ARTICLE I. IN GENERAL

§ 6-1. Enforcement of chapter provisions.

The provisions of this chapter shall be enforced by the Building Inspector or by any other person designated by the Village Board of Trustees.

§ 6-2. Applicability of New York State Uniform Fire Prevention and Building Code.

In accordance with the New York State Executive Law, the provisions of the New York State Uniform Fire Prevention and Building Code shall be applicable in and enforced by the Village of Tuckahoe. (Res. of 9-14-1953; L.L. No. 9-1990, § 2)

§ 6-3. Inspection fee.

There is hereby imposed a fee of $25 for each inspection of any structure subject to the Multiple Residence Law of the state made by the Building Inspector; provided, however, that no fee shall be imposed for any inspection where the subject structure is found free of all violations under the Multiple Residence Law, nor for any inspection where the subject structure is found to be in violation of one or more provisions of the Multiple Residence Law where the violation has not theretofore been brought to the attention of the owner of the subject premises by the Building Inspector. (L.L. No. 4-1986, § 4)

§ 6-4. Restrictions on officers and employees of Building Department.

No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department; nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the village, excepting only that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.

§ 6-5. Stop orders.

Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances 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 shall notify the owner of the property, or the owner's agent, or the person performing 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 by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail.

§ 6-6. Right of entry.

Any building official, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 6-7. Tests.

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 6-8. Penalties for violation.

(a) It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of this chapter or to fail in any manner to comply with a notice, directive or order of the Building Inspector or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.

(b) Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector made thereunder shall be punished by a fine not exceeding $500 and/or imprisonment consistent with the applicable provisions of the Penal Law; each day any violation of any provision of this chapter or any such ordinance or resolution shall continue shall constitute a separate offense.

(c) Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.

(d) This section shall not apply to violations of the provisions of the State Building Construction Code punishable under § 385 of the Executive Law of the state;EN nor to violations of the provisions of the Multiple Residence Law punishable under § 304 of the Multiple Residence Law of the state. (L.L. No. 3-2006, § 1)

§ 6-9. Abatement of violation. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to the penalties prescribed in § 1-7.

§ 6-10. Emergency lighting systems for places of public assembly.

(a) Emergency lighting and power shall be furnished through an independent electrical wiring system supplied from a main source and from an auxiliary source in spaces intended for occupancy by 25 persons or more in one room or enclosure.

(b) Means shall be provided for automatically transferring the emergency lighting and power supply from the main source to the auxiliary source within 15 seconds in the event of failure of the main source.

(c) All other provisions of law dealing with emergency lighting requirements as set forth more fully in the New York State Uniform Fire Prevention and Building Code shall continue to be applicable to all building construction within the village.

(d) All places of occupancy affected by this law must be in compliance with the requirements of these provisions within six months of the date of enactment of this section.

(e) Penalties for violations. Any person who shall violate any provisions of this section or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Village Board of the Village of Tuckahoe or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment for not less than 10 days nor more than a period of one year, or by both such fine and imprisonment. The imposition of a penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

(f) The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. (L.L. No. 4-1980; L.L. No. 9-1990, § 3)

§ 6-11. Exterior and/or interior security gates.

(a) Prohibition. The installation of exterior and/or interior security gates in front of and inside of commercial store fronts, including both display windows and entrance doors, shall be prohibited.

(b) Existing security gates.

(1) Any presently existing exterior and/or interior security gates legally installed prior to passage of this local law shall be removed immediately upon change of ownership of the premises where said security gate exists or upon change of tenancy in the commercial premises where said security gate exists.

(2) Any presently existing security gate which encroaches on village property shall be removed immediately by the owner or tenant of premises where same is located.

(c) Penalties. Any person or corporation or other entity who violates any section of this local law shall be punished by a fine not to exceed $250, however, if a notice of violation or a summons has been issued to said person or corporation or other entity notifying them of said violation, said person or corporation or other entity shall be subject to a fine of up to $250, for each day that said violation continues after issuance of the summons or notice of violation and each day of continued violation shall be treated as a separate offense. (L.L. No. 10-1985, §

§ 2 - 4EN)

§ 6-12. Cooperative, condominium and homeowner's association offering plans.

(a) The intent of this § 6-12 is to permit the Village of Tuckahoe to receive offering plans for cooperative, condominiums and homeowner's associations in order to review consistency with all village ordinances, codes and requirements, including the Tuckahoe Housing Review Board, and to permit the village to adequately plan for changes in population, traffic, parking and municipal services.

(b) The sponsor of any offering plan for a cooperative, condominium or homeowner's association project located in the Village of Tuckahoe shall provide the office of the Village Clerk with three copies of the preliminary and final offerings plans and any amendments thereto within 10 days after such plans or amendments are filed with the New York State Department of Law.

(c) The failure of a sponsor to comply with the provisions of Subsection (b) of this § 6-12 shall be proper cause for the refusal of the Building Department to issue or release any building permit or certificate of occupancy, certification or other record relating to the cooperative, condominium or homeowner's association property.

(d) Nothing in this § 6-12 shall serve to modify, supersede or otherwise affect any provisions of New York State law or any requirements or authority of the New York State Department of Law relating to cooperative, condominium or homeowner's association offering plans. (L.L. No. 2-1987, § 1)

§ 6-13. Fire limits.

(a) District established.

(1) The Fire Limits of the Village of Tuckahoe are hereby established as all areas of the Village of Tuckahoe that are within Business, Industrial and Apartment-3 Zoning Districts.

(2) Additionally, the requirements of this § 6-13 shall apply to all premises used for business, commercial, industrial or mixed use even if such properties are outside of the fire limits. (3) The words "outside fire limits" shall be all premises situated within the Village of Tuckahoe outside the areas described in Subsection (1) above, except those premises included pursuant to Subsection (2) above.

(b) Limitations/construction standards. The construction standards set forth in the New York State Uniform Fire Prevention and Building Code for fire limits and outside fire limits are hereby adopted and made applicable to the area defined in § 6-13(a).

(c) Alterations.

(1) Within the fire limits, no building or structure of Type 5 construction, as said term is defined in the New York State Uniform Fire Prevention and Building Code, shall be hereafter increased in height.

(2) Within the fire limits, no building or structure of Type 5 construction shall be hereafter extended on any side unless the construction of such extension conforms to the requirements of this § 6-13 and the New York State Uniform Building and Fire Prevention Code for new construction.

(3) Within the fire limits, no building or structure shall be hereafter extended on any side by Type 5 construction.

(4) Within the fire limits, no alterations, including partitions and nonstructural alterations, shall be of Type 5 construction.

(d) Location. A building or structure shall be deemed to be within fire limits if more than one-third (1/3) of the area of such building or structure is located therein. (L.L. No. 1-1993)

§ 6-14. Covering of windows and doors. The entire surface of the window or door glass of any retail business, office or nonresidential premises shall be clear and shall not be painted, finished, decorated or otherwise obscured or covered so as to render such window or door glass opaque or translucent. Any decoration, etching or lettering on such window or door glass shall be subject to the provisions of Chapter 3 of the Village Ordinances. (L.L. No. 4-1994,EN § 2)

§ § 6-15 - 6-20. Reserved.

ARTICLE II. BUILDING INSPECTOR

§ 6-21. Designated; appointment; compensation.

There is hereby designated in the village a public official to be known as the "Building Inspector," who shall be appointed by the Village Board of Trustees at a compensation to be fixed by it.

§ 6-22. Assistant Building Inspectors.

The Village Board of Trustees may appoint one or more Assistant Building Inspectors, as the need may appear, to act under the supervision of the Building Inspector and to exercise any portion of his powers and duties. The compensation of such Assistant Building Inspectors shall be fixed by the Village Board of Trustees.

§ 6-23. Acting Building Inspector.

In the absence of the Building Inspector, or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the Village Board of Trustees, to designate a person to act in his behalf and to exercise all of the powers conferred upon him by this chapter.

§ 6-24. General powers and duties.

(a) Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, the Building Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof. The Building Inspector is authorized to commence criminal and civil proceedings in the Village Justice Court and in the New York State Supreme Court by the issuance of appearance tickets or other criminal and civil process for the purpose of administering and enforcing all of the provisions of applicable laws, ordinances and regulations.

(b) He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of insuring compliance with laws, ordinances and regulations governing building construction.

(c) He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from Assistant Building Inspectors or other employees of the Building Department or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.

(d) Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. (L.L. No. 5-1994, § 1)

§ 6-25. Records and reports.

(a) The Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.

(b) The Building Inspector shall, annually, submit to the Village Board of Trustees a written report and summary of all business conducted by the Building Inspector, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 6-26. Assistance and cooperation of municipal officials.

The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police and Fire 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.

§ § 6-27 - 6-36. Reserved.

ARTICLE III. BUILDING PERMITS

§ 6-37. Required.

No person shall commence the erection, construction, enlargement, alteration, 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 from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.

§ 6-38. Application; contents.

(a) Application for a building permit required by § 6-37 shall be made to the Building Inspector on forms provided by him and shall contain the following information:

(1) A description 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, 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 Subsection (c) of this section.

(7) Such other information as may reasonably be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.

(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) 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 and character 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 Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.

(d) Plans and specifications shall bear the signature of the person responsible for the design and drawings.

(e) The Building Inspector may waive the requirement for filing plans.

(f) Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.

§ 6-39. Fees.

(a) Upon the filing of an application for a building permit under this Article, a fee shall be payable as may be established by the Board of Trustees by resolution adopted at a scheduled public meeting of the Board of Trustees. The Board may establish separate fees for the following categories: New Work, Repairs and Alterations; Razing and Demolition; Pools, Fences and Walls. A list of such fees shall be maintained by the Village Clerk and Building Department and posted in the Building Department.

(b) In the event that an application for a building permit under this Article is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded.

In the event that an application for a building permit under this Article is approved, the permit issued and no construction work has been started, and the applicant desires to abandon said permit and submit a new application for a new permit for the same property, said applicant shall, upon the payment of an application fee of $100, be entitled to a credit of 75% of the fee paid for the original application towards the building permit fee required for the new application. If the fees for the new permit are less than the fees for the original permit, the applicant shall not be entitled to any refund. The applicant shall not be entitled to a refund of the original application fee if the original permit is terminated or abandoned and no new application is made. Upon the issuance of a new permit for the same property in accordance with this paragraph, the original permit shall be deemed void.

(c) A fee as may be established by the Board of Trustees by resolution adopted at a scheduled public meeting of the Board of Trustees shall be payable for any written report or opinion prepared by the Building Department and for any search conducted for the purpose of reproducing any Building Department records, including but not limited to certificates of occupancy, building plans, requests or searches relating to one- or two-family residences and requests or searches relating to all other occupancies.

In addition, any person requesting copies of Building Department records shall be required to pay the reasonable costs of reproducing any records. Such reproduction costs shall be established by the Building Department and posted in the Building Department offices.

(d) The fee required pursuant to § 6-39(a)(1), (2) and (5) shall be based upon the cost estimates provided by the applicant for the permit. After the work has been completed, the owner or lessee of the premises shall submit an affidavit of cost, on a form prepared by the Building Department, setting forth the actual cost of the work. If the actual cost of the work exceeds the estimate upon which the permit fee was based, the applicant shall pay such additional fees as may be required so that the final permit fee is based upon the actual cost of the work.

(e) In all cases where the work relating to a building permit application has been commenced or completed prior to the date of filing of the building permit application, there shall be an administrative fee added to the builidng permit fee in an amount as may be established by the Board of Trustees by resolution adopted at a scheduled public meeting of the Board of Trustees. (Ord. of 11-9-1970; L.L. No. 3-1977, § 1; L.L. No. 4-1986; §

§ 1, 2; L.L. No. 11-1988, § 1; L.L. No. 5-1991, § § 1, 2; L.L. No. 7-1991, § 2; L.L. No. 2-1992, § 1; L.L. No. 2-1995, § § 2, 3, 4)

§ 6-40. Issuance.

(a) The Building Inspector shall examine or cause to be examined all applications for permits under this Article and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.

(b) Upon approval of the application and upon receipt of the legal fees therefor, he 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.

(c) 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 open to inspection by the Building Inspector or his authorized representative at all reasonable times.

(d) 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. Upon the request of the applicant, the Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing.

(e)For purposes of this section 6-40, "scofflaw" shall be an individual, corporation or other entity which has any outstanding and unpaid parking violations issued by the Village of Tuckahoe against them or any vehicle registered in their name and/or which has not paid any and all Village taxes or other charges relating to the property for which an application for a building permit has been filed. The Building Inspector shall not issue a building permit to any scofflaw. (L.L. No. 15-1987, § 1; L.L. No. 1-2002, § 1)

§ 6-41. Performance of work under building permit.

(a) A building permit issued under this Article shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based within three months after the date of its issuance and for completion of the work within one (l) year after the date of issuance of the permit. For good cause, the Building Inspector may allow a maximum of two extensions for completion of the work for periods not exceeding three months each.

(b) The issuance of a building permit under this Article shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. (L.L. No. 7-1991, § 1)

§ 6-42. Revocation.

The Building Inspector may revoke a building permit issued and approved under this Article in the following instances:

(1) Where he 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 finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

(3) Where he 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 Building Inspector.

(5) Where work has been commenced in the event that work is stopped for any reason for a period of three months or more, the Building Inspector may, after notice to the permit holder, deem the work abandoned and revoke the building permit. Upon revocation of a building permit, the owner of the property shall be responsible for the restoration of the building site and for protection of the public as may be directed and/or approved by the Building Inspector. If the owner fails to restore or protect the property, the village may, after notice to the owner, perform such work with its own forces or hire a contractor to perform such work. All costs and expenses incurred by the village in connection with such work shall be assessed against the land on which said work is performed and shall become a lien on said land as of the date of such assessment. The lien of the village for such costs and expense shall have priority over all other liens and encumbrances, except the liens of taxes and assessments. (L.L. No. 6-1988, § 1)

§ 6-43. Assignment of building permits.

(a) A building permit required by § 6-37 may be assigned or transferred to a different person only in accordance with the provisions of this § 6-43.

(b) An application to assign a building permit shall include all information required by § 6-38 and the following additional information:

(1) A statement that

(a) the architect or engineer of record will remain unchanged; or (b) the consent of the architect or engineer of record to the assignment of the responsibility to a new architect or engineer; or (c) an affidavit of explanation from the owner of the property explaining why items

(a) and (b) of this paragraph could not be submitted.

(2) A statement that the new architect or engineer shall provide all reports, affidavits or approvals as may have been required by the original architect; provided, however, that such reports, affidavits and approval shall not include any disclaimers or qualifications.

(3) The consent of the previous builder and/or property owner, as the case may be, to the assignment. If such consent is not provided, an affidavit of explanation must be submitted.

(c) An application fee of $50 shall be paid for the assignment of a building permit and the new permit holder shall be responsible for the payment of all permit fees, as they may be calculated at the completion of construction. (L.L. No. 6-1988, § 2)

§ § 6-44 - 6-52. Reserved.

ARTICLE IV. CERTIFICATES OF OCCUPANCY

§ 6-53. Required.

(a) No vacant land, property, premises or building hereafter erected, enlarged, extended or altered shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.

(b) No change shall be made in any tenancy or the use or type of occupancy of any vacant land, property or building or any part thereof unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector; provided, however, that a change of tenancy or ownership of a residential building or any dwelling unit thereof shall not require the issuance of a new certificate of occupancy.

(c) No vacant land, property, residential business, commercial or industrial building or premises, including but not limited to houses, dwelling units, apartment units, offices, warehouses, garages and storefronts, the use and/or occupancy of which has for any reason been discontinued for a period of over one year, shall be used or occupied in whole or in part until a certificate of occupancy or letter of compliance shall have been issued by the Building Inspector. (L.L. No. 8-1992, § 1; L.L. No. 3-1998, § 1)

§ 6-54. Application.

The owner or his agent shall make application for a certificate of occupancy required by § 6-53. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector 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 of the superintendent of construction who supervised the work and who, by reason of his 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, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

§ 6-55. Inspection prior to issuance.

(a) Before issuing a certificate of occupancy required by this Article, 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 under this chapter 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.

(b) There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violations of the law.

§ 6-56. Issuance.

(a) When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit under this chapter, the Building Inspector shall issue a certificate of occupancy required by this Article upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector 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 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, ordinances 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.

(d) )For purposes of this § 6-56 a "scofflaw" shall be an individual, corporation or other entity which has any outstanding and unpaid parking violations issued by the Village of Tuckahoe against them or any vehicle registered in their name and/or which has not paid any and all Village taxes or other charges relating to the property for which an application for a certificate of occupancy has been filed. The Building Inspector shall not issue a certificate of occupancy to any scofflaw. The provisions of this Subsection (d) shall not apply to applications or requests for copies or certifications of existing certificates of occupancy. (L.L. No. 15-1987, § 2; L.L. No. 1-2002, § 2)

§ 6-57. Fee.

(a) The fee for a certificate of occupancy issued pursuant to the provisions of this article shall be established by the Board of Trustees by resolution adopted at a scheduled public meeting of the Board of Trustees. The Board may establish separate fees for the following categories: one- and two-family dwellings; apartment buildings of three or more families and commercial office and industrial buildings. A list of such fees shall be maintained by the Village Clerk and Building Department and posted in the Building Department.

(b) The fee for a certificate of occupancy shall be paid to the Building Department upon issuance of a building permit.

(c) No refund shall be made on account of certificate fees for a certificate voluntarily surrendered or legally revoked.

(d) The fee for a temporary certificate of occupancy shall be 1/2 of the fees established pursuant to § 6-57(a). The fee for a temporary certificate of occupancy shall not be credited towards the fee for the permanent certificate of occupancy. (Ord. of 11-9-1970; L.L. No. 3-1977, § 2; L.L. No. 4-1986, § 3; L.L. No. 5-1991, § 3; L.L. No. 2-1992, §2; L.L. No. 2-1995, § 5)

§ 6-58. Temporary certificate of occupancy. Upon proper application, the Building Inspector may issue a thirty-day temporary certificate of occupancy for property, a building or structure, or part thereof, before the entire work covered by the building permit or site plan approval shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. Upon request and payment of the fee set forth in § 6-57(d), such temporary certificate of occupancy may be renewed by the Building Inspector for an additional thirty-day period or periods. (L.L. No. 3-1998, § 2)

§ § 6-59 - 6-68. Reserved.

ARTICLE V. UNSAFE BUILDINGS

§ 6-69. Application of article.

This article shall apply to the territory of the Village of Tuckahoe. (Ord. No. 33, § 1, 10-2-1950)

§ 6-70. Definitions.

Certain words used in this article, unless otherwise expressly stated or unless the contents or subject matter otherwise require, are defined as follows:

(a) Village. The word "village" as used herein shall mean the Village of Tuckahoe.

(b) Village Board. The words "Village Board" shall mean the Village Board of the Village of Tuckahoe.

(c) Building Inspector. The words "Building Inspector" shall mean the Building Inspector of the Village of Tuckahoe.

(d) Building and/or wall and/or structure. The words "building and/or wall and/or structure" whenever used herein, shall mean any building, wall or structure located within the incorporated area of the Village of Tuckahoe, whether or not same is situate in a business, industrial, residential or other section of said Village of Tuckahoe.

(e) Dangerous and/or unsafe buildings, walls or structures. The words "dangerous and/or unsafe buildings, walls or structures" whenever used herein shall mean and include buildings structurally unsafe, unstable or unsanitary; inadequately provided with exit facilities; constituting a fire hazard; otherwise dangerous to life or property; unsuitable or improper for the use of occupancy to which it is put; constituting a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence, decay, deterioration or abandonment; a nuisance, having parts which are so attached that they may fall and injure members of the public, or public or private property; and those buildings, walls or structures existing in violation of any provisions of the Building Code of the Village of Tuckahoe or of any other ordinance of the Village of Tuckahoe. (Ord. No. 33, § 2, 10-2-1950)

§ 6-71. Abatement generally.

Any building, wall or structure or any part of a building, wall or structure that from any cause is or shall become dangerous or unsafe shall be taken down and removed or made safe and secure in compliance with the provisions of this article. (Ord. No. 33, § 3, 10-2-1950)

§ 6-72. Report.

The Building Inspector shall report to the Village Board any building, wall or structure about which he has received or shall hereafter receive a complaint and shall report all dangerous or unsafe buildings, walls or structures in the village of which he has knowledge or shall hereafter acquire knowledge and which he believes in any way violate the provisions and terms of this article. (Ord. No. 33, § 4, 10-2-1950)

§ 6-73. Inspection.

Upon receiving such report, the Village Board shall appoint an official to make an inspection of such building, wall or structure and to make a written report thereon to the Village Board. (Ord. No. 33, § 5, 10-2-1950)

§ 6-74. Notice; posting.

(a) Upon receipt of such report, the Village Board shall direct the Building Inspector to serve or cause to be served upon the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent such dangerous or unsafe building, wall or structure, a notice containing a description of the premises sufficient for identification, a statement of the particulars in which the building or structure is unsafe or dangerous and an order requiring same to be made safe and secure or removed. Such notice shall be served either personally or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Registrar and, if such service is made by registered mail, a copy of such notice shall be posted on the said premises. Such notice shall further specify the time within which the person served therewith must commence the securing or removal of such building, wall or structure.

(b) Following the issuance by the Building Inspector of a summons to an owner or owner's representative or agent charging said owner with maintaining a dangerous or unsafe building, as that term is defined in § 6-70(e), the Building Inspector shall, where the building in question is a multifamily dwelling, notify the residents of said multifamily dwelling of the alleged violation or violations by posting a copy of the summons issued in a public area of said multifamily dwelling such as a lobby, elevator or staircase. The copy of the summons shall remain posted until such time as the alleged violation has been removed by the owner. (Ord. No. 33, § 6, 10-2-1950; L.L. No. 8-1985)

§ 6-75. Survey.

In the event of the neglect or refusal of the person served with the notice required by § 6-74 hereof to comply therewith, the Village Board shall cause a survey of such building, wall or structure to be made as follows:

(a) The Village Board shall appoint and name an inspector and an architect to make such survey.

(b) The Village Board shall direct the Building Inspector to cause a further notice to be served on the person described in § 6-74 hereof stating that the Village Board has appointed an inspector and an architect to make a survey of the building, wall or structure in question and shall direct said person so served to appoint a practical builder engineer or architect as a third surveyor. Such notice shall further state that in the event the building, wall or structure shall be reported unsafe or dangerous under such survey, an application will be made at a special term of the Supreme Court in the judicial district in which the village is located for an order determining the building, wall or other structure to be a public nuisance and directing that it be repaired and secured or taken down and removed.

(c) In the event of the refusal or neglect of the person so served as specified in § 6-75(b) hereof to appoint such surveyor, the two surveyors named shall make the survey and report. Such survey report shall be in writing and in duplicate and a signed copy thereof shall be posted by the Building Inspector on the building, structure or wall involved in the report. (Ord. No. 33, § 7, 10-2-1950)

§ 6-76. Surveyors to receive fee.

Each of the surveyors appointed as provided in § 6-75

(a) and (b) hereof shall receive a fee to be fixed by the Village Board to be not less than $5 or more than $100 for making such survey and report, which fee shall be a village charge. (Ord. No. 33, § 8, 10-2-1950)

§ 6-77. Order.

If the surveyors appointed as herein set forth report such building or other structure to be unsafe or dangerous, the Village Board shall cause an application to be made on behalf of the village at a special term of the Supreme Court in the Ninth Judicial District for an order determining the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. (Ord. No. 33, § 9, 10-2-1950)

§ 6-78. Lien. All costs and expenses incurred by the village in connection with the proceeding to remove or secure, including the cost of actually removing such building or structure, shall be assessed against the land on which said building or structure is located and shall be and become a lien on said land as of the date of such assessment. The lien of the village for such costs and expense shall have priority over all other liens and encumbrances, except the liens of taxes and assessments, which would constitute a prior lien or liens under the provisions of the Westchester County Tax Act. (Ord. No. 33, § 10, 10-2-1950)

§ 6-79. Remedies. The remedies of the Village of Tuckahoe as herein set forth shall not be exclusive, but the village shall have any other and further remedy at law or otherwise by injunction or otherwise now existing under the laws of the State of New York and any and all such remedies shall be deemed cumulative and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all others. (Ord. No. 33, § 11, 10-2-1950)

§ 6-80. Penalty.

(a) It shall be unlawful for any person or corporation to knowingly maintain or cause to be maintained or to knowingly allow or permit any other person or corporation as agent, lessee or otherwise to maintain any dangerous building, wall or structure as herein defined, and any owner, occupant, lessee or other person or other corporation who shall knowingly maintain or cause to be maintained or knowingly allow or permit to be maintained any such dangerous building, wall or structure and who shall fail to comply with any order or any provision of any order of the Supreme Court of the State of New York obtained as herein set forth directing that such unsafe building, wall or structure be demolished or repaired shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed in § 1-7 for each offense, and each and every day such failure to comply continues beyond the date fixed for such compliance by an order of the Supreme Court of the State of New York obtained as herein set forth shall constitute a separate offense. An adjudication by the Supreme Court of the State of New York determining that any building, wall or structure is dangerous and/or unsafe and a public nuisance shall be conclusive evidence of the fact of the existence of such dangerous or unsafe building, wall or structure.

(b) Any person removing any notice provided for herein shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed in § 1-7 for each offense. (Ord. No. 33, § 12, 10-2-1950)

§ § 6-81 - 6-90. Reserved.

ARTICLE VI. SPACE HEATERS

§ 6-91. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

(a) Space heater using oil or like fuel means any heater, stove or appliance (whether or not flue-connected) which:

(1) Is designed for the heating of space in structures;

(2) Uses or is designed to use kerosene, fuel oil or any flammable mixture or combustible mixture (whether or not such mixture is derived from petroleum); and

(3) Does not constitute a central heating plant.

(b) Liquid fuel cooking stoves means any stove or appliance using kerosene, fuel oil or any flammable mixture or combustible mixture, which stove or appliance is designed or used for cooking purposes.

(c) Dwelling means any building or structure which is occupied or is designed for occupancy in whole or in part as in the home, residence or sleeping place of one or more persons. (Ord. No. 37, § 1, 4-7-1958)

§ 6-92. Space heaters using oil or like fuel and liquid fuel cooking stoves prohibited in dwellings.

It shall be unlawful for any person:

(1) To use, keep or store a space heater using oil or like fuel or a liquid fuel cooking stove, as defined in this Article, in any portion of a dwelling; or

(2) Being the owner of any dwelling, to provide or place or cause to be provided or placed in any portion of a dwelling:

a. A space heater using oil or like fuel, for the purpose of being used by any occupant of such dwelling for the heating of space; or

b. A liquid fuel cooking stove, for the purpose of being used by any occupant of such dwelling for cooking. (Ord. No. 37, § 2, 4-7-1958)

§ 6-93. Public emergencies.

In the event of a public emergency which disrupts, interferes with or impairs the operation or use of facilities, public utilities, equipment or supplies normally employed for heating in the village or any part thereof, the Mayor shall have power, by proclamation declaring that such a public emergency exists, to suspend the effectiveness of any of the provisions of this Article for such period of time, to such extent and under such conditions as he may deem necessary for the protection of the health, safety and welfare of the inhabitants of the village. (Ord. No. 37, § 3, 4-7-1958)

§ 6-94. Exclusions.

The provisions of this Article shall not apply to:

(1) The use or maintenance, exclusively for lighting purposes, of any appliance using kerosene, fuel oil or any flammable mixture or combustible mixture, which appliance is designed for lighting purposes; or

(2) The keeping or storing of any space heater using oil or like fuel or any liquid fuel cooking stove in any portion of a structure, which portion is lawfully used in the business of manufacturing, selling, processing, handling, storing, repairing or transporting such heaters, in any case where such heater is so kept or stored in the conduct of such business and is not used in such portion or maintained for the purpose of use therein. (Ord. No. 37, § 4, 4-7-1958)

§ 6-95. Penalty. Any person violating any of the provisions of this Article shall, upon conviction, be subject to a penalty as prescribed in § 1-7 and such violation shall constitute disorderly conduct and the person so offending shall be deemed a disorderly person. (Ord. No. 37, § 5, 4-7-1958)

§ § 6-96 - 6-100. Reserved.

ARTICLE VII. FLOOD DISASTER PREVENTION

§ 6-101. Permits required for excavation, grading, fill or construction.

The Building Inspector shall require the issuance of a permit for any excavation, grading, fill or construction in the village. (L.L. No. 4-1975)EN

§ 6-102. Review of building permit applications for flood safety construction standards.

The Building Inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:

(1) Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.

(2) Use construction materials and utility equipment that are resistant to flood damage.

(3) Use construction methods and practices that will minimize flood damage. (L.L. No. 4-1975)

§ 6-103. Review of building permit applications for mudslide hazard reduction.

The Building Inspector shall require review of each permit application to determine whether the proposed site and improvements are in a location that may have mudslide hazards. Further review must be made by persons qualified in geology and soils engineering; and the proposed new construction, substantial improvement or grading must:

(1) Be adequately protected against mudslide damage; and

(2) Not aggravate the existing hazard. (L.L. No. 4-1975)

§ 6-104. Review of subdivision proposals.

The Building Inspector shall review subdivision proposals and other proposed new developments to assure that:

(1) All such proposals are consistent with the need to minimize flood damage.

(2) All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize flood damage.

(3) Adequate drainage is provided so as to reduce exposure to flood hazards. (L.L. No. 4-1975)

§ 6-105. Review of water supply systems.

The Street Commissioner shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. (L.L. No. 4-1975)EN

ARTICLE VIII. ELEVATOR AND SIMILAR DEVICES SAFETY CODE

§ 6-106. Certificate of compliance. No elevator or escalator shall be put in operation unless a certificate of compliance is applied for and issued by the Building Inspector of the village. (L.L. No. 2-1985)

§ 6-107. Adoption of American National Standard Safety Code.

The American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI A17.1-1984, is hereby adopted. The village promulgates all of its terms and provisions as its own. (L.L. No. 2-1985)

§ 6-108. Record of passenger elevators.

Every passenger elevator shall be given a serial number for purpose of identification. In the case of elevators hereafter installed, such serial number shall be assigned when the first certificate is issued and, in the case of existing elevators, as soon as inspection can be made for that purpose.

A docket of all passenger elevators shall be kept, giving under the corresponding serial number a description of its location sufficient for identification, together with such other information as type of construction, motive power, rise, rated speed, inspection, etc., as the Department of Buildings may deem desirable. The owner or lessee, or agent of either, shall cause such number, together with the capacity of the elevator, to be attached or posted in the elevator car in the manner prescribed by the Building Inspector. The size and material of the sign bearing the identification number, together with the capacity of the elevator and its location, shall be approved by the Building Inspector. The most recent certificate of inspection shall be posted in the motor room in a manner and place approved by the Building Inspector. (L.L. No. 2-1985)

§ 6-109. Inspection.

The owner, lessee or agent of any building shall cause an inspection of all passenger elevators, escalators and amusement devices to be made at least once every six months and of freight elevators at least once every 12 months by such inspector, person or company as may be required and/or authorized by the New York State Uniform Fire Prevention and Building Code and approved by the Department of Buildings. The owner, lessee or agent shall pay the fees or charges of such inspections. Upon notice from the Department of Buildings, or an authorized inspector or representative, any repairs found necessary to such elevators, escalators or amusement devices shall be made without delay by the owner or lessee and, in case defects are found to exist which, in the continued use of such elevator or escalator are dangerous to life of limb, then the use of such elevator or escalator shall cease, and it shall not again be used until a certificate shall be first obtained from said Department of Buildings or an authorized inspector or representative that such elevator or escalator has been made safe. After every inspection which shows any elevator or escalator to be safe in conformity with the requirements of this article and the rules adopted thereunder, the Department of Buildings shall issue a certificate to that effect (L.L. No. 2-1985; L.L. No. 3-1996, § 2)

§ 6-110. Fees for permit to construct or alter; certificate of compliance for elevators and escalators; permit to operate.

(a)Fees for a permit to construct or alter any elevator or escalator shall be as follows:

(1) Twenty-five dollars for up to and including $1,000 of estimated cost.

(2) Ten dollars additional for each $1,000 of estimated cost or any part thereof up to and including $100,000.

(3) Five dollars additional for each $1,000 or any part thereof above $100,000.

(b) The fee for a certificate of compliance for each elevator, escalator or amusement device shall be $50 plus the payment of the required fee for permit to operate as described in Subsection (c).

(c) No elevator or escalator shall be operated unless an annual permit to operate is issued by the Building Inspector. The owner, agent or lessee shall make an application for a permit to operate on a form approved by the Building Inspector.

(1) A permit to operate shall be issued providing all applicable requirements are met and an annual fee of $100 is paid for each elevator, escalator or amusement device. Said fee shall be paid within 30 days after the billing date. Failure to pay within the required time is a violation of this Article.

(2) A permit to operate for newly constructed or altered elevators and escalators issued in the last quarter of the year shall be applied to the next calendar year. The provisions of this Subsection (c) shall not apply to and no fee shall be payable in the case of premises solely and exclusively devoted to charitable, religious or educational purposes which are exempt from real property taxes collected by the village. (L.L. No. 2-1985)

§ 6-111. Design and installation standards.

Elevators, dumbwaiters and escalators shall be designed and installed to sustain safely the loads to which they are subject. Elevators, dumbwaiters and escalators shall be designed according to the standards and provisions set forth in the American National Standards Association Code, ANSI A17.1-1984. Where there is a difference between the village building code and the ANSI Code, the more stringent shall apply. In case of a conflict, the Building Inspector shall decide which code shall apply. (L.L. No. 2-1985)

ARTICLE IX. STREET NUMBERS

§ 6-112. Purpose.

The purpose of this Article shall be to require the clear display of house and building numbers from public streets for all properties that contain principal buildings within the village in order to assist the general public or the authorities in identifying any property in case of an emergency, as well as for the welfare of the general public in conducting its normal affairs. (L.L. No. 3-1991, § 1)

§ 6-113. Applicability.

This Article shall apply to all properties within the village that contain a principal building thereon, whether or not said building is occupied. Such premises shall bear and display at least one (l) set of house numbers, which shall be assigned by the Village Building Inspector. Buildings facing two or more public roadways shall be required to display auxiliary numbers, if necessary, to pass the visibility test (as hereinafter set forth) when viewed from those points in the center line of the public roadway opposite those points where regularly used pedestrian or vehicular passageways enter the public roadway. (L.L. No. 3-1991, § 1)

§ 6-114. Specifications and requirements.

(a) In order to comply with this Article, house and building numbers shall be Arabic in design, shall have a minimum height of three inches and shall be mounted in a secure fashion to the building's front wall or to a porch or other fixed appurtenance in front of the building in the general vicinity of the main entryway or main path of travel which leads to the main entrance from a public street or otherwise separately and securely mounted upon the face of a wall or upon a post in the front yard of the premises.

(b) Auxiliary numbers shall be mounted at a height between four feet and 10 feet above the adjacent grade or exterior landing directly beneath but never higher than 15 feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during the daylight hours by a person possessing at least 20/40 vision as he views the numbers from the center line of the facing street and at an elevation of five feet above the finished surface thereof.

(c) The numbers shall be so placed that trees, shrubs or other obstructions do not block the line of the numbers from the center of the street to any appreciable degree. (L.L. No. 3-1991, § 1)

§ 6-115. Existing numbers.

Existing numbers used on premises as of June 1, 1991, which essentially comply with numbers officially assigned by the Village Building Inspector, at least to the extent that such number or numbers assigned to properties on either side which are located on the same side of the street, shall be considered as bearing the correct number or numbers for the purposes of this Article. (L.L. No. 3-1991, § 1)

§ 6-116. Existing installations.

Existing installations as of June 1, 1991, which essentially meet the requirements and/or spirit of this Article, including numbers presently on or attached to a mailbox, shall be deemed to be in compliance without further alteration, provided that any alteration or replacement of said installations shall be in conformance with this Article. (L.L. No. 3-1991, § 1)

§ 6-117. Failure to comply.

The absence of house or building numbers or the insecure fastening or absence of any integer thereof or the use of any number out of logical sequence for the street toward which it faces or the failure of a number to meet the elevation requirement or the visibility requirements shall be considered a violation of this Article. Failure on the part of the property owner to comply with the provisions of this Article within a period of 15 days from the date of issuance of a notice of violation shall be sufficient cause for the Village Building Inspector to proceed with carrying out the provisions of this Article and assess any costs incurred to the property owner concerned, with a minimum charge of $50 for each property in violation. (L.L. No. 3-1991, § 1)

§ 6-118. Assignment of numbers.

The final authority for determining and assigning the number or numbers to be used upon particular property shall be the Village Building Inspector of the Village of Tuckahoe, such authority being delegated to the Village Building Inspector by the Board of Trustees pursuant to § 4-412 of the Village Law. (L.L. No. 3-1991, § 1)

ARTICLE X, . ADMINISTRATION AND ENFORCEMENT OF UNIFORM CODE

§ 6-119. Purpose and intent.

This article provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Village. This article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this article, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this article. (L.L. No. 3-2008, § 1)

§ 6-120. Definitions.

As used in this article, the following terms shall have the meanings indicated:

Building permit shall mean a permit issued pursuant to § 6-122 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.

Certificate of occupancy/certificate of compliance shall mean a certificate issued pursuant to § 6-125(b) of this article.

Code Enforcement Officer shall mean the Building Inspector and/or the Code Enforcement Officer of the Village.

Code Enforcement Personnel shall include the Code Enforcement Officer and all inspectors.

Compliance Order shall mean an order issued by the Code Enforcement Officer pursuant to § 6-133(a) of this article.

Energy Code shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

Operating permit shall mean a permit issued pursuant to § 6-128 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.

Permit Holder shall mean the person to whom a building permit has been issued.

Person shall include an individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

Stop-Work Order shall mean an order issued pursuant to § 6-124 of this article.

Temporary certificate shall mean a certificate issued pursuant to § 6-125(d) of this article.

Uniform Code shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

Village shall mean the Village of Tuckahoe. (L.L. No. 3-2008, § 2)

§ 6-121. Code Enforcement Officer and inspectors.

(a) The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this article. The Code Enforcement Officer shall have the following powers and duties:

(1) To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;

(2) Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3) To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this article;

(4) To issue stop-work orders;

(5) To review and investigate complaints;

(6) To issue orders pursuant to Subsection

(a) of § 6-133, Enforcement; penalties for offenses, of this article;

(7) To maintain records;

(8) To collect fees as set by the Village Board of Trustees of this Village;

(9) To pursue administrative enforcement actions and proceedings;

(10) 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; and

(11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article.

(b) The Code Enforcement Officer shall be appointed by the Mayor subject to the approval of the Village Board of Trustees. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention 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 the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

(c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Mayor, subject to the approval of the Village Board of Trustees, to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article.

(d) The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Village Board of Trustees of this Village. (L.L. No. 3-2008, § 3)

§ 6-122. Building permits.

(a) Building permits required. Except as otherwise provided in Subsection (b) of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.

(b) Exemptions. No building permit shall be required for work in any of the following categories:

(1) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(2) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(3) Installation of partitions or movable cases less than five feet nine inches in height;

(4) Painting, wallpapering, tiling, carpeting, or other similar finish work;

(5) Window replacement, existing driveway and walkway replacement;

(6) Replacement of gutters and leaders.

(c) Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

(d) Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:

(1) A description of the proposed work;

(2) The Tax Map number and the street address of the premises where the work is to be performed;

(3) The occupancy classification of any affected building or structure;

(4) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

(5) At least two sets of construction documents (drawings and/or specifications) which:

a. Define the scope of the proposed work;

b. Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

c. Indicate with sufficient clarity and detail the nature and extent of the work proposed;

d. Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and

e. Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.

(e) Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection (d)(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.

(f) Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

(g) Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

(h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.

(i) Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

(j) Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that:

(1) All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and

(2) All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

(k) Fee. The fee specified in or determined in accordance with the provisions set forth in § 6-134, Fees, of this article must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit. (L.L. No. 3-2008, § 4)

§ 6-123. Construction inspections.

(a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection (b) of this section is ready for inspection.

(b) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

(1) Work site prior to the issuance of a building permit;

(2) Footing and foundation;

(3) Preparation for concrete slab;

(4) Framing;

(5) Building systems, including underground and rough-in;

(6) Fire-resistant construction;

(7) Fire-resistant penetrations;

(8) Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(9) Energy Code compliance; and

(10) A final inspection after all work authorized by the building permit has been completed.

(c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

(d) Fee. The fee specified in or determined in accordance with the provisions set forth in § 6-134, Fees, of this article must be paid prior to or at the time of each inspection performed pursuant to this section. (L.L. No. 3-2008, § 5)

§ 6-124. Stop-work orders.

(a) Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:

(1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

(2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

(3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.

(b) Content of stop-work orders. Stop-work orders shall:

(1) Be in writing;

(2) Be dated and signed by the Code Enforcement Officer;

(3) State the reason or reasons for issuance; and

(4) If applicable, state the conditions which must be satisfied before work will be permitted to resume.

(c) Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

(d) Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.

(e) Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection

(a) of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 6-133, Enforcement; penalties for offenses, of this article or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order. (L.L. No. 3-2008, § 6)

§ 6-125. Certificates of occupancy/certificates of compliance.

(a) Certificates of occupancy or certificates of compliance required. A certificate of occupancy or certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy or certificate of compliance.

(b) Issuance of certificates of occupancy or certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy or certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or certificate of compliance:

(1) A written statement of structural observations and/or a final report of special inspections; and

(2) Flood hazard certifications.

(c) Contents of certificates of occupancy/certificates of compliance. A certificate of occupancy or certificate of compliance shall contain the following information:

(1) The building permit number, if any;

(2) The date of issuance of the building permit, if any;

(3) The name, address and Tax Map number of the property;

(4) If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;

(5) The use and occupancy classification of the structure;

(6) The type of construction of the structure;

(7) The assembly occupant load of the structure, if any;

(8) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

(9) Any special conditions imposed in connection with the issuance of the building permit; and

(10) The signature of the Code Enforcement Officer issuing the certificate of occupancy or certificate of compliance and the date of issuance.

(d) Temporary certificate. The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed three months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

(e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy or certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

(f) Fee. The fee specified in or determined in accordance with the provisions set forth in § 6-134, Fees, of this article must be paid at the time of submission of an application for a certificate of occupancy or certificate of compliance or for a temporary certificate. (L.L. No. 3-2008, § 7)

§ 6-126. Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within this Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent. (L.L. No. 3-2008,

§ 8)

§ 6-127. Unsafe building and structures.

Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures set forth in Article V of Chapter 6 of the Code of the Village of Tuckahoe, entitled "Unsafe Buildings," as now in effect or as hereafter amended from time to time. (L.L. No. 3-2008, § 9)

§ 6-128. Operating permits.

(a) Operating permits required.

(1) Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

a. Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;

b. Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;

c. Use of pyrotechnic devices in assembly occupancies;

d. Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

e. Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Village Board of Trustees of this Village.

(2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection

(a) shall be required to obtain an operating permit prior to commencing such activity or operation.

(b) Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.

(c) nspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.

(d) Multiple activities. In any circumstance in which more than one activity listed in Subsection

(a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.

(e) Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.

(f) Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.

(g) Fee. The fee specified in or determined in accordance with the provisions set forth in § 6-134, Fees, of this article must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit. (L.L. No. 3-2008, § 10)

§ 6-129. Firesafety and property maintenance inspections.

(a) Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:

(1) Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.

(2) Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

(3) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection (a)(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection (a)(1) or (2), shall be performed at least once every 18 months.

(b) Inspections permitted. In addition to the inspections required by Subsection

(a) of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon:

(1) The request of the owner of the property to be inspected or an authorized agent of such owner;

(2) Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

(3) Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

(c) OFPC inspections. Nothing in this section or in any other provision of this article shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary:

(1) The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;

(2) The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;

(3) The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection (a)(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection (a)(3) of this section; and

(4) The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection (a)(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection (a)(3) of this section.

(d) Fee. The fee specified in or determined in accordance with the provisions set forth in § 6-134, Fees, of this article must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC. (L.L. No. 3-2008, § 11)

§ 6-130. Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this article, or any other local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:

(a) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

(b) If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 6-133, Enforcement; penalties for offenses, of this article;

(c) If appropriate, issuing a stop-work order;

(d) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. (L.L. No. 3-2008, § 12)

§ 6-131. Recordkeeping.

(a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:

(1) All applications received, reviewed and approved or denied;

(2) All plans, specifications and construction documents approved;

(3) All building permits, certificates of occupancy, certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;

(4) All inspections and tests performed;

(5) All statements and reports issued;

(6) All complaints received;

(7) All investigations conducted;

(8) All other features and activities specified in or contemplated by § § 6-122 through 6-130, inclusive, of this article, including; and

(9) All fees charged and collected.

(b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation. (L.L. No. 3-2008, § 13)

§ 6-132. Program review and reporting.

(a) The Code Enforcement Officer shall annually submit to the Village Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 6-131, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.

(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Village, on a form prescribed by the Secretary of State, a report of the activities of this Village relative to administration and enforcement of the Uniform Code.

(c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials this Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Village in connection with administration and enforcement of the Uniform Code. (L.L. No. 3-2008, § 14)

§ 6-133. Enforcement; penalties for offenses.

(a) Compliance orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this article. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this article; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this article which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

(b) Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

(c) Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this article, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article, shall be liable to a civil penalty not to exceed $1,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of this Village.

(d) Injunctive relief. An action or proceeding may be instituted in the name of this Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this article, or any term or condition of any building permit, certificate of occupancy, certificate of compliance, temporary certificate, stop-work order, operating permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this article, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this article, an action or proceeding may be commenced in the name of this Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Village Board of Trustees of this Village.

(e) Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 6-134, stop-work orders, of this article, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 6-134, stop-work orders, of this article, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law. (L.L. No. 3-2008, § 15)

§ 6-134. Fees.

A fee schedule shall be established by resolution of the Village Board of Trustees of this Village. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy, certificates of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this article. (L.L. No. 3-2008, § 16)

§ 6-135. Intermunicipal agreements.

The Village Board of Trustees of this Village may, by resolution, authorize the Mayor of this Village to enter into an agreement, in the name of this Village, with other governments to carry out the terms of this article, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. (L.L. No. 3-2008, § 17)