Driveways. Installation or reconstruction of Driveways, paved or unpaved, must be submitted for approval by the Building Commissioner pursuant to this section.

Unless governed by a more specific provision of law, permits are required for the construction of:

The Mayor may appoint one Building Commissioner and one or more Deputy Building Commissioners. A Deputy Building Commissioner may, at the direction of the Building Commissioner or the Mayor, act on behalf of the Building Commissioner in the Commissioner's absence.

As the need may appear, the Mayor may appoint one or more Building Inspectors, who shall be qualified and appointed as "Code Enforcement Officers." Building Inspectors shall act under the supervision and direction of the Building Commissioner and shall assist the Building Commissioner as the Commissioner may direct.

(Reserved)

In the absence of a Building Commissioner or the Deputy Building Commissioner or in the case of the inability of either to act for any reason, the Mayor shall have the power to act on behalf of the Building Commissioner and to exercise all the powers conferred upon him by this article.

One or more Code Enforcement Officers may be appointed by the Mayor. A Code Enforcement Officer shall be licensed by the State of New York and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and Code Enforcement Officers shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

The Mayor may appoint a Village Architect who shall advise and consult with the Mayor, the Building Commissioner, Village boards, or officers as directed by the Mayor.

Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Building Commissioner shall administer and enforce all of the provisions of the Building Code, any regulations promulgated thereunder, and any rules and regulations adopted by the Village of Sands Point applicable to the construction, Alteration, removal, and demolition of Buildings, site work, and Structures, including, but not limited to, electrical, plumbing and drainage work therein, and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.

During construction or prior to the issuance of a Certificate of Occupancy or a Certificate of Completion, the Building Commissioner, Deputy Building Commissioner, Building Inspector, Code Enforcement Officers, or other persons designated by the Building Commissioner shall have the right, for reasons of public health or safety, at any reasonable hour, upon the showing of proper credentials and in the discharge of their duties, to enter upon any Building, Structure, or premises for which an application for a permit from the Building Department has been filed or a Building Permit has been issued, and no person or animal shall interfere with or prevent such entry. The application for a Building Permit shall be conclusively deemed consent to the aforementioned entry.

The Building Commissioner and the Deputy Building Commissioner may, on complaint or other information, examine existing and completed Buildings and Structures, as well as Buildings and Structures under construction, and may issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of applicable laws, codes, ordinances or regulations. The Building Commissioner and the Deputy Building Commissioner may make all inspections which are necessary or proper for the carrying out of their duties, except as they may accept written reports and certifications of inspection from others.

The Building Commissioner shall keep permanent official records of all transactions and activities conducted by him and the Deputy Building Commissioner, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality and notices and orders issued.

The Building Commissioner may, in his discretion, as a condition to the issuance of a permit for any activity under his jurisdiction, require that sound buffers and/or landscape screening or other reasonable mitigation measures under the circumstances be provided and maintained to reduce, to the extent practicable, the adverse impacts that the noise and/or view of such improvements may reasonably be expected to have upon neighboring properties.

In consultation with this Village's Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this article or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this article.

Exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article.

No person, firm, or legal entity shall commence an excavation for a foundation, the construction, enlargement, Alteration, removal, improvement, demolition, conversion, or change in the nature of any occupancy of any Building or Structure or the use of land, or cause the same to be done, without first obtaining a separate Building Permit or a use permit, as the case may be, from the Building Commissioner for each such Building or Structure or plot of land, except that no Building Permit shall be required for the performance of work which is determined by the Building Commissioner to be ordinary repairs and which is not structural in nature. At the time of application, all fees and deposits required pursuant to Chapter 82, Fees and Deposits, shall be paid in full.

Improvements not requiring a Building Permit for work pursuant to § 176-50 shall not be deemed an authorization for work to be performed in contravention of the Uniform Code or the Energy Code or of the area requirements of this Chapter.

Application for Building Permits for methods of sewage disposal projects and for swimming pools must be in accordance with the requirements of the Village of Sands Point and the requirements of the Departments of Health of Nassau County and of the State of New York.

Where additional water usage may be involved, the application for a Building Permit shall include a certificate from the Village Water Commissioner as to water availability.

In order to carry out his functions under this article and to protect the health, safety, and general welfare of the community, the Building Commissioner may require the submission of additional information.

At the discretion of the Building Commissioner and depending upon topography and the nature of the proposed construction, the applicant may be required to submit a site plan and/or topographical plan prepared, signed, and sealed by a professional licensed to do so by the New York State Department of Education. Said topographical plan shall indicate elevations at two-foot intervals and provide for drainage facilities and drainage so as to ensure adequate protection for the surrounding areas, including but not limited to roads and neighboring properties. Said topographical plan shall also include all factors which are material, including but not limited to surface drainage, existing Structures, future development, elevations of surrounding areas, actual and potential capacities of all stormwater basins and pools and the size thereof. Said plan shall be reviewed by the Village Engineer and must meet with his approval prior to the issuance of a Building Permit.

No Building Permit shall be issued for or in connection with any parcel or project until the applicant for said permit shall have received such approval of the proposed construction or Alteration as may be required by other governmental or municipal agencies.

No Building Permit shall be issued for or in connection with any parcel or project which is subject to the provisions of § 176-54 until a bond for a period of a minimum of three years in an amount to be approved by the Planning Board after recommendation of the Village Engineer and approved as to form and substance by the Village Attorney shall be posted to ensure against damage to Village or private property.

No Building Permit or use permit shall be issued until the Building Commissioner or his designee has determined that the proposed Building, Alteration, or use complies with all the provisions of this article and any other laws, ordinances and regulations applicable thereto and does not adversely affect the health, safety and general welfare of the community and does not have an adverse environmental impact upon the community.

Building Permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

Building Permit term. A Building Permit shall be effective to authorize the commencement of work in accordance with the application, plans, and specifications upon which it is based, in general, of up to 18 months depending on the nature of the work to be performed after the date of its issuance. If substantial construction is not commenced within this period, the permit is automatically revoked and deemed null and void.

Notification of commencement of work. The permittee shall notify the Building Inspector, in writing, of the date when the work authorized has begun.

Permit extensions.

Expiration of permits. In the event a Building Permit expires, such Building Permit immediately becomes null and void, and the permittee must reapply to the Building Department for a new Building Permit and conform to all requirements and fees then in effect for issuance of a permit as if a prior Building Permit had not been issued.

No foundation or construction for which a Building Permit has been issued shall be commenced on the premises unless:

Whenever necessary or appropriate to assure compliance with the provisions of the applicable laws, codes, ordinances, or regulations covering building construction, the Building Commissioner may require the applicant, at applicant's own cost, to provide test data and information from professional persons or from accredited and authoritative service bureaus or agencies.

The Building Commissioner may, at his discretion, issue a permit subject to the condition that an architect or engineer licensed pursuant to the New York State Department of Education be employed by the owner or builder to supervise and inspect all work done under the permit, in order to assure that the work conforms to the approved plans and the specifications. Immediately upon completion of the work, said architect or engineer shall file with the Building Commissioner an affidavit that he has complied with all inspection requirements and that the work has been carried out in accordance with the approved plans and specifications and in accordance with the provisions of this article. In such case, the Building Commissioner may rely upon such affidavit as evidence that such Structure conforms substantially to the approved plans, specifications and the requirements of the Code applying to Structures of its class and kind.

In order to carry out his functions under this article and to protect the health, safety, and general welfare of the community, the Building Commissioner may require the submission of additional information.

Construction inspections.

Construction site maintenance.

No Certificate of Occupancy, Temporary Certificate of Occupancy, or Certificate of Completion shall be issued for a Structure or an Alteration completed under a Building Permit until:

In addition to the requirements of Subsection A of this section, when, after final inspection and submission of all required documents containing information sufficient to satisfy the Building Department, it is found that the proposed work has been completed in accordance with this chapter, the applicable building codes, ordinances, and regulations and also in accordance with the application, plans, and specifications filed in connection with the issuance of the Building Permit, the Building Department shall issue a Certificate of Occupancy or Certificate of Completion. If it is found that the proposed work has not been properly completed, the Building Department shall refuse to issue a Certificate of Occupancy or Certificate of Completion and shall order the work completed in conformity with the Building Permit and in conformity with the applicable Building Code regulations.

The Certificate of Occupancy or Certificate of Completion shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of this chapter, applicable building codes, ordinances, and regulations and shall specify the use or uses and the extent thereof to which the Building or Structure or its several parts of the land may be put.

No Certificate of Occupancy or Temporary Certificate of Occupancy for the use of a Building requiring water service shall be issued until a water meter and water service line have been installed as required in the rates, rules, and regulations of the Village's water department, and such system is in operation.

No Building hereafter erected shall be used or occupied in whole or part until a Certificate of Occupancy, Temporary Certificate of Occupancy, or a Certificate of Completion shall have been issued by the Building Department.

No Building enlarged, extended, or altered or upon which work has been performed which required the issuance of a Building Permit shall continue to be occupied or used for more than 30 days after the completion of the Alteration or work unless a Certificate of Occupancy, Temporary Certificate of Occupancy, or a Certificate of Completion shall have been issued by the Building Department.

No change shall be made in the use or type of occupancy of any existing Building or plot of land unless a Certificate of Occupancy or a Certificate of Completion shall have been issued by the Building Department.

Temporary Certificate of Occupancy.

The applicant for a Building Permit may apply to the Village Board for a withdrawal of the application for or cancellation of a building permit, as the case may be, and a refund of the Building Permit fee and certificate of occupancy or certificate of completion fee. The Village Board, in its discretion, may grant said application for a withdrawal of the application for or the cancellation of the Building Permit, provided that said application is made within nine months of the date of the issuance of the permit or within nine months of the date of the application for said permit, as the case may be, and may order a refund of:

In the event that an architect or engineer shall, for any reason, discontinue his inspection of the construction of the Structure at any time prior to completion, the property owner shall immediately notify the Building Commissioner of such fact, and thereupon the Building Permit issued for such construction shall be suspended and no further work shall be done thereunder until an affidavit is filed by the property owner with the Village Clerk certifying that inspection of the construction has been resumed by another or the same architect or engineer. Any permit which is suspended for more than six months shall be automatically revoked and deemed null and void.

In the event of the abandonment of any building project, it shall be the duty of the holder of the permit or the owner of the premises, his agent or duly authorized representative to backfill any open excavation up to the street or ground level and to maintain the Structure and property in a manner which limits and prevents danger to persons or property and eliminates any potential fire hazards.

In the event that construction either is commenced prior to the issuance of a Building Permit or in excess or otherwise in violation of the work authorized pursuant to a validly issued Building Permit, the fee for any new or amended Building Permit issued thereafter shall be as determined by the Village Board on notice to the applicant in an amount not to exceed four times the fee that would have been payable had the permit for all work involved been properly applied for prior to any construction under the original permit.

The effective date of any permit or amendment thereof issued after commencement of the original construction shall be, as nearly as can be determined, the original date of commencement of construction had the construction been done pursuant to a duly issued Building Permit. Fees for extension of such a Building Permit shall be due and payable at the expiration of the permit pursuant to the established effective date.

Alterations to any plans filed with and approved by the Building Commissioner upon which a Building Permit or amendment thereto is issued shall be submitted in a form prescribed by the Building Commissioner and subject to the procedure set forth herein for the approval of original building plans.

Where the Building Commissioner finds that an application (including any plans or specifications) contains any false statements or misrepresentations as to any material fact upon which the permit was based.

Where the Building Commissioner finds that the permit was issued in error or was not issued in accordance with applicable laws, codes, ordinances and/or regulations.

Where the Building Commissioner finds that the work performed under the permit is not being pursued in accordance with the filed and approved application, plans and/or specifications.

Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Building Commissioner.

Remedial orders. The Building Commissioner shall have the power to order, in writing, the remedying of any conditions found to exist in, on or about any building in violation of the Building Code or any other laws, codes, ordinances or regulations applicable to the construction, Alteration, repair, removal, or demolition of Buildings or Structures, including electrical, plumbing, and drainage work and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof, or where the construction area is unsafe, unclean, untidy or unsightly. Such orders shall be served upon the owner of the premises or his authorized agent personally or by certified mail or by nationally recognized courier that can provide proof of delivery, addressed to the owner or his authorized agent at the address set forth in the application for an existing permit for the premises, or, if no effective application or permit has been filed, by certified mail to the owner of the premises at his last known address. The Building Commissioner may grant, in writing, such time as may be reasonably necessary for achieving compliance with such order.

Stop-work orders. Whenever the Building Commissioner has reasonable ground to believe that work on any Building or Structure is proceeding beyond the scope of a permit 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 deliver notice of same to the Village Clerk, who shall issue a stop-work order. Such order shall be served upon the owner of the premises or his authorized agent personally or by certified mail, addressed to the owner or his authorized agent at the address set forth in the application for an existing permit for the premises, or, if no effective application or permit has been filed, by certified mail to the owner of the premises at his last known address. Upon the issuance of a stop-work order, any and all persons shall immediately cease all work and related activities at the subject premises until the order has been duly rescinded.

Any remedial or stop-work order issued pursuant to this chapter shall be in a form prescribed by the Village Clerk and shall state the reasons for issuance of the order, together with the date of issuance. The order shall bear the signature of the Village Clerk and shall be prominently posted at the work site.

Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the Building Code, applications for variances consistent with the spirit of the Building Code may be made to the regional New York State Board of Review in accordance with Part 440 of the New York Code of Rules and Regulations, entitled "Uniform Code: Board of Review," as promulgated by the New York State Department of State. The Code Enforcement Officer shall maintain a copy of such rules and regulations for public inspection and shall obtain and retain a copy of all decisions rendered by the Board of Review pertaining to matters affecting the Village.

Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this Building Zone Ordinance of the Village or any other laws, ordinances or regulations which provide for the process of appeal and which provision is not also required by the Building Code, applications for variances consistent with the spirit of such law, rule or regulation may be made to the BZA.

Upon determination by the Building Commissioner that a violation of the Building Code or Building Zone Ordinance, or resolution or order adopted by a Village board, exists in, on, under or about any building or premises, he shall cause to be served upon the owner of the premises, or his authorized agent, a written notice of violation. Such notice shall describe the premises by street address or by reference to its designation on the Nassau County Land & Tax Map and state the specific provision of the Building Code, Building Zone Ordinance or resolution or order adopted by a Village board which the particular condition violates and shall order the remedying of the condition within such time as may be reasonably necessary for achieving compliance, which in no event shall be more than 180 days. Such notice shall be served upon the owner of the premises or his authorized agent, personally or by certified mail, at his last known address, as the same appears on the assessment rolls of the Village. The Building Commissioner shall cause a copy of such notice to be filed in the office of the Village Clerk against the subject property until such time as the violation is cured.

Any person, firm or corporation who violates any provision of the Building Code or any rule or regulation of this Building Zone Ordinance or the terms or conditions of any resolution or order adopted by a Village board or Certificate of Occupancy or Certificate of Completion issued by the Building Commissioner shall be liable for fines and penalties pursuant to Article VIII, § 176-67.

Nothing herein contained shall be construed as prohibiting the Village from instituting an action in Village Justice Court, at any time, to recover the fines and penalties provided by this section.

Alternatively, or in addition to an action to recover the fines and penalties provided by this section, the Village may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce any provision of, the Building Code or of this Building Zone Ordinance, this article or the terms or conditions of any resolution or order adopted by a Village board or Certificate of Occupancy or Certificate of Completion issued by the Building Commissioner.

The failure to pay any Building Permit fees, costs, charges, and deposits for which a permit applicant or property owner is responsible under Chapter 176 or Chapter 82 of the Code, including fees for the extension of a Building Permit, shall be deemed a violation, punishable pursuant to Chapter 82 of the Code, and shall become a lien upon the property until paid. The Village shall note such violation on the records of the Building Department for the property that is the subject of the permit application, including on the Certificate of Occupancy for such property. Such notation shall constitute notice of the violation to all present or future property owners.

The Village shall not accept, review, or approve an application for a building permit until all past due fees, costs, charges, and deposits are paid in full.