[Amended 6-25-2002 by L.L. No. 2-2002; 11-21-2006 by L.L. No. 12-2006]
A. Permit required; exceptions.
(1) Except as otherwise provided in Subsection
A(2) of this section, a building permit shall be required for any work, which must conform to the New York State Uniform Fire Prevention and Building Code ("New York State Uniform Code") and this Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof or the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit approved by the Superintendent of Buildings.
(2) Exemptions. No building permit shall be required for
work in any of the following categories:
(a)
Construction or installation of one-story detached
structures associated with one- or two-family dwellings or multiple
single-family dwellings (townhouses) which are used for tool and storage
sheds, playhouses or similar uses, provided the gross floor area does
not exceed 100 square feet;
(b)
Installation of swings and other playground
equipment associated with a one- or two-family dwelling or multiple
single-family dwellings (townhouses);
(c)
Construction of temporary motion-picture, television
or theater stage sets and scenery;
(d)
Installation of window awnings supported by
an exterior wall of a one- or two-family dwelling or multiple single-family
dwellings (townhouses);
(e)
Painting, wallpapering, tiling, carpeting, or
other similar finish work;
(f)
Installation of listed portable electrical,
plumbing, heating, ventilation or cooling equipment or appliances;
(g)
Replacement of any equipment, provided the replacement
does not alter the equipment's listing or render it inconsistent with
the equipment's original specifications; or
(h)
Repairs, provided that such repairs do not involve:
[1]
The removal or cutting away of a load-bearing
wall, partition, or portion thereof, or of any structural beam or
load-bearing component;
[2]
The removal or change of any required means
of egress, or the rearrangement of parts of a structure in a manner
which affects egress;
[3]
The enlargement, alteration, replacement or
relocation of any building system; or
[4]
The removal from service of all or part of a
fire-protection system for any period of time.
(3) The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection
A(2) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or this Code.
B. Every application for a building permit shall be in
triplicate and sworn to by the applicant authorized, in writing, by
the owner and shall be filed with the Superintendent of Buildings
accompanied by an existing survey. The application shall include or
be accompanied by the following information and documentation:
(1) A description of the proposed work;
(2) The Tax Map number and the street address of the premises
where the work is to be performed;
(3) The occupancy classification of any affected building
or structure;
(4) Where applicable, a statement of special inspections
prepared in accordance with the provisions of the New York State Uniform
Code; and
(5) At least three sets of construction documents (drawings
and/or specifications) which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New York State registered
architect or licensed professional engineer where so required by the
Education Law;
(c)
Indicate with sufficient clarity and detail
the nature and extent of the work proposed;
(d)
Substantiate that the proposed work will comply
with the New York State Uniform Code and this Code; and
(e)
Where applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the
location of any existing or proposed well or septic system, the location
of the intended work, and the distances between the buildings and
structures and the lot lines.
C. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection
B(5) of this section. Construction documents which are accepted as part of an application for a building permit shall be marked as accepted by the Superintendent of Buildings in writing or by stamp at permit issuance. Two sets of the accepted construction documents shall be retained by the Superintendent of Buildings, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Department. Work shall not be commenced unless and until a building permit is issued.
D. Said plan for any building or structure and said plot
plan shall be drawn to scale by an architect or professional engineer
licensed to practice in the State of New York and his seal affixed
thereto; provided, however, that said plan for any building or structure
and said plot plan need not be drawn by such an architect or engineer
if the application is for a permit for the alteration or extension
of a building or structure and the Superintendent of Buildings finds
and so endorses on the plan for such building or structure and the
plot plan, that the proposed construction would not affect the structural
safety of the building or the safety of the occupants thereof.
E. Said plan for such building or structure and said
plot plan shall show exactly the following:
(1) The lines, angles and dimensions of the lot.
(2) The location and dimensions of any existing building
or structure, including any porch or accessory building on the lot.
(3) The lines within which any proposed building or structure,
including any porch or accessory building, is to be erected, showing
all setback lines.
(4) The existing and intended use of each building or
structure or part thereof, including the number of dwelling units.
(5) The location, dimensions, surfacing and grades of
any existing and proposed automobile parking area and spaces.
(6) The location, widths, grades and surfacing of existing
and proposed driveways leading to such parking area and spaces.
(7) Such other information as may be prescribed as necessary
by the Superintendent of Buildings for proper determination and enforcement.
F. All work shall be performed in accordance with the
construction documents which were submitted with and accepted as part
of the application for the building permit. The building permit shall
contain such a directive. The permit holder shall immediately notify
the Superintendent of Buildings of any change occurring during the
course of the work. The building permit shall contain such a directive.
If the Superintendent of Buildings determines that such change warrants
a new or amended building permit, such change shall not be made unless
and until a new or amended building permit reflecting such change
is issued.
G. At all times while the work is in progress, the building
permit shall be attached to or visibly displayed on the front door
or a front window of the building or structure.
H. No building or structure shall be occupied prior to
the issuance of a certificate of occupancy therefor; nor for a purpose
other than set forth in the certificate of occupancy therefor.
I. Before a building permit can be issued, the contractor
must submit a license application to and in such form as is required
by the Superintendent of Buildings, together with proof of general
liability/worker's compensation insurance, as well as confirmation
that the contractor is duly licensed by the Nassau County Department
of Consumer Affairs. At the time of the initial application, the contractor
shall pay a license fee of $50 and $25 for each renewal thereafter.
J. Revocation or suspension of building permits. If the
Superintendent of Buildings determines that a building permit was
issued in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
New York State Uniform Code or this Code, the Superintendent of Buildings
shall revoke or suspend such building permit until such time as the
permit holder demonstrates that:
(1) All work then completed is in compliance with all
applicable provisions of the New York State Uniform Code and this
Code; and
(2) All work then proposed to be performed shall be in
compliance with all provisions of the New York State Uniform Code
and this Code.
[Amended 11-21-2006 by L.L. No. 12-2006]
A. A certificate of occupancy, certifying compliance
with this Code, shall be required before any building or structure
shall be occupied or used. A certificate of completion, certifying
compliance with this Code, shall be required before any additions
to a building or structure shall be occupied or used. Such certificate
shall be issued only after approval by the Superintendent of Buildings,
prior to any of the following:
(1) Use or occupancy of a building or structure hereafter
erected, altered, enlarged, extended or moved, in whole or in part.
(2) Use, occupancy or change of use of an existing building.
(3) Use, occupancy or change of use of land on premises.
B. Written application for a certificate of occupancy
shall be made to the Superintendent of Buildings by an applicant authorized,
in writing, by the owner. If the proposed use is in all respects in
conformity with the provisions of this chapter and all other applicable
laws and ordinances, said certificate shall be issued by the Superintendent
of Buildings.
(1) Written application for such certificate for a building
shall be made at the same time as the application for the building
permit for such building.
(2) Temporary certificate. The Superintendent of Buildings
shall be permitted to issue a temporary certificate allowing the temporary
occupancy of a building or structure, or a portion thereof, prior
to completion of the work which is the subject of a building permit.
However, in no event shall the Superintendent of Buildings issue a
temporary certificate unless the Superintendent of Buildings determines
a) that the building, structure or the portion thereof covered by
the temporary certificate may be occupied safely; b) that any fire-
and smoke-detecting or fire-protection equipment which has been installed
is operational; and c) that all required means of egress from the
building or structure have been provided. The Superintendent of Buildings
may include in a temporary certificate such terms and conditions as
are necessary or appropriate to ensure safety or to further the purposes
and intent of this Code and the New York State Uniform Code. A temporary
certificate shall be effective for a period of time not to exceed
three months, which shall be determined by the Superintendent of Buildings
and specified in the temporary certificate. During the specified period
of effectiveness of the temporary certificate, the permit holder shall
undertake to bring the building or structure into full compliance
with all applicable provisions of the New York State Uniform Code
and this Code.
C. The Superintendent of Buildings shall inspect the
building, structure or work prior to the issuance of a certificate
of occupancy or certificate of completion. In addition, where applicable,
the following documents, prepared in accordance with the provisions
of the New York State Uniform Code and this Code by such person or
persons as may be designated by or otherwise acceptable to the Superintendent
of Buildings, at the expense of the applicant for the certificate
of occupancy or certificate of completion, shall be provided to the
Superintendent of Buildings prior to the issuance of the certificate
of occupancy or certificate of completion:
(1) A written statement of structural observations and/or
a final report of special inspections; and
(2) Flood hazard certifications.
D. No certificate of occupancy or certificate of completion
shall be deemed to validate any violation of any provisions of this
Code or any other law or ordinance.
E. Upon serving a notice of violation, as provided in
this Code, any existing certificate of occupancy for any building,
structure or land, or the use thereof, shall thereupon become null
and void and a new certificate of occupancy in conformity with this
chapter shall be required for any further use of such building, structure
or land.
F. Any building permit, certificate of occupancy, certificate
of completion or other authorization issued under the terms of this
article shall become null and void unless the authorized work is commenced
within six months following the date of issuance. Building permits
shall expire 12 months from the date of issuance, whereupon a new
permit, certificate or authorization shall be required, new fees paid
and the new application shall be approved by the Superintendent of
Buildings. If an applicant fails to file for a building permit within
six months after receiving approval from the Architectural Review
Board, said approval by the Architectural Review Board shall be null
and void.
G. If the Superintendent of Buildings determines that
a certificate of occupancy, certificate of completion or a temporary
certificate was issued in error because of incorrect, inaccurate or
incomplete information, and if the relevant deficiencies are not corrected
to the satisfaction of the Superintendent of Buildings within such
period of time as shall be specified by the Superintendent of Buildings,
the Superintendent of Buildings shall revoke or suspend such certificate.
[Amended 11-21-2006 by L.L. No. 12-2006]
Fees and deposits for various permits, licenses
and proceedings authorized by this Code shall be in the amounts set
forth on the Schedule of Fees on file with the Village, which Schedule
may be amended from time to time by resolution of the Board of Trustees.
[Amended 7-25-2000 by L.L. No. 5-2000; 11-21-2006 by L.L. No. 12-2006]
A. Authority. In case any building or structure is erected,
constructed, reconstructed, altered, converted, located or maintained,
or any building, structure, land or premises is used in violation
of this chapter or any regulation or requirement made pursuant thereto,
or under authority conferred thereby, in addition to other lawful
remedies, the Board of Trustees or, with their approval, the Superintendent
of Buildings may, pursuant to § 7-714 of the Village Law,
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, alteration, conversion, repair, maintenance
or use; to restrain, correct or abate such violation; to prevent the
occupancy of such building, land or premises or to prevent any illegal
act, conduct, business or use in or about such premises.
B. Discovery of violation. The Superintendent of Buildings
shall determine the existence of violations of this chapter through
such investigations as shall be conducted pursuant to the issuance
of building permits and certificates of occupancy and through the
prompt investigation of such written and signed complaints as are
filed with the Building Department by persons having reason to believe
that such violations exist. The Superintendent of Buildings may also
determine the existence of such violations by means of investigations
conducted at his or her own initiative.
C. Procedure for abatement of violations.
(1) Notice of violation. Upon finding a violation of the
provisions of this chapter, the Superintendent of Buildings shall
serve written notice, either by personal service or certified mail,
addressed to the premises of such violation, on the person committing
or permitting such violation or on the owner of the property. Such
notice shall specify the nature of such violations as exist and specify
a reasonable time limit of not less than five days in which compliance
shall be achieved.
(2) Legal action. The Superintendent of Buildings shall,
upon failure of the responsible party to comply with a violation order
within the specified time, refer the matter to the Board of Trustees
so that the Board of Trustees may, by resolution, direct the Village
Attorney to undertake appropriate legal action against such party.
(3) The Superintendent of Buildings and each Inspector
are authorized to issue appearance tickets for any violation of the
New York State Uniform Code or this Code.
D. Penalties for violation. Any person or corporation,
whether as owner, lessee, architect, building contractor or the agent
or employee of any of them who violates or is accessory to the violation
of any provision of this chapter or any regulation made under the
authority conferred by this chapter or who shall erect, construct,
alter, enlarge, convert, move or demolish any structure not in conformity
with any plans submitted and approved under the provisions of this
chapter or who shall use any building, structure or land in violation
of this chapter or in violation of the provisions of any building
permit (including a variance grant or special use permit) or without
a building permit or certificate of occupancy where one is required
by this chapter, shall be guilty of an offense punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed 15 days,
or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
punishable by a fine not less than $350 nor more than $700 or imprisonment
for a period not to exceed 15 days, or both; and, upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed fifteen
15 days, or both. Each week during which a condition, building, structure
or use prohibited by this chapter or any requirement or regulation
made pursuant thereto (including the violation of a condition imposed
as part of a variance grant or as part of a special permit issuance,
the violation of which shall be a violation of this chapter) continues
or is maintained shall constitute a separate additional violation.
E. Injunctive relief. An action of proceeding may be
instituted in the name of this Village in a court of competent jurisdiction
to prevent, restrain, enjoin, correct or abate any violation of or
to enforce any provision of the New York State Uniform Code, this
Code, stop-work order, compliance order or other notice or order obtained
by the Superintendent of Buildings pursuant to any provision of this
law. In particular, but not by way of limitation, where the construction
or use of a building or structure is in violation or any provision
of the New York State Uniform Code, this Code or any applicable law,
an action or proceeding may be commenced in the name of this Village
in the Nassau County Supreme Court or in any other court having the
requisite jurisdiction to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subdivision
shall be commenced without the appropriate authorization from the
Board of Trustees of this Village.
F. Remedies not exclusive. No remedy or penalty specified
in this section shall be the exclusive remedy available to address
any violation described in this section. Each remedy or penalty specified
in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
section or in any other section of this Code or any other law. Any
remedy or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit
of any other remedy or penalty specified in this section or in any
other section of this Code or in any other applicable law. In particular,
but not by way of limitation, each remedy and penalty specified in
this section shall be in addition to, and not in substitution for
or limitation of, the penalties specified in Subdivision (2) of § 381
of the Executive Law. Any remedy or penalty specified in this section
may be pursued at any time, whether prior to, simultaneously with,
or after the pursuit of any penalty specified in Subdivision (2) of
§ 381 of the Executive Law.
Notwithstanding the provisions of §
99-63, any person, whether as owner, lessee, principal, agent, employee or otherwise, who uses any building, structure or land in a residential district for an illegal dwelling unit shall be liable for the following penalties: a fine not exceeding $1,000 or imprisonment for a term not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week during which a condition, building, structure or use prohibited by this chapter or any requirement or regulation made pursuant thereto (including the violation of a condition imposed as part of a variance grant or part of a special permit issuance, the violation of which shall be a violation of this chapter) continues or is maintained shall constitute a separate additional violation.
The Board of Trustees may from time to time
on its own motion, or on petition after such public notice and hearing
as required by the Village Law, amend, supplement or change the regulations
and districts herein established, in accordance with the Village Law
and other applicable laws.