East Hampton City Zoning Code
ARTICLE X
Enforcement
§ 255-10-10 Enforcement of chapter.
[Amended 8-6-1999 by L.L. No. 21-1991; 9-6-2012 by L.L. No. 13-2012]
The Building Inspector appointed by the Town Board pursuant to Chapter 102 of this Code shall ordinarily be the official charged with primary responsibility for the enforcement of this chapter. The head of the Ordinance Enforcement Department shall also have authority to enforce or cause to be prosecuted violations of this chapter which pertain to the jurisdiction of the Department of Ordinance Enforcement as set forth in Chapter 45 of this Code. The Building Inspector and the head of the Ordinance Enforcement Department shall share all information concerning possible violations, shall coordinate their activities and shall otherwise cooperate to ensure speedy and effective enforcement of all provisions of this chapter and to avoid duplication of effort.
§ 255-10-20 Building Inspector.
The authority and responsibility of the Building Inspector with relation to this chapter set forth in the following sections shall be in addition to the authority and duties given the Inspector in Chapter 102 of the Code. In the event of a conflict, the provisions of this chapter shall control.
§ 255-10-21 Authority.
The Building Inspector shall not possess any discretionary authority with regard to this chapter except that explicitly given him by specific language herein, but he shall have the authority to make interpretations as to the meaning and applicability of the text of this chapter, subject only to the authority of the Board of Appeals to review the same under the provisions of Article VIII hereof.
§ 255-10-22 Responsibilities.
In addition to the duties assigned to him in Chapter 102 of this Code, the Building Inspector shall:
A.
Violations. Immediately investigate every alleged violation or prospective violation of any provision of this chapter of which he learns, either by complaint or otherwise, and take those actions necessary to abate or prevent same, including:
(1)
Personally inspecting the site of the alleged violation and/or making inquiries by telephone and letter of the landowner, person in control or other persons having knowledge or interest therein.
[Amended 7-21-2016 by L.L. No. 32-2016]
(2)
Advising any person by telephone or letter of violations or potential violations in or on a building, structure, lot or land owned or controlled by such person or advising such person of the applicability to him of specific provisions of this chapter or other information calculated to assist such person in complying herewith.
[Amended 7-21-2016 by L.L. No. 32-2016]
(3)
Informing other local, state or federal officials of violations or potential violations of laws or regulations bearing upon the same subject matter or conduct as this chapter and over which such officials have jurisdiction.
[Added 5-15-1998 by L.L. No. 20-1998]
(4)
Issuing to any person whom he reasonably believes to be in violation of this chapter a notice of violation or a stop-work order or signing and filing a complaint or information against such person and obtaining a criminal summons from a court to be served on such person, pursuant to applicable provisions of the Criminal Procedure Law.
(5)
Issuing to any person whom he has reasonable cause to believe has either violated any provision of this chapter in his presence or is maintaining a structure, building or use personally observed by the Inspector to be in violation of any provision of this chapter an appearance ticket as provided for in Article 150 of the Criminal Procedure Law.
(6)
Suspending or revoking at any time any building permit previously issued by him for the reasons set forth in § 255-10 of this Code.
(7)
Suspending or revoking at any time any certificate of occupancy previously issued by him for the reasons set forth in § 255-9-25 hereof regarding revocation of approvals granted by other local agencies.
(8)
Applying in the name of the Town to an appropriate judicial officer for the issuance of a search warrant.
[Added 8-6-1999 by L.L. No. 21-1999]
B.
Records and reports, complaints and violations. Keep a record of every identified violation of any provision of this chapter and of every identifiable complaint of such violation and of the disposition of each such violation and each such complaint, which records shall be public records open for public inspection. A quarterly report listing the number and type of such violations and complaints, as well as the current status or disposition thereof shall be submitted to the Town Board and to the Town Attorney. In addition, if he has been requested in writing to do so, the Building Inspector shall forward to the Town Attorney (or a special counsel designated by him) and/or any member of the Town Board copies of all letters, notices, summons and other documents sent or received by the Building Department in connection with violations or alleged violations of the Code, as such documents are sent or received.
C.
Records and reports, applications and permits. Maintain files of applications made, referrals of same made by him to other local agencies and building permits and certificates of occupancy issued, which files shall be public records open for public inspection. A quarterly report covering these matters and other operations of the Building Department shall be submitted to the Town Board and Planning Board.
D.
Informational materials. Maintain in his office and make available to the public copies of:
(1)
A current schedule of fees as prescribed by the Town Board to be charged for applications made to local agencies for approvals pursuant to this chapter.
(2)
The official forms required to be completed by applicants for such approvals, including environmental assessment forms required by Chapter 128 of this Code.
(3)
Excerpts of specific provisions of this chapter or of the New York State Uniform Fire Prevention and Building Code which are considered by the Inspector to be useful to a large number of building permit applicants in order to minimize violations of the Town Code or state law and to protect health and safety.
(4)
Any other informational brochure or literature which the Town Board, by resolution, requires be distributed to building permit applicants or other members of the public having dealings with the Building Department.
E.
Notification to other officials. The Building Inspector's duty to inform other officials of violations or potential violations of this chapter, as described in Subsection A(3) above, shall include but not be limited to notifying the following officials or agencies:
[Added 5-15-1998 by L.L. No. 20-1998]
(1)
The Town Assessors, with regard to any violation or potential violation of a conservation easement for which the property owner is receiving a tax abatement under Chapter 225 of this Code.
(2)
The Federal Emergency Management Agency, with regard to any violation or potential violation of a provision of this Code affecting development in the Flood Hazard Overlay District.
(3)
The New York State Department of Environmental Conservation, with regard to any violation or potential violation of a provision of this Code which may constitute a violation of the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law) or the regulations thereunder (6 NYCRR Part 661); the Freshwater Wetlands Act (Article 24 and Article 71, Title 23, of the Environmental Conservation Law) or the regulations thereunder (6 NYCRR Part 662 et seq.); or the Coastal Erosion Hazard Areas Act (Article 34 of the Environmental Conservation Law) or the regulations thereunder (6 NYCRR Part 505).
§ 255-10-25 (Reserved) [1]
[1]
Editor's Note: Former § 255-10-25, No stay upon appeal, added 5-17-2001 by L.L. No. 7-2001, as amended, was repealed 3-21-2019 by L.L. No. 15-2019.
§ 255-10-30 Building permits.
The following requirements shall be in addition to those contained in Chapter 102 of this Code. In the event of a conflict, the more restrictive provisions shall be deemed to control.
A.
Adequate information. In addition to other information required, every application for a building permit shall be accompanied by such information as may be necessary to permit the Building Inspector to determine compliance with this chapter.
B.
Conformance of plans. No building permit shall be issued for the erection, construction, reconstruction, alteration, restoration, repair, demolition or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter and until every other local agency approval which this chapter makes a precondition to such a building permit have been obtained and, to the extent required therein prior to building permit issuance, complied with.
C.
Ineligible properties. No building permit shall be issued where a lot or lots are formed from part of an existing lot, whether already improved or not, if the separation is effected in such a manner that any of the lots of any existing or proposed improvement thereon contravene the provisions or intent of this chapter or of the laws or regulations regarding subdivision (Chapter 193 and Chapter 220) of the Town. No building permit shall be issued for any lot which was created after the adoption of this section in violation of the aforesaid subdivision laws or regulations.
D.
Foundation survey. After the completion of footings and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the Building Inspector. If required by the Inspector, the owner shall cause a survey to be made by a licensed land surveyor showing the true location of such foundation walls with respect to the lot lines of the lot, other setback lines, particular easements or any other site feature, and a copy of such survey shall be filed with the Building Inspector before construction is continued.
E.
Violation of terms. A violation of any of the terms or conditions of any building permit issued by the Building Inspector under the authority vested in him by Chapter 102 of the Code or by this chapter shall constitute a violation of this chapter subject to the provisions of this article.
[Amended 7-21-2016 by L.L. No. 32-2016]
§ 255-10-40 Certificates of occupancy.
The following requirements shall be in addition to those contained in Chapter 102 of this Code. In the event of a conflict, the more restrictive provision shall be deemed to control.
A.
Prohibition. It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected, constructed, reconstructed, altered, partially razed, moved or put into use, in whole or in part, after the effective date of this chapter, or of any building, structure, premises, lot or land or part thereof of which the use is changed until a certificate of occupancy has been obtained by the owner or person in control, as provided for under Chapter 102 of this Code.
[Amended 7-21-2016 by L.L. No. 32-2016]
B.
Conformity with chapter. No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, alteration, partial razing or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
C.
Conformity with regulations and conditions of permits. No certificate of occupancy shall be issued unless all buildings, structures and units as shown on the building permit application are completed in their entirety and are complying in every respect with all provisions of this chapter (including all conditions incorporated into any local agency approvals granted hereunder) and of the New York State Uniform Fire Prevention and Building Code, except that the Building Inspector shall have the authority to issue a certificate of occupancy when a dimensional variance of not more than six inches is required due to inadvertent improper siting of a building or similar circumstance, and the Inspector, in his sole discretion, believes such relief to be warranted.
D.
Certificate of compliance. If requested to do so and if appropriate, the Building Inspector may issue a certificate of compliance to indicate that a building, structure, lot or site is presently being used and/or is presently configured in accordance with applicable provisions of law; provided, however, that nothing in this subsection shall be construed as eliminating the need for a building permit, certificate of occupancy or other similar approval required by any provision of this Code for such building, structure, lot or site.
E.
Violations of terms. A violation of any of the conditions of any certificate of occupancy issued by the Building Inspector under the authority vested in him by Chapter 102 of the Code or by this chapter shall constitute a violation of this chapter subject to the provisions of this article.
[Amended 7-21-2016 by L.L. No. 32-2016]
§ 255-10-50 Violations; penalties.
A.
Violations. Where a violation of any provision of this chapter, including the terms or conditions of a local agency approval granted hereunder, the duly adopted rules of a local agency adopted hereunder or any other similar law, rule or regulation which is expressly and specifically incorporated by reference herein, has been committed or shall exist, the owner and person in control of the building, structure or lot where such violation has been committed or shall exist shall be guilty of a violation of this chapter.
[Amended 7-21-2016 by L.L. No. 32-2016]
B.
Criminal penalties. Any person, firm, corporation or other entity that commits a violation of this chapter shall be punishable in the following manner:
[Amended 1-15-1996 by L.L. No. 19-1996; 8-2-2002 by L.L. No. 23-2002; 9-18-2003 by L.L. No. 34-2003; 3-17-2006 by L.L. No. 7-2006]
(1)
For the conviction of a first offense, the imposition of a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both. For the conviction of a first offense of the provisions of §§ 255-5-100A, 255-6-100A, 255-7-100B, 255-7-100C, 255-11-64A through C, 255-11-64G, 255-11-64H, 255-11-67A(1), (2), (4), (5), (6), (9), 255-11-88, "Swimming Pool" (1) or (2) or for the conviction of any violation of § 255-11-88 "Agriculture" of this chapter shall be punishable as provided therein.
[Amended 11-7-2019 by L.L. No. 34-2019]
(2)
For conviction of a second offense, both of which were committed within a period of five years, the imposition of a fine not less than $500 nor more than $1,500 or imprisonment for a period not to exceed six months, or both. For the conviction of a second offense of the provisions of §§ 255-11-64A through C, 255-11-64G, 255-11-64H, 255-11-67A(1), (2), (4), (5), (6) or (9), both of which were committed within a period of five years, shall be subject to a further civil penalty of not more than $5,000.
(3)
For conviction of a third or subsequent offense, all of which were committed within a period of five years, the imposition of a fine not less than $1,500 nor more than $2,500 or imprisonment for a period not to exceed six months, or both. For the conviction of a third offense of the provisions of §§ 255-11-64A through C, 255-11-64G, 255-11-64H, 255-11-67A(1), (2), (4), (5), (6) or (9), all of which were committed within a period of five years, shall be subject to a further civil penalty of not more than $5,000.
For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. |
C.
Administrative penalty. In addition to any other remedy available hereunder for violations of this chapter, in those cases where the Building Inspector shall have determined a violation to exist and shall have provided written notice of the same to one or more persons responsible under Subsection A hereof, after a period of 90 days shall have elapsed and said violation shall have continued to exist, the Building Inspector may certify the violation in writing to all other local agencies responsible for the issuance of approvals and permits hereunder. Such certification shall set forth the owner of the property on which the violation is located and the name of the person in control committing or maintaining the alleged violation and responsible for the same under Subsection A hereof, if other than the owner and known to the Building Inspector, the nature of the violation and the efforts made by the Building Inspector to obtain compliance. After receipt of any such certification of violation, no local agency, including the Building Inspector, shall accept, determine to be complete or otherwise process or further process any application for approval made for such identified property or by any such identified person or persons or by any partnership, corporation or other organizational applicant of which any such identified person is an associate, partner or majority shareholder. Every such application shall be deemed to be defective, incomplete and not suitable for processing by the local agency, and any time period for such processing or for action on the application which is contained in the Town Law or in this chapter shall be deemed tolled for all purposes. This subsection shall not apply to an application brought to the Board of Appeals for an interpretation or for a variance which would remove or render legal the alleged violation. Upon removal of the violation or the granting of a variance therefor by the Board of Appeals or upon the dismissal by a competent court of all charges which may have been brought by the Building Inspector against such person as a named defendant in relation to such violation or upon acquittal of the defendant by such court, the Building Inspector shall immediately revoke the certification of violation previously issued and notify all local agencies in writing of the same, at which time the disability imposed hereunder shall be removed.
[Amended 7-21-2016 by L.L. No. 32-2016]
D.
Other remedies. In addition to other remedies provided for by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken by the Town of East Hampton to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, change, demolition, razing, moving, maintenance or use of any building, structure, lot or land or any activity in violation of this chapter being undertaken or carried out therein or thereon; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lot; or to prevent any illegal act, conduct, business, trade or use in or about such premises.
E.
Continuing violations. After the date on which the Building Inspector, Ordinance Enforcement Officer, or other responsible Town official shall have provided notice of a violation to the offender, each day's continued violation shall constitute a separate and additional offense for all purposes hereof.
[Added 11-15-1996 by L.L. No. 19-1996; amended 8-6-1999 by L.L. No. 21-1999; 8-2-2002 by L.L. No. 23-2002; 9-18-2003 by L.L. No. 34-2003]
§ 255-10-60 Registry, monitoring, inspection, abandonment and obsolescence.
[Added 11-1-2002 by L.L. No. 34-2002]
A.
Registry. Each carrier shall file the following information with the Town on an annual basis, beginning with the date of approval:
(1)
Owner/lessee/intermediary/agent and carrier(s) at the site.
(2)
Location by latitude and longitude, addresses and parcel numbers.
(3)
Height, AGL.
(4)
Co-location status and capability (including if a former co-location has been removed).
(5)
Last date at which site was modified and the nature of the modification.
(6)
A list of toxic/hazardous materials at the personal wireless service facility (including in the equipment shelter).
(7)
Instructions for emergency personnel on the approach action to be taken in case of an emergency involving any toxic/hazardous substances.
(8)
The name and telephone number of a representative of the carrier to be contacted in the event of any emergency at the personal wireless service facility site. The contact representative is to be available on a twenty-four-hour-a-day, seven-days-a-week basis.
(9)
A site monitoring schedule indicating how often the site is inspected and monitored by the carrier.
(10)
A ground maintenance schedule indicating how often the grounds are maintained and the name and telephone number of a representative of the carrier to be contacted in the event the grounds require service before the next scheduled maintenance.
(11)
Certification, signed by a radio frequency engineer, stating that the RFR from the personal wireless service facility meets the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation.
B.
Inspection. The owner or operator of personal wireless service facility shall provide for and conduct an inspection of mounts at least once every five years. A report shall be provided to the Town of East Hampton Building Inspector verifying structural integrity and tenants on the mounts as a part of the requirements provided for in § 255-5-50 of this chapter.
C.
Abandonment and removal. Any personal wireless service facility that is not operated for a continuous period of 18 months shall be considered abandoned, and the owner of such personal wireless service facility shall remove same within 90 days of notice to the Town of East Hampton Building Inspector that the personal wireless service facility is abandoned. If such personal wireless service facility is not removed within said 90 days, the Town of East Hampton may have the personal wireless service facility removed at the personal wireless service facility owner's expense.
D.
Hazardous materials. The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility that are considered hazardous by the federal, state or local government.
E.
Noise filing requirements. Each application for a personal wireless service facility shall be accompanied by a report containing the following information on the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following situations:
(1)
Existing, or ambient: the measurements of existing noise.
(2)
Existing plus proposed personal wireless service facility: maximum estimate of noise from the proposed personal wireless service facility plus the existing noise environment.
(3)
Existing plus proposed wireless facilities plus cumulative: maximum estimate of noise from the proposed wireless facility plus the maximum estimate of noise from the total addition of co-located wireless facilities plus the existing noise environment.
(4)
Certification, signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of § 255-1-90 of this chapter.
(5)
These filing requirements are required every five years and every tine a modification or a co-located personal wireless service facility is proposed.
F.
Radio frequency radiation (RFR) filing requirements. Each application for a personal wireless service facility shall be accompanied by a report containing the following information on the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility, for the following situations:
(1)
Existing, or ambient: the measurement of existing RFR.
(2)
Existing plus proposed wireless facility: maximum estimate of RFR from the proposed personal wireless facility plus the existing RFR environment.
(3)
Existing plus proposed wireless facilities plus cumulative: maximum estimate of RFR from the proposed wireless facility plus the maximum estimate of RFR from the total addition of co-located wireless facilities plus the existing RFR environment.
(4)
Certification, signed by a radio frequency engineer, stating that the RFR measurements are accurate and meet FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation.
(5)
These filing requirements are required every five years and every time a modification or a co-located personal wireless service facility is proposed.
G.
Federal environmental filing requirements.
(1)
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. I). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
(2)
At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town of East Hampton for each personal wireless service facility site that requires such an EA to be submitted to the FCC.