New Hempstead City Zoning Code
ARTICLE VII
Administration and Enforcement
§ 290-67 Compliance required for issuance of permits or other authorizations.
No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction or alteration of any building or structure or for any use of land, building or structure that would not be in full compliance with the provisions of this chapter, except as permitted under Article VIII of this chapter. Any permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
§ 290-68 Code Inspector.
[Amended 7-5-1984 by L.L. No. 17-1984; 5-22-2017 by L.L. No. 2-2017]
This chapter shall be enforced by the Code Inspector and one or more Assistant Code Inspectors as deemed necessary, referred to herein individually and collectively as the "Code Inspector," as appointed by the Mayor and Board of Trustees. It shall be the duty of the Code Inspector and he is hereby empowered:
A.
To inspect any building, structure or land to determine whether any violations of this chapter have been committed or exist, whether or not such building, structure or land is occupied and whether or not a certificate of occupancy has been issued.
B.
To keep the Board of Trustees advised of all matters pertaining to the enforcement of this chapter and to make and keep all records necessary and appropriate to the office, including records of written complaints of violations of this chapter and action taken on the same.
C.
To issue and post notices of violations, stop orders and revocations of certificates of occupancy and order the remedying of any condition or omission that is found to be in violation of this chapter. The Code Inspector shall also have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any provision of this chapter. In addition, by resolution, the Board of Trustees may direct the Code Inspector to revoke such certificates of occupancy, issue such stop orders, make such inspections and reports, initiate and take such court proceedings and perform all other actions as required by the Board of Trustees as may be necessary to enforce this chapter or to invoke penalties for its violation.
§ 290-69 Building Inspector.
The Building Code[1] shall be administered by the Building Inspector and one or more Assistant Building Inspectors as deemed necessary, referred to collectively as the "Building Inspector," as appointed by the Board of Trustees. It shall be the duty of the Building Inspector and he is hereby empowered:
A.
To receive and review applications for building permits and to issue building permits.
B.
To receive and review applications for certificates of occupancy and to issue certificates of occupancy.
C.
To inspect any building, structure or land to determine whether any violations of this chapter have been committed or exist, whether or not such building, structure or land is occupied and whether or not a certificate of occupancy has been issued.
D.
To keep the Board of Trustees advised of all matters pertaining to the enforcement of this chapter and to make and keep all records necessary and appropriate to the office, including records of written complaints of violations of this chapter and action taken on the same.
E.
To issue and post notices of violations, stop orders and revocations of building permits and certificates of occupancy and order the remedying of any condition or omission that is found to be in violation of this chapter. The Building Inspector shall also have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any provision of this chapter. In addition, by resolution, the Board of Trustees may direct the Building Inspector to revoke such building permits and certificates of occupancy, issue such stop orders, make such inspections and reports, initiate and take such court proceedings and perform all other actions as required by the Board of Trustees as may be necessary to enforce this chapter or to invoke penalties for its violation.
[Amended 7-5-1984 by L.L. No. 17-1984]
[1]
Editor's Note: The New York State Uniform Fire Prevention and Building Code is currently enforced in the Village.
§ 290-70 Conformance with regulations; stop orders; revocation of certificate of occupancy.
A.
No building permit or certificate of occupancy shall be issued unless the proposed construction or use is in conformance with all the provisions of this chapter and other applicable laws.
B.
Whenever the Building Inspector or Code Inspector determines upon reasonable grounds that work on any building, structure or lot is being or has been conducted in violation of any of the provisions of the Building Code, state or federal laws, building laws, ordinances, local laws, regulations, rules or specifications of the Village of New Hempstead or other applicable laws or regulations or the requirements of any approved site plans or subdivision plat, including required drainage, grade or elevation plans, or not in conformity with the provisions of any application, plans or specifications upon which a building permit was issued or that such work is being conducted in a dangerous or unsafe manner, then the Building Inspector or Code Inspector may notify the owner of the property or the owner's agent or the person performing the work to suspend such remaining work on any building or structure which is or could be affected by the violation located within the plot or subdivision where the violation exists. If work remains to be performed on such buildings or structures, such persons shall forthwith stop such work and suspend all building activities on the affected buildings or structures until the stop order has been rescinded. Such stop order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building or structure under construction and sending a copy of the same by registered mail. Any person aggrieved by such a stop order may appeal to the Board of Appeals within 30 days to review the same, and the Zoning Board of Appeals, on such review, may affirm, modify or reverse the action of the Building Inspector or Code Inspector, as the facts may warrant.
C.
Where the determination of violation concerns a building or structure for which a certificate of occupancy has already been issued, the Building Inspector or Code Inspector may revoke the certificate of occupancy in accordance with § 290-81 of this chapter. Upon revocation of the certificate of occupancy, the occupants then have a maximum period of 60 days in which to vacate the premises.
§ 290-71 Alterations requiring building permit.
[Amended 11-15-1984 by L.L. No. 31-1984]
A building permit is required for the construction, reconstruction, moving, demolition or structural alteration or change in the use of a building or a structure or for nonstructural alterations thereto other than ordinary repairs. Nonstructural alterations shall include but not be limited to the construction or moving of an interior wall, window enlargement or extension of plumbing, heating or electrical systems or facilities.
§ 290-72 Application for building permit.
A.
Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information:
(1)
A description agreeing with the Tax Map of the Village of New Hempstead of the land on which the proposed work is to be done.
(2)
A statement of the use or occupancy of all parts of the land and of the building or structure.
(3)
The valuation of the proposed work.
(4)
The full name and address of the owner and of the applicant, including the full names and addresses of each officer and director of any corporation or each member of a partnership.
(5)
A brief description of the nature of the proposed work.
(6)
All applications shall be accompanied by two copies of the applicable site plan, subdivision maps, drainage grading and elevation plans and all other documents, if required for the development of the plot, building or structure.
(7)
Each application for a building permit shall be accompanied by plans and specifications, including plot plans as required, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, the distance from plot lines, the widths and grades of adjoining streets, walks and alleys and the details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Such plans and specifications shall include on the plot plan or site plan the proposed location of all underground facilities, including gas service, electric service, sewer lines, drainage lines (including routing of drainage from roof leaders and footing drains) to a positive outlet, water lines, sprinkler lines, telephone lines, etc. The building plans shall include plans for mechanical services, including gas, electric, water, heating and air conditioning. Plans and specifications shall bear the signature of the person responsible for the design and drawings and the architect's or engineer's signature, seal and New York State license number.
B.
Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
C.
Any amendment to the application or to the plans and specifications accompanying the same must be filed and approved by the Building Inspector and, if required, the Architectural Review Board prior to the commencement of the amended work, and such amendments shall comply with the provisions of this chapter. The granting or refusal of such an amendment by the Building Inspector shall be in writing and may be reviewed by appeal to the Zoning Board of Appeals within 30 days after such determination is filed in the office of the Building Inspector.
§ 290-73 Review of application; issuance of building permit.
[Amended 7-5-1984 by L.L. No. 17-1984; 11-15-1984 by L.L. No. 31-1984]
A.
The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. Within 20 days of receipt of the same, except where review by the Board of Trustees, Planning Board or Architectural Review Board is required, he shall approve or disapprove the permit. If the approval of the Board of Trustees, Planning Board or Architectural Review Board is required pursuant to the requirements of this chapter, the Building Inspector shall refer the application to the appropriate board for review under these regulations, with board approval required prior to any issuance of a building permit. Where Board of Trustees, Planning Board or Architectural Review Board approval is required, the Building Inspector shall approve or disapprove the permit within 10 days of the receipt of the board's written approval. An appeal from the approval or disapproval of any application shall be made to the Zoning Board of Appeals within 30 days after the determination of the Building Inspector has been filed in the office of the Building Inspector or endorsed on the building plans filed in said office. Any final determination of disapproval shall be indicated in writing and, together with the copies thereof filed in the office of the Building Inspector, mailed to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Upon approval of the applications and upon receipt of the fees therefor, the Building Inspector shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Building Inspector, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site and open to inspection by the Building Inspector or his authorized representative at all reasonable times.
C.
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Official shall disapprove the same and shall return the plans and specifications to the applicant.
§ 290-74 Expiration or extension of building permit.
Every building permit shall expire by limitation at the end of one year from the date issued. If a construction is not completed within said one-year period, the Building Inspector may, for due cause shown, extend the permit for a period not to exceed one year.
§ 290-75 Liability insurance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the event that any application for a building permit provides for construction or other activity involving operation of equipment, personnel or placement of materials which may create a hazard on a public street, way, easement or public property, prior to issuing such building permit, the applicant shall present evidence of liability insurance saving the Village harmless in the amount of $1,000,000 per person and $5,000,000 per occurrence, or such other amounts as may be approved by the Village Board, in a form acceptable to the Village Attorney. Additionally, property damage insurance or other surety acceptable to the Village Attorney may be required where such construction or activity may damage public property, including sidewalks, paving, signs or landscaping. In reviewing any application hereunder, the Building Inspector shall determine whether such hazard may exist by virtue of the nature of activity described in such application. Where, after a building permit has been issued without such liability insurance, it shall appear that such hazards are present, the Building Inspector may, on due notice given, require such insurance and, pursuant to § 290-69E of this chapter, may suspend such activity pending receipt of the required liability policy.
§ 290-76 Fees for building permits.
Every application for a building permit pursuant to this chapter and/or the Building Code shall be accompanied by a fee in accordance with the Fee Schedule of the Village of New Hempstead.
§ 290-77 Certificate of occupancy required.
A.
No building or structure or portion thereof for which a building permit has been issued shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. Continued use or occupancy of the building or structure shall be in conformance with the issued certificate of occupancy.
[Amended 11-7-1985 by L.L. No. 6-1985]
B.
No change shall be made in the use or type of occupancy of an existing building or structure or in the use of land, except to any use which is primarily agricultural, unless a certificate of occupancy authorizing such change in use shall have been issued by the Building Inspector. A change in use shall include a change in the type or general class of goods or services sold or manufactured and any substantial change in manufacturing operation involving new equipment and machinery.
§ 290-78 Application for certificate of occupancy.
The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector:
A.
A complete set of as-built drawings showing the as-built locations of all the underground facilities and interior mechanical services. These plans shall be signed and certified by a New York State licensed architect or engineer.
B.
An affidavit of the owner or the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of this experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought and that the structure has been erected in accordance with approved plans and, as erected, complies with this chapter and the law governing building construction, including all subdivision regulations and the requirements of any approved subdivision plat or site plan, except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
§ 290-79 Issuance of certificate of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy, and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the law. However, any certificate of occupancy for the establishment of any use of a building or land requiring a special permit as listed in the Schedule of Use Regulations[1] and any other particular use requiring the approval of the Planning Board shall be issued only with the authorization of the Planning Board. Every certificate of occupancy for a use for which a special permit or variance has been granted shall contain a detailed statement of such special permit or variance and of the conditions to which the same is subject.
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
§ 290-80 Fees for certificate of occupancy.
Every application for a certificate of occupancy shall be accompanied by a fee as set forth in the Fee Schedule of the Village of New Hempstead.
§ 290-81 Revocation of certificate of occupancy.
A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect so long as such building or land is used for the use authorized in the certificate of occupancy. If terms of such certificate of occupancy are violated by the holder thereof, the Building Inspector or Code Inspector may, by service of notice of violation, revoke such certificate of occupancy, which order of revocation is, however, subject to review by the Zoning Board of Appeals by the holder thereof taking an appeal to the Zoning Board of Appeals within 30 days of service of said order of termination.
§ 290-82 Copies of certificate of occupancy; fee.
Copies of every certificate of occupancy issued hereafter shall be furnished on request to the Planning Board or Zoning Board of Appeals and on the payment of the regular application fee therefor to any other person. The Board of Trustees may, by resolution, fix the fees required from the general public for copies of public documents required under this chapter.
§ 290-83 Penalties for offenses; other remedies.
[Amended 3-6-1986 by L.L. No. 4-1986]
A.
Any person, as defined in this chapter, other than a corporation, who shall violate any provision of this chapter or any other regulation made under authority conferred hereby or who shall build or alter any structure or use any land in violation of any statement or plan submitted and approved hereunder or who shall knowingly assist therein shall be liable to a fine of not more than $5,000 or imprisonment not exceeding 15 days, or both such fine and imprisonment. Each day's continued violation shall constitute a separate and additional violation.
B.
Any corporation which shall violate any provision of this chapter or any other regulation made under authority conferred hereby or which shall build or alter any structure or use any land in violation of any statement or plan submitted and approved hereunder or which shall knowingly assist therein shall be liable to a special corporate fine of not more than $10,000. Each day's continued violation shall constitute a separate and additional violation.
§ 290-84 Proceedings to prevent or abate violations.
In case any land is used or any structure is erected, constructed, altered or maintained in violation of this chapter, any regulation made pursuant hereto or any detailed statement or plan submitted and approved hereunder, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful use, erection, construction, alteration or maintenance, to restrain, correct or abate such violation, to prevent the occupancy of such structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Whenever the Building Inspector or Code Inspector has reasonable grounds to believe that work on any structure is being prosecuted in violation of the provisions of this chapter or not in conformity with any regulation made pursuant hereto or not in compliance with any detailed statement or plan submitted and approved hereunder or in an unsafe and dangerous manner, he may issue a stop-work order pursuant to the provisions of the Building Code.