant prior to issuance of the certificate of occupancy or completion.
[Amended 1-4-1983 by L.L. No. 1-1983; 12-16-2003 by L.L. No. 17-2003]
[Amended 9-16-1976 by L.L. No. 15-1976; 2-6-1979 by L.L. No. 3-1979; 5-5-1981 by L.L. No. 2-1981; 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003; 5-20-2010 by L.L. No. 4-2010]
Unless otherwise expressly provided in this Code, the fees to be charged with respect to obtaining a permit, extending an application, or obtaining a certificate pursuant to this article shall be in such amount as shall be prescribed from time to time by the Board of Trustees.