Village of Thomaston, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston 2-11-1991 by L.L. No. 2-1991 (Ch. 40 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Electrical standards — See Ch. 84.
Erosion and sediment control and stormwater management — See Ch. 85.
Flood disaster protection — See Ch. 100.
Housing standards — See Ch. 116.
Multiple dwellings — See Ch. 126.
The Uniform Fire Prevention and Building Code of the State of New York shall be applicable in the Village of Thomaston.[1]
[1]
Editor's Note: See § 370 et seq. of the Executive Law.
It is the purpose of this article to provide for the effective administration of the Uniform Fire Prevention and Building Code of the State of New York[1] in order to fulfill responsibilities of the Village toward the public health, safety and general welfare. Any reference to the "Building Code" shall be deemed to be a reference to the Uniform Fire Prevention and Building Code of the State of New York.
[1]
Editor's Note: See § 370 et seq. of the Executive Law.
A. 
There is hereby designated in the Village a public official, to be known as the "Code Official" or "Building Official," who shall be appointed by the Mayor with the approval of the Village Board, at a compensation to be fixed by the Board. The term "Code Official" or "Building Official," as used in this article, shall refer to the individual charged with the enforcement of the Building Code.
B. 
A Building Commission for the Village of Thomaston is hereby established, to consist of the Mayor and two Trustees designated by the Board of Trustees. The Building Commission shall approve all building permits and certificates of occupancy prior to issuance.
The Mayor may appoint one or more Building Inspectors, as the need may appear, to act under the supervision of the Code Official and to exercise any portion of his or her powers and duties. The compensation of such Building Inspectors shall be fixed by the Village Board.
No officer or employee of the Village shall engage in any activity inconsistent with his or her duties or with the interests of the Village, nor shall he or she, during the term of his or her employment, engage directly in any building construction or alteration or building repair business in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Village, except that this provision shall not prohibit any employee engaging in such activities in connection with the construction, alteration or repair of a building or structure owned by him or her and not constructed for sale.
Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, the Code Official shall:
A. 
Administer and enforce all the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installment and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.
B. 
Have the power to adopt and amend rules to secure the intent and purpose of this chapter and a proper enforcement of the laws, ordinances and regulations governing building construction.
C. 
Receive applications and issue permits for the erection, alteration and removal of buildings or structures or parts thereof, and examine the premises for which such applications have been received or such permits have been issued, for the purposes of ensuring compliance with the laws, rules and regulations governing building construction.
[Amended 9-13-2004 by L.L. No. 4-2004; 4-13-2009 by L.L. No. 2-2009]
C.1. 
Receive applications and issue permits for demolition of buildings or structures or parts thereof.
[Added 4-13-2009 by L.L. No. 2-2009]
(1) 
Such demolition permits shall be issued subject to such reasonable conditions as may be imposed by the Code Official to protect the public health, safety and welfare, which conditions may include the following, without limitation:
(a) 
Provisions for removal of rubbish, foundations and construction debris;
(b) 
Requirements for adequate fencing of the site;
(c) 
Satisfactory documentation that all persons and entities engaged in the demolition hold any required licenses and have appropriate insurance, including insurance endorsements naming the Village as an additional insured for liability purposes;
(d) 
Satisfactory documentation that all debris and material removed from the site will be disposed of in compliance with all applicable legal requirements;
(e) 
A period of time within which all demolition shall be conducted and completed and removal of all debris shall be completed;
(f) 
A requirement that all utilities at the property or at or in the adjoining street shall be disconnected or shut off in compliance with requirements of the applicable utility companies;
(g) 
Documentation of all other necessary approvals as required by law, including the Nassau County Department of Health;
(h) 
A surety bond or other security in an amount and in form satisfactory to the Code Official to ensure the payment of any costs, including reasonable and necessary legal expenses, which may be incurred by the Village for the enforcement of permit conditions or completion of demolition and/or removal of debris in the event the permit holder fails to comply with any of the permit conditions;
(i) 
Any other conditions which the Code Official determines are reasonably necessary to protect the public health, safety and welfare and adjoining properties.
(2) 
Any person or entity performing demolition work in the Village shall promptly, upon demand restore and repair to the satisfaction of the Village Superintendent of Public Works any damage to any public property (including streets, sidewalks, roads, lampposts, signs, trees or landscaping) which is caused by, or results from, the demolition work or any other activity in connection with such demolition work.
(3) 
The Code Official, or the designee of such Official, shall have the authority to enter upon and inspect the subject premises at all times during the period in which any demolition permit is in force, for the purpose of inspecting the premises and demolition work to assure that all work is being performed in accordance with the permit requirements and all applicable laws, rules and regulations.
(4) 
No demolition permit shall be issued without payment of a permit fee in an amount established by the Board of Trustees.
D. 
Issue all appropriate notices or orders to remove illegal or unsafe conditions and to require the necessary safeguards during construction and, to ensure compliance during the entire course of construction with the requirements of such laws, ordinances and regulations, make all inspections which, in the judgment of the Code Official, are necessary or proper for the carrying out of the duties of the Code Official, except that written reports of inspection from Building Inspectors or other employees of the Village or from generally recognized and authoritative service and inspection bureaus may be accepted in lieu of any such inspections, provided that the same are certified by the responsible official making such reports.
[Amended 6-12-1991 by L.L. No. 6-1991]
E. 
Have the right to require the performance of tests in the field by experienced professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction.
F. 
Receive and 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.
G. 
Have the right to enter any building or premises in the Village at any reasonable hour upon showing his or her badge of office, so far as may be necessary for the performance of his or her duties.
H. 
Have the power to issue appearance tickets as provided by law.
The Code Official shall keep official records of all transactions and activities conducted by him or her, including all applications received, permits and certificates issued, fees charged and collected and inspection reports and notices or orders issued in accordance with New York State Education Department laws or regulations.
The Code Official may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the appropriate Police, Fire and Health Departments and all municipal or other officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.
A. 
No person or entity shall commence the erection, construction, enlargement, alteration, roof replacement, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Code Official for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
[Amended 9-13-2004 by L.L. No. 4-2004]
B. 
Contents of application; procedure.
(1) 
Application for a building permit shall be made to the Code Official on forms provided by him or her and shall contain the following information:
(a) 
A description 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 the proposed building or structure.
(c) 
The valuation of the proposed work.
(d) 
The full name and address of the owner and of the applicant and the names and addresses of their responsible officers if any of them are corporations.
(e) 
A brief description of the nature of the proposed work.
(f) 
A duplicate set of plans and specifications, as set forth in Subsection C of this section.
(g) 
Such other information as may reasonably be required by the Code Official to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.
(2) 
Applications shall be made by the owner(s) or lessee or agent of either or by the architect, engineer or builder employed in connection with the proposed work and authorized, in writing, by the owner(s). The Code Official shall require a separate application to be filed for an elevator 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 information contained in the application to construct or alter. Nothing in this section shall prevent the Code Official from requiring such additional information as may be necessary to an intelligent understanding of any proposed work.
C. 
Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan and property survey, 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; the distance from lot lines; the relationship of structures on adjoining property, including the grades thereof; widths and grades of adjoining streets, walks and alleys; and, where required by the Code Official, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Each application shall also be accompanied by a copy of the most recent tax bill for the subject property. The plans and specifications submitted with each application for work costing or estimated by the Building Inspector to cost more than two thousand five hundred dollars ($2,500.) or involving structural changes or work shall bear the signature of the person responsible for the design and drawings and, where required by Education Law § 7302, as amended, the seal of a licensed architect or a licensed professional engineer. The Code Official may waive the requirement for filing plans and specifications for minor alterations.
[Amended 11-13-1991 by L.L. No. 9-1991]
D. 
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Village and approval received from the Building Official prior to the commencement of such change of work.
E. 
No permit shall be issued until proof, in the form satisfactory to the Industrial Commissioner of the State of New York and the Code Official, that workers' compensation insurance covering all operations on the building for which a permit is required has been submitted to the Code Official and recorded by him or her for inspection by representatives of the New York State Department of Labor.
A. 
The Code Official shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He or she shall approve or disapprove the application within a reasonable time.
B. 
Upon approval of the application and upon receipt by the Village Clerk of the fees thereof and approval by the Building Commission, the Code Official shall issue a building permit to the applicant upon the form prescribed by him or her and shall affix his or her signature or cause his or her signature to be affixed thereto. 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 Code Official, 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 Code Official or his or her authorized representative at all reasonable times.
C. 
If the 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 building regulations, the Code Official shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Code Official shall cause such disapproval, together with the reasons therefor, to be transmitted to the applicant in writing.
A. 
A building permit shall be effective to authorized the commencement and continuation of substantial work in accordance with the application, plans and specifications upon which it is based. Such substantial work shall commence within three (3) months after issuance of such permit. All work shall be completed within one (1) year after issuance in the case of a permit for residential construction and within two (2) years after issuance in the case of all other construction.
[Amended 9-28-1993 by L.L. No. 14-1993]
(1) 
Such construction shall continue actively until completion. A failure to continue such construction on an active basis for more than thirty (30) days shall constitute an abandonment of the permit, unless the permit is continued by written order of the Building Inspector.
(2) 
For good cause, the Building Inspector may allow a maximum of two (2) extensions of a building permit, for six (6) months each. Thereafter, no extension of a building permit shall be allowed without the approval of the Board of Trustees and the payment of such fee as may be provided by law.
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 building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.
C. 
The building permit card shall be displayed prominently on the job site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares.
D. 
No building permit may be transferred, assigned or otherwise dealt with to permit its use by a person other than the person to whom it was originally issued without the prior consent of the Board of Trustees upon written application in such form as may be required by the Code Official.
The Code Official may revoke a building permit previously issued in the following instances:
A. 
Where he or she finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
B. 
Where he or she finds that the building permit was issued in error and should not have been issued, in accordance with applicable laws.
C. 
Where he or she 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 building permit has been issued fails or refuses to comply with a stop order issued by the Code Official.
A. 
Demolition.
(1) 
No building shall be demolished, in whole or in part, before a permit therefor is obtained from the Code Official upon an application, in writing, executed by the owner(s) or a person authorized, in writing, by the owner, setting forth the full name and residence of each of the owners of the building to be demolished, the name and business address of the person who is to do the work and such other information with respect to the building as the Building Inspector may require. Such application shall be submitted not less than forty-eight (48) hours before the work of demolition is to be commenced, and the applicant shall notify the Code Official and the Nassau County Health Department at least twenty-four (24) hours before starting work.
(2) 
Any demolition permit issued hereunder shall expire at the end of six (6) months from the date of issuance.
(3) 
In granting any demolition permit hereunder, the Code Official may impose reasonable conditions where necessary to protect the public health, safety or general welfare.
B. 
Removal or repair. Any structure, part of a structure or premises which may at any time become structurally dangerous or unsafe or which, in the opinion of the Code Official, is likely to become a fire hazard shall be taken down promptly and removed or made safe and secure. Any vacant or abandoned building unguarded or open at a door or window shall be deemed dangerous, unsafe and a fire hazard within the meaning of this subsection.
C. 
Inspection. Upon receipt of information which forms the basis for a reasonable belief that a structure or part of a structure or premises is unsafe or dangerous, it shall be the duty of the Code Official to make an inspection thereof and cause a written report to be entered at the office of the Village Clerk as a permanent record of the Village.
D. 
Notice or order to abate. In the event that the Code Official determines, after investigation and inspection, that a structure or part thereof or any premises is structurally unsafe or dangerous or creates a fire hazard, a notice to that effect shall be served on the owner or the owner's legal representatives or any other person having a vested or contingent interest in the structure or premises. Such notice shall be served either personally or by certified mail addressed to the last known address of the owner or legal representatives or other person having a vested of contingent interest in said structure or premises. Such service shall be deemed sufficient if made either personally or by certified mail to the person whose name appears as the owner upon the last assessment roll completed and filed in the office of the Village Clerk. In the event that such service shall be made by certified mail, a copy thereof shall be posted on the premises affected. Such notice shall contain a statement of the particulars in which the building or structure is unsafe or dangerous and shall also contain an order requiring the same to be made safe and secure or removed and may establish a date by which such repair, alteration or removal shall be completed.
Whenever the Code Official has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances 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 or she 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 persons 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 reason for the stop order and the conditions under which the work may be resumed and may be served upon the person to whom it is directed, either by delivery personally to him or her or by posting the same upon a conspicuous portion of the building under construction or being worked upon and sending a copy of the same by certified mail to said person.
In the event of the abandonment of any building project, it shall be the duty of the holder of the permit or the owner of the premises, his or her agent or duly authorized representative to backfill any open excavation up to the street or ground level. In case the construction of the building or structure has proceeded beyond the cellar excavation, all uncompleted structures or openings shall be completely boarded up in a manner satisfactory to the Code Official so as to prevent access to the building or structure, in order to limit and prevent danger to persons or property and possible fire hazards and to present a neat appearance.
A. 
No building which is to have a total floor area in excess of 500 square feet shall be constructed except under the supervision of a professional engineer or architect licensed or registered in the State of New York. The permit application and plans shall be signed by the engineer or architect who will supervise the construction of such building and shall have his or her professional seal affixed. In the event that such engineer or architect shall, for any reason, discontinue his or her supervision of the construction of the building at any time prior to the completion, he or she shall notify the Code Official of such fact, in writing, immediately, 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 Code Official certifying that supervision of the construction has been resumed by another or the same engineer or architect.
B. 
No certificate of occupancy will be issued for a building having a total floor area in excess of 500 square feet until as-built plans and a final certificate by the engineer or architect who supervised the construction are filed with the Code Official, establishing and certifying that the building was, in fact, erected in conformity with the plans therefor filed with and approved by the Code Official.
No person shall engage in the business of plumbing or do any plumbing work within the Village unless he or she shall be duly licensed by and have a proper bond on file with the Town of North Hempstead.
The Code Official may, in his or her discretion, require certification from an applicant or his or her agent, pursuant to § 905.5 of the New York State Uniform Fire Prevention and Building Code, that the lead content of the solder complies with the applicable law. Where such certification has been requested and has not been supplied, the Code Official shall not issue any certificate of occupancy or certificate of completion for the premises.
[Amended 9-28-1993 by L.L. No. 18-1993]
All buildings hereafter constructed shall be provided with proper leaders for conducting water from the roofs. In no case shall the water from leaders be allowed to flow upon the sidewalk or public roads. The water from the leaders shall be conducted below the surface by proper pipe or pipes to a dry well or other approved manner of disposal. In new buildings, leaders may be placed inside a wall.
[Added 3-10-2008 by L.L. No. 2-2008]
A. 
No portable toilet shall be placed at any construction site without a permit from the Building Inspector. Any such permit shall be valid for a period of time to be determined by the Building Inspector, not to exceed three months, and any such permit may be extended once by the Building Inspector for a period of time not to exceed three months. Any further extensions of such permit shall be granted only by the Board of Trustees.
B. 
No portable toilet shall be placed in the front yard or driveway of any property.
C. 
The Board of Trustees may establish and from time to time amend a fee schedule for permits for portable toilets.
A. 
General. Except as otherwise provided by law, no part of a building hereafter erected or altered shall project beyond the property line.
B. 
Projection permits revocable. Any permission, expressed or implied, to construct part of a structure so as to project beyond the building line is revocable at will by the Board of Trustees.
C. 
Areas. Every area existing when this chapter becomes effective that is open at the top and that projects into any street or public walk shall be covered at the top with an iron or steel grating set flush with the sidewalk.
D. 
Cellar stairs and cellar doors. Every entrance or stairs leading to a cellar existing when this chapter becomes operative and which projects beyond the building line and into the public highway shall have such opening covered with a flush-type door or doors. When such entrance is covered by a door or doors, it shall not be permitted to remain open except when in actual use for ingress to and egress from such cellar. All such entrances and stairs shall have adequate safeguards as determined by the Code Official.
E. 
Projection prohibited by other law not legalized. Nothing in this chapter shall be deemed to authorize any projection beyond the building or property line that is prohibited by any other law or ordinance.
A. 
When excavation does not exceed four feet. If such excavation is not intended to be or shall not be carried to a depth of more than four feet below the curb, the owner of any wall, building or structure the safety of which may be affected by said excavation shall preserve and protect the same from injury and support the same by proper foundation and, when necessary for that purpose, shall be permitted to enter upon the premises where such excavation is to be made. In case such wall, building or structure, however, is so located that the curb to which it is properly referred is at a higher level than the curb to which the excavation is referred, such part of any necessary underpinning or foundation as may be due to the difference in curb level shall be made and maintained at the joint expense of the person causing the excavation to be made and the owner of such wall, building or structure.
B. 
Code Official may act. If the person whose duty it shall be under the provisions of this chapter to properly guard and protect an excavation or to prevent adjoining earth from caving in or to preserve or protect any wall, building or structure from injury shall neglect or fail to do so after having had a notice from the Code Official, such Official may enter upon the premises and employ such labor and furnish such materials and take such steps as, in his or her judgment, may be necessary to prevent the same from becoming unsafe and dangerous, at the expense of the person whose duty it is to keep the same safe and secure.
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 Code Official. No improvement to property shall be used or occupied, in whole or in part, until a certificate of completion shall have been issued by the Code Official. Whenever the term "certificate of occupancy" is used in this chapter, the provisions hereof shall be applicable to a certificate of completion.
B. 
No building or improvement 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 ten (10) days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Code Official.
C. 
No change shall be made in the use or type of occupancy of an existing building or improvement unless a certificate of occupancy authorizing such change shall have been issued by the Code Official.
D. 
The owner or his or her agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy for new construction and/or major alterations involving structural change, there shall be filed with the Building Official an affidavit by the registered architect or licensed professional engineer who filed the original plans or by the registered architect or licensed professional engineer who supervised the construction of the work or by the superintendent of construction who supervised the work and who, by reason of his or 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 the 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 affidavit. There shall also be filed an affidavit of final cost, a final survey and a New York Board of Fire Underwriters' certificate.
E. 
In addition to the certification, when required by this section, as to compliance with approved plans and specifications and with provisions of the law, all certificates of occupancy shall state the purpose for which the building(s) shall be used in the several parts, the maximum permissible live loads on the several floors, the number of persons that may be accommodated in the several stories in case such number is limited by any provision of all applicable ordinances or the approved specifications and all stipulations of the permit, if any.
Before issuing a certificate of occupancy, the Code Official shall examine or cause to be examined 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 or she may conduct such inspections as he or she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained in the Village Office a record of all such examinations and inspections, together with a record of findings of violation of the law.
A. 
When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Code Official shall issue a certificate of occupancy.
B. 
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 building and zoning laws, ordinances 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.
Upon request, the Code Official 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. A temporary certificate of occupancy shall remain effective for a period not exceeding three (3) months from its date of issuance. For good cause, the Board of Trustees may allow a maximum of two (2) extensions, for periods not exceeding three (3) months each.
Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not comply with the requirements of the applicable building laws, ordinances or regulations, the Code Official may require the same to be subjected to tests, at the applicant's expense, in order to furnish proof of such compliance.
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 provisions of law or rules promulgated by the Code Official in accordance with applicable laws or to fail in any manner to comply with a notice, directive or order of the Code Official or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
Any person who shall fail to comply with a written order of the Building Official within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or his or her agent or any other person taking part in assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Building Official made thereunder shall be guilty of a violation, which shall be punishable as provided by law. Each day that a violation continues shall be deemed a separate offense.
Appropriate actions and proceedings may be taken by the Village at law or in equity, at the direction of the Mayor or the Board of Trustees, 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 penalties otherwise prescribed by law.
No oversight or dereliction of duty on the part of the Code Official or on the part of any employee of the Village shall legalize the erection, construction, alteration, removal, 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 to the provisions of an 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 Chapter 203, Zoning.
[Amended 11-26-1996 by L.L. No. 17-1996]
All internal electrical installations must comply in all respects with the National Electrical Code, as amended, at the date of installation. All such work shall be filed with, and approved by, the electrical inspector.
A. 
When prohibited. Within the fire limits, any existing frame, wood or other combustible structure which, in the judgment of the Code Official, may be damaged from any cause whatsoever to an amount greater than one-half (1/2) of its value, exclusive of foundations, shall not be repaired or rebuilt but shall be taken down, except that, if said frame building shall have been occupied exclusively as a one-family residence when said building is damaged by fire or otherwise as mentioned above, the amount of permissible damage shall be increased to seventy-five percent (75%).
B. 
In case the owner or owners of the structure which may be damaged or in need of repairs shall be dissatisfied with the decision of the Code Official as to the extent of such damage or required repairs, the extent shall be determined by competent engineers, architects or builders of at least ten (10) years' experience, one (1) appointed by the Code Official, one (1) by the owner or owners of the structure and, in case these two (2) do not agree, one (1) selected by them jointly. The report of these shall be reduced to writing and, when signed by any two (2) of them, shall be conclusive. No building which is the subject of a survey shall be in any manner repaired, altered or rebuilt until after the decision of the surveyors shall have been rendered. The expense of the expert appointed by the owner shall be paid by him or her; the expense of the expert appointed by the Code Official shall be paid by the Village; and the expense of the third expert shall be paid in equal parts by the owner and the Village.
A. 
All fees prescribed in this chapter shall be collected by the Code Official and promptly remitted to the Village Clerk-Treasurer, and no permits or certificates shall be issued by the Code Official until such fees have been paid. The Code Official 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. The estimated cost, which shall be 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 of the structure, shall be determined by the Code Official.
B. 
Any fee for a permit or license not otherwise provided for by law may be established by resolution of the Board of Trustees.
C. 
Except as otherwise provided by law, every license shall expire on the 31st day of December of the year in which it is issued, but may be renewed without examination for each succeeding year upon payment, on or before January 31 of such succeeding year, of such fee as may be fixed by law.
The powers enumerated in this chapter shall be interpreted liberally to effectuate the purposes thereof and shall not be construed as limitations of powers.
In any case where a provision of this chapter is found to be in conflict with the provisions of any building, fire, safety or health law, ordinance or code of this Village, the provision which establishes the higher standard for the promotion and protection of the health, safety and welfare of the people shall prevail.