In addition to all other authority conferred
by law, the Code Enforcement Officer shall have the following powers
and duties with respect to this chapter:
A. Except as otherwise provided, it shall be the duty
of the Code Enforcement Officer to enforce the provisions of this
chapter and of all rules, conditions and requirements specified hereunder
by the Zoning Board of Appeals and the Planning Board.
B. The Code Enforcement Officer shall review all applications
submitted to the Town of Union Vale pursuant to this chapter and shall
either act directly on the application or refer the application to
the appropriate agency or person.
C. The Code Enforcement Officer shall have the right
to enter upon, examine and inspect or cause to be entered, examined
or inspected any building or property at any reasonable time for the
purpose of carrying out his duties and to determine compliance with
the provisions of this chapter. A written report of each such examination
and inspection shall be prepared on an appropriate form and kept on
file by the Code Enforcement Officer.
D. The Code Enforcement Officer shall keep a record of
every identifiable complaint of a violation of any provisions of this
chapter and the action taken on each such complaint.
E. The Code Enforcement Officer shall report to the Town
Board and to the Planning Board, at not less than quarterly intervals,
summarizing for the period since the previous report all significant
actions taken in the administration and enforcement of this chapter,
including but not limited to site plans and special use permits required,
certificates of occupancy issued and enforcement actions taken.
[Amended 3-11-2010 by L.L. No. 12-2010]
In addition to all other authority conferred
by law, the Building Official shall have the following powers and
duties with respect to this chapter:
A. It shall be the duty of the Building Official to issue building and demolition permits upon determination as to the conformance of the intended construction or demolition with the requirements of this chapter and as may be more specifically set forth within Chapter
105, Building Construction and Fire Prevention, of the Town Code of the Town of Union Vale.
B. The Building Official shall have the right to enter
upon, examine and inspect any building or property at any reasonable
time for the purpose of carrying out his duties and to determine compliance
with the provisions of this chapter. A written report of each such
examination and inspection shall be prepared on an appropriate form
and kept on file by the Building Official.
C. The Building Official shall maintain files of all
applications for building and demolition permits and plans submitted
therewith and records of all related inspections and certificates
of completion. These files and records shall be public records.
D. The Building Official shall report to the Town Board
at monthly intervals, summarizing for the period since the previous
report all building permits and demolition permits issued and enforcement
actions taken.
E. The Building Official shall administer and enforce
the provisions of the New York State Uniform Fire Prevention and Building
Code and any local law governing the disposition of unoccupied or
unsafe buildings and structures.
[Amended 3-11-2010 by L.L. No. 12-2010]
A. Issuance of building permits. Except as provided for in Article
IV, §
210-17, of this chapter as pertains to portable, and other minor, accessory structures, no person shall commence or cause to be commenced the erection, construction, enlargement, alteration or reconstruction of any building or structure, including the undertaking of excavation therefor, or substantial alteration of or additions to related facilities such as sewage disposal systems, electrical systems, water supply systems, including plumbing or drainage facilities, until the Code Enforcement Officer has issued a certificate stating that the proposed use complies with all applicable provisions of this chapter and the Building Official has issued upon request of the applicant a building permit stating that the proposed building or structure or modification of an existing building or structure complies with all applicable provisions of the New York State Uniform Fire Prevention and Building Code.
(1) The application shall be made either by the owner
or agent of the owner or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner, or similar legal instrument executed by the owner, that
the proposed work is authorized by the owner and that the applicant
is authorized to make such application.
(2) The application shall include three copies of the
completed form application for a building permit and shall be accompanied
by the required fee as set forth within the fee schedule established
and annually reviewed by the Town Board and the following information:
(a)
Three copies of building plans and construction
specifications bearing the signature of the person responsible for
the design and drawings. Such plans and specifications for all buildings
shall carry the official seal of a registered architect or licensed
professional engineer to attest that they conform to all requirements
of the New York State Uniform Fire Prevention and Building Code except,
as specified in § 7307 of the State Education Law, in the
case of the following exempt applications:
[1]
Alterations, costing $20,000 or less, to any
building or structure which do not involve changes affecting the structural
safety or public safety thereof.
[2]
Farm buildings, including barns, shed, and other
buildings used directly and solely for agricultural purposes.
[3]
Residence buildings of gross floor area of 1,500
square feet or less, not including garages, carports, porches, cellars
or unhabitable basements or attics.
(b)
Three copies of a plot plan or Planning Board-approved site plan, if applicable, with the plot plan drawn to scale and accurately dimensioned and showing the location and size of all proposed new construction and all existing structures on the site, the nature of he work to be performed and the materials to be incorporated, distance from lot lines or property boundaries and such other information as may be required by either the Code Enforcement Officer or the Building Official to determine compliance with this chapter, including conformance with all required building setbacks set forth either in the District Schedule of Area and Bulk Regulations found at Article
IV, §
210-11, or elsewhere throughout Article
IV, of this chapter, and other applicable regulations, including the requirements of the New York State Uniform Fire Prevention and Building Code.
(c)
To the extent such are not provided on the completed
application form or by either the building plans and specifications
or the submitted plot or site plan, the following data shall be otherwise
provided in writing:
[1]
A description of the land on which the work
is to be done.
[2]
A statement of the use or occupancy of all parts
of the land and the building(s) or structure(s) thereon.
[3]
An estimate of the valuation of the proposed
work.
[4]
The full name and address of the owner and the
applicant, and the names and addresses of their responsible officers
if they are corporations or like entities.
[5]
Evidence that all water supply and sanitary
sewage installations shall conform to regulations administered by
the Dutchess County Health Department.
[6]
Evidence of a driveway access and/or work permit
from the appropriate authority or jurisdiction, i.e., the New York
State Department of Transportation, the Dutchess County Department
of Public Works or the Town Highway Superintendent.
[7]
Evidence of the issuance of any other permits,
approvals or compliance determinations (e.g., by the New York State
Department of Environmental Conservation or the U.S. Army Corps of
Engineers) required to carry out the intended project.
[8] Evidence of compliance with stormwater management requirements set
forth within Town Code Chapter 122, Erosion and Sediment Control.
[9]
Such other information as may reasonably be
required by the Code Enforcement Officer or Building Official to establish
compliance of the proposed work with the requirements of the New York
State Uniform Fire Prevention and Building Code and other pertinent
laws, ordinances, codes, rules and regulations, including, where applicable,
details of structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data.
(3) Upon issuance by the Building Official, the building
permit shall be effective to authorize the commencing of work in accordance
with the application, plans and specifications, and other supporting
data on which it is based for a period of six calendar months.
(4) The issuance of the 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
all applicable laws, ordinances, codes, rules and regulations. All
work shall conform to the approved plans and specifications and other
supporting data. Amendments thereto may, however, be filed with the
Building Official at any time prior to the undertaking of such modification
and shall further be subject to approval of the Code Enforcement Officer
to the extent that such amendments to the approved plans and the intended
work may affect conformance with any of the requirements of this chapter.
(5) Except as otherwise provided by this chapter, all
work authorized under the building permit shall be completed within
one calendar year of the commencing of work or 18 calendar months
of the issuance of the building permit, whichever shall first occur.
For good cause, the Code Enforcement Officer may allow two extensions
for periods not to exceed six calendar months each.
(6) As a condition of the issuance of the building permit,
the Building Official may require the applicant to name the Town as
an additional insured during the construction period.
(7) Upon completion of the work governed by the building
permit, there shall be filed with the Building Official an affidavit
of the registered architect or licensed professional engineer who
filed the original plans, of the registered architect or licensed
professional engineer who supervised the conduct of the work or of
the superintendent of construction who supervised the work and who,
by reason of his experience, is qualified to superintend the work
for which a certificate of occupancy is sought. This affidavit shall
state that the approved plans of the structure for which a certificate
of occupancy is sought have been examined and that the structure has
been erected in accordance with the approved plans and, as erected,
complies with all other requirements governing building construction
except insofar as variations therefrom have been legally authorized.
Such variations shall be specified in the affidavit and for major
projects documented through submission of an as-built drawing.
(8) Upon completion of the work governed by the building
permit and, where applicable, receipt of the above-cited affidavit,
the Building Official shall conduct an inspection of the work for
which the building permit has been issued. When, after final inspection,
it is found that the heretofore proposed work has been completed in
accordance with the application, plans and specifications, and supporting
data filed in connection with the issuance of the building permit,
or as amended, the Building Official shall issue a certificate of
occupancy. If it is found that the proposed work has not been properly
completed, the Building Official shall order the work completed in
conformity with the building permit and in conformity with applicable
regulations and requirements governing building construction.
B. Issuance of demolition permits. No person shall commence or cause to be commenced the demolition of any building or structure, or part thereof, until the Building Official has issued upon application and payment of the required fee a demolition permit therefor in accordance with applicable Town regulations regarding the disposition of unoccupied buildings or the removal of unsafe buildings and structures. Except where deemed by the Building Official to be an emergency action necessary to protect the public health and safety, no such demolition permit shall be issued either within the Hamlet (H) District or on any other premises governed by Article
V, §
210-48D(3), of this chapter until the application for demolition permit has been reviewed and a certificate of appropriateness issued by the Planning Board.
C. Approval of stormwater pollution prevention plans.
No person shall commence any work for which the preparation of a stormwater
pollution prevention plan is required pursuant to the requirements
of Town Code Chapter 122, Erosion and Sediment Control, until the
stormwater pollution prevention plan has been submitted to and approved
by the Code Enforcement Officer in his role as Stormwater Management
Officer in accordance with the procedure and requirements set forth
therein.
D. Issuance of certificates of occupancy or use. Except as provided in §
210-17B of this chapter, no use shall be established or land or structure occupied or otherwise used until the Building Official and/or Code Enforcement Officer, as applicable, has issued a certificate of occupancy stating that the use, land and structure comply with all applicable provisions of this chapter. In particular, the following requirements shall be strictly met:
(1) No building hereafter erected shall be used or occupied
in whole or in part unless a certificate of occupancy shall have been
issued by the Building Official stating that the building and its
intended occupancy comply with the requirements of the New York State
Uniform Fire Prevention and Building Code and the intended use of
the building and related lands has been reviewed by the Code Enforcement
Officer and determined to be in conformance with all other applicable
requirements of this chapter.
(2) No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall be occupied or used, or in the case of
an established occupancy shall continue to be occupied or used, for
more than 30 calendar days after the completion of the alteration
or work, unless a certificate of occupancy shall have been issued
by the Building Official stating that the building and its intended
occupancy comply with the requirements of the New York State Uniform
Fire Prevention and Building Code and the intended use of the building
and related lands has been reviewed by the Code Enforcement Officer
and determined to be in conformance with all other applicable requirements
of this chapter.
(3) No change shall be made in the specific use or type
of occupancy of an existing building unless a certificate of occupancy
authorizing such change has been issued by the Building Official stating
that the building and its intended occupancy comply with the requirements
of the New York State Uniform Fire Prevention and Building Code and
the intended use of the building and related lands has been reviewed
by the Code Enforcement Officer and determined to be in conformance
with all other applicable requirements of this chapter.
(4) No use of land permitted as a principal use or accessory use under the District Schedule of Use Regulations set forth at Article
III, §
210-10, of this chapter shall be established in any zoning district nor a change in a specific existing use of land made prior to the issuance of a certificate of occupancy by the Code Enforcement Officer stating that the intended use has been determined to be in conformance with all applicable requirements of this chapter. The above notwithstanding, such certificate of occupancy shall not be required for those agriculture, conservation or farm uses that are permitted in all zoning districts under this chapter nor for the establishment of accessory uses customarily incidental to principal residential uses, such exception not to be construed, however, as including farm industries, home occupations or accessory dwelling units.
(5) No home occupation or farm industry permitted as an accessory use under the aforementioned District Schedule of Use Regulations and §§
210-31 and
210-42C, respectively, of this chapter, shall be established prior to the issuance of a certificate of occupancy by the Code Enforcement Officer, which certificate shall be separate from the certificate of occupancy governing the principal residential or farm use of the premises. Prior to issuing a certificate of occupancy for any such use involving occupancy of a building or structure, the Code Enforcement Officer shall require that the applicant provide certification from the Building Official stating that the building or structure has been constructed and/or may be occupied for the intended purpose in accordance with applicable provisions of the New York State Uniform Fire Prevention and Building Code.
(6) Every certificate of occupancy with respect to a building or structure and/or land for which a special use permit has been issued or site plan approval has been granted by the Planning Board or in connection with which a variance has been issued by the Zoning Board of Appeals shall contain a detailed statement of any conditions to which the same is subject and include, by attachment, a copy of the applicable Planning Board and/or Zoning Board of Appeals decision. No such certificate of occupancy shall be issued prior to the applicant's compliance with related requirements set forth in Article
VI, §
210-60B, and Article
VII, §
210-66E and
F, of this chapter.
E. Issuance of sign permits. No person shall commence the installation of any sign except upon application for, and issuance of, a sign permit by the Code Enforcement Officer pursuant to, and in accordance with, the requirements set forth within Article
V, §
210-26, of this chapter.
F. Issuance of permits for fences and walls. No person shall commence the installation, whether by replacement or new construction, of any fence or wall within any required yard except upon application for, and issuance of, a fence or wall permit by the Code Enforcement Officer pursuant to, and in accordance with, the requirements set forth within Article
V, §
210-27, of this chapter.
G. Issuance of driveway construction permits. No person shall commence the installation of an individual private or common driveway intended for purposes of residential access, present or future, except upon application for, and issuance of, a driveway construction permit by the Code Enforcement Officer pursuant to the requirements of and in accordance with the standards set forth within Chapter
111, Driveways, of the Town Code.
H. Whenever, in the opinion of the Code Enforcement Officer,
in the case of the use of any building or land, or the Building Official
in the case of work on any building or structure, after proper examination
and inspection, there appears to be a violation of any provision of
this chapter, or of any rule, condition or requirement established
pursuant thereto, he shall, on his own initiative, serve a written
notice of the alleged violation upon the owner of the property, the
owner's agent or the persons performing the work. Such notice shall
inform the recipient of the nature and specific details of such alleged
violation and the date of compliance by which the alleged violation
shall be remedied or removed, which date shall be not less than 20
calendar days from the date of service or such additional time as
deemed necessary by the Code Enforcement Officer or, as may be applicable,
the Building Official. Service shall be by registered mail addressed
to the owner as set forth on the latest assessment roll or the address
on the application for building permit or other Town approval. Service
shall be considered completed either upon depositing said notice in
a stamped envelope in a mailbox maintained by the United States Postal
Service or upon personal service.
I. Issuance
of stop orders. Whenever the Code Enforcement Officer, in the case
of the use of any building or land, or the Building Official, in the
case of work on any building or structure, has reasonable grounds
to believe that such activity is occurring in violation of the provisions
of this chapter, not in conformity with any application made, including
the accompanying plans and specifications, permit granted or other
approval issued hereunder or in an unsafe and dangerous manner, the
Code Enforcement Officer or the Building Official, as applicable to
the particular action being undertaken, shall promptly notify the
owner of the property, the owner's agent or the persons performing
the work to suspend work on any such building or structure or the
use of any such land. Such person or persons shall forthwith suspend
such activity until such time that the issuing party has in writing
rescinded the stop order. Such stop order and notice shall be in writing,
shall state the conditions under which the work or use may be resumed
and shall be served by delivering it personally or by posting the
same upon a conspicuous portion of the building or other structure
under construction or the premises in use. In addition, a copy of
the stop-work order shall be sent the owner by registered mail.
J. Revocation of building permits. The Building Official
may order the revocation of an approved building permit in the following
instances:
(1) Where he finds that there has been any false statement
or misrepresentation as to significant material fact in the application,
plans or specifications on which the building permit is based.
(2) Where he finds that the building permit was issued
in error and should not have been issued in accordance with the applicable
provisions of this chapter or the New York State Uniform Fire Prevention
and Building Code.
(3) Where he finds that the work performed under the building
permit is not being completed in accordance with the provisions of
the application, approved plans or specifications.
(4) Where the person to whom a building permit has been
issued refuses to comply with a stop order issued by the Building
Official.
K. Taking of emergency action.
(1) If in the opinion of the Code Enforcement Officer
or the Building Official, the latter as applicable in the case of
building construction, a violation exists which requires immediate
action to avoid a direct hazard or imminent danger to the health,
safety or welfare of the occupants of a building or to other persons,
the Code Enforcement Officer or Building Official, as applicable,
may direct that such violation be immediately remedied or may take
direct action on his own initiative to abate the hazard.
(2) The owner, occupant or person responsible for the
violation shall pay to the Town any costs incurred in undertaking
such action. The Code Enforcement Officer or Building Official, as
applicable, shall keep on file an affidavit stating with fairness
and accuracy the items of expense and date of execution of action
taken and is furthermore authorized to institute a suit, if necessary,
against the person liable for such expenses in order to recover said
costs.