CHAPTER 26

 

                   UNIFORM CODE ENFORCEMENT

 

                           ARTICLE I

 

                      GENERAL PROVISIONS

 

§ 26.1  Title

 

  This Chapter shall be known and may be cited as the "Uniform Code Enforcement Law of the Incorporated Village of Mineola, New York."

 

§ 26.2  Purpose

 

  The purpose of this Chapter is to provide for enforcement procedures in the Village of the New York State Uniform Fire Prevention and Building Code, hereinafter called "Uniform Code".

 

§ 26.3  Area of responsibility

 

  A.  The Village is responsible for the administration and enforcement of the Uniform Code for all private buildings, premises and equipment located within the Incorporated Village of Mineola.

 

  B.  The Village is also responsible for the administration and   enforcement of the Uniform Code with respect to buildings, premises and equipment in the custody of, or activities related thereto undertaken by the Incorporated Village of Mineola or any special purpose unit created by or for its benefit, although no building permit or certificate of occupancy shall be required. The Village shall not be responsible for those of a city, other villages, town or county.

 

  C.  The State is responsible for the administration and enforcement of the Uniform Code with respect to buildings, premises and equipment in the custody of, or activities related thereto undertaken by, a State department, bureau, commission, board or authority.

 

  D.  The State Education Department shall likewise administer and enforce the Uniform Code for school districts and boards of cooperative educational services.

 

  E.  To the maximum extent practicable, the Village acting under  this Section shall consult with those other governmental entities  providing services, under authority of other laws, to those areas  where the authority conferred by this Section is exercised.

§ 26.21                  MUNICIPAL CODE

 

                          ARTICLE II

 

                     ENFORCEMENT OFFICERS

 

§ 26.21  Enforcement Officers

 

  The Department of Building and Code Enforcement as established in Chapter 3 entitled "Enforcement Officers" of this Municipal Code shall provide duly qualified Enforcement Officers to administer this Chapter and the Uniform Code.

 

§ 26.22  Chief Enforcement Officer; deputies and assistants

 

  The Board of Trustees hereby designates the Senior Building Inspector as the Chief Enforcement Officer of this Chapter.  He or she may delegate authority to any other qualified officer(s) or employee(s) to act as Enforcement Officer(s) and in case of his or her absence or inability to act, to designate at any time a suitable officer or employee to perform any or all of his or her duties under this Code.

 

§ 26.23  Duties of Enforcement Officers

 

  A.  Enforcement Officers.

 

  Except as otherwise specifically provided by law, rule or regulation, or except as herein otherwise provided, the Enforcement Officers shall administer and enforce all of the provisions of laws, ordinances, rules and regulations applicable to the plans, specifications, or permits for the construction, alteration and repair of buildings and structures, and the installation and use of materials and equipment therein, and the location, use and occupancy thereof in his or her area of responsibility.

 

  B.  Promulgation of rules and regulations.

 

  The Chief Enforcement Officer, shall promulgate rules and regulations subject to the approval of the Board of Trustees to secure the intent and purposes of this Chapter and a proper enforcement of the Uniform Code, the laws, rules and regulations governing building plans, specifications, construction, alteration or repairs.

 

C.          Issuance of permits.

 

 

                      UNIFORM CODE ENFORCEMENT             § 26.25

 

  Each Enforcement Officer in his or her area of responsibility shall receive applications, study and recommend approval or disapproval of plans and specifications and shall submit such applications with his or her recommendations to the Village Board for final action and the issuance of permit. Unless otherwise provided, the Enforcement Officer shall examine the premises for which ap­plications have been received or permits issued in order to insure compliance with all applicable laws, rules and regulations applicable thereto.

 

§ 26.24  Enforcement procedures

 

  Each Enforcement Officer in the area of his or her respon­sibility shall:

 

  1.  Issue in writing all appropriate notices or orders to remove illegal or unsafe conditions. Such notices or orders may be served upon the property owner or his or her agent personally, or by sending by certified mail a copy of such order to the owner or his or her agent at the address set forth in the application for permis­sion for the construction or alteration of such building, and by posting the same upon a conspicuous portion of the premises to which the notice applies.

 

  2.  Require the necessary safeguards during construction.

 

  3.  Insure compliance during the entire course of construction with the requirements of the Uniform Code, laws, rules and regulations.

 

  4.  Make all inspections which are necessary or proper for the carrying out of his or her duties, except that he or she may accept written reports of inspection from any authorized deputy or substitute or from generally recognized and authoritative service and inspection bureaus or agencies, provided the same are certified by a responsible official thereof.

 

§ 26.25  Acceptance of reports by professional bureaus or agencies

 

  Whenever the same may be appropriate to determine compliance with the provisions of the Uniform Code, applicable laws, ordinances, rules and regulations covering building construction or alteration, each enforcement officer may, in his or her discretion, accept and rely upon written reports of tests in the field by experienced, professional persons or by accredited and authoritative testing

 

§ 26.25                  MUNICIPAL CODE

 

laboratories or service and inspection bureaus or agencies.

 

§ 26.26  Certificate of occupancy

 

  Each Enforcement Officer in his or her area of responsibility shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the Uniform Code which such certificate shall certify that the building conforms to the requirements of the Uniform Code.

 

§ 26.27  Records and reports

 

  A.  The Chief Enforcement Officer shall keep permanent official records of all transactions and activities conducted by the Department of Building and Code Enforcement including all applications received, plans approved, permits and certificates issued, inspection reports, all rules and regulations promulgated with the consent of the Board of Trustees, and notices and orders issued. All such records shall be public records open to public inspection during normal business hours.

 

  B.  The Chief Enforcement Officer shall, at each regular board meeting, submit to the Board of Trustees a written report and summary of all business conducted by the Department of Building and Code Enforcement.

 

§ 26.28  Cooperation of other departments

 

  An Enforcement Officer may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of the police, Fire and Health Departments or officers and of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

 

§ 26.29  Duties of Architect or Professional Engineer*

 

  A.  Inspections and reports.

 

  The architect or professional engineer whose seal and signature appear on the drawings for buildings or structures or his or her designated representative, shall he responsible for making periodic visits to the construction site to familiarize himself or herself

 

*See also § 26.40(D) for affidavit of architect or engineer to be submitted upon completion of work.

 

                     UNIFORM CODE ENFORCEMENT              § 26.31

 

with the progress and quality of the construction, and to determine in general if the construction is proceeding in accord with the drawings, specifications and addenda thereto the status of the construction, and of any defects or discrepancies between the actual construction and the approved drawings and specifications affecting structural, fire, health or safety which he or she may observe. He or she shall advise the Enforcement Officer when such discrepancies have been corrected.

 

  B.  Limitation on duties.

 

  The architect or engineer shall not be required to make exhaustive or continuous on‑site inspections to check the construction. He or she shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, nor shall he or she be responsible for the contractor's failure to carry out the construction in accord with the approved drawings and specifications.

 

                          ARTICLE III

 

                       BUILDING PERMITS

 

§ 26.31  Application for building permit

 

  A.  No person shall commence the erection, construction, enlargement, alteration, repair, removal, improvement, demolition, conversion, or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit as provided in this Chapter for each building permit as provided in this Chapter for each building or structure; except that no fee shall be required for a building permit, for the performance of ordinary repairs which are not structural in nature.*

 

  B.  Application for a building permit shall be made to the Village Clerk on forms provided by him or her and shall contain the following information:

 

  1.  A description of the land on which the proposed work is to be done.

 

*See 19 NYCRR Part 443, in particular § 443(b) which establishes State requirements for building permits.

 

 

§ 26.31                  MUNICIPAL CODE

 

  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, and the names and addresses of their responsible officers if any of them are corporations.

 

  5.  A brief description of the nature of the proposed work.

 

  6.  A duplicate set of plans and specifications as set forth in Subdivision C of this Section.

 

  7.  Such other information as may reasonably be required by the appropriate Enforcement Officer to establish compliance of the proposed work with the requirements of the applicable provisions of the Uniform Code, this Municipal Code, laws, rules and regulations.

  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.  Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and where required by the appropriate Enforcement Officer, details of structural, mechanical, and electrical work, including computations, stress diagrams and other essential technical data.

 

  Plans and specifications shall bear the signature of the person responsible for the design and drawings. The Enforcement Officer may waive the requirement for filing plans.

 

D.          Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior

 

                     UNIFORM CODE ENFORCEMENT              § 26.33

 

to the completion of the work subject to the approval of the Board of Trustees.

 

§ 26.32  Permits for solid fuel burning heating appliances, etc.

 

  A permit for installation of a solid fuel burning heating appliance, chimney and flue in any dwelling unit shall be obtained prior to installation as provided in § 26.31 of this Chapter, provided however that the installation may be commenced without such permit if the delay in obtaining such permit could be expected to cause irreparable damage to the property or serious injury to the occupants, and provided an application for the building permit is made within three business days of commencement of the installation. If the Enforcement Officer, after inspection, determines that the installation is in compliance with the Uniform Code, he or she shall issue a certificate of compliance on a form to be prescribed by resolution of the Village Board. A violation of this Section and of Subdivision 5 of Section 378 of the Executive Law shall be punishable as provided in such Subdivision 5.

 

§ 26.33  Issuance of building permit

 

  A.  The Enforcement Officer in his or her area of responsibility shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He or she shall recommend approval or disapproval of the application to the Board of Trustees within a reasonable time unless otherwise provided in this Code.

 

  B.  Upon approval of the application and upon receipt of the legal fees therefor, the Enforcement Officer shall issue a building permit to the applicant upon the form prescribed by him or her and shall affix his or her signature or cause his or her signature to be affixed thereto.

 

  C.  Upon the approval of the application, both sets of plans and specifications shall be endorsed with word "approved". One set of such approved plans and specifications shall be retained in the files of the Enforcement Officer and the other set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the Enforcement Officer or his or her authorized representative at all reasonable times.

 

  D. If the application together with plans, specifications and

 

§ 26.33                  MUNICIPAL CODE

 

other documents filed therewith describe proposed work which does not conform to all of the requirements of the Uniform Code, this Municipal Code, laws, and rules and regulations, the Enforcement Officer shall recommend disapproval of same to the Board of Trustees and where the Board of Trustees disapproves same shall return the plans and specifications to the applicant. Upon the request of the applicant the Enforcement Officer shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

 

§ 26.34  Variances

 

  A variance or modification, in whole or in part, of the Uniform Code may be obtained from the appropriate Regional Board of Review pursuant to 19 NYCRR Part 440.

 

§ 26.35  Performance of work under building permit

 

  A.  Limitations.

 

  Any building permit issued under the provisions of this Chapter but under which no work is commenced within ninety (90) days from the time of issuance shall expire by limitation.  All building permits issued hereunder shall automatically expire six (6) months after the date of issuance unless extended by the Board of Trustees upon good cause shown. [Source: LL #1, 92, 4/29/92.]

 

  B.  Conformity with Uniform Code, etc.

 

  The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code, this Municipal Code and laws, rules and regulations applicable thereto. All work shall conform to the approved application, plans and specifications.

 

§ 26.36  Building Permit fees and certificate of occupancy*

 

  A.  The required fees for building permits and certificates of occupancy shall be established by Resolution of the Board of Trustees.

 

  B.  In the event that an application for a building permit is not

 

*See also Chapter 29, Plumbing.

 

                     UNIFORM CODE ENFORCEMENT              § 26.38

 

approved, the applicant shall be entitled to a refund of fifty (50%) per cent of the fee paid, provided no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded.

 

  C.  Any person who shall undertake or perform any of the activities set forth in Section 26.31(A) of this Chapter without having first obtained a building permit therefor shall, upon application for a permit for activities already undertaken or performed, be required to pay a permit fee in an amount which represents three (3) times the building permit fee established pursuant to Subsection A of this Section 26.36.  (Subd. C added LL #2, 98, 7/15/98; filed OSS 7/30/98.]

 

§ 26.37  Revocation of building permit

 

  An Enforcement Officer may revoke a building permit theretofore issued and approved in the following instances:

 

  1.  Where he or she finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

 

  2.  Where he or she finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

 

  3.  Where he or she finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

 

  4.  Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Enforcement Officer.

 

§ 26.38  Stop orders

 

  Whenever an Enforcement Officer has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the Uniform Code, this Municipal Code or other applicable building laws, rules or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he or she shall notify the owner of the property,or the owner's agent, or the person perform-

Supp. #3, 11/3/98         

 

§ 26.38                  MUNICIPAL CODE

 

ing the work; to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities  until the stop order has been rescinded. Such 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 her or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.

 

§ 26.39  Inspections

 

  A.  Work for which a building permit has been issued under this Article shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing, and heating and air conditioning. It shall be the responsibility of the owner, applicant, or his or her agent to inform the Enforcement Officer that the work is ready for inspection and to schedule such inspection.

 

  B.  Existing buildings not subject to inspection under subdivision A of this Section shall be subject to periodic inspections for compliance with the Uniform Code in accordance with the following schedule: all areas of public assembly defined in the Uniform Code, all buildings or structures containing areas of public assembly, and the common areas of multiple dwellings - every three months; all buildings or structures open to the general public ‑ every six months: all other buildings ‑ every twelve months. Notwithstanding any requirement of this Subdivision to the contrary, no regular, periodic inspections of occupied dwelling units shall be required; provided, however, that this shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to public health, safety or welfare.

 

§ 26.40  Right of entry

 

  An Enforcement Officer, his or her assistant or deputy, upon the showing of proper credentials and in the discharge of his or her duties, may enter upon any building, structure or premises at any reasonable hour. In case of refusal, a search warrant may be obtained from any Court of competent jurisdiction.

 

 

Supp. #3, 11/3/98

 

                UNIFORM CODE ENFORCEMENT                   § 26.40

 

References:

 

  Search warrant.

     admission by tenant of city inspector, not required. People v Sybil Holding Corp., 64 Misc2d      693; contra, People v Rosenthal, 59 Misc2d 565.

     admission without objection, not required. People v Cacciola, 64 Misc2d 670.

     evidence inadmissible if obtained without, and without permission. People v Laverne, 14 NY2d 304.

     grounds for obtaining, not same high standards as in criminal matters. Tn of Smithtown v Serby,   64 Misc2d 734, 736.

     necessity of.

       where building inspector notified owners of intention to inspect old barn, "failure to reply    or object to such inspection constituted their tacit consent thereto". Vil of Brockport     v Klahn, 47 AD2d 577(2).

     refusal to admit without, constitutional right. Camera v Municipal Court, 387 US 523; People      v Laverne, 14 NY2d 304; Sokolov v Vil of Freeport, 52 NY2d 341.

 

 

 

 

 

 

 

 

 

 

 

 

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Supp. #3, 11/3/98

 

                     UNIFORM CODE ENFORCEMENT           § 26.42

 

                          ARTICLE IV

 

                   CERTIFICATE OF OCCUPANCY

 

§ 26.41  Certificate of occupancy

 

  A.  No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the appropriate Enforcement Officer.

 

  B.  No building hereafter 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 thirty (30) days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the appropriate Enforcement Officer.

 

  C.  No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Enforcement Officer.

 

  D.  The owner or his or her 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 Enforcement Officer an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or the Superintendent of construction who supervised the work and who, by reason of his or her experience, is qualified to superintend the work for which the certificate 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, that the structure has been erected in accordance with approved plans, and as erected complies with the provisions of the Uniform Code, this Municipal Code, and all other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

 

§ 26.42  Inspection prior to issuance of certificate

 

  Before issuing a certificate of occupancy, the appropriate Enforcement Officer 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, § 26.42                 MUNICIPAL CODE

 

remove, demolish, or change the use of occupancy; and he or she may conduct such inspections as he or she 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 in the Village Clerk's Office a record of all such inspections and examinations together with a record of findings in violation of the law.

 

§ 26.43  Issuance of certificate of occupancy

 

  A.  When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable provisions of the Uniform Code, this Municipal Code, laws, and rules and regulations; and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the appropriate Enforcement Officer shall issue a certificate of occupancy upon the form provided by him or her after approval and authorization by the Board of Trustees. If it is found that the proposed work has not been properly completed, the appropriate Enforcement Officer shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.

 

  B. A certificate of occupancy shall be issued, where appropriate, within thirty (30) days after application therefor is made.

 

  C.  The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, codes and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

 

§ 26.44  Temporary certificate of occupancy

 

  Upon request, the appropriate Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, befo