[Adopted 7-1-1997 by L.L. No. 14-1997 Ch.
8 of the 1971 Code)]
A.
Pursuant to Chapter 707 of the Laws of 1981, New York,[1] the Village of East Hampton accepts the applicability
of the New York State Uniform Fire Prevention and Building Code and
shall enforce said code. Nothing herein shall be construed as limiting
the authority of the Village to implement future local laws which
are more stringent than the state code, and nothing herein shall be
construed to repeal, modify or constitute an alterative to any lawful
zoning regulation which is more restrictive than this chapter or the
state code.
[1]
Editor's Note: See § 370 et seq.
of the Executive Law.
B.
Department of Code Enforcement.
(1)
There is hereby designated in the Village of East
Hampton a Department of Code Enforcement to administer and enforce
the New York State Uniform Fire Prevention and Building Code and the
Code of the Village of East Hampton.
(2)
The Village Board may appoint one or more Code Enforcement
Officers as needed. The compensation of such Code Enforcement Officer
shall be fixed by the Village Board.
(3)
The Board of Trustees shall be responsible for determining
areas of responsibility for the appointed Officer(s) of the Department
of Code Enforcement and may, at its discretion, establish one position
serving as the department head or distribute the duties and responsibilities
of the department amongst its Officers.
A.
Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Code Enforcement Officer shall 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 installation and use of materials and equipment therein and
the location, use, occupancy and maintenance thereof. In addition,
the Code Enforcement Officer shall administer and enforce all the
provisions of laws, ordinances and regulations applicable for the
safeguarding, to a reasonable degree, of life and property from the
hazards of fire and explosion arising from the storage, handling and
use of hazardous substances, materials and devices and from conditions
hazardous to life or property in the use or occupancy of building
or premises.
B.
The Code Enforcement Officer shall receive applications
and issue permits for the erection, alteration, removal and demolition
of buildings or structures or parts thereof and for all activities
or materials regulated by laws, ordinances and regulations and shall
examine the premises for which such applications have been received
or such permits have been issued for the purpose of ensuring compliance
with laws, ordinances and regulations governing described herein.
C.
The Code Enforcement Officer shall issue all appropriate
notices or orders to remove illegal or unsafe conditions and to ensure
compliance with the requirements of such laws, ordinances or regulations.
The Code Enforcement Officer shall make all inspections which are
necessary and proper for the carrying out of his or her duties.
D.
The Code Enforcement Officer shall execute and perform all the duties of a building inspector with respect to the provisions of any chapter or provision of the Code of the Village of East Hampton, including but not limited to Chapter 278, Zoning, and Chapter 101, Coastal Erosion Hazard Areas, which impose a duty upon the Building Inspector or the Building Inspector of the Village of East Hampton.
E.
The Code Enforcement Officers and Traffic Control
Officers of the Village of East Hampton are hereby authorized to issue
and serve an appearance ticket with respect to the violation of statute,
a local law, ordinance, rule or regulation of the Village of East
Hampton, or in the case of the Code Enforcement Officers, with respect
to a violation of any covenant or condition imposed by the Village
Board of Trustees, the Zoning Board of Appeals, the Planning Board
or the Design Review Board as a condition of any change of zone, permit,
special permit, grant, subdivision approval, certificate of appropriateness,
site plan or design approval that such Code Enforcement Officers or
Traffic Control Officers are required or authorized to enforce.
[Added 4-16-2003 by L.L. No. 3-2003;
amended 4-16-2004 by L.L. No. 3-2004; 7-27-2007 by L.L. No. 10-2007]
F.
The Code Enforcement Officers shall have the authority
to approve the installation of design modifications and accessibility
improvements to the exterior of a dwelling without the requirement
of a building permit, subject to the following:
[Added 6-20-2008 by L.L. No. 6-2008]
(1)
A resident of the dwelling shall present documentation
from a licensed physician declaring that one or more residents of
the dwelling requires the construction of design modifications and
accessibility improvements to provide for access or egress aided by
equipment requiring ramps or lifts.
(2)
The construction of said facilities or improvements
meets applicable building code and zoning code[1] requirements for accessibility, except that if there is
no existing entrance to the dwelling from which said improvements
can be constructed in compliance with generally applicable front,
side and rear lot setback or lot coverage requirements, the Code Enforcement
Officer shall have the authority to waive the generally applicable
front, side and rear lot setback or lot coverage requirements and
approve the installation of said facilities in front of an existing
entrance, notwithstanding the nonconforming location of said facilities.
[1]
Editor's Note: See 278, Zoning.
(3)
The duration of the improvement shall be limited to the time period specified by the licensed physician providing the documentation required pursuant to Subsection F(1) hereof, subject to extensions of time upon presentation of further documentation from a licensed medical professional addressing the continued need for the facility or improvement.
G.
The Code Enforcement Officers shall have the authority to review
and approve or deny applications for tent permits, based on the requirements
of the New York State Uniform Fire Prevention and Building Code and
the other provisions of the Code of the Village of East Hampton, including
but not limited to the provisions of the Zoning Code.[2]
[Added 3-15-2013 by L.L. No. 9-2013]
A.
The Code Enforcement Officer shall keep permanent,
official records of all transactions and activities conducted by him
or her, including all applications received, permits and certificates
issued, fees charged and collected, inspection reports and notices
and orders issued. All such records shall be public records, open
to public inspection during business hours.
B.
The Code Enforcement Officer shall, as directed, submit
to the Village Board a written report and summary of all business
conducted by him or her, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.
The Code Enforcement Officer 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 police and fire
officers and all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.
A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, 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 building permit from the Code Enforcement Officer 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 or otherwise required by New York State Uniform
Fire Prevention and Building Code.
B.
Application.
(1)
Application for the building permit shall be made
to the Code Enforcement Department on forms provided by the Department
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 of the building 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)
Such other information as may be reasonably
required by the Code Enforcement Officer to establish compliance of
the proposed work with the requirements of the applicable building
laws, ordinances and regulations.
(2)
Application shall be made by the owner or lessee,
or agent of either, or by the architect, engineer or builder employed
in connection with the proposed work.
(3)
Applicants may confer with the Code Enforcement Officer
in advance of submittal to discuss the Code Enforcement Officer's
requirements for same.
C.
Plans and specifications.
(1)
Each application for a building permit shall be accompanied
by plans and specifications, including a plot plan, drawn to scale,
showing the size of all proposed new construction and all existing
structures on the site, the nature and character of the work to be
performed and the materials to be incorporated, distance from the
lot lines, the relationship of structures on adjoining property, widths
and grades of adjoining streets, walks and alleys and, where required
by the Code Enforcement Officer, details of structural, mechanical
and electrical work, including computations, stress diagrams and other
essential technical data.
(a)
Whenever the plans accompanying an application
are required by the Uniform Code to have the stamp and seal of a licensed
design professional and the original signature of said professional,
such plans shall be submitted in accordance with all pertinent regulations
as set forth in the Uniform Code, State Education Law[1] and all other rules, regulations and laws as they may
apply. Whenever the plans accompanying an application for a structure
which, in the opinion of the Code Enforcement Officer, is of complex
design, the Officer shall require the applicant to file an affidavit
signed by a licensed architect or engineer certifying that the plans
and specifications comply with the provisions of this chapter and
all applicable provisions of the New York State Uniform Code as in
force on the date of the application. In such case the Code Enforcement
Officer may, in his or her discretion, employ a licensed architect
or engineer to examine the plans. The amount by which the cost of
such examination, not exceeding 1/3 of 1% of the estimated construction
cost, is in excess of 1/2 of the permit fee and paid by the applicant
before the permit shall be issued. In the event that the Code Enforcement
Officer employs a licensed engineer or architect under this subdivision,
the Code Enforcement Officer may rely upon the advice of such architect
or engineer as to whether such plans and specifications comply with
this chapter and all applicable provisions of the New York State Uniform
Code.
[1]
Editor's Note: See § 1 et seq. of
the Education Law.
(b)
Whenever the plans accompanying an application
are for a structure which, in the opinion of the Code Enforcement
Officer, is of complex design, the Code Enforcement Officer may, in
his or her discretion, issue the permit subject to the condition that
an architect and/or engineer whose qualifications are acceptable to
the Code Enforcement Officer (and who may already be employed by the
owner or builder) be employed by the owner or builder to supervise
all work done under the permit, to see that the work conforms with
the approved plans and specifications, and forthwith upon its completion
to make and file with the Code Enforcement Officer an affidavit or
affidavits that he or they have complied with all inspection requirements
of this chapter and the work has been carried out according to the
approved plans and specifications of this chapter as well as all other
applicable rules, regulations and codes. In such case the Code Enforcement
Officer may rely upon such affidavit or affidavits as evidence that
such building conforms substantially to the approved plans and specifications
and the requirements of this chapter applying to buildings of its
class and kind.
(2)
Plans and specifications shall bear the signature
of the person responsible for the design of the drawings. All plans
submitted by a licensed professional shall be conforming to the requirements
of both the New York State Uniform Fire Prevention and Building Code
in addition to the New York Education Law(s) and such other rules
and regulations as may be applicable and in force at the time.
(3)
In cases where the proposed work can otherwise be
shown to comply with all requirements of applicable building codes,
ordinances and regulations, the Code Enforcement Officer may waive
the requirement for filing plans.
D.
Amendments to the application or to the plans and
specifications accompanying the same may be filed at any time prior
to the completion of the work, subject to the approval of the Code
Enforcement Officer.
A.
The Code Enforcement Officer 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.
[Amended 10-21-2005 by L.L. No. 19-2005]
B.
Upon approval of the application and upon receipt
of the legal fees thereof, the Code Enforcement Officer shall issue
a permit to the applicant upon the form prescribed by the Code Enforcement
Officer and shall affix his or her signature or cause such legal signature
to be affixed thereto.
C.
Upon approval of the application, one set of such
approved plans and specifications shall be retained in the files of
the Code Enforcement Department.
D.
If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all requirements of the applicable codes, laws
and ordinances, the Code Enforcement Officer shall disapprove the
same and shall return the plans and specifications to the applicant.
Upon the request of the applicant, the Code Enforcement Officer shall
cause such refusal, together with the reasons therefor, to be transmitted
to the applicant, in writing.
A.
A building permit issued pursuant to this chapter shall be prominently
displayed on the property and premises to which it pertains in such
a way as to be clearly visible from the street at all times. Any permit
shall be effective to authorize the commencing of work in accordance
with the application, plans and specifications on which it is based,
for a period of one year after the date of its issuance. For good
cause, the Code Enforcement Officer may allow a maximum of three extensions
for periods not exceeding one year each. No permit may be renewed
until such time as the relevant information in the application is
up to date.
[Amended 7-29-2016 by L.L. No. 10-2016]
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 code(s), ordinances or regulations. All work
shall conform to the approved application, plans and specifications.
[Amended 6-20-2008 by L.L. No. 6-2008; 5-18-2012 by L.L. No. 8-2012; 3-15-2013 by L.L. No. 9-2013; 8-20-2021 by Ord. No. 24-2021]
Upon filing an application for a building permit
or a tent permit, fees shall be payable to the Village Treasurer in
accordance with a schedule of fees which shall from time to time be
fixed by resolution of the Village Board of Trustees. Any such fee
shall be increased by 100% whenever the work subject to a permit has
been started prior to the issuance of the permit. The building permit
fee shall be waived for all modifications to existing buildings relating
to improving access for persons with mobility impairments, including
but not limited to ramps and bathroom renovations.
The Code Enforcement Officer may revoke a permit
theretofore issued and approved in the following instances:
A.
When he or she finds that there has been any false
statement or misrepresentations as to a material fact in the application,
plans or specifications upon which the permit was based.
B.
Where he or she finds that the permit was issued in
error and should not have been issued in accordance with the applicable
law.
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.
Whenever the Code Enforcement Officer has reasonable
grounds to believe that a violation of applicable codes, local laws
or ordinances exists, he or she shall issue a notice of violation.
Similarly, whenever the Code Enforcement Officer has reasonable grounds
to believe that work on any building or structure is being prosecuted
in violation of the provisions of the applicable codes, laws, ordinances
or regulations or is not in conformity with the provisions of an application,
plans or specifications on the basis of which a permit was issued
or is 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
order has been rescinded. All such notices and orders shall be in
writing, shall state the conditions under which the violation may
be abated and the work may be resumed and may be served upon a person
to whom it is directed either by delivering it personally to him or
by posting the same upon a conspicuous portion of the premises or
building and sending a copy of the same by registered mail.
A.
No building or structure hereafter erected or as to
which there has been a change of ownership shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
issued by the Code Enforcement Officer. Upon filing an application
for a certificate of occupancy, fees shall be payable to the Village
Treasurer in accordance with a schedule of fees which shall from time
to time be fixed by resolution of the Board of Trustees.
[Amended 5-18-2012 by L.L. No. 7-2012; 11-20-2015 by L.L. No. 20-2015]
B.
No building or structure hereafter enlarged, extended
or altered, or upon which work has been performed which required the
issuance of a building permit, shall continue to be occupied or used
for more than 30 days after the completion of the alteration or work
unless a certificate of occupancy shall have been issued by the Code
Enforcement Officer.
[Amended 5-18-2012 by L.L. No. 7-2012]
C.
No change shall be made in the use or type of occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Code Enforcement Officer.
D.
The owner or his agent shall make application for
a certificate of occupancy. Accompanying his application and before
the issuance of a certificate of occupancy, there shall be filed with
the Code Enforcement Officer an affidavit of the registered architect
or licensed professional engineer who filed the original plans, or
of the registered architect or licensed professional who supervised
the construction of the work, or of the building contractor who supervised
the work and who, by reason of his 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, that the
structure has been erected in accordance with approved plans and,
as erected, complies with the law governing building construction
except insofar as variations therefrom have been legally authorized.
Such variations shall be specifications in the affidavit.
E.
Any owner of a building in the Village of East Hampton
for which a building number has been established by the Town of East
Hampton shall conspicuously post and display as hereafter set forth
said number in the manner provided for herein. The posting and display
of the building number shall be a prerequisite to the issuance of
a certificate of occupancy. It shall be unlawful to post or maintain
any number on any building other than the one designated for identification
of that building at that address by the Official Map on file in the
office of the Town of East Hampton Assessors.
(1)
Manner of display. Address numbers for all buildings
shall be displayed by permanently affixing or painting numerals, letters
or script stating the number to the front of the building. Where the
building is not close enough to the street or is not readily visible
from the street for a number affixed to the building to be easily
seen from the street, then the address number shall be permanently
affixed to a sign, post or mailbox located at the frontage of the
parcel or lot where the building is situate.
(2)
Style and size of numbers. The numerals, letters or
script used to display the address number of the building shall be
made of metal or other durable material and shall be at least four
inches in height. All numbers shall be displayed so as to be easily
seen from the street by both pedestrians and drivers of vehicles.
[Amended 4-21-2006 by L.L. No. 10-2006]
A.
Before issuing a certificate of occupancy, the Code
Enforcement Officer 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 appropriate from time to time during and upon completion of the
work for which a building permit has been issued.
B.
There shall be maintained by the Code Enforcement
Officer a record of all such examinations and inspections, together
with a record of findings and violations 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 Enforcement Officer
shall issue a certificate of occupancy upon the form provided by it.
Prior to the issuance of a certificate of occupancy, additional fees
may be required based upon any substantial changes in the plans and
specifications which have increased the cost of the work. If it is
found that the proposed work has not been properly completed, the
Code Enforcement Officer shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within a reasonable time.
[Amended 10-21-2005 by L.L. No. 19-2005]
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structures or its several
parts may be put.
Upon request, the Code Enforcement Officer 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.
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable laws, ordinances or regulations,
the Code Enforcement Officer may require the same to be subjected
to tests 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 or
occupy or maintain any building or structure or portion thereof in
violation of any provisions of this chapter, or to fail in any manner
to comply with a notice, directive or order of the Code Enforcement
Officer, or to construct, alter or use and occupy any building or
structure or part thereof in a manner not permitted by an approved
building permit or certificate of occupancy.
B.
Any person who shall fail to comply with a written
order of the Code Enforcement Officer within the time fixed for compliance
therewith and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any person taking part
or assisting in the construction of use of any building who shall
knowingly violate any of the applicable provisions of this chapter
or any lawful order, notice, directive, permit or certificate of the
Code Enforcement Officer made thereunder shall commit a violation
of this chapter. Any person, firm or corporation violating any of
the provisions of this chapter shall, upon conviction thereof, be
subject to a fine not exceeding the sum of $250 for any offense, and
each day that a violation continues shall be deemed to constitute
a separate offense.
C.
This section shall not apply to violations of the
provisions of the New York State Uniform Fire Prevention and Building
Code punishable under § 385 of the Executive Law of the
State of New York[1] nor to violations of the provisions of the Multiple Residence
Law punishable under § 304 of the Multiple Residence Law
of the State of New York.
[1]
Editor's Note: Section 385 was repealed by
L. 1981, c. 707. See now § 382 of the Executive Law.
Appropriate actions and proceedings may be undertaken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and those remedies shall be
in addition to the penalties prescribed in the preceding section.
