[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. The Building Inspector may waive the requirement for filing
plans and specifications for minor alterations.
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]
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 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.
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.
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.