Permits for construction or alteration. 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 of any structure or premises is commenced, the owner or lessee shall submit to the Building Inspector a statement, in triplicate, on appropriate blanks furnished by the Building Inspector, describing the proposed work, together with such computations, plans and detail drawings as the Building Inspector 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 in this section) 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.

In the case of an interior or a minor exterior alteration to an existing structure, the filing of a lot diagram shall not be required unless the Building Inspector 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 Building Inspector, do not require the filing of plans, a statement describing such minor alterations shall be submitted to the Building Inspector 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 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 or any other provision of law applicable thereto, except as specifically noted otherwise. (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. (NOTE: Plans for the construction or alteration 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 Building Inspector.)

The Building Inspector will review all building permit applications, including the plans and specifications for the proposed construction, to determine if said construction is consistent with the Flood Damage Prevention chapter herein.[1]

In a Professional District, Senior Citizens Multiple-Residence District, Business District, Marine Business District or Industrial District and places of public/private assembly, a Village of Lindenhurst building permit will be required for concrete, asphalt, blacktop or any type of permanent on-site paving.[2]

No person shall construct, erect, develop or expand a driveway or parking lot or areas designated for the parking of boats or motor vehicles in any zoning district of the Village of Lindenhurst without having first obtained a permit on a form provided by the Building Department. The fee for such permit shall be as established from time to time by resolution of the Board of Trustees. All driveways, parking lots or areas designated for the parking of boats or motor vehicles shall comply with the requirements of the Village Code. No residential driveway shall exceed 22 feet in width.

The provisions of the Uniform Code relating to maintenance, housekeeping and behavior regulations so as to protect life and property against the hazards of fire, explosion and the release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices shall apply equally to new and existing buildings and conditions.

The Building Inspector and/or Fire Marshal and/or Zoning Inspector, as may be appropriate, shall have authority to permit the continuance of existing conditions not in strict compliance with the terms of this article where the exceptions do not constitute a distinct hazard to life or property.

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 Building Inspector a statement, in triplicate, on appropriate blanks furnished by the Building Inspector, stating the nature of such difficulties or hardships and the proposed means to overcome them.

The Building Inspector 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 Building Inspector thereon shall be entered upon the records of the Village.

Approval of applications.

Approval of applications in part. Nothing in this section shall be construed to event the Building Inspector from approving and issuing a permit for the construction of part of a building or structure, provided that plans have been submitted or approved.

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

Expiration of permit by limitation.

Compliance with plans, laws and regulations.

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 § 193-123, Permit applications, 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 in which the lot area is reduced by reason of any street opening or widening or any other public improvement.

Revocation of permits. The Building Inspector 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.

No building or other structure shall be used, built or altered or be erected to be used and no land shall be used for any purpose until an application shall have been made to install, at the applicant's own expense, curbing, sidewalks and driveway aprons in front of the subject premises. This provision shall apply to all zones established within the Village, and said sidewalks, curbing and aprons shall be installed in accordance with the specifications and requirements as established by the Village of Lindenhurst.

Existing use.

Certificates of occupancy for new structures.

Certificates of occupancy for altered structures. The occupancy or use, in whole or in part, for any purpose whatever, 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 Building Inspector 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 now-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 Building Inspector shall issue a certificate of occupancy for any now-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 Building Inspector's department.

Change of occupancy.

Temporary certificates of occupancy. Upon request of the owner or his authorized representative, the Building Inspector 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 removal by the Building Inspector for similar periods of not more than 90 days at the discretion of the Building Inspector.

Contents of certificate of occupancy. In addition to the certification required by this article as to compliance with the approved plan 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 certificate of occupancy. A certificate 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 Building Inspector's department and copies shall be furnished on request and on the payment of the fee prescribed in § 193-132 to any person having a proprietary interest in the structure affected.

A permit shall be issued to the applicant by the Building Inspector upon the payment of a fee to the Village of Lindenhurst. The fee shall be established by resolution of the Village Board of Trustees. A fee shall be required for the following:

There shall be a fee charged for any construction inspection requiring, in the opinion of the Building Department, the services of the Village Engineer. The fee shall be established by resolution of the Village Board of Trustees and shall, at a minimum, include the actual cost incurred by the Village for such services. Subsequently, for each reinspection required by the Building Department due to noncompliance by the applicant, an additional fee, as established by resolution of the Village Board of Trustees, shall be paid to the Village prior to each such reinspection.

Whenever application shall be made for a permit requiring site plan review pursuant to the provisions of this chapter, an additional fee amounting to 1% of the estimated construction cost shall be paid, along with the permit fee, at the time the application is made. Such sum shall be paid to the Village and held as a separate fund to be used exclusively for parks, playgrounds and recreational purposes, for the planting of trees in public places in the Village and/or for other such public improvement purposes deemed appropriate by the Village Board of Trustees.

All fees as required by this section shall be increased by 200% whenever the work which is subject to a fee is commenced prior to the issuance of the appropriate permit.

Notwithstanding anything to the contrary in this Code, the construction or alteration of one shed not exceeding 100 square feet and eight feet in height shall not require a building permit in any residential zone, provided that it otherwise complies with the requirements of the Code. Such shed shall be at the rear of the rear house line and/or a minimum of 45 feet from the front property line and a minimum of two feet from the rear and/or side yard property line.

Notwithstanding anything to the contrary in this Code, construction or alteration of a deck that is less than 18 inches in height shall not require a building permit in any residential zone, provided that it otherwise complies with the requirements of the Code.

Notwithstanding anything to the contrary in this Code, construction or alteration of a fence shall not require a building permit in any residential zone, provided that it otherwise complies with the requirements of the Code.

Referral. The Board of Trustees, the Planning Board, the Zoning Board of Appeals and/or the Building Department, in the review of any application, may refer any such application presented to it for review and consultation to an engineering, planning, legal, technical or environmental consultant(s) or professional(s) as such Board shall deem reasonably necessary to enable it to review such application as required by law. Charges made by such consultants shall be in accordance with charges usually made for such services in the metropolitan New York region or pursuant to an existing contractual agreement between the Village and such consultant. Charges incurred by the Village in utilizing Village employees shall be in accordance with the hourly rates upon which the employee's actual salary is based including fringe benefits and reasonable overhead. All such charges shall be paid by the applicant on submission of a Village voucher.

Reimbursement. The applicant shall reimburse the Village for the cost of such consultant services upon submission of a copy of the voucher. In the event that an application is required to be reviewed by more than one board, then, in such event and to the extent practicable, boards and departments shall use the same consultant, who shall in such case, to the extent practicable, prepare one report providing data, information and recommendations requested. In all instances, duplication of consultants' reports or services shall be sought to be avoided wherever practicable in order to minimize the cost of such consultants' report or services to the applicant. The above fees are in addition to any and all other fees required by any other law, rule or regulation or the Village Code.

Escrow accounts. At the time of submission of any application or thereafter, the reviewing board or department may require the establishment of any escrow account, from which withdrawals shall be made to reimburse the Village for the costs of consultant services. The applicant shall then provide funds to the Village for deposit into such account in an amount to be determined by the reviewing board based on its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Village voucher for such services as they are submitted to the Village. When the balance in such escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds into such account to bring the balance up to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement of such additional deposit, the reviewing board may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or certificate of occupancy or use shall not be issued unless all consultant services fees charged in connection with the applicant's project have been reimbursed to the Village. After all pertinent costs, fees and charges under this section have been paid, the Village shall refund to the applicant any funds remaining on deposit.

Collection of fees. All fees required pursuant to this chapter shall be collected by the Village Administrator Clerk of the Village of Lindenhurst.

Applicability. This chapter shall be applicable to the applications pending at the time it shall become effective, unless the reviewing board shall determine that its application would be impracticable, unfair or unjust in the particular circumstances. Where this chapter shall be applicable to a pending application, it shall, in such event, require an applicant only to pay for consultant services rendered after it shall have become effective.

Duties of Building Inspector.

Inspections. Inspections required under the provisions of this code shall be made by the Building Inspector 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 the Building Inspector. All applications, notices and sworn statements required by this article and copies of the approved plans shall be kept on file in the Building Inspector's office. Applications shall be promptly docketed as received.

Authority to adopt rules. The Building Inspector 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 Building Inspector 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 Building Inspector 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 Building Inspector's office, properly indexed and open to public inspection during business hours.

Right of entry. Any officer or employee of the Building Inspector's office, so far 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. The right of entry shall be exercised with discretion, and all routine inspections shall be made at reasonable hours during the working day, and, in the event that the occupant or owner refuses to allow the Building Inspector to exercise this right of entry for the purpose of carrying out his office, then the Building Inspector shall have the right to apply to a court of competent jurisdiction for the necessary court order and injunction to carry out this duty.[1]

Stopping work; vacating and securing structures. In case there shall be, in the opinion of the Building Inspector, 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 Building Inspector 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 Building Inspector may, when necessary for public safety, temporarily close the sidewalks, streets, structures or places adjacent to said structure or part thereof, and the Suffolk County Police Department, when called upon by said Building Inspector to cooperate, shall enforce all orders or requirements made under this section.

Action or proceeding, generally. Whenever the Building Inspector 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 Building Inspector 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 occupation 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 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 Building Inspector and on his affidavit setting forth the facts, apply to any court of record or to a judge or justice thereof for any 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 whatever, 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.

Lieu 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, and notwithstanding the same may be transferred subsequent to the filing of said notice.

Lis pendens. The notice of lis pendens referred to in this section shall consist of a copy of the notice issued by the Building Inspector requiring the removal of the violation and a notice of the suit or proceedings instituted or to be instituted thereon. Such notice of lis pendens may be filed at any time after the service of the notice issued by the Building Inspector 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 cancelled of record upon an order of a justice of the court in which 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 of consent as aforesaid.

Costs. In no case shall the Building Inspector or any officer of the Village be 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.

Officers not liable for damages. No officer or the Building Inspector's office, 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 order to comply with notices or orders. 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 a special request of the Building Inspector, with the consent of the Board of Trustees, apply to the Supreme Court, at a special term thereof for an order directing the Building Inspector to proceed to make the alterations or remove the violation, as the same may be, specified in said notice or direction. Any such request shall require the consent of the Board of Trustees.

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 Village Counsel shall, with the consent of the Board of Trustees, at the request of the Building Inspector's office, 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 Building Inspector to vacate such structure or premises or so much thereof as he may deem necessary and prohibiting 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 is 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 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 to 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 Building Inspector. The designation must specify the location of the property with respect to which the designation is made and the residence 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 acknowledging and endorsed with the consent of the Building Inspector. The Building Inspector 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 in § 193-138B of this section, 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 where the property affected by such action, suit or proceeding is located; 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 mechanic's-lien laws applicable to the Village.

General penalties.

Any person or persons, associations or corporations who shall knowingly and willfully violate any of the provisions of the Building Code 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 punished by a fine of not less than $250 nor more than the maximum fine permitted to be levied by a Village Justice pursuant to the jurisdiction and powers conferred by the laws of the State of New York for every such offense. The owner of a structure or premises or part thereof where anything in violation of this code 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 offense and, upon conviction thereof, shall be dealt with as herein provided.

Any person who enters or remains in any structure, building or premises that has been previously posted by a Building Inspector, Zoning Inspector or Fire Marshal as "unsafe, unlawful or not fit for human occupancy" pursuant to the New York State Uniform Building Code or openly violates any order of the Building Inspector, Zoning Inspector or Fire Marshal shall be guilty of a misdemeanor, and upon conviction thereof, a fine of not less than $2,500 nor more than $7,500 must be imposed and a term of imprisonment for a period not to exceed one year may be imposed, or both. Knowledge that the structure, building or premises had been previously posted by a Building Inspector, Zoning Inspector or Fire Marshal as "unsafe or not fit for human occupancy" is not an element of this violation, and said violation shall be one of strict liability.