This chapter shall be enforced by a Building
Inspector, who shall be the Zoning Enforcement Officer, unless otherwise
designated by the Town Board, and his/their duly designated agents
(hereinafter collectively referred to as the "Building Inspector").
The Building Inspector is hereby empowered and authorized to:
A.
Act pursuant to and in accordance with all powers provided in § 138 of the Town Law, and inspect any building, structure, lot or land to determine whether any violation of this chapter; Chapter 128, Fire Prevention and Building Construction, of this Code; the New York State Fire Prevention and Building Code; or any other state or local laws, rules or regulations within his jurisdiction has been committed or exists.
B.
Issue such permits and certificates in conformity
with the laws, rules and regulations of the State of New York and
of this chapter and refuse to issue the same in the event of noncompliance,
which reason therefor shall be endorsed on the application and notice
thereof given to the applicant, as is provided in this chapter.
C.
Keep the Town Board advised of all matters, as the
Town Board shall determine, relating to the enforcement of this chapter
and the appropriate laws, rules and regulations; make and keep all
records necessary and appropriate to the office, including the issuance
and denial of building permits, certificates of occupancy, formal
complaints of violation and the action taken on same; and keep a record
of all permits and certificates of occupancy issued that shall be
available for public inspection.
D.
Issue and post notices of violation, stop orders and
orders directing the remedying of any condition or omission that is
or creates a violation of this chapter or other applicable laws, rules
and regulations and revoke building permits, certificates or occupancy
and certificates.
E.
Make such inspections and reports as shall be required
by the Town Board for the enforcement, amendment or addition to this
chapter or rules and regulations thereunder.
F.
Apply to the Town Board for authorization to perform
such other actions or duties as may be necessary or required to enforce
any authority or to invoke any penalty for the violation of this chapter
and its rules and regulations.
G.
Have the power, right and authority to issue an appearance
ticket, as the same is defined in Article 150 of the Criminal Procedure
Law of the State of New York, for the violation of any section of
this chapter or of any order of the Building Inspector.
No building permit or certificate of occupancy
shall be issued unless the proposed construction or use is in conformance
with all the provisions of this chapter and other applicable laws.
Any person who shall violate any order of the
Building Inspector, issued under this chapter, shall be deemed to
have violated this chapter.
Prior issuance of a building permit is required
for:
A.
Application for a building permit shall be made to
the Building Inspector, on forms provided by him/her, and shall contain
the following information and shall be accompanied with the following
documents and material as may be required by the Building Inspector.
(1)
Each application shall contain the following information:
(a)
A description, agreeing with the Tax Map of
the Town of Blooming Grove, of the land on which the proposed work
is to be done.
(b)
A statement of the use or occupancy of all parts
of the land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of
the applicant, including the names and addresses of each officer and
director of any corporation as is deemed necessary.
(e)
A brief description of the nature of the proposed
work.
(2)
Each application for a building permit shall be accompanied
by plans and specifications, including plot plans as required, drawn
to scale, showing the location and size of all proposed new construction
and all existing structures on the site; the nature and character
of the work to be performed and the materials to be incorporated;
distance from plot lines; widths and grades of adjoining streets;
walks and alleys and, where required by the Building Inspector, details
of structural, mechanical and electrical work, including computations,
stress diagrams and other technical data. Plans and specifications
shall bear the signature of the person responsible for the design
and drawings and, if construction is over $10,000 in value, the architect's
or engineer's original signature and New York State license number.
(3)
Application 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.
(4)
Any amendment to the application or to the plans and
specifications accompanying the same must be filed and approved by
the Building Inspector prior to the completion of the work, and such
amendments shall comply with the provisions of this chapter. The refusal
of such an amendment by the Building Inspector shall be in writing.
B.
The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He/she may obtain a determination from
the Codes Division of any and all applications requiring the same.
He/she shall approve or disapprove of the application within one week
from the receipt of the completed application accompanied by all appropriate
documents and fees or within one week from the receipt of a determination
from the Codes Division.
(1)
Upon approval of the application, the Building Inspector
shall issue a permit upon the form prescribed by him/her and shall
affix his/her signature or cause his/her signature to be affixed thereto
and endorse the plans and specifications to show approval.
(2)
If the application is disapproved by the Building Inspector, he/she shall state the reasons, in writing, and return by certified mail, return receipt requested, the plans and specifications with the written reasons to the applicant and otherwise comply with Subsection A(4) and file each disapproval in the office of the Building Inspector.
C.
One set of such approved plans and specifications
shall be retained in the files of the Building Inspector for such
time as shall be mandated by state law, but not less than two years.
The applicant shall, at all times, keep one set of the approved plans
and specifications, together with the building permit, at the building
site and open to inspection by the Building Inspector at all reasonable
times.
D.
Entity disclosure law.
[Added 10-25-2016 by Ord.
No. 7-2016]
(1)
Legislative findings and intent. The Town Board ("Board") of the
Incorporated Town of Blooming Grove, New York ("Town") hereby finds
that there is a critical and compelling need, in the public interests
as set forth herein, to provide for full and fair disclosure of all
entities making land use applications before the Town to the extent
possible to ensure that any and all potential conflicts of interest
or other ethical concerns are properly disclosed and addressed by
any and all affected parties. The Town finds and declares that there
is no existing law that preempts the adoption of this subsection so
that the public interests in open and transparent government and land
use applications can be promoted by enactment of this subsection to
require all land use applicants to supply information as to all limited
and general members, shareholders, officers and directors or any other
persons having control over such entity which applies for approval
from the Town for any unincorporated areas within the Town. The Town
Board further finds and declares:
(a)
The Town Board finds that, in connection with development or
potential development in the unincorporated portions of the Town,
land use applications may have a significant impact upon the health,
safety and general welfare of the Town, its inhabitants and visitors,
and upon existing uses, public services, traffic and the environment,
in general.
(b)
The Town Board further finds, that under these circumstances,
the Town Board is required to be certain that anyone with any interest
or controlling position of any limited liability company, partnership,
limited partnership, joint venture, doing business name, corporation
or association (hereinafter referred to as the "entity") who applies
for any land use approval or permission from the Town must have no
conflict of interest, and that the disclosure of any member, shareholder,
director, officer, beneficial owner, or authorized person (herein
collectively the "nondisclosed person") is required to be made in
any land use application or request for any approval from the Town
to be certain no conflict of interest exists, and without the disclosure
of that nondisclosed person a meaningful review of any conflict cannot
take place.
(c)
Any "authorized person" as used herein shall mean a person,
whether or not a nondisclosed person, who is authorized to act or
otherwise acts, solely or in conjunction with others, on behalf of
an entity or to direct, influence or otherwise control the entity
in any manner.
(2)
Disclosure requirement.
(a)
Every nondisclosed person for any entity applying for land use
approvals or permission to undertake any construction activity within
the unincorporated portion of the Town shall complete an entity disclosure
statement, in the form approved by the Town Board from time to time
by resolution, and provide all information required in said form.
Said statement shall be affirmed or sworn to under the penalty of
perjury and shall be filed along with any such land use application
or request for permission to undertake any construction activity within
the Town.
(b)
In the event that a land use project that has previously received
approval is sold, assigned or otherwise transferred, whether by transfer
of the property, transfer of the management or operation, or both,
of the entity to another entity, the transferring entity shall notify
the Town in writing, and any such succeeding entity must fully comply
with this subsection before any work or other activity on the project
shall be permitted to proceed, continue, or be completed.
(c)
Said entity disclosure statement shall apply to any land use
approvals or permission sought from the Building Inspector, the Town
Board, the Town Planning Board or the Town Zoning Board of Appeals.
The Town Board, Planning Board and Zoning Board of Appeals shall not
process, hear, rehear, approve or sign any new or pending preliminary
or final site plan, preliminary or final subdivision, special permit,
variance or other land use application or permit which relates directly,
or indirectly, to any construction activity, including but not limited
to any grading permit, erosion and sediment control permit, wetland
permit, sewer connection permit, floodplain development permit, or
water connection permit, which may be granted in association with
any construction, unless the application includes a fully completed
entity disclosure statement signed and either sworn to or affirmed
and submitted with said application to the respective Board.
(d)
An entity disclosure statement is not required for any of the
following activities:
[1]
Construction of a private garage, not in excess of 500 square
feet. Said building shall not be used for any other purpose than the
storage of automotive vehicles;
[2]
Construction of accessory structures, other than garages, not
in excess of 300 square feet;
[3]
Construction of outdoor decks, sidewalks, or porches;
[4]
Construction of outdoor swimming pools;
[5]
Installation of fences;
[6]
Interior or exterior remodeling of a single-family, detached
residential dwelling, in existence and with a valid certificate of
occupancy as of the effective date of this subsection, which does
not involve any change of use or increase the size of the building,
including, but not limited to, window replacement, door replacement,
plumbing improvements, new siding, removal of interior walls, and
similar improvements;
[7]
Installation or removal of home heating oil or propane tanks,
in accordance with all applicable laws;
[8]
Repair, involving the removal and installation of an individual
well or in-ground septic system, for a dwelling in existence and with
a valid certificate of occupancy as of the effective date of this
subsection;
[9]
Construction of a private shed not exceeding 300 square feet;
or
[10]
Other minor improvements to dwellings or residential
lots with an existing certificate of occupancy, after the Building
Inspector has conferred with the Town Board, and the Town Board has
rendered a determination that the improvement falls within the scope
and nature of the exemptions listed herein.
(3)
Penalties for offenses.
(a)
Where an entity or its representative(s) refuses or otherwise
fails to provide the information required under this subsection, the
further processing of such application and any work related thereto
("the application") shall be suspended in all respects, until such
time as the Board or official before which application is submitted
or pending determines that the entity has fully complied with all
provisions of this subsection. In the event any form of transfer of
the property that is the subject of the application occurs, or the
ownership, management or both of the project is transferred in any
manner to another entity during a pending suspension of the application
under this subsection, the application shall remain suspended until
such time as the succeeding entity shall appear before such Board
or official before whom the application is pending and obtain approval
for any continued work in relation to the application, in addition
to compliance with this subsection. The Building Inspector is authorized
to and shall issue a stop-work order on any project where an application
has been suspended under this subsection.
(b)
Any entity or authorized person or representative of an entity that provides no information, false information or grossly inaccurate information, or otherwise makes any misrepresentation in any application, shall, in addition to the suspension of any pending application as set forth in Subsection D(3)(a) above, be subject to a civil penalty of 1% of the stated value of the applicant's project, as reflected in its application, or the fair market value of the applicant's proposed project (whichever is greater) for any violation of this subsection. The Town Building Inspector/Code Enforcement Officer is hereby authorized to issue an appearance ticket or other process for a violation of this subsection.
(c)
Nothing herein shall be deemed to preclude a criminal proceeding
being instituted by the People of the State of New York against the
entity or any of its representatives in the Justice Court or County
Court for any offenses where the conduct committed may constitute
a violation of New York State Penal Law or other criminal statutes.
(d)
Civil penalty. In addition to those penalties prescribed herein
and by state law, any person or entity who violates any provision
of this chapter shall be liable for all reasonable attorney's fees,
costs and disbursements incurred by the Town to recover this civil
penalty in any legal action instituted in the name of the Town. In
any such proceeding to collect a civil penalty or enforcement action,
the Town shall be entitled to collect interest, costs and disbursements
incurred in connection with such proceeding and, in addition, reasonable
counsel fees or a charge to reimburse the Town for expenditures for
appraisers, accountants or other consultants employed by the Town.
(4)
Application of law. This subsection shall apply to all land use applications
to and/or before the Building Inspector, Town Board, Planning Board
or Zoning Board of Appeals pending at the date of enactment of this
subsection. This legislative action by the Town Board is being adopted
by local law, using Municipal Home Rule Law procedures.
(5)
State Environmental Quality Review Act. Pursuant to 6 NYCRR 617.5(c)(20)
and (27), this subsection is classified as Type II action, which requires
no further review under the State Environmental Quality Review Act.
(6)
Severability. If any clause, sentence, paragraph, section, or part
of this subsection shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder hereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part hereof directly involved
in the controversy in which such judgment shall have been rendered.
(7)
Repeal. All ordinances, local laws and parts thereof inconsistent
with this subsection are hereby repealed.
(8)
When effective. This subsection shall become effective immediately
upon being filed with the Secretary of State.
B.
If construction has been commenced within one year
from the issuance of the building permit, but has not been completed,
the permit holder may apply to the Building Inspector for one extension
not to exceed one year measured from the expiration date of the permit,
which extension shall be granted by the Building Inspector upon payment
of 1/2 of the building permit fee initially required and provided
that construction to date conforms to the approved plans and specifications.
No more than one extension shall be permitted.
C.
If construction has not commenced prior to the expiration
date of the permit, the permit holder may apply to the Zoning Board
of Appeals for one extension not to exceed one year measured from
the expiration of the permit upon payment of 1/2 of the building permit
fee initially required, plus such other fee or fees as required for
application the Zoning Board of Appeals. A total of no more than one
extension by the Building Inspector and the Zoning Board of Appeals
shall be permitted.
The Building Inspector may revoke a building permit in any of the following circumstances, subject to the procedures set forth in § 235-83:
A.
That there has been a false statement or misrepresentation
as to a material fact in the application, plans, specifications or
other accompanying documents upon which the building permit was based.
B.
That the building permit was issued in error and should
not have been issued in accordance with the applicable laws.
C.
That the holder or the applicant has failed to meet
the requirements of an approved site development plan or subdivision
plat or requirements of a special permit granted by the Town Board
or Board of Appeals or the requirements of a conditional use approved
by the Planning Board.
D.
That the work being performed under the permit is
not in accordance with the provision of the application, the permit,
the plans or specifications.
The Building Inspector may issue a stop-work order, subject to the procedures set forth in § 235-83, under the following circumstances:
A.
Whenever the Building Inspector shall determine that
work on any building or structure is being or has been conducted in
violation of any of the provisions of the New York State Fire Prevention
and Building Code, state, federal, County or Town laws, rules and
regulations or has failed to meet or violates any requirement of any
approved site plan, subdivision plan, special permit, conditional
use permit or any permit granted pursuant to a variance, including,
but not limited to, the required drainage, grade or elevation plans,
sewer and septic plans, approved road profile plans and such other
plans or specifications upon which a building permit was issued or
that any work is being conducted in a dangerous or unsafe manner,
then the Building Inspector shall notify the owner of the property
or the owner's agent or the person performing the work to suspend
and halt work.
B.
Such direction by the Building Inspector (a stop-work
order) shall be in writing and delivered to the owner or the owner's
agent or the person performing the work or affixed to any part of
said structure.
C.
Such stop-work order shall state the reasons therefor
and the conditions under which the work may be resumed.
D.
Should work continue in violation of the stop-work
order, the Building Inspector may, without further notice, revoke
the building permit and, if there is a certificate of occupancy, revoke
the same.
A.
No building or structure shall be used or occupied,
in whole or in part, unless or until a certificate of occupancy is
issued by the Building Inspector and then only in conformity with
said certificate.
B.
Temporary certificate of occupancy. A temporary certificate
of occupancy may be issued for a period of 90 days, and extended,
upon request, for not more than three additional ninety-day periods,
for a building, structure or part thereof where the entire work is
not completed; provided, however, that such portion or portions of
the building or structure for which the certificate is issued may
be occupied safely; and, further, provided that the property owner
agrees to post a cash deposit with the Town in an amount recommended
by the Planning Board and approved by the Town Board to secure the
timely completion of the uncompleted work.
C.
No change shall be made in the use or occupancy of
a building or structure unless a certificate of occupancy authorizing
the change of use shall have been issued. A change in use or occupancy
shall include, but not be limited to, a change in or of the type,
class, nature or scope of the goods, services or operation. No certificate
of occupancy authorizing a change in use of any building or structure
other than a single- or two-family dwelling or permitted use accessory
thereto may be issued until after the Planning Board has granted site
plan approval.
A.
A certificate of occupancy shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies, for the purposes therein
stated.
B.
Before issuing a certificate:
(1)
The owner or his/her agent shall make application
for a certificate of occupancy. Accompanying this application, and
before the issuance of a certificate of occupancy, there shall be
filed with the Building Inspector an affidavit of the owner or the
registered architect or licensed professional engineer who filed the
original plans or of the registered architect or licensed professional
engineer who supervised the construction of the work or of the superintendent
of construction who supervised the work and who, by reason of his/her
experience, is qualified to superintend the work for which the certificate
of occupancy is sought. This affidavit shall state that the deponent
has examined the approved plans of the structure for which a certificate
of occupancy is sought and that the structure has been erected in
accordance with approved plans and, as erected, complies with this
chapter and these regulations and the requirements of any approved
subdivision, plat or site plan, except insofar as variations therefrom
have been legally authorized. Such variations shall be specified in
the affidavit.
(2)
The Building Inspector shall examine or cause to be
examined all buildings, structures and sites for which the application
has been filed.
C.
If the Building Inspector shall determine that the
improvement, construction, etc., was made in conformity with the building
permit, he/she shall issue a certificate of occupancy as the case
may be.
If, after the issuance of a certificate of occupancy, the Building Inspector shall determine that there has been a violation of § 235-81 or that there has been a violation or set of circumstances which would authorize the revocation of a building permit pursuant to § 235-78 or 235-79, the Building Inspector may revoke the certificate of occupancy that had been issued.
A.
No order of the Building Inspector, except as otherwise set forth in Subsection B, to revoke a permit or certificate of occupancy or to stop work shall become final until the property owner has been provided notice and an opportunity for a hearing before the Town Board. The property owner shall be provided written notice of the violation(s) or other circumstance(s) which give rise to a permit or certificate revocation or stop-work order. Said notice shall provide the property owner with the opportunity to be heard, with or without an attorney or other representative, before the Town Board to provide facts, information and reasons that a final order to revoke a permit or certificate or to stop work should not be made. The Town Board shall either affirm, affirm with modifications, or reverse the Building Inspector's order.
B.
If, in the Building Inspector's opinion, an order
to revoke a permit or certificate or to stop work must become final
immediately or at a time prior to the Town Board hearing in order
to safeguard the public health, safety or welfare, then the Building
Inspector shall provide reasons in writing for his/her opinion and
the order shall become final on the date set forth in the notice provided
to the permit holder. A hearing to review said final order shall be
held by the Town Board as soon as possible after the order is made
as provided herein.
C.
All notices provided pursuant to this section shall
be delivered to a responsible person at the property or affixed to
the property, and mailed by certified mail, return receipt requested,
to the last known address of the permit holder.
[Amended 1-25-1999 by L.L. No. 1-1999]
A.
Any person who shall violate any provision of this
chapter or who shall build or alter any structure or use of land in
violation of any statement of plan submitted and approved hereunder
or who shall knowingly assist therein shall be punishable by a fine
not to exceed $350 or imprisonment for a period not to exceed 15 days,
or both, for a conviction of a first offense; for a conviction of
a second offense, both of which were committed within a period of
five years, punishable by a fine of not less than $350 nor more than
$700 or imprisonment for a period not to exceed 15 days, or both;
and upon conviction of a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
of not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. Each week's continued violation
shall constitute a separate additional violation. In addition to the
foregoing provisions, the Town shall have such other remedies for
any violation or threatened violation of this chapter as is nor or
may hereafter be provided by law.
B.
Civil penalties.
[Added 11-8-1999 by L.L. No. 6-1999]
(1)
In addition to and not in lieu of the above, any person
who violates any provision of this chapter or who builds or alters
any structure or use of land in violation of any statement or plan
submitted and approved hereunder or who assists therein shall be liable
to the Town for a civil penalty in an amount not to exceed $350 for
a first violation; in an amount not less than $350 nor more than $700
for a second violation committed within a period of five years of
the first violation; and in an amount of not less than $700 nor more
than $1,000 for a third and each subsequent violation committed within
a period of five years of the first violation. Each week's continued
violation shall constitute a separate additional violation.
(2)
Civil penalties may be ordered in any action or proceeding
by any court of competent jurisdiction, including but not limited
to state and federal courts. All penalties shall be paid to the Town.
(3)
The judgment amount of any civil penalty ordered pursuant
to this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
C.
In addition to and not in lieu of the remedies authorized
above, the Town Board or the Enforcement Officer may institute any
appropriate action or proceeding to prevent, restrain, enjoin, correct
or abate any violation or threatened violation of this chapter or
to enforce any provision of this chapter.
[Added 11-8-1999 by L.L. No. 6-1999]
Nothing contained herein shall be deemed to
limit or prevent prosecution pursuant to the Multiple Residence Law
or the Executive Law of the State of New York.
Whenever the Building Inspector, in his/her
capacity as Zoning Enforcement Officer, shall approve or disapprove,
act or fail to act or otherwise perform any of his duties and render
a decision thereon, such decision shall be reviewable by appeal to
the Zoning Board of Appeals. Such appeal shall be taken not more than
60 days after the filing of the decision of the Building Inspector.
No appeals shall be heard by the Board of Appeals if not applied for
within 60 days after the mailing to the applicant of the Building
Inspector's decision, and any appeal or challenge to the Building
Inspector's determination is precluded.
Where a site development plan is required by this chapter, no building permits shall be issued for any buildings or structures on the site until the site development plan has been approved in accordance with Article XI of this chapter.
