Village of Freeport, NY Administrative Provisions

Before the construction or alteration of any structure, including waterfront structures, or any part of a structure, and before the construction or alteration of the plumbing or electric system of any structure or premises is commenced, the owner or lessee or the architect, engineer or builder employed by the owner or lessee shall submit to the Superintendent of Buildings a statement in triplicate, on appropriate blanks furnished by the Superintendent, describing the proposed work, together with such computations. plans and detail drawings as the Superintendent of Buildings may require. Such statement constituting an application for a permit shall be accompanied by a further statement in writing, sworn to before a notary public or commissioner of deeds, giving the full name and residence of each of the owners of the structure, proposed structure or premises and, except as otherwise herein provided, by a diagram of the lot or plot on which the construction is to be made, showing the exact location of any proposed new construction and all existing structures that are to remain, including information as to the occupancy of such structures.

[Amended 9-30-1972]

In the case of an interior alteration or a minor exterior alteration to an existing structure, the filing of a lot diagram shall not be required unless the Superintendent of Buildings deems it to be necessary because of special conditions.

In the case of minor alterations which do not involve a structural change and which, in the opinion of the Superintendent of Buildings, do not require the filing of plans, a statement describing such minor alterations shall be submitted to the Superintendent on such form as he may designate.

When plans are required to be filed and such plans contemplate structural changes or structural work affecting public health or safety, they shall be accompanied by an affidavit of a licensed architect or a licensed professional engineer, stating that he has supervised the preparation of the plans and that, to the best of his knowledge and belief, the structure, if built in accordance with the plans, will conform to this code and will not be in conflict with any provision of the laws of the State of New York, the Zoning Ordinance[1] or any other provision of law applicable thereto, except as specifically noted otherwise.[2]

[1]

Editor's Note: See Ch. 210, Zoning.

[2]

Note: The submission of plans and specifications shall be governed by the requirements of the State Education Law.

If a licensed professional engineer has been employed in the preparation of the structural or mechanical design, the structural or mechanical plans shall be accompanied by his affidavit, stating that the structural or mechanical design drawings prepared under his supervision, to the best of his knowledge and belief, conform with the laws governing building construction, except as specifically noted otherwise.[3]

[3]

Note: Plans for the construction or alterations of all factories, mercantile establishments and places of public assembly over which the New York State Department of Labor has jurisdiction must be filed with and approved by the Department of Labor before a permit can be issued by the Superintendent of Buildings.

Authorization of owner to perform work. If the construction or plumbing or gas piping is to be executed by any person other than the owner of the land in fee, the person intending to make such construction or to construct such plumbing shall, either as lessee or in any representative capacity, accompany the application for a permit with a statement in writing, sworn to as aforesaid, giving the full name and residence of each of the owners of the land, structure or proposed structure or premises and reciting that he is duly authorized to perform the work described. Such statement may be made by the agent, architect or engineer of the person hereinbefore required to make the statement.

Permit to demolish a structure. Before any structure or part of a structure is demolished, a statement in writing, on appropriate blanks to be furnished by the Superintendent of Buildings constituting a notice to demolish, shall be submitted to the Superintendent by the owner or any person authorized by the owner, giving the full name and residence of each of the owners of the structure to be demolished, the name and address of the person who is to do the work and such other information respecting the structure as the Superintendent may require. Such notice shall be submitted before the work of demolition is commenced, and a permit shall be issued by the Superintendent upon approval of such notice. The Superintendent shall not issue a permit to demolish unless the Nassau County Department of Health certifies, in writing, that the premises to be demolished was inspected and that no evidence of rodent infestation was found at the time of inspection.

[Amended 2-26-1968]

Permit to move an existing structure. Before any existing structure may be moved from one location to another, the owner or his agent shall submit an application for a permit, giving the full name and residence of each of the owners of the structure to be moved, the name and address of the person who is to move the structure, a description of the method to be used and such other information as the Superintendent of Buildings may require.

Application for modification.

If there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the law, the licensed architect or licensed professional engineer employed by the owner or lessee shall submit to the Superintendent of Buildings as statement in triplicate, on appropriate blanks furnished by the Superintendent, stating the nature of such difficulties or hardships and the proposed means to overcome them.

The Superintendent of Buildings shall have the power to modify a provision of the code with respect to a particular structure and may grant such a modification, provided that the spirit of the law shall be observed and public safety secured, and provided further that the particulars of each application and of the decision of the Superintendent of Buildings thereon shall be entered upon the records of the Department of Buildings.

Amendments to applications. Nothing in this code shall prohibit the filing of amendments to any application at any time before the completion of the work for which a permit was sought, and such amendments, after approval, shall be made part of the application and filed as such.

Ordinary repairs excepted from permit. Ordinary repairs to structures or to the plumbing or drainage thereof may be made without notice to the Superintendent of Buildings, but such repairs shall not be construed to include the cutting away of any wall or any portion thereof; the removal or cutting of any beams or supports; the removal, change or closing of any stairway or required means of exit; the alteration of any house sewer, private sewer or drainage system; or the construction of any waste pipe.

§ 86-7 Issuance of permits.

Approval of applications.

It shall be unlawful to construct any structure or any part thereof or any plumbing until the application required by § 86-6, Applications for permits, shall have been approved by the Superintendent of Buildings and a written permit issued. It shall be the duty of the superintendent of buildings to examine applications for permits or amendments thereto within a reasonable time after filing. If, upon examination, it appears that the proposed work will be in compliance with the statutes, laws, ordinances, rules and regulations applicable thereto and that the proposed construction will be safe, said Superintendent shall approve the application and promptly issue a permit therefor. If said examination reveals otherwise, said Superintendent shall reject such application at once, giving the applicant a written statement of his reason or reasons for rejection.

[Amended 8-20-1990 by L.L. No. 44-1990]

Whenever the permit shall include an excavation for a structure within a business or industrial district, except for one- or two-family residence structures, or an excavation for a multiple dwelling, the owner of the premises in which such excavation is to be made shall furnish the Village with a bond of a surety company, approved by the Board of Trustees in form and approved by the Village Attorney, for an amount fixed and determined by the Superintendent of Buildings to secure the filling in of such excavation or foundation in the event it becomes abandoned. A deposit in cash may be made in lieu of such bond.

In addition to the foregoing, in all eases, other than applications for permits for minor alterations and/or interior alterations, the Superintendent of Buildings shall require compliance with the State Environmental Quality Review Act (SEQRA) and Chapter 110 of the Code of the Village of Freeport, New York, so that he may take into account and vary or request modifications in the qualifying criteria for the issuance of the permit so that any adverse environmental impact which may be created by or result from the proposed construction is mitigated to the extent reasonably possible, provided that such variation, modification and/or mitigation is consistent with all applicable statutes, laws, ordinances, rules and regulations.

[Added 8-20-1990 by L.L. No. 44-1990]

Approval of applications in part. Nothing in this section shall be construed to prevent the Superintendent of Buildings from approving and issuing a permit for the construction of part of a building or structure when plans and detailed statements have been presented for the same before the entire plans and detailed statements of said building or structure have been submitted or approved.

Signature to permit. Every permit issued by the Superintendent of Buildings under the provisions of this code shall have his signature affixed thereto, but this shall not prevent the Superintendent from authorizing any subordinate to affix such signature.

Expiration of permit by limitation.

Any permit issued by the Superintendent of Buildings under the provisions of this article, but under which no work has commenced within three months from the time of issuance, shall expire by limitation. If the work has not begun within the original three-month period, the Superintendent of buildings, upon receipt of a written request showing good cause, may allow an additional three-month extension.

Any project which was begun but not completed within two years from the date of issuance of a building permit shall be deemed abandoned. A new building permit must be obtained if an abandoned project is to be continued. There will not be any refund of any fees if the building permit is forfeited due to reasons of abandonment or limitation.

[Amended 5-22-1972]

Compliance with plans, laws and regulations.

The construction of any structure or of any plumbing shall be in accordance with the approved detailed statement of specifications and plans for which the permit was issued or any approved amendment thereof. The Superintendent of Buildings may require a certified copy of the approved plans to be kept at all times on the premises from the commencement of the work to the completion thereof, except that this requirement may be waived by the Superintendent where compliance is not deemed necessary.

Permits for construction or equipment of a structure issued by the Superintendent of Buildings shall be deemed to incorporate the proviso that the applicant, his agent, employees or contractors shall use only approved materials, appliances and methods of construction and shall carry out the work in accordance with the approved plans and with all requirements of this code and any other laws, ordinances or regulations applicable thereto, whether specified or not.

Adherence to diagrams. The location of any new structure or of any extension to an existing structure shown on the diagram filed, as required by § 86-6, Applications for permits, or on any approved amendment thereof shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of any lot or plot, a diagram of which has been filed with an application to construct or alter and has been used as the basis for a permit, unless the structure for which the permit was issued complies in all respects with the requirements of this code for structures located on plots of such diminished area; provided, however, that this shall not apply to any case m which the lot area is reduced by reason of any street opening or widening or any other public improvement.

Revocation of permits. The Superintendent of Buildings may revoke any permit or approval issued under the provisions of this code in the case of any false statement or any misrepresentation as to a material fact in the application on which the permit or approval was based or any permit or approval issued in error where conditions are such that a permit or approval should not have been issued.

Notification of work commencing. The Building Department shall be notified, in writing, at least 24 hours prior to the starting of work under the building permit.

[Amended 5-22-1972]

Freeport Plaza Urban Renewal Area.

[Added 7-20-1992 by L.L. No. 4-1992]

On May 4, 1992, after numerous and extensive public hearings, the Board of Trustees adopted an urban renewal plan known as the "Urban Renewal Plan for the Freeport Plaza Urban Renewal Area" (hereinafter "the plan" and "the Urban Renewal Area," respectively). On the same date, the Board of Trustees, by resolution, created the Freeport Plaza Architectural Review and Revitalization Board (hereinafter "the Architectural Board"). Pursuant to said Urban Renewal Plan and for its duration, within said Urban Renewal Area the Architectural Board shall exercise the following authority, duties and responsibilities:

To develop design and specification guidelines for all structural work, facades and signage of buildings and structures to be rehabilitated or constructed in said Urban Renewal Area and for the design, construction and landscaping of all off-street parking facilities, whether public or private, located within said Urban Renewal Area; and

To review for consistency with said guidelines and approve all site plans and building permit applications for all structural, facade, signage, parking and landscape design work to be performed within said Urban Renewal Area prior to the final approval of said site plans and permit applications by the Superintendent of Buildings.

As a condition precedent to said review by the Architectural Board, the applicant shall file with the Architectural Board a certification from the Agency that the application and work proposed therein are consistent with the provisions of the Urban Renewal Plan. The Architectural Board shall submit said guidelines to the Agency for final review, modification, approval and adoption by the Agency; and following said adoption, the Agency shall cause said guidelines to be published.

Pursuant to said Urban Renewal Plan and for its duration, within said Urban Renewal Area the Superintendent of Buildings shall continue to exercise his authority and responsibility to review and approve all applications for building permits and all site plans and other plans required to be submitted in conjunction therewith. However, for the duration of the plan, the Architectural Board shall have final approval of all building permits and site plans for all construction, reconstruction or rehabilitation activity or work within the Urban Renewal Area; and no building permit shall be approved, issued or denied and no site plan shall be approved unless and until the Agency shall have certified to the Architectural Board that such proposed construction and use and such site plan are consistent with the plan.

In addition to the foregoing, within the Urban Renewal Area and upon the review and approval of the Architectural Board, the Board of Trustees for the Incorporated Village of Freeport may grant variances from existing Village of Freeport Building Code requirements pursuant to the provisions of Articles 15 and 15-A of the General Municipal Law, provided that the spirit of said Building Code is followed in granting said variances, and provided further that the exercise of said discretion by the Board of Trustees is reasonable and consistent with all other applicable federal and state laws, rules and regulations.

Any determination by the Architectural Board, the Superintendent of Buildings or the Agency with respect to the approval or denial, in whole or in part, of an application for a building permit, a site plan or a variance from the Village's Building Code with respect to any structural, facade, signage, parking and landscape design work to be performed within the Urban Renewal Area and certification as to plan compliance may be appealed by the applicant, the Architectural Board, the Superintendent of Buildings or the Agency within 30 days of the date of said determination and upon notice to all other parties to the Board of Trustees for final determination. A hearing, on not less than 15 days' published notice, shall be held upon such application.

§ 86-7.1 Moratorium on telecommunications towers.

[Added 4-22-2002 by L.L. No. 4-2002]

Purpose.

The Federal Telecommunications Act preserves the authority of local governments over reasonable nondiscriminatory decisions regarding the placement, construction, and modification of wireless telecommunications towers. It appears that there will be a continual interest and need to construct towers to meet demand and accommodate new technologies within the state and the Incorporated Village of Freeport. The Incorporated Village of Freeport has received several requests to locate such towers and accessory uses and expects to receive more requests in the near future to locate such towers and accessory uses.

The Incorporated Village of Freeport has significant concerns over the location of wireless telecommunications towers within the Incorporated Village of Freeport. The zoning regulations of the Incorporated Village of Freeport were adopted at a time before wireless telecommunications towers existed, and appropriate siting and development standards do not exist. The Incorporated Village of Freeport would like to insure that the installation of these towers proceeds in a fashion that minimizes any adverse impacts while maximizing services and benefits to the community. The Incorporated Village of Freeport wants to accommodate the need for wireless telecommunications towers while regulating their location and number; minimize adverse visual impacts through proper design, siting and screening; avoid potential physical damage to adjacent properties; and encourage joint use of tower structures.

TELECOMMUNICATIONS ANTENNA

This section is necessary in order to address the Incorporated Village of Freeport's concerns by barring final decisions on applications for tower construction in order to allow the Board of Trustees time to research the issues and adopt a local law regulating wireless telecommunications towers and accessory uses consistent with the Comprehensive Plan of the Incorporated Village of Freeport. The Incorporated Village of Freeport hopes to develop legislation that will establish a clear and understandable permitting process to guide local officials and businesses. In order to facilitate this effort, the Incorporated Village of Freeport will seek the input of citizens through the public hearing process and will request comments and suggestions from companies that provide wireless services within the area.

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

ACCESSORY USE

An accessory use serves the principal use, is subordinate in area, extent or purpose to the principal use, and is located on the same lot as the principal use. Examples of such uses, include transmission equipment and storage sheds.

A system of electrical conductors that transmit or receive radio frequency waves.

TELECOMMUNICATIONS TOWER

A structure on which one or more antenna will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC licensed carrier, but excluding those used exclusively for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar private, residential communications.

Imposition of moratorium.

For a period of 90 days from and after the effective date of this section, no final decision shall be made on any application for the construction or erection of a telecommunications tower, antenna or accessory use. For the purpose of this section, a final decision shall be deemed to mean any approval which would in any way authorize the construction or erection of a telecommunications tower, antenna or accessory use.

This moratorium may be extended for an additional 180 days at ninety-day increments, upon a resolution duly adopted by the Board of Trustees of the Incorporated Village of Freeport.

The imposition of this section shall not affect the acceptance or processing of new applications, or applications for which approval has been granted prior to the effective date of this section.

Cases involving hardship. The Zoning Board of Appeals for the Incorporated Village of Freeport shall have the power, after a public hearing, to vary or modify the application of any provision of this section upon its determination that this section would impose extraordinary hardship upon an applicant and that a variance from this section will not adversely affect the health, safety and welfare of the Incorporated Village of Freeport. Any request for a variance shall be filed with the Clerk of the Incorporated Village of Freeport. The Incorporated Village of Freeport shall conduct a public hearing on five days' notice and shall make its decision within 20 days of its receipt of the appeal by the Village Clerk.

§ 86-8 Certificates of occupancy.

Certificates of occupancy for new structures.

The occupation or use or permitting the occupation or use of any structure hereafter erected, in whole or in part, for any purpose whatsoever is forbidden until a certificate of occupancy shall have been issued by the Superintendent of Buildings, certifying that such structure conforms substantially to the approved plans and specifications and the requirements of the laws governing building construction applicable to structures of its class and kind.

Upon completion of the installation of foundation walls on all new construction, the owner or his agent shall submit a diagram, prepared by a licensed land surveyor, of the lot or plot on which the foundation has been placed, showing the exact location of newly completed foundations and all other existing structures, and no superstructure shall be erected upon such new foundations until the Superintendent of Buildings shall have approved, in writing, said diagram.

Before such certificate of occupancy shall be issued, the owner or his agent shall submit a diagram, prepared by a licensed land surveyor, of the lot or plot on which the construction has been made, showing the exact location of the newly completed structure and all other existing structures, street grades, sidewalk and curb locations and elevation: the finished grade elevation at the front wall of the structure; and first floor elevation. No such certificate shall be issued until a sidewalk, in full conformity with Village requirements, has been laid or, in the alternative, unless a bond covering the full cost of such sidewalk shall have been posted with the Village for the completion thereof within a reasonable time and certification has been made by the Water Department to the Superintendent of Buildings that the bill for the water used for construction has been paid in full.

Certificates of occupancy for altered structures. The occupancy or use, in whole or in part, for any purpose whatsoever of any structure hereafter altered, which was vacant during the progress of the work of alteration, is forbidden until a certificate of occupancy shall have been issued by the Superintendent of Buildings, certifying that the work for which the permit was issued has been completed substantially in accordance with the approved plans and specifications and the provisions of the laws governing building construction applying to such an alteration, and when the occupancy or use of a structure has continued during the work of alteration, the occupancy or use of the structure shall not continue for more than 30 days after completion of the alteration, unless such certificate shall have been issued.

Certificates of occupancy for existing structures. The present legal occupancy and use of any existing structure may continue, except as may be specifically prescribed by this code or as may be necessary for the safety of life, health or property. Upon written request from the owner, the Superintendent of Buildings shall issue a certificate of occupancy for any existing structure, certifying, after verification by inspection, the occupancy or use of such structure, provided that at the time of issuing such certificate there are no notices of violation or other notices or orders pending in the Department of Buildings. (See § 86-131E)

Change of occupancy. Changes of occupancy or use inconsistent with the last issued certificate of occupancy are forbidden in any structure. Any change of occupancy in an existing structure which would bring it under some special provisions of the laws governing construction is forbidden, unless a certificate is issued by the Superintendent of Buildings, certifying that such structure conforms to the provisions of the laws governing building construction for the proposed new occupancy and use and the proposed use will not be in conflict with any provisions of the laws of the State of New York or the Zoning Ordinance.

Temporary certificates of occupancy. Upon request of the owner or his authorized representative, the Superintendent of Buildings shall issue a temporary certificate of occupancy for part of a structure, provided that such temporary occupancy or use does not in any way jeopardize life or property. Original temporary certificates of occupancy shall be granted for periods of not more than 90 days and be subject to renewal by the Superintendent of Buildings for similar periods of not more than 90 days at the discretion of the Superintendent.

Contents of certificate of occupancy. In addition to the certification required by this article as to compliance with the approved plans and application and with the provisions of laws governing building construction, each certificate of occupancy shall state the purposes for which the structure may be used in its several parts, the maximum permissible live loads on the several floors, the number of persons which may be accommodated in the several stories and any special stipulations of the permit.

Issuance and filing of certificates of occupancy. Certificates of occupancy for a structure shall be issued within 10 days after written application therefor if the structure, at the date of such application, shall be entitled thereto. A record of all certificates shall be kept in the Department of Buildings, and copies shall be furnished, on request and on the payment of the fee prescribed in § 86-9, to any person having a proprietary interest in the structure affected.

Water. No certificate of occupancy shall be issued until water rents for the water consumed during construction have been fully paid nor until the Water Department certifies that a water meter has been duly installed upon the premises.

§ 86-9 Fees for permits and certificates.

[Amended 5-22-1972]

No permits or certificates shall be issued by the Superintendent of Buildings until the applicant has paid to the Treasurer the appropriate fee for the particular permit or certificate sought. The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for a permit or certificate issued pursuant to this chapter.

[Amended 4-27-1981 by L.L. No. 2-1981; 2-26-1990 by L.L. No. 9-1990]

For the purpose of assisting in the determination of the cost of a structure or alterations thereto, the applicant shall furnish and file an affidavit on oath, setting forth the cost of the structure or alteration. The estimated cost of the construction or alteration upon which the fee shall be based shall be determined by the Superintendent of Buildings.

The payment of a fee, as provided in this section, shall in no way relieve the applicant or holder of a permit from the payment of other fees that may be prescribed by law or ordinance for inspection, certificates, sewer connections, water taps or other privileges or requirements.

The foregoing fees in this § 86-9, as well as those in §§ 115-37, 115-55, 162-53 and 201-30, shall be twice the amount set forth therein, if the permit is issued after the work has commenced.

[Added 4-27-1981 by L.L. No. 3-1981][1]

[1]

Editor's Note: Former Subsection E, added 4-27-1981 by L.L. No. 3-1981, relating to electrical permit fees, which immediately followed this subsection, was repealed 2-26-1990 by L.L. No. 10-1990.

§ 86-10 Enforcement.

Duties of Superintendent of Buildings.

The Superintendent of Buildings shall enforce all laws and ordinances relating to the location, construction, alteration, repair, removal, demolition, equipment, use and occupancy and maintenance of structures, except as otherwise provided.

He shall receive all applications required by this Building Code, shall issue permits and shall furnish the prescribed certificates.

He shall make or cause to be made necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely.

He shall have full power to pass upon any question arising under the provisions of this code relative to the plans. manner of construction or materials to be used.

He may order and compel the suspension of any work and prohibit the use of any material or equipment in violation of the provisions of this code and may make or cause to be made such tests as he deems necessary to determine the safety of a structure, material or equipment, which it is his duty to inspect.

(6)

For the purpose of enforcing compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in existing buildings, he shall issue such notices or orders as may be necessary.

Inspections. Inspections required under the provisions of this code shall be made by the Superintendent of Buildings or a duly appointed subordinate, provided that in the case of the inspection of elevators, fuel oil equipment or electric wiring, he may accept reports of inspectors of casualty companies or of other recognized inspection services after investigation of their qualifications and reliability, but no certificate called for by a provision of this code shall be based on such reports unless the same are in writing and certify, over the signature of the person making the inspection and report, that the provisions of this code are complied with and there are no unsafe conditions.

Records of Superintendent of Buildings. All applications, notices and sworn statements required by this article and copies of the approved plans shall be kept on file in the Department of Buildings. Applications shall be promptly docketed as received.

Authority to adopt rules. The Superintendent of Buildings shall have the power to adopt such rules with respect to the materials and mode of construction, consistent with the provisions of this code, as may be necessary to secure the intent and purposes of this code and a proper enforcement of its provisions. For any provisions of this code referring to the rules or requiring approvals of materials or modes of construction, the Superintendent shall adopt such rules as are required or will establish the conditions of approval.

Approved materials, appliances and methods of construction. Whenever any materials, appliances or methods of construction have been approved by the Superintendent of Buildings as conforming to tests prescribed by this code or to any rules adopted thereunder, a list of such materials, appliances and methods of construction shall be kept on file in the Department of Buildings, properly indexed and open to public inspection during business hours.

Right of entry. Any officer or employee of the Department of Buildings, insofar as it may be necessary for the performance of his duties, shall have the right to enter any building or premises in said Village upon showing his badge of office.

Unsafe structures.

Removal or repair of unsafe structures. Any structure or part of a structure or premises that from any cause may now be or shall at any time hereafter become dangerous or unsafe structurally or a fire hazard shall be taken down and removed or made safe and secure. A vacant building, unguarded or open at door or window, shall be deemed dangerous or unsafe or a fire hazard within the meaning of this section. In any instance where there shall be any conflict between this section and the Freeport Village Code, the more restrictive provisions shall prevail.

Record and notice of unsafe structure. Immediately upon the receipt of a report by any officer or employee of the Department of Buildings that a structure or part thereof is unsafe and dangerous, the Superintendent of Buildings shall cause the same to be entered upon a docket of unsafe structures to be kept in his Department, and the owner or one of the owners, executors, administrators, agents, lessees or any other person who may have a vested or contingent interest in the same shall be served with a printed or written notice containing a description of the premises or structure deemed unsafe or dangerous and an order requiring the same to be made safe and secure or removed as may be deemed necessary by the Superintendent of Buildings. Such notice shall require the person thus served to immediately certify to the Superintendent his assent or refusal to secure or remove the same.

Voluntary abatement of unsafe or dangerous conditions. If the person served with a notice specified in Subsection G(2) shall immediately certify his assent to the securing or removal of said unsafe or dangerous structure or premises, he shall be allowed 48 hours after the service of such notice in which to commence the securing or removal of the same, and he shall employ sufficient labor and assistance to secure or remove the same as expeditiously as can be done.

Disregard of notice.

In case of neglect or refusal to comply with said notice within 48 hours, the Superintendent of Buildings shall report the case to the Village Clerk, who shall bring the matter before the Board of Trustees so that it may, as soon as possible, consider the matter and determine what disposition shall be made thereof.

When the Board of Trustees deems a structure unsafe after inspection and hearing held thereon, of which due notice shall be given to all parties interested, they shall immediately notify any and all tenants or occupants of their findings, in writing, and direct the Chief of Police to cause all such tenants or occupants to vacate the premises forthwith. If said tenants or occupants refuse to or neglect to vacate the premises pursuant to said notice, such refusal or neglect on the part of said tenants or occupants shall constitute a violation of this section on the part of said tenant or occupants, and each day of such refusal or neglect shall be deemed a separate and distinct violation.

Fallen structures and structures imminently dangerous.

Recovery of bodies from wrecked structures. In case of the falling of any structure or part thereof in the Village, where persons are known or believed to be buried under the ruins, the Superintendent of Buildings shall cause an examination of the premises to be made for the recovery of the bodies of the killed and injured. Whenever, in making such examination it shall be necessary to remove any debris from the premises, the Highway Department and any other department of the Village, when called upon by the Superintendent of Buildings, shall cooperate with said Superintendent in carrying out the purpose of this section and shall provide suitable and convenient places for the deposit of such debris.

Temporary safeguards for wrecked structures. In case there shall be, in the opinion of the Superintendent of Buildings, actual and immediate danger of the falling of any structure or part thereof so as to endanger life or property, he shall cause the necessary work to be done to render said structure or part thereof temporarily safe until the proper proceedings provided for unsafe structures by this article are instituted.

Vacating structures; closing streets and sidewalks. The Superintendent of Buildings is hereby authorized and empowered in such cases and also where any structure or part thereof has fallen and life is endangered by the occupancy thereof to order and require the inmates and occupants of such structure or part thereof to vacate the same forthwith, and the superintendent may, when necessary for the public safety, temporarily close sidewalks, streets, structures and places adjacent to such structure or part thereof and prohibit the same from being used. The Chief of Police, when called upon by the Superintendent of Buildings to cooperate, shall enforce such orders or requirements.

Laborers and materials. For the purposes of this section, the Superintendent of Buildings shall employ such laborers and materials as may be necessary to perform said work as speedily as possible.

Recovery of costs. The Village Counsel shall institute appropriate actions against the owner of premises where the unsafe structure was located for the recovery of costs incurred by the Superintendent in the performance of emergency work.

Violations.

Issue of notice or orders. All notices of the violation of any of the provisions of this code, and all notices required or authorized by this code directing anything to be done, including notices that any structure, premises or any part thereof is deemed to be unsafe or dangerous, shall be issued by the Superintendent of Buildings and shall have his name affixed thereto.

Contents of notices or orders. Each such notice or order, in addition to the statement of requirements, shall contain a description of the structure, premises or property affected.

Personal service of notices or orders. All such notices and any notice or order issued by any court in any proceeding instituted pursuant to this code to restrain or remove any violation or to enforce compliance with any provision or requirement of this code may be served by delivering to and leaving a copy of the same with any person violating or who may be liable under any provisions of this code or who may be designated as provided in Subsection L(4) and (6) of this section. They may be served an officer or employee of the Department of Buildings or by any person authorized by said Department.

[Amended 10-18-1971]

Notice or order by posting. If the person to whom such order or notice is addressed cannot be found within the Village after diligent search shall have been made for him, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to have been placed or to exist or to which such notice or order may refer or which may be deemed unsafe or dangerous and also depositing a copy thereof in the post office in the Village, enclosed in a sealed postpaid wrapper and addressed to said person at his last known place of residence, which shall be equivalent to a personal service of said notice or order upon all parties for whom such search shall have been made, whether residents or nonresidents of the State of New York.

Emergency measures.

Stopping work; vacating and securing structures. In case there shall be, in the opinion of the Superintendent of Buildings, danger to life or property by reason of any defective or illegal work in violation of or not in compliance with any of the provisions or requirements of this code, the Superintendent or such person as may be designated by him shall have the right and he is hereby authorized and empowered to order all further work to be stopped in and about said structure and to require all persons in and about said structure forthwith to vacate the same and to cause such work to be done in and about the structure as, in his judgment, may be necessary to remove any danger therefrom.

Closing streets temporarily. The Superintendent of Buildings may, when necessary for public safety, temporarily close the sidewalks, streets, structures or places adjacent to said structure or part thereof, and the Chief of Police or any of his subordinates, when called upon by the said Superintendent of Buildings to cooperate, shall enforce all orders or requirements made under this section.

Judicial remedies.

Action or proceeding generally. Whenever the Superintendent is satisfied that any structure or any portion thereof or any plumbing or other mechanical equipment, the construction, removal or demolition of which is regulated, permitted or forbidden by this code, is being constructed, removed or demolished or has been constructed in violation of or not in compliance with any of the provisions or requirements of this code or in violation of any detailed statement of specifications or plans submitted and approved thereunder or of any certificate or permit issued thereunder or that any provision or requirement of this code or any order or direction made thereunder has not been complied with or that plans and specifications for plumbing and other mechanical equipment have not been submitted or filed as required by this code, the Superintendent may, in his discretion, through the Village Counsel, institute any appropriate action or proceeding at law or in equity to restrain, correct or remove such violation or the execution of any work thereon, or to restrain or correct the erection or alteration of or to require the removal of or to prevent the occupancy or use of the structure constructed in violation of or not in compliance with any of the provisions of this code or with respect to which the requirements thereof or of any order or direction made pursuant to any provisions contained therein shall not have been complied with. Any person who shall maintain or continue any structure or any portion thereof or the occupancy or use thereof or any plumbing or other mechanical equipment in violation of any of the provisions of this code, after having been duly notified as in this code provided that such structure or any portion thereof or the occupancy or use thereof or that such plumbing or any mechanical equipment is in violation of any provision of this code, shall be subject to any action or proceeding and any penalty that is provided in this article for the commission of the violation.

Village Counsel to act. The Village Counsel shall institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of this code upon the order of the Board of Trustees of the Village.

Courts having jurisdiction. All courts of civil jurisdiction in the Village shall have cognizance of and jurisdiction over any and all suits and proceedings authorized by this code to be brought for the recovery of any penalty or the enforcement of any provisions of this code and shall give preference to such suits and proceedings over all others. No court shall lose jurisdiction of any action hereunder by reason of a plea that the title to real estate is involved, provided that the object of the action is to recover a penalty for the violation of any of the provisions of this code. All civil courts in said Village are hereby invested with full legal and equitable jurisdiction to hear, try and determine all such actions and proceedings and to make appropriate orders and render judgment herein according to law so as to give force and effect to the provisions of this code.

Restraining order. In any such action or proceeding, the Village may, in the discretion of the Superintendent of Buildings and on his affidavit setting forth the facts, apply to any court of record or to a Judge or Justice thereof for an order enjoining and restraining all persons from doing or causing or permitting to be done any work in or upon such structure or in or upon such part thereof as may be designated in said affidavit or from occupying or using said structure or such portion thereof as may be designated in said affidavit for any purpose whatsoever until the hearing and determination of said action and the entry of final judgment therein. The court or Judge or Justice thereof to whom such application is made is hereby authorized forthwith to make any or all of the orders above specified as may be required in such application, with or without notice, and to make such other or further orders or directions as may be necessary to render the same effectual. No undertaking shall be required as a condition to the granting or issuing of such injunction order or by reason thereof.

Judgment. All courts in which any action or proceeding is instituted under this code shall, upon the rendition of a verdict, report of a referee or decision of a Judge or Justice, render judgment in accordance therewith.

(6)

Lien of judgment. Any judgment rendered in an action or proceeding instituted under this code shall be and become a lien upon the premises named in the complaint in such action to date from the time of filing a notice of lis pendens in the County Clerk's office of the county, wherein the property affected by such action, suit or proceeding is located. Every such lien may be enforced against said property in every respect, notwithstanding the same may be transferred subsequent to the filing of said notice.

(7)

Lis pendens. The notice of lis pendens referred to in this section shall consist of a copy of the notice issued by the Superintendent of Buildings requiring the removal of the violation and a notice of the suit or proceedings instituted or to be instituted thereto. Such notice of lis pendens may be filed at any time after the service of the notice issued by the Superintendent as aforesaid, provided that he may deem the same to be necessary or is satisfied that the owner of the property is about to transfer the same to avoid responsibility for having violated a provision of this code. Any notice of lis pendens filed pursuant to the provisions of this code may be vacated and canceled of record upon an order of a Justice of the court in which such suit or proceeding was instituted or is pending or upon the consent, in writing, of the Village Trustees. The Clerk of the county where the notice is filed is hereby directed and required to mark any such notice of lis pendens and any record or docket thereof as vacated and canceled of record upon the presentation and filing of a certified copy of an order or of consent as aforesaid.

(8)

Costs. In no case shall the Department of Buildings or any officer of the Village by liable for costs in any action, suit or proceedings that may have been or may hereafter be instituted or commenced in pursuance of this code.

(9)

Officers not liable for damages. No officer of the Department of Buildings, acting in good faith and without malice, shall be liable for damages by reason of anything done in any action or proceeding instituted under any provision of this code or by reason of any act or omission in the performance of his official duties.

Judicial orders.

Judicial orders to comply with notices or order. In case any notice or direction authorized to be issued by this code is not complied with within the time designated therein, the Village, by the Village Counsel, may, at the request of the Superintendent of Buildings, apply to the Supreme Court, at a special term thereof, for any order directing the Superintendent to proceed to make the alterations or remove the violation as the same may be specified in said notice or direction.

Judicial orders to vacate for violations. Whenever any notice or direction so authorized shall have been served as directed in this article and the same shall not have been complied with within the time designated therein, the Board of Trustees shall, at the request of the Superintendent of Buildings, in addition to or in lieu of any other remedy provided for by this code, apply to the Supreme Court, at a special term thereof, for an order directing the Superintendent to vacate such structure or premises or so much thereof as he may deem necessary and prohibit the same to be used or occupied for any purpose specified in said order until such notice shall have been complied with.

Responsibility of lessees or occupants. In case any of the notices or orders of the court herein mentioned shall be served upon any lessee or party in possession of the structure or premises therein described, it shall be the duty of the person upon whom such service is made to give immediate notice to the owner or agent of the structure or premises named in the notice if such person shall be within the limits of the Village and his residence be known to such person and, if not within the Village, by depositing said notice in the post office in the Village, properly enclosed in a postpaid wrapper and addressed to such owner or agent at his then known place of residence.

Designation of agent by an owner of a structure. Any owner of real estate or of a structure thereon may execute and acknowledge a written designation of a resident of said Village as a person upon whom may be served any notice of violation, notice to make safe or notice of survey, a summons, a mandate or any paper or process issued under a provision of this code and may file the same with the written consent of the person so designated, duly acknowledged, in the office of the Superintendent of Buildings. The designation must specify the location of the property with respect to which the designation is made and the residences and places of business of the person making it and the person designated. It shall remain in force during the period specified therein, if any, or until revoked by the death or legal incompetency of either of the parties or by the filing of a revocation by either of the parties, duly acknowledged and endorsed with the consent of the Superintendent of Buildings. The Superintendent of Buildings shall file and index each designation and shall note, upon the original designation and index, the filing of a revocation. While the designation remains in force, as prescribed in this section, a notice of violation, notice to make safe or notice to survey, a summons, a mandate or any paper or process under the provisions of this code or either of the same shall be served upon the person so designated in like manner and with like effect as if it were served personally upon the person making the designation, notwithstanding his presence in the Village.

Reimbursement of Village for expenses. The expenses and disbursements incurred in the carrying out of any order issued, as provided Subsection L(2), shall become a lien upon the structure or premises named in the order from the time of filing of a copy of said order, with a notice of the pendency of the action or proceeding as provided in this code taken thereunder, in the office of the Clerk of the county, and the Supreme Court, to whom application shall be made, is hereby authorized and directed to grant any of the orders above named and to take such proceedings as shall be necessary to make the same effectual, and any Justice to whom application shall be made is hereby authorized and directed to enforce such lien in accordance with the Mechanics' Lien Laws[1] applicable to the Village.

[1]

Editor's Note: See Lien Law, Article 2, Mechanics' Liens.

(6)

Multiple dwellings.

All owners of commercial buildings, as defined in § 86-12A(3), and mercantile buildings, as defined in § 86-12A(3)(a), and multiple dwellings, as defined in § 86-12A(4)(a), (b), and (c), shall post in a conspicuous place in a public area in said building a permanent sign indicating the name and street address of a person, firm or corporation within the confines of the incorporated Village of Freeport upon whom process can be served or upon whom any notice of violation, notice to make safe, notice of survey, a summons, a mandate or any other paper or process issued under the provision of this code may be served with regard to said building or structure.

The requirements of this subsection shall also apply to a two-family dwelling where both dwelling units are rented or leased by the owner and thereby are not owner occupied.

(c)

The requirements of this subsection shall also apply to a one-family dwelling which is rented or leased by the owner and thereby is not owner occupied.

Penalties.

General penalties.

[Amended 4-17-1978 by L.L. No. 12-1978; 3-23-1992 by L.L. No. 1-1992]

Any person or persons, association or corporation who shall knowingly and willfully violate any of the provisions of this chapter or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter or repair or has erected, constructed, altered or repaired a structure in violation of any statement or plan submitted and approved thereunder or of a permit or certificate issued thereunder, shall be guilty of a violation, as defined under the Penal Law of the State of New York, and subject to a fine of not more than $1,000, imprisonment for not more than 15 days, or both such fine and imprisonment for each such violation. The owner of a structure or premises or part thereof where anything in violation of this chapter shall be placed or shall exist and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violation shall each be guilty of a separate violation and subject to a fine of not more than $1,000, imprisonment for not more than 15 days, or both such fine and imprisonment, for each such violation.

Each and every day (twenty-four-hour period) that a violation continues shall constitute a separate violation.

Abatement. The imposition of the penalties herein prescribed shall not preclude the Village Counsel from instituting any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent an illegal act, conduct, business or use in or about any premises.