[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.]
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.
(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.
