Village of Ocean Beach, NY Chapter 64 Building Construction

[HISTORY: Adopted by the Board of Trustees of the Village of Ocean Beach 9-15-1979 by L.L. No. 4-1979 as Article XXI of the 1951 Code of Ordinances. Amendments noted where applicable.[1]]

GENERAL REFERENCES

Electrical standards — See Ch. 80.

Fire prevention — See Ch. 87.

Zoning — See Ch. 164.

[1] Editor's Note: The Board of Trustees accepted the applicability of the New York State Building Code 8-18-1979 by resolution. A copy of the New York State Building Code is on file in the Clerk's office and may be examined there.

§ 64-1 Appointment of Building Inspector.

The Mayor, with the advice and consent of the Board of Trustees, may appoint one Building Inspector or more, as the need may arise, whose compensation and terms of office shall be fixed by the Board of Trustees.

§ 64-2 Acting Building Inspector.

In the absence of the Building Inspector or in the case of his inability to act for any reason, the Mayor may appoint a person to act in his behalf and to exercise all of the powers conferred upon him by this chapter. The term of appointment for the Acting Building Inspector shall not exceed six months, and any reference hereinafter made to the Building Inspector shall be deemed to include the Acting Building Inspector for the term of his appointment.

§ 64-3 Restrictions on Building Inspector.

[Amended 9-22-2001 by L.L. No. 1-2001]

A. No Building Inspector (or Acting Building Inspector) shall engage in activity inconsistent with his/her duties or inconsistent with the interests of the Village.

B. No Building Inspector (or Acting Building Inspector) shall review, approve, issue orders or act upon, in any manner, any plans, specifications and/or applications that have been prepared and/or submitted by himself/herself.

C. No Building Inspector (or Acting Building Inspector) shall review, approve, issue orders or act upon, in any manner, any plans, specifications and/or applications that have been prepared and/or submitted by any entity, business or individual to whom the Building Inspector (or Acting Building Inspector) is related or has or has had a business/professional relationship within the previous twelve-month period.

D. Nothing in this provision shall prohibit the Building Inspector (or Acting Building Inspector) from holding the office of Building Inspector together with or as an additional duty to any other appointive office of the Village, provided that such additional office or duty does not create a conflict of interest.

[Amended 12-8-2001 by L.L. No. 3-2001]

§ 64-4 Powers and duties of Building Inspector.

A. Except as otherwise specifically provided by law, ordinance, rule or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances, rules and regulations applicable to the construction, alteration, repair, relocation, removal and demolition of buildings and structures; the installation and use of materials and equipment therein; and the location, use, occupancy and maintenance thereof.

B. He shall recommend rules and regulations to be promulgated by the Board of Trustees to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repairs.

C. He shall receive applications, approve or disapprove plans and specifications and issue permits for the erection, alteration, removal, repair 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 applicable laws, ordinances and regulations.

D. He shall issue in writing all appropriate notices or orders to remove illegal, unsafe or otherwise offensive conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may, in his discretion, accept written reports of inspection from licensed, experienced, professional persons and generally recognized and authoritative service and inspection bureaus or agencies.

E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances, rules and regulations, he may require the performance of tests in the field by experienced professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. He may, in his discretion, accept and rely on written reports of such tests.

F. He shall issue a certificate of occupancy, in accordance with § 64-13 where appropriate for a building constructed or altered in accordance with this chapter, the Zoning Law[1] and the State Building Construction Code.

[1] Editor's Note: See Ch. 164, Zoning.

G. The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications, together with accompanying documents, plans approved, copies of all permits and certificates issued, fees charged and collected, inspection reports, rules and regulations promulgated and notices and orders issued. All such records shall be public records open for inspection during regular business hours.

H. The Building Inspector shall annually on May 31 submit to the Board a written report and summary of all business conducted, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.

§ 64-5 Application for building permit.

A. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, relocation, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, land area and indigenous vegetation, or cause the same to be done, without first obtaining a separate building permit for each such building, structure or activity, except for those items which the Building Inspector, with the approval of the Board of Trustees, has determined require an approved ordinary repair and maintenance permit.

[Amended 9-2-1989 by L.L. No. 7-1989; 4-26-2008 by L.L. No. 1-2008; 11-2-2019 by L.L. No. 6-2019]

B. An application for a building permit shall be made to the Building Inspector, on a form provided by him, by the owner of the building or the owner's authorized agent employed in connection with the proposed work. A statement, indicating that the applicant has familiarized himself with this Building Code and the Zoning Law,[1] shall be affixed to the application and will constitute an integral part of the building permit application. The application must be signed by the owner or his authorized agent.

[Amended 4-26-2008 by L.L. No. 1-2008]

(1) An application for an ordinary repair and maintenance permit shall be made to the Building Inspector, on a form provided by him, by the owner of the building or the owner's authorized agent employed in connection with the proposed work. The scope of such work shall be for ordinary repair and maintenance. A list of approved work shall be attached to the permit. This list will contain items and repairs which the Building Inspector, with the approval of the Board of Trustees, determined to be of an ordinary repair and maintenance nature.

[1] Editor's Note: See Ch. 164, Zoning.

C. Each application for a building permit for new construction shall be accompanied by such documents, plans and specifications as the Building Inspector may, from time to time, require to enable said Building Inspector to determine compliance with the provisions of this chapter, Chapter 164 and the New York State Building Code. Every building permit for new construction of 100 square feet or more shall include a landscape plan (See § 164-28A of the Village Code) certified by a licensed architect, engineer or professional landscape architect.

[Amended 9-2-89 by L.L. No. 7-1989; 9-8-2007 by L.L. No. 5-2007; 11-2-2019 by L.L. No. 6-2019]

D. Each application for a building permit for alterations to existing structures shall contain such information as the Building Inspector may, from time to time, require to enable him to determine compliance with the provisions of the Zoning Law[2] and of this chapter.

[2] Editor's Note: See Ch. 164, Zoning.

E. No variations or changes in contemplated work as covered by the original application may take place without the prior submission of an application amendment, payment of appropriate amendment fees and written approval of the Building Inspector.

F. Moratorium.

[Added 6-17-1989 by L.L. No. 4-1989; amended 6-2-2007 by L.L. No. 3-2007; 7-14-2012 by L.L. No. 2-2012]

(1) The Board of Trustees finds that a moratorium prohibiting the filing and acceptance for filing and the issuance of applications for building permits for properties in the Bayfront Recreation District for a short period of time is necessary and appropriate to enable the Board of Trustees to study the current zoning laws, rules and regulations and permitted/prohibited uses in said district. The temporary moratorium shall also provide the Board of Trustees the opportunity to consider and contemplate comprehensive planning and zoning changes.

(2) An application for a building permit for properties in the Bayfront Recreation District shall not be filed with the Building Inspector or accepted for filing by the Building Inspector or issued by the Building Inspector for a period commencing July 1, 2012, and terminating June 30, 2013.

(3) The Board of Trustees may, by resolution duly adopted at a Board Meeting prior to June 30, 2013, extend the period of said moratorium for an additional six months (through December 31, 2013).

(4) The Building Inspector may accept and approve any application for a building permit for a property in the Bayfront Recreation District when, in the opinion of said Building Inspector, an emergency exists and the work to be performed pursuant to said application is necessary and cannot be delayed until the expiration of the moratorium.

§ 64-6 Application fees.

A. Building application fees and other charges, as the Board may from time to time determine, shall accompany each application for a building permit.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, regarding refunds on disapproved building permits, was repealed 12-3-2005 by L.L. No. 4-2005.

C. All applications for a building permit must also be accompanied by a deposit in such amount as the Board shall from time to time determine to ensure the clearance of building debris from the site. This sum will be refunded after discarded materials have been removed.

§ 64-7 Issuance of building permit.

A. (Reserved)[1]

[1] Editor's Note: Former Subsection A, regarding the time building permits may be issued, was repealed 12-14-1991 by L.L. No. 5-1991.

B. Upon approval of the application and upon receipt of the legal fees therefor, the Building Inspector shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature thereto.

C. Upon approval of the application, 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; and 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.

D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the applicable laws, ordinances and regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant.

§ 64-8 Term of permit; applicability of zoning provisions.

A. A building permit shall authorize the commencement of work in accordance with the application, plans and supporting papers and shall be valid for a period of one year after the date of its issuance.

B. The issuance of a building permit shall not constitute a waiver, variance or other change of the applicability of this chapter or the Zoning Law,[1] which shall remain in full force and effect notwithstanding the issuance of any permit.

[1] Editor's Note: See Ch. 164, Zoning.

C. The building permit shall be prominently displayed on the job site at all times during the progress of the work, so as to be readily seen from adjacent thoroughfares. It shall not, however, exceed the size of signs permitted by the Zoning Law.[2]

[2] Editor's Note: See Ch. 164, Zoning.

§ 64-9 Limitations on construction; insurance; materials.

A. General provisions.

[Amended 12-14-1991 by L.L. No. 5-1991]

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

CONSTRUCTION

The building, erection, enlargement, alteration, addition, repair, improvement, removal, relocation, demolition, change or modification of any structure, fixture or building, and shall include the delivery of material to the job site.

INTERIOR CONSTRUCTION

Any and all construction of any kind performed within fully enclosed finished exterior walls and a roof, but it shall not be applicable to any construction to accessory buildings or uses.

OUTDOOR CONSTRUCTION

Any and all construction of any kind, except interior construction, as defined above, whether to or for a structure or otherwise, including but not be limited to pools, decks, ramps, porches, stairways and accessory buildings or uses.

(2) No construction of any kind shall be permitted between July 3 and the day after Labor Day in any given year, except as specifically authorized in Subsection A(4) or (5).

(3) Construction must be commenced to ensure that any structure which is to be enclosed by finished exterior walls and a roof shall be enclosed and the roof, floors and walls completed by July 3 of any year. Unless such structure is to enclosed and completed by July 3, no further construction on said structure, either interior or outside, may be performed between July 3 and the day after Labor Day of the same year, except as provided in Subsection A(5). If the structure is to enclosed and completed, construction during the period between July 3 and the day after Labor Day may be permitted pursuant and subject to the conditions of a permit issued under Subsection A(4).

(4) For the period between July 3 and the day after Labor Day in any given year, construction which either satisfies the requirements provided in Subsection A(3) or occurs with respect to an existing structure or premises may be performed subject to the following conditions:

(a) One permit per season (July 3 through the day after Labor Day), limited to a period from one to five consecutive days (excluding Saturdays, Sundays and holidays) for outdoor construction or one to 10 consecutive days (excluding Saturdays, Sundays and holidays) for interior construction, may be issued by the Building Inspector for each premises (house, lot, structure and accessory buildings and uses combined) and upon such terms and conditions as the Building Inspector may deem proper and reasonable. No permit shall be issued unless, in the sole judgment of the Building Inspector, the work may be completed within the appropriate period of time.

(b) The permit may be granted for either interior construction or outdoor construction but not both.

(c) All construction must be completed within the time provided in the permit.

(d) The permit may only allow construction between the hours of 9:30 a.m. and 5:30 p.m. on weekdays (Monday through Friday), including the delivery of materials to the extent authorized.

(e) No extension of time for completion of the construction as provided in the permit shall be permitted.

(f) There shall be no construction on any Saturday, Sunday or holiday for the period commencing on July 3 and ending on the day after Labor Day in any given year.

(5) The Board of Trustees shall have the authority to approve an application for construction, outdoor or interior, not otherwise authorized herein, upon grounds of unavoidable hardship, upon such terms and conditions as the Board of Trustees may deem proper, including but not limited to hours and days of work. The Building Inspector shall have the authority to approve an application for repairs to existing structures and accessory uses not otherwise authorized herein, upon grounds of unavoidable hardship, upon such terms and conditions as the Building Inspector may deem proper, including but not limited to hours and days of work.

B. The Village Board of Trustees wishes to limit and deter the use of plastics and plastic-type materials as the main materials on residential and commercial structures within the Village.[1]

[Added 5-31-2003 by L.L. No. 3-2003; amended 3-5-2005 by L.L. No. 1-2005; 12-3-2005 by L.L. No. 4-2005; 9-8-2007 by L.L. No. 5-2007]

(1) All exterior cladding, decking, skirting, fencing, and similar items used on structures within the Village shall be made of natural wood or any other material approved for such use by the Village Board of Trustees. A list of said materials shall be maintained by the Building Department. Natural wood and approved materials shall be left natural and/or stained or painted.

[Amended 8-9-2008 by L.L. No. 2-2008]

(2) Synthetic, metal, plastic or plastic-type materials shall not be permitted on visible portions of buildings, structures and decks, except as provided herein.

[Amended 11-2-2019 by L.L. No. 6-2019]

(3) Skirting.

[Added 11-2-2019 by L.L. No. 6-2019[2]]

(a) All new construction or substantial improvement of an existing structure and any structure raised to flood zone height requirements shall be provided with skirting to shield the respective foundations of the front and both full sides of the structure. On corner plots, the two public sides shall be fully skirted, plus 3/4 (75%) of the remaining sides continuously with the public sides.

(b) Skirting material shall allow one-inch spaces between wood boards or shall be natural wood lattice of one-half-inch minimum thickness.

[2] Editor's Note: This local law also provided for the renumbering of former Subsection B(3) as Subsection B(4).

(4) Exceptions:

(a) Vinyl trim boards, windows and doors and metal and/or plastic gutters and leaders are permitted.

[Amended 11-2-2019 by L.L. No. 6-2019]

(b) Deck frames, skirt frames and other concealed areas are excluded from § 64-9B.

[1] Editor's Note: Former Subsection B, which provided the times that interior finishing work may be performed, was repealed 12-14-1991 by L.L. No. 5-1991.

C. Insurance.

(1) Each builder engaged in construction within the Village, as covered by Subsection A above, must have in force, at the start of such activities, unless carried by the building owner:

(a) Public liability insurance, which insurance shall name the Village as an insured, in minimum limits as follows:

[1] Personal injury: $100,000 per injured person and $300,000 per accident;

[2] Property damage: $300,000 per accident.

(b) Workmen's compensation and disability benefits insurance as required by the laws of the State of New York.

(2) The name of the insurance carrier or carriers and policy number or numbers shall be stated on the application for a building permit and certificates of coverage filed with the application. Such insurance policies must provide for notice to the Village prior to cancellation thereof.

D. The New York State Building Code will govern the use of building materials, methods and standards, except that the Building Inspector may approve other standards, referenced in the State Building Code, which in his opinion are deemed appropriate to the physical or other needs of the village.

§ 64-10 Revocation of building permit.

The Building Inspector may revoke a building permit theretofore issued and approved where he finds that:

A. There has been a misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

B. The building permit was issued in error and should not have been issued in accordance with the applicable law.

C. The work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

D. The person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Building inspector.

§ 64-11 Stop-work order.

Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of applicable laws, ordinances, rules or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon the person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail to the owner of record and the contractor or builder.

§ 64-12 Right of entry.

The Building Inspector, upon showing the proper credentials and in the discharge of his duties, shall be permitted to enter upon any building, structure or premises without interference, during reasonable working hours.

§ 64-13 Certificate of occupancy required.

A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.

B. No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.

C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy for said use shall have been issued by the Building Inspector after compliance with the Zoning Law.[1]

[1] Editor's Note: See Ch. 164, Zoning.

D. The Building Inspector shall have the power to withhold the issuance of any certificate of occupancy pending the removal of building debris and discarded materials from the building site. If, in the opinion of the Building Inspector, the continued presence of such materials constitutes a hazard to health and safety, he may cause such material to be removed, and the deposit required under § 64-6 shall be forfeited. This remedy shall be in addition to any other remedy permitted by law and this chapter.

E. The owner or his agent shall make application for a certificate of occupancy. This application shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the application. The Board may, from time to time, establish fees for the issuance of a certificate of occupancy.

§ 64-14 Inspections.

A. Before issuing a certificate of occupancy, the Building Inspector shall examine all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.

B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the law.

§ 64-15 Issuance of certificate of occupancy.

A. When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable laws, ordinances, rules and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable laws, ordinances and regulations.

B. A certificate of occupancy shall be issued, where appropriate, within a reasonable time, and in no event more than 60 days after application therefor is made.

C. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable laws, ordinances, rules and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

§ 64-16 Temporary certificate of occupancy.

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 or the public welfare. Such certificate shall state the length of time such structure may be occupied.

§ 64-17 Tests to prove compliance with standards.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable laws, ordinances and regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 64-18 Unsafe buildings.

[Amended 3-4-2017 by L.L. No. 1-2017]

A. All buildings or structures which are not provided with adequate egress, or which are structurally unsafe, unsanitary or otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are, severally, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.

B. The Building Inspector shall examine or cause to be examined every building reported as unsafe or damaged and shall make a written record of such examination. Upon the showing of proper credentials and in the discharge of his duties he may enter any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

C. Whenever the Building Inspector shall find any building, structure or portion thereof to be an unsafe building, as defined in this section, he shall, in the same manner as provided for the service of stop-work orders in § 64-11 of this chapter, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. The written notice shall specify the date and time of the Building Inspector's inspection of the premises, the defect(s) and/or hazard(s) supporting the conclusion that the building is unsafe, and state that the owner has 30 days from the date of the notice to:

(1) Complete the repairs and order reinspection;

(2) If repairs cannot reasonably be completed within 30 days, commence or undertake good-faith efforts, as determined by the Building Inspector, to effectuate the repairs;

(3) Demolish the building, or the portion(s) thereof declared unsafe; or

(4) File a written appeal with the Village Board of Trustees for a hearing in accordance with § 64-18E of the Village Code.

D. If the Building Inspector finds that there is actual and immediate danger of collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Building Inspector. The Building Inspector shall cause to be posted at each entrance to such building a notice stating "This Building Is Unsafe and Its Use or Occupancy Has Been Prohibited by the Building Inspector." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm, corporation or their agents to remove such notice without written permission of the Building Inspector, or for any person to enter the building except for the purpose of making the required repairs or of demolishing said building.

E. In case the owner, agent or person in control cannot be located, or if such owner, agent or person in control shall fail, neglect or refuse to comply with a notice to repair, rehabilitate or demolish and remove said building, structure or portion thereof, the Village Board of Trustees may hold a public hearing to consider the demolition and removal of the building by the Village. A public hearing pursuant to this subsection shall be held upon timely filing of an appeal, as provided in § 64-18C(4). A hearing pursuant to this section shall be held upon no less than 30 days' written notice to the record owner(s) of the property, delivered by first-class mail and certified mail, return receipt requested. In addition, public notice of the hearing shall be posted in the Village and published in the Village's official newspaper no less than 10 days before the scheduled hearing date. The notice shall state the date, time, place and reason for the hearing, and shall further advise that a decision affirming the determination of the Building Inspector may result in partial or total demolition of the building and the imposition of costs and expenses against the owner(s) of record. At the hearing, the Board shall hear all evidence and testimony for and against the Building Inspector's determination. Thereafter, the Board shall render a decision affirming or overturning the Building Inspector's determination and shall direct such further action by the Village as the Board deems necessary and prudent, including, but not limited to, demolition and removal of the building or the portion(s) thereof declared unsafe.

F. In case of emergency, which, in the opinion of the Building Inspector, involves immediate danger to human life or health, he shall promptly cause such building, structure or portion thereof to be vacated, made safe or removed. For this purpose, he may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a Village or private way.

G. Costs and expenses incurred by the Village pursuant to this section, including costs of demolition and legal and administrative fees, shall be paid out of the Village treasury on certificate of the Building Inspector. Such costs and expenses shall then be charged to the owner of the premises and shall become a lien upon the property, to be collected in the same manner as property taxes, if left unpaid for more than 30 days after the mailing of written demand for reimbursement.

H. Notwithstanding anything in this section to the contrary, the procedure set forth in this section shall not be exclusive, and the Village may pursue any and all other actions, proceedings and remedies available under the law for the abatement of an unsafe building situation.

§ 64-19 Penalties for offenses.

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter, as well as any regulation or rule promulgated by the Board of Trustees, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof, in a manner not permitted by an approved building permit or certificate of occupancy.

B. Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building, who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder, shall, upon conviction, be punishable as provided in this chapter.

C. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $250 for each offense. This section shall not apply to violations of the provisions of the State Building Construction Code punishable under § 385 of the Executive Law of the State of New York, nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the State of New York.

§ 64-20 Abatement of offenses.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to the penalties prescribed in the preceding section.