Brightwaters City Zoning Code
ARTICLE X
Administration and Enforcement
§ 128-67 Building permit required; application requirements.
A.
No person, firm or corporation shall commence erection, construction, enlargement, alteration, removal, improvements, demolition or conversion of or installation in any building or structure or a change in use or occupancy of any building or structure without first obtaining the appropriate required permits from the Code Enforcement Officer or Fire Marshal. No permit shall be required for construction work which is not structural in nature and does not entail installation of plumbing, electrical, heating or ventilation systems already in use. No permit shall be required for work of an ordinary replacement or maintenance nature, except as otherwise stated in this article.
B.
All other requirements shall be as outlined on the building permit application.
C.
No permit for any work which includes plumbing shall be issued without the written approval of the plumbing plans by the Plumbing Inspector.
[Added 9-4-2007 by L.L. No. 7-2007]
§ 128-68 Building permit amendments.
[Amended 9-4-2007 by L.L. No. 8-2007]
Amendments to any application, plan or specifications may be filed at any time prior to commencement of the work. Such amendments shall likewise be subject to the written approval of the Code Enforcement Officer, Fire Marshal or Plumbing Inspector, as may be appropriate.
§ 128-69 Posting of permit on premises; validity of permit.
A.
Permits issued shall be kept posted in a conspicuous place on the property or premises covered by the permit for as long a period of time as the permitted activity continues.
B.
Such permit shall be valid for the period so stated on said permit and shall be renewed as required upon application therefor and the payment of the applicable permit fee.[1] Work must begin within one year of the issuance of the permit, or the permit is canceled.
[1]
Editor's Note: The current fee schedule is available from the Village Clerk at the Village offices during regular office hours.
§ 128-70 Pending building permit applications.
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which application for a permit shall have been filed prior to the passage of this chapter and for the erection of which a permit may be issued within one month from the passage of this chapter or which may be under construction at the time of such passage if the construction of such building shall be diligently prosecuted within one month of the date of such passage and if the ground-story framework, including the second tier of beams, shall be completed within six months of the date of such passage and if such building shall be completed in its entirety, according to such plans as may have been filed, within one year from the date of the passage of this chapter.
§ 128-71 Penalties for violations of building permits, these provisions or Uniform Code. [1]
"It is the intent of this amendment to this chapter of the Village Code to prescribe regulations consistent with nationally recognized good practices for the safeguarding, to a reasonable degree, of life and property from conditions hazardous to life or property in the construction or renovation of buildings, structures or premises within the Village or the use or occupancy of buildings, structures or premises and, in so doing, to comply with the provisions of Article 18 of the Executive Law of the State of New York and all appropriate codes, rules and regulations promulgated pursuant thereto.
"Therefore, the Village hereby adopts the New York State Uniform Fire Prevention and Building Code in its entirety except where the same is superseded by the provisions of Village of Brightwaters ordinances, local laws or rules and regulations enacted pursuant thereto." |
A.
It shall be unlawful for any person, party, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of the New York State Uniform Fire Prevention and Building Code, or any amendment hereafter made thereto, as well as any regulation or rule promulgated by the Village Board, or to fail to comply with a notice, order or directive of the Code Enforcement Officer or to construct, alter, repair, move or equip any building or structure or part thereof in a manner not permitted by an approved building permit.
B.
Upon determination by the Chief Code Enforcement Officer that a violation of the New York State Uniform Fire Prevention and Building Code or this chapter exists in, on or about any building, structure or premises, the Chief Code Enforcement Officer shall order, in writing, the remedying of the condition. Such order shall state the specific provision of the New York State Uniform Fire Prevention and Building Code or this chapter which the particular condition violates and may grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by sending it by registered mail to the owner as shown in the records of the Village Assessor.
C.
Any person, party, firm or corporation who or which fails to comply with a written notice or order of the Chief Code Enforcement Officer within the time fixed therein and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction, alteration, repair, movement or equipping or use of any building who shall violate this section or any provision of the New York State Uniform Fire Prevention and Building Code or Village ordinance or local law or any lawful notice, order, directive, permit or certificate of the Chief Code Enforcement Officer shall be subject to such fine as is established from time to time by the Village Board for each day that the violation continues. Prior to the imposition of a fine, a violator may be given a reasonable period of time to correct the violation. If, after such time has elapsed, the violation still exists, then such fine shall be imposed for each day the violation continues, commencing from the day of the original notice.
D.
Any action or proceeding in the name of the Village of Brightwaters may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provisions of the New York State Uniform Fire Prevention and Building Code, Village ordinance or local law or any rule or regulation relating thereto. Such remedy shall be in addition to any other penalties prescribed by law.
[1]
Editor's Note: The preface of L.L. No. 2-1991, which previously amended this section, read as follows:
§ 128-72 Stop-work orders.
A.
Whenever the Chief Code Enforcement Officer has reasonable grounds to believe that work on any building or structure is proceeding without a building permit issued pursuant to this chapter or is otherwise in violation of the provisions of any applicable law, code, ordinance or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe and dangerous manner, he shall notify either the owner of the property as shown in the records of the Village Assessor or the owner's agent or the person, party, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form prescribed by the Chief Code Enforcement Officer and shall state the reasons of the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Chief Code Enforcement Officer or that of an assistant and shall be prominently posted at the work site.
C.
Penalties for violating a stop-work order.
(1)
Any person, party, firm or corporation who or which fails to comply with a written stop-work order and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction, alteration, repair, movement or equipping or use of any building in violation of a stop-work order shall be subject to such fine as is established from time to time by the Village Board for each day that the violation continues.
(2)
Any action or proceeding in the name of the Village of Brightwaters may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of such stop-work order. Such remedy shall be in addition to any other penalties prescribed by law.
§ 128-73 Demolition permit required.
[Amended 1-7-2013 by L.L. No. 1-2013]
A.
It shall be unlawful for any entity or individual to raze, remove or demolish or to allow the removal or demolition of a building or structure on behalf of the property owner without first obtaining a permit or a copy of the permit issued by the Building Department. A permit shall be issued only upon the satisfaction of all requirements as imposed by the Building Department and upon payment of the required fee. A renovation affecting more than 75% of a structure shall be classified as a "substantial construction" or a "new structure" and will require the issuance of a demolition permit. This permit shall be displayed on site at all times during the demolition. A demolition permit is valid for four months. An application to renew a demolition permit shall be made prior to expiration of the existing permit.
[Amended 10-5-2015 by L.L. No. 4-2015]
B.
Any person found to have violated § 128-73 shall be guilty of a violation, which shall be punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both; each day's violation shall constitute a separate additional violation.
C.
The following must be submitted and accepted by the Village of Brightwaters Highway Department prior to the issuance of a demolition permit:
(1)
A separate application for a demolition permit must be submitted for each building to be demolished. If more than one building or structure is to be demolished on the same premises, the separate demolition and plumbing permits secured for each such building or structure must satisfy all of the requirements required by such permits.
(2)
Application must be made by the owner or lessee, or agent of either, or by the architect, engineer, builder, excavator or demolition company employed in connection with the proposed work. Where such application is made by a person other than the owner, it must be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
(3)
A certificate of workers' compensation insurance, and of contractor's liability insurance naming the Village of Brightwaters as an additional insured thereon, and identifying the subject site.
(4)
A recent tax bill for the subject property.
(5)
Three updated surveys showing subject property prior to demolition, with the building to be demolished shaded thereon and all utilities and underground structures marked thereon.
(6)
An affidavit must be submitted by a certified and licensed asbestos handler, including the license number thereof, to verify the absence or presence of asbestos. In cases where asbestos or other hazardous materials are found to exist, the demolition permit may not be issued until the asbestos or other hazardous materials have been removed and lawfully disposed of and a certification thereof by a licensed asbestos removal firm has been filed with the Village of Brightwaters Building Department.
(7)
A letter from the Long Island Power Authority and National Grid, or its successors, indicating that all gas and electric services to the building or structure to be demolished have been disconnected or have not been installed.
(8)
A letter from either a private water company or the Suffolk County Water Authority indicating that the water service in the premises has been disconnected to the satisfaction of such water provider.
(9)
If the building or structure to be demolished is connected to a municipal sewer, a Suffolk County sewer permit, a road-opening permit and a Village of Brightwaters Plumbing Permit for the sewer disconnection must be obtained and submitted with demolition application.
(10)
If the building or structure to be demolished is not connected to a municipal sewer, a letter from the Suffolk County Health Department, Suffolk County Department of Public Works, or the Southwest Sewer District indicating that a sewer spur has never been installed at the subject site, and an affidavit of the owner certifying that all cesspools and septic tanks have been emptied and filled with clean fill.
(11)
A voids affidavit certifying that all underground wells, basins, cellars or other known voids will be filled with clean fill and that every buried storage tank, including all connections thereto, will be removed and the void filled with clean sand immediately upon completion of demolition.
(12)
A Suffolk County Department of Health extermination certification, which will expire 10 days after issuance.
D.
All of the foregoing requirements must be satisfied prior to the issuance of a demolition permit. All applications for demolition permits must be reviewed by the Village of Brightwaters Building, Plumbing and Highway Departments. The person to whom the demolition permit is issued must notify the Village of Brightwaters Building, Plumbing and Highway Departments at least 48 hours in advance of the actual scheduled start time of the demolition. Demolition is restricted to Mondays through Fridays during normal construction hours.
E.
The demolition shall comply with Part 608, Sections 1, 2 and 3, of the New York State Uniform Fire Prevention and Building Code. Once demolition has commenced, debris shall be removed and all excavations filled to within one foot of grade and approved by the Building Inspector within 10 business days from that commencement date.
F.
The demolition permit fees for demolition of one-family dwellings, other residential structures and commercial structures shall be determined from time to time by the Board of Trustees.
§ 128-73.1 Dangerous structures.
[Added 5-2-2011 by L.L. No. 11-2011]
A.
A dangerous structure is one having any or all of the following conditions:
(1)
A structure in which any walls or other structural load-bearing members list, lean or buckle to such an extent that a plumb line, passing from any overhead supporting member through the center of gravity falls outside the middle third of its base; or
(2)
A structure in which, exclusive of its foundations, shows 33 1/3% or more of deterioration of the supporting member or members, or 50% or more damage to, or deterioration of, the nonsupporting, enclosing or exterior walls or covering.
B.
The removal of a dangerous structure requires a demolition permit.
§ 128-73.2 New structures.
[Added 10-5-2015 by L.L. No. 6-2015]
A new structure shall be defined as and henceforth considered: Any building constructed from a new foundation or a preexisting building that has a certificate of occupancy of which the floor area is proposed to be increased or altered by more than 75% of the existing floor area. If an alteration constitutes greater than 75% of the existing altered structure, a demolition permit is required.
§ 128-74 Work to conform to permit.
All work performed under a permit issued by the Code Enforcement Officer, signed by him or his authorized assistant, shall conform to the approved applications, plans and approved amendments thereof.
§ 128-75 Expiration of permits; renewals.
§ 128-76 Revocation of permits or approvals.
The Code Enforcement Officer or his authorized assistant may revoke a permit or approval issued under the provisions of this chapter in case there has been any false statement or any misrepresentation as to a material fact in the application or plans on which the permit or approval was based or upon a check or draft that has been returned for any reason.
§ 128-77 Order to stop or suspend work.
Whenever, in the opinion of the Code Enforcement Officer or his authorized assistant, by reason of defective or illegal work in violation of a provision or a requirement of this chapter or the New York State Uniform Fire Prevention and Building Code, the continuance of a building operation is contrary to public welfare, he may order, orally or in writing, all further work to be stopped, and he may require suspension of the work until the condition in violation has been remedied.
§ 128-78 Certificate of occupancy required.
A.
No land shall be occupied or used and no building or structure hereafter erected, enlarged, extended or altered shall be so occupied or used, in whole or in part, until a certificate of occupancy, certifying that such building conforms to the approved plans and the requirements of this chapter and stating the purposes for which the building or structure may be used in its several parts and any special stipulations, shall have been issued by the Code Enforcement Officer and signed by him or his authorized assistant. If the occupancy or use of a building is not discontinued during the work or alteration, the occupancy or use of the building or structure shall not be continued for more than 30 days after completion of the alteration unless a certificate shall have been issued.
B.
The owner or his agent must submit to the Code Enforcement Officer an instrument survey map showing the true location of the new building or additions in reference to all the property lines and existing structures. The Code Enforcement Officer may waive this requirement for minor additions.
§ 128-79 Change of occupancy.
No occupancy or use shall be made of land or a building or structure that is not consistent with the last-issued certificate of occupancy for such building or structure or use of land unless a permit is secured. In case of an existing building or structure, no change of occupancy that would be under some special provision of this chapter shall be made unless the Code Enforcement Officer, upon inspection, finds that such building conforms substantially to the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code with respect to the proposed new occupancy and use and issues a certificate of occupancy.
§ 128-80 Temporary certificate of occupancy.
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 permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding 30 days from the date of issuance. For good cause, the Code Enforcement Officer may allow a maximum of two extensions for periods not exceeding 30 days each.
§ 128-81 Certificates of compliance.
A.
Certificates of compliance shall be used to indicate conformance to this chapter and the New York State Uniform Fire Prevention and Building Code for installations which require inspection but would not be issued a certificate of occupancy. Such installations include but are not limited to solid-fuel-burning heating appliances, plumbing installations, other equipment installation and removal of underground tanks and firesafety inspections.
B.
Certificates of compliance shall be issued by the Code Enforcement Officer or Fire Marshal only after an inspection which shows that the installation is in conformance with this chapter and the New York State Uniform Fire Prevention and Building Code, and the written approval of the Plumbing Inspector, if applicable.
[Amended 9-4-2007 by L.L. No. 9-2007]
C.
Certificates of compliance may be revoked when there has been substantial and unauthorized change in conditions which renders or may render the installation in nonconformance with this chapter and the New York State Uniform Fire Prevention and Building Code.
§ 128-82 Imposition of conditions or restrictive covenants.
An application to the Village Board of Trustees or the Zoning Board of Appeals may result in the imposition of conditions or restrictive covenants by deed or stipulation, and the owner or tenant shall perform the obligations created thereby. The conditions or restrictions so imposed shall be a continuing obligation requiring that compliance therewith be continued during the duration of the use of the building or structure pursuant to such application. The failure to comply with any and all covenants, conditions or restrictions so imposed shall be deemed a violation of this chapter, subject to the penalties provided herein.
§ 128-83 Records and reports.
A.
The Chief Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by him and code enforcement officers serving under him, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all notices and orders issued and all certificates of occupancy issued. All such reports shall be public information open to public inspection during normal business hours.
B.
The Chief Code Enforcement Officer shall annually submit to the Village Board a written report of all business conducted.
§ 128-84 Intent; conflict of provisions with Uniform Code.
It is the intention of this chapter to effectuate full compliance in the administration and enforcement of the New York State Uniform Fire Prevention and Building Code as enacted pursuant to Article 18 of the New York State Executive Law and the codes, rules and regulations thereunder enacted. In any event where any Village ordinance or local law is deemed or found to prescribe standards less than the minimum provided for in such state enactment, it shall be deemed, for that purpose only, that the same is amended so that the provisions thereof shall be the minimum standards provided by said New York State Uniform Fire Prevention and Building Code.
§ 128-85 Enforcement agency.
This chapter shall be enforced by the Board of Trustees.
§ 128-86 Penalties for offenses.
[Amended 3-1-1993 by L.L. No. 1-1993; 6-7-1999 by L.L. No. 2-1999; 11-6-2006 by L.L. No. 6-2006]
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the occupant lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent or contractor, occupant, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in such violation or who maintains any building or premises in which any such violation shall exist shall, for each and every violation, be subject to a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for a 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 six months, 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 six months, or both. Notwithstanding the foregoing, the first offense by any person who violates § 128-6A by using, or allowing to be used, a residential dwelling for more than a one-family occupancy, or § 128-6E by occupying, or allowing to be occupied, an accessory building for residence purposes, shall be a violation, as defined by the Penal Law of the State of New York and subject to a mandatory fine of $1,500 or imprisonment for a period not to exceed six months, or both. The second and any further similar offense of either § 128-6A or 128-6E by the same person shall be an unclassified misdemeanor, as defined by the Penal Law of the State of New York, and subject to a mandatory fine of $3,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation. Penalties for such violation shall be collected and violations shall be prosecuted in the manner prescribed by law or ordinance effective in the Village of Brightwaters.
§ 128-86.1 Presumption of illegal occupancy.
[Added 1-3-2006 by L.L. No. 3-2006]
In all civil and criminal prosecutions brought for the enforcement of this chapter in respect to nonpermitted occupancy of a dwelling, the following provisions shall apply:
A.
There shall be a rebuttable presumption that any parcel containing more than one gas meter, or more than one electric meter, or more than one water meter, anywhere on the parcel, is being used as the residence of two or more families, unless a legal nonconforming use for a two-or-more-family use has been granted by the Board of Appeals pursuant to § 128-90C and/or a home occupation use has been granted by the Board of Trustees pursuant to § 128-6B and the additional meter services only the home occupation space.
B.
There shall be a rebuttable presumption that a dwelling, required by this chapter to be occupied by only a single family, which maintains any entrance(s) thereto which has not been set forth on any plans approved by and on file with the Building Department is being used as the residence of two or more families, except that this provision shall not apply in the case of any entrance that was constructed prior to the effective date of this chapter.
§ 128-86.2 Advertising of illegal occupancy or use prohibited.
[Added 1-2-2007 by L.L. No. 1-2007]
No owner of any premises, or any licensed real estate agent, broker or salesperson on behalf of the owner of any premises, shall knowingly represent to any potential purchaser, tenant or the general public, either by use of the media or in person, that the premises being offered for sale or rent includes any occupancy or use prohibited by this chapter. A violation of this section is punishable under § 128-86 of this chapter, and each media publication or oral representation shall be a separate violation. A conviction under this section of any person or entity holding a real estate broker, agent or salesperson license issued by the Secretary of State of the State of New York shall be filed with the Secretary of State.