Valley Stream City Zoning Code
ARTICLE XXXII
Administration and Enforcement
§ 99-3201 Enforcement officials; powers and duties of Building Inspector.
This chapter shall be enforced by the Superintendent, Building Inspector, Assistant Building Inspectors, Code Enforcement Officers or Fire Inspectors as the Village Board may appoint and deem necessary. It shall be the duty of the Superintendent and he is hereby empowered to:
A.
Inspections. Inspect any building, structure or land to determine whether any violation of this chapter, the New York State Uniform Fire Prevention and Building Code or such other laws, rules and regulations as the Superintendent shall be chargeable with inspection or enforcement of has been committed or exists, whether or not such building, structure or land is occupied, whether such occupancy is in conformity with all of the applicable laws, rules and regulations, whether or not a certificate of occupancy or compliance has been issued, whether or not occupancy is in conformity with the aforesaid certificates or such other certificates as the Superintendent shall issue and otherwise generally inspect and enforce all of the laws, rules and regulations relating to or affecting lots, buildings, structures and their use and occupancy.
B.
Issue permits. Issue such permits and certificates in conformity with the laws, rules and regulations of the State of New York and of this chapter and refuse to issue the same in the event of noncompliance, which reason therefor shall be endorsed on the application and notice thereof given to the applicant, as is provided in this chapter.
C.
Advise Village Board. Keep the Village Board advised of all matters as the Village Board shall determine relating to the enforcement of this chapter and the appropriate laws, rules and regulations, make and keep all records necessary and appropriate to the office, including the issuance and denial of building permits, certificates of occupancy and/or compliance, formal complaints of violation and the action taken on the same, and keep a record of all permits, certificates of occupancy and compliance issued that shall be available for public inspection.
D.
Issue notices of violation. Issue and post notices of violations, stop-work orders, orders directing the remedying of any condition or omission that is or creates a violation of this chapter or other applicable laws, rules and regulations and revoke building permits, certificates of occupancy and certificates of compliance.
E.
Inspections and reports. Make such inspections and reports as shall be required by the Village Board for the enforcement, amendment or addition to this chapter or of any other applicable rules and regulations.
F.
Issue appearance tickets. 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 section of this chapter or for any order of the Superintendent.
G.
Other duties. Apply to the Village Board for authorization to perform such other actions or duties as may be necessary or required to enforce any authority or to invoke any penalty for the violation of this chapter and any other applicable rules and regulations.
§ 99-3202 Adoption of Uniform Fire and Safety and Building Code by reference.
The New York State Uniform Fire Prevention and Building Code is hereby adopted and recognized as the Official Building Construction Code of the Village for the purposes set forth therein and as it may be amended from time to time.
§ 99-3203 Granting of building permits and certificates of occupancy and/or compliance.
No building permit, certificate of occupancy or certificate of compliance shall be issued unless the proposed construction or use is in conformance with all the provisions of this chapter and other applicable laws.
§ 99-3204 Fire limits.
Construction of buildings or structures within fire limits, as defined by this chapter, shall comply with the requirements prescribed by the New York State Uniform Fire Prevention and Building Code which shall be deemed to apply to construction of such buildings or structures within C-1, C-2 or C-3 Districts wherein the fire hazard is moderate (Fire Limits B).
§ 99-3205 Noncompliance with orders.
Any person who shall violate any order of the Superintendent, issued under this chapter, shall be deemed to have violated this chapter.
§ 99-3206 Building permit required.
A.
Except as otherwise provided by this chapter, a building permit is required for:
§ 99-3207 Application procedure.
A.
Application for a building permit shall be made to and on forms provided by the Superintendent and shall contain the following information and shall be accompanied with the following documents and material as may be required by the Superintendent.
(1)
Each application shall contain the following information and any other information as required by the Superintendent:
(a)
A description agreeing with the Tax Map of the Village of the land on which the work is proposed.
(b)
A statement of the use or occupancy of all parts of the land and of the building or structure.
(c)
The valuation of the proposed work.
(d)
The full name and address of the owner and of the applicant, including the names and addresses of each officer of any corporation as deemed necessary.
(e)
A brief description of the nature of the proposed work.
(f)
Description of the proposed use.
(g)
All required permits, including but not limited to plumbing, electrical, sign and fence permits.
(2)
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 existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from plot lines, widths and grades of adjoining streets, walks and alleys and, where required by the Superintendent, details of structural, mechanical and electrical work, including computations, stress diagrams and other technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and, if construction is over $10,000 in value, the architect's or engineer's signature and New York State license number.
(3)
Application shall be made by the owner or authorized 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.
(4)
Any amendment to the application or to the plans and specifications accompanying the same must be filed in writing and approved by the Superintendent prior to the start of the amended work, and such amendments shall comply with the provisions of this chapter. The approval and/or refusal of such an amendment by the Superintendent shall be in writing within 10 business days from receipt of the amendment by the Superintendent.
(5)
Every application for a building permit pursuant to this chapter shall be accompanied by payment of a fee established by the Village Board by resolution at an open meeting.
B.
The Superintendent shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. The Superintendent shall approve or disapprove the application within one month from the receipt of the completed application and after referral and recommendation from all involved agencies, after applicable State Environmental Quality Review processing and upon payment of all appropriate documents and fees.
(1)
Upon approval of the application, the Superintendent shall issue a permit upon the prescribed form and shall affix his signature or cause his signature to be affixed thereto and endorse the plans and specifications to show approval.
(2)
If the application is disapproved by the Superintendent, the plans and specifications shall be returned to the applicant and each disapproval shall be filed in the office of the Superintendent.
C.
One set of such approved plans and specifications shall be retained in the files of the Superintendent for such time as may be mandated by state law, but not less than two years. The applicant shall at all times keep one set of approved plans and specifications, together with the building permit, at the building site and open to inspection by the Superintendent at all reasonable times.
§ 99-3208 Expiration of permits.
[Amended 10-27-2014 by L.L. No. 3-2014]
A.
Every building permit shall expire 12 months from the date of issuance, if all work is not completed.
B.
The holder of the permit may apply, in writing, to the Superintendent of Buildings for an extension of the original building permit. The Superintendent of Buildings, upon his review of the request, may extend the permit at six-month intervals (not to exceed 36 months) upon payment of 1/2 of the original permit fee. Should the Superintendent of Buildings not extend the permit, the holder of such permit will have to comply with Section C below.
C.
Failure to complete the work within the time prescribed shall require that a new building permit application be filed and fees paid and a new permit issued before any work may commence or continue.
§ 99-3209 Revocation of permits.
The Superintendent may revoke a building permit issued in any one of the following circumstances:
A.
There has been a false statement or misrepresentation as to a material fact in the application, plans, specifications or other accompanying documents upon which the building permit was based.
B.
The building permit was issued in error and should not have been issued in accordance with the applicable laws.
C.
The holder or the applicant has failed to meet the requirements of an approved site development plan or subdivision plat.
D.
The work being performed under the permit is not in accordance with the provisions of the application, the permit, the plans or specifications.
§ 99-3210 Stop-work orders.
Whenever the Superintendent shall determine that work on any building or structure is being or has been conducted in violation of any of the provisions of the Building Code, state, federal, county or Village laws, rules or regulations or has failed to meet or violates any requirement of any approved site plan or subdivision plat, including but not limited to the required drainage, grade or elevation plans, sewer and septic plans, approved road profile plans and such other plans or specifications upon which a building permit was issued or that any work is being conducted in a dangerous or unsafe manner, then the Superintendent shall notify the owner of the property or the owner's agent or the person performing the work to suspend and halt work. Such direction by the Superintendent (a stop-work order) shall be in writing and delivered to the owner or the owner's agent or the person performing the work or affixed to any part of said structure. Such stop-work order shall state the reasons therefor and the conditions under which the work may be resumed. Should work continue in violation of the stop-work order, the Superintendent may, without further notice, revoke the building permit and, if there is a certificate of occupancy or compliance, revoke the same.
§ 99-3211 Certificate of occupancy and/or compliance.
A.
When required, it shall be unlawful, until a certificate of occupancy shall have been applied for and issued by the Superintendent, to occupy or use any building hereafter erected or structurally altered or moved or the use of which has been substantially changed. It shall also be unlawful to occupy or use or make any substantial change in the use of any land until a certificate of occupancy shall have been duly issued by the Superintendent for any of the following:
(1)
Occupancy and use of a building hereafter erected, structurally altered or moved.
(2)
Change in the use of an existing building except to another use of the same general type.
(3)
Occupancy and use of vacant land.
(4)
Change in the use of land except to another use of the same general type.
(5)
Any change in use of a nonconforming use.
(6)
Establishment of any use of a building or land for which a special permit use is required.
B.
Application; compliance.
(1)
Application for a certificate of occupancy or certificate of compliance, on a form furnished by the Superintendent for a new building or for an existing building which has been altered, shall be made after the erection of such a building or part thereof has been completed in conformity with the provisions of this chapter and, in the case of a new building, shall be accompanied by an accurate survey prepared by a licensed land surveyor showing the location of all buildings as built. Such certificates shall be issued within five days after receipt of said application, but only providing all the requirements of all applicable codes or ordinances in effect are complied with.
(2)
Every application for a certificate of occupancy shall state that the building or the proposed use of a building or land complies with all applicable provisions of this chapter and shall contain an affirmation of that fact.
C.
Certificate data. In addition to the certification required by this article, of compliance with the approved plans and application and with the provisions of laws governing building construction, each certificate of occupancy shall state the purpose 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, the number and location of off-street parking spaces and any special stipulations of the permit.
D.
Temporary certificate of occupancy or compliance. A temporary certificate of occupancy or compliance for periods of 90 days, but not more than one year in the aggregate, for a building, structure or part thereof shall be issued before the entire work shall have been completed, provided that such portion or portions for which the certificate is issued may be occupied safely. For facilities intended for dedication to the Village, the Superintendent shall require a bond or certified check equal to 10% of the total construction cost of the entire work proposed to insure and guarantee the completion of the improvement.
E.
No change shall be made in the use or occupancy of a building or structure unless a certificate of occupancy authorizing the change of use shall have been issued. A change in use shall include, but not be limited to, a change in or of the type, class, nature or scope of the goods, services or operation.
F.
No certificate of occupancy shall be granted for any use which requires site plan or special use approval, unless such approval has been granted.
§ 99-3212 Occupancy of altered buildings and structures.
A.
It shall be unlawful to occupy or use in whole or in part, for any purpose whatever, any building or structure altered hereafter which was vacant during the progress of the work of alteration, until a certificate of occupancy shall have been issued by the Superintendent 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 alteration.
B.
In case such building or structure has been structurally altered so as to affect any existing means of egress or has been converted or altered from one class to another class or has been converted or altered so as to increase the number of dwelling units in the building and such alteration does not necessitate the vacating of the building during the progress of the work, the occupancy or use of the building shall not continue more than 30 days after the completion of such alteration unless a certificate of occupancy has been issued by the Superintendent.
§ 99-3213 Occupancy of existing buildings and structures.
The legal occupancy and use of any existing building or structure existing on the effective date of this chapter may continue.
§ 99-3214 Change of occupancy.
It shall be unlawful to make any changes of occupancy or use of any building or structure unless a certificate of occupancy authorizing the change of use shall have been issued. It shall be unlawful to make any change of occupancy in any building or structure hereafter which would bring it under some special provision of the laws governing building construction, unless certifying that such structure conforms to the provisions of the laws governing building construction for the proposed new occupancy and use and that the proposed use will not be in conflict with any provisions of this chapter, the Labor Law, Multiple Residence Law or the Building Code.
§ 99-3215 Certificate of compliance.
In those instances where work is performed under a permit but no certificate of occupancy is required, the Superintendent shall issue a certificate of compliance if it is found that the proposed work has been completed substantially in accordance with the permit and the laws applicable thereto. The certificate shall also indicate the use or uses to which the structure or installation may thereafter be put to and to what extent.
§ 99-3216 Supervised construction.
No certificate of occupancy will be issued for a building having a total floor area in excess of 10,000 square feet or any structure or portion thereof involving hazardous or complex conditions until a final certificate is filed with the Superintendent by the engineer or architect who supervised the construction, stating that the building or portion thereof was in fact constructed in conformity with the plans therefor filed with the Superintendent.
§ 99-3217 Initial and continued 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.
§ 99-3218 Issuance.
Upon issuance of a permit and the submission of a certified survey of the property, the Superintendent shall issue a certificate of occupancy for any building, structure or land existing legally at the effective date of this chapter, certifying after inspection that the use of the building, land or structure conforms to the provision of this chapter.
§ 99-3219 Record of certificates.
A record of all certificates of occupancy shall be kept in the office of the Superintendent, and copies shall be furnished on request to any agency of the Village or to any persons having a proprietary or tenancy interest in the building or land affected.
§ 99-3220 Revocations of certificate of occupancy due to parking or loading violations.
The Superintendent, after determining that the off-street parking or loading facilities required by this chapter are not being maintained in full compliance with the provisions herein, may revoke the certificate of occupancy issued for the building, structure or premises for which the off-street parking or loading facilities are required.
§ 99-3221 Right of entry.
The Superintendent or his authorized agent, upon the showing of the proper credentials and in the discharge of his duties, may enter upon any land or building or structure at any time or in time of emergency, subject to all applicable laws.
§ 99-3222 Penalties for offenses.
Any person who shall violate any provision of this chapter or who shall build or alter any structure or use any land in violation of any statement or plan submitted and approved thereunder, or who shall knowingly assist therein, shall be subject to fine not exceeding up to $2,000 for the first offense, up to $3,000 for the second offense and up to $3,000 for each separate and subsequent offense or 15 days in jail, or both. Each week's offense shall be deemed a separate offense, except that after more than two offenses, each day's offense may be deemed a separate offense. In addition to the foregoing provisions, the Village Board may impose such other remedies for any violation or threatened violation of this chapter as may be provided by law.
§ 99-3223 Prosecution under statutory provisions.
Nothing contained herein shall be deemed to limit or prevent prosecution pursuant to the Laws of the State of New York.
§ 99-3224 Appeals from decisions of Superintendent.
Whenever the Superintendent shall approve or disapprove, act or fail to act or otherwise perform any of his duties and shall render a decision thereon, such decision shall be reviewable by appeal to the Board of Appeals from the Superintendent's decision. Such appeal shall be taken not more than 30 days after the filing of the decision of the Superintendent in the office of the Superintendent.
§ 99-3225 Abandonment of project.
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 street or ground level; in case the construction of the building or structure has proceeded beyond the cellar excavation, all incomplete, new and altered structures shall be completely boarded so as to prevent access to the building or structure, in order to limit and prevent danger to persons or property and possible fire hazards.
§ 99-3226 Enforcement.
A.
No board, agency, officer or employee of the Village shall issue, grant or approve a permit, license, certificate or other authorization, including special permits, variances and other authorizations by the Board of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of any land or building that would not be in full compliance with the provisions of this chapter. Any such 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 for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, license, certificate or other authorization shall be unlawful.
B.
No legalization due to delinquency, oversight or any dereliction of duty on the part of the Superintendent, Building Inspector or other authorized agent shall legalize the erection, construction, alteration, removal, use or occupancy of any building or structure or use that does not conform to the provisions of this chapter.
§ 99-3227 Fees.
The fees for application to any board of the Village or for any and all permits, applications, certificates, searches, copies or any other activity that the Village Board shall determine that there shall be a fee shall be established by and periodically modified by the Village Board by resolution at an open meeting.