https://sleepyhollow.localarchives.org/files/original/01e87203977e97500d7b278c1698f0f3.pdf 11369ebabb95568ef74069f3d205c14b PDF Text Text Whereas, tlie Board of Assessment Review convened on February 16, 2010 to review tax grievance complaints filed by the owners of approximately 103 properties located within the Village of Sleepy Hollow; and Whereas, the Board has reviewed the Memorandum from Village Assessor Fred Gross attached hereto and made a part of this record containing his recommendations with regard to each of the tax grievance complaints; Now, therefore, be it resolved the Board of Assessment Review hereby approves the grievances and reduces the assessments of those properties as recommended by the Assessor on the review sheet attached hereto; denies and/or dismisses the grievances of all other properties as recommended by the Assessor as contained in the review sheet attached hereto. Moved: Trustee Capossela Seconded: Trustee Stupel Vote: 6-0 �Resolution Promoting Police Officer Eldryk Ebei to Sergeant of Police WHEREAS, adequate supervision within any police agency is essential to its efficient operation; and WHEREAS/ the number of Patrol Sergeants in the Sleepy Hollow Police Department is presently not adequate to provide supervision across all scheduled tours of duty; and WHEREAS, in order to help address this deficiency, the Chief of Police has recommended that an additional Sergeant's position be created as soon as practicable; and WHEREAS, Police Officer Eldryk Ebe! has taken the competitive Civil Service examination for the position of Sergeant of Police and presently is first on the Civil Service List for the position; and WHEREAS, the Chief of Police has recommended that Police Officer Ebel be promoted to the rank of Sergeant of Police; and, WHEREAS, the Trustees that comprise the Public Safety Committee for the Village of Sleepy Hollow concur with the Chiefs recommendation; NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Sleepy Hollow hereby promotes Police Officer Eldryk Ebel to the rank of Sergeant of Police, from Civil Service Eligible List #73-414 and, said promotion to become effective Monday, March 29, 2010 at an annual salary of $100,897. Said appointment is subject to a probationary period of twelve (12) weeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee: Schroedel Seconded: Capossela Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Funding the Sleepy Hollow Downtown Revitalization Corporation WHEREAS, the Village of Sleepy Hollow strongly supports the efforts of the Sleepy Hollow Downtown Revitalization Corporation (SHDRC) program; and WHEREAS, the SHDRC has received two New York Main Street grants, totaling $385,000, $50,000 of which is for streetscape improvements to the downtown and $335,000 of which is to be granted to participating property owners on Beekman Avenue and Cortlandt Street for fagade renovations, and requires a dollar for dollar match from the property owners; and WHEREAS, the SHDRC has received a Quality Communities grant part of which is to be used for programming the downtown to draw consumers to Sleepy Hollow's main street; and WHEREAS, the Village of Sleepy Hollow allocated $20,000 of its 2009-2010 budget to support the downtown revitalization work of the SHDRC. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Board of Trustees herein authorize the $20,000 to be disbursed from the Village's budget to the Sleepy Hollow Downtown Revitalization Corporation. Moved: Trustee Wompa Seconded: Trustee Campbell Vote: 6-0 �WHEREAS, the position of Lead Mechanic (Garage) was duly posted for ten days in the office of the Department of Public Works. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby approve the Mayor's appointment of Robert O'Connell, from Peekskill, New York to the position of Lead Mechanic ~ Garage at an annual salary of $78,000.00 effective March 29, 2010. Said appointment is subject to a probationary period of twelve (12) to fifty-two weeks and the approval of the Westchester County Department of Human Resources. Moved: Trustee Capossela Seconded: Trustee Shroedel Vote: 6-0 �Resofytlon Seeking Permission to Dispose of Unserviceable Computer Equipment WHEREAS, the Police Department lias accumulated an assortment of no longer serviceable computers, printers and monitors that are taking up valuable space within the Police Department and have no value; and WHEREAS, the Police Department seeks to appropriately dispose of this unusable equipment; and WHEREAS, because the storage media in the computers may hold proprietary data that must first be expunged and some parts of the machines themselves contain materials which may be carcinogenic, the Police Department has requested that Web Services Group, Inc., assist it with purging any stored data and appropriately disposing of the equipment; and WHEREAS, Web Services Group, Inc., has agreed to assist in the disposal of this equipment; NOW, THEREFORE, BE IT RESOLVED that the Village Board of the Village of Sleepy Hollow hereby grants permission to the Sleepy Hollow Police Department to dispose of the following listed equipment through Web Services Group, Inc., Brand Samsung IBM View Sonic Dell HP Dell IBM IBM Tym Monitor Monitor Monitor Monitor Printer Computer Computer Computer Moved: Trustee Campbell Model # DP17 6332 VG191B E1772P C6401A DMS 8147 8305 Seconded: Schroedel Serial # HCCN114530P 55BLP37 A0Z025110840 None MY9271BV0B GS1W751 KAZ621 KCBL4I\IA Vote: 6-0 �Whereas, the Board of Fire Wardens has referred for approval several actions taken by the Fire Wardens at a recent meeting; and Whereas, the Village Attorney, pursuant to the directive of the Board of Trustees, has reviewed the actions and found same to have met all legal requirements for such actions; Now, therefore, be it resolved the Board of Trustees hereby approves and confirms the following actions of the Fire Wardens: 1. Admission of Jason Duran to active membership, subject to the arson background check, customarily conducted by the Fire Department. 2. Resignation of Oscar Madinabeitia from active membership. 3. Removal of Mike Anzovino, Catherine Hopkins, Kyle Keegan and Ryan Murray from active membership for the non-payment of company dues, as required by Union Hose Fire Company pursuant to their duly enacted bylaws. 4. Removal of Pablo Quezada, John Patino and Juan Vallejo from active membership for not attending and completing the required Firefighter I course as required by the Sleepy Hollow Fire Department as a prerequisite for membership pursuant to Fire Department by-laws. Be it further resolved the Village Clerk is directed to have Jason Duran sign the oath of office required by the Village of Sleepy Hollow and provide a name, address and contact phone number to the Village Clerk., and Be it further resolved the Village Clerk is directed to forward a copy of this resolution to the Board of Fire Wardens. Moved: Trustee Wompa Seconded: Trustee Capossela Vote: 6-0 �ADOPT CODE REVISIONS L Be it enacted, the Board of Trustees hereby adopts Local Law No. 2 of 2010 amending Local Law No. 4 of 2007, Chapter 10 of the Village Code, entitled Administration and Enforcement of the New York State Uniform Fire Prevention and Buiiding Code. Said proposed Local Law 2 of 2010 is attached hereto and made a part of these minutes. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 6-0 2. Be it enacted, the Board of Trustees hereby adopts Local Law No. 3 of 2010 amending Local Law No. 1 of 2004, Chapter 19D of Village Code, entitled Department of Architecture, land Use Development, Buildings and Building Compliance, Said proposed Local Law 3 of 2010 is attached hereto and made a part of these minutes. Moved: Trustee Stupel Seconded: Trustee Carr Vote: 6-0 3. Be it enacted, the Board of Trustees hereby adopts Local Law No. 4 of 2010 amending Chapter 30A of the Village Code, entitled Housing Standards, Said proposed Local Law 4, 2010 is attached hereto and made a part of these minutes. Moved: Trustee Stupel Seconded: Trustee Wompa Vote: 6-0 4. Be it enacted, the Board of Trustees hereby adopts Local Law No. 5 of 2010, entitled Illegal Residential Occupancies and Overcrowding in Dwellings. Said proposed Local Law 5of 2010 is attached hereto and made a part of these minutes and shall added as Chapter 32 of the Village Code. Moved: Trustee Stupel Seconded: Trustee Campbell Vote 6-0 5. Be it enacted, the Board of Trustees hereby adopts Local Law No. 6 of 2010 amending the Zoning Code, Chapter 62 of the Village Code. Said proposed Local Law 6 of 2010 is attached hereto and made a part of these minutes. Moved: Trustee Stupel Seconded: Trustee Carr Vote: 6-0 �ORIGINAL CODE REVISION CHANGES PER VILLAGE BOARD. 10>3 F. Restrictions on Officers and Employees. 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 office or 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 with the Village of Sleepy Hollow, excepting only that this provision shall not prohibit any officer or employee from such activities in connection with the construction of a building or structure contemplated to be owned or is owned by him as his primary residence. 10-4 B. There shall be no fee for a Building Permit required for work in any of the following categories: (1) installation of swings and other playground equipment associated with a oneor two-family dwelling or multiple single-family dwellings (townhouses); (2) installation of portable, swimming pools associated with a one-or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designated for a water depth of less than 24 inches and are installed entirely above ground; (3) installation of movable cases less than 5'-9" in height; (4) painting, wallpapering, carpeting, or other similar finish work; (5) installation of listed portage electrical, plumbing, heating, ventilation or cooling equipment or appliances which does not require permanent utility connections; (6) repairs, with an estimated value not exceeding two thousand five hundred dollars ($2,500.00) provided that such repairs do not involve �(Complete the certification in tVie paragrapli that applies to the filing of this local law and strike out that which Is not applicable.) ''. (Final adoption by local legislative body only.) 2 hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Vjliage) of THE VILLAGE OF SLEEPY HOLLOW, NY 10591 BOARD OF TRUSTESS on MARCH, 23 (Name of Legislative Body) provisions of law. of 20 JO of ^vas duly passed by the in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Vjllage) of ^ was duly passed by the on 20 and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Villagej of of was duly passed by the on (Name of Legislative Body) (repassed after disapproval) by the 20 , and was (approved)( not approved) on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera!) (specia!)(annuai) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of (Name of Legislative Body) ^ of 20 ^ of was duly passed by the on (repassed after disapproval) by the 20 , and was (approved)(not approved) on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �5, (City local law concerning Charter revision proposed by petition.) i hereby certify that the loca! law annexed hereto, designated as iocai law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special){general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local was finally adopted in the manner indipateH in paragraph J , above. ClerfcoTthe county legfelative body, City, Town or officer designated by local legislative body fSea/) Date: ^ 2 - 0 Clerk^r 0 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF WESTCHESTER I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the iocal law annexed hereto. Signature Title County City^^ VILLAGE OF SLEEPY HOLLOW, NY Tov\m Village Date: AP^'^ 20, 2010 �Chapter 10 ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Local Law No. XX of 2010 amending Local Law No. 4 of 2007. Be it enacted by the Board of Trustees of the Village of Sleepy, in the County of Westchester, as follows: § 10-1. Purpose and Intent This local law 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 local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law. § 10-2. Definitions. In this local law: BUILDING PERMIT- shall mean a permit issued pursuant to section 4 of this local law. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law. CERTIFICATE OF OCCUPANCY / CERTIFICATE OF COMPLIANCE- shall mean a certificate issued pursuant to subdivision (B) of section 7 of this local law. BUILDING INSPECTOR- shall mean the Cede Building Inspector appointed pursuant to subdivision (B) of section 3 of this local law. CODE ENFORCEMENT PERSONNEL- shall include the Building Inspector and all Inspectors. COMPLIANCE ORDER- shall mean an order issued by the Building Inspector pursuant to subdivision (A) of section 15 of this local law. �ENERGY CODE- shall mean the State Energy Conservation Construction Code, as ciirrently in effect and as hereafter amended from time to time. • INSPECTOR- shall mean an inspector appointed pursuant to subdivision (D) of section 3 of this local law. OPERATING PERMIT-shall mean a permit issued pursuant to section 10 of this local law. The term "Operating Permit" shall also include an Operating Permit which is renewed^ amended or extended pursuant to any provision of this local law. 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 section 6 of this local law. TEMPORARY CERTIFICATE- shall mean a certificate issued pursuant to subdivision (D) of section 7 of this local law. 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 Sleepy Hollow. § 10-3. Code Enforcement Officer Biiildmg lasgector and Inspectors. Officer Building Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement OUte^Building Inspector shall have the following powers and duties: (1) (2) (3) 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; u|)on 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; to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy / Certificates of Compliance, �Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all otlier inspections required or permitted under any provision of this local law; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (A) of section 15 (Violations) of this local law; (7) to maintain records; (8) to collect fees as set by the 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 local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (11) to exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this local law. Building Inspector shall be appointed by Mayor of this Village. The Code Enforcement Officer Building Inspector shall be a registered architect or licensed professional engineer of the State of New York or' a builder with at least 10 years recent ghall poGsesB background experience related to building construction and fire prevention, and The Building Inspector 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 Building Inspector 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 Building Inspector is unable to serve as such for any reason, an individual shall be appointed by Mayor of this Village to serve as Acting Cede^nforcement Office-f-Building Inspector. The Acting Code Enforcement Officer Building Inspector shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer Building Inspector by this local law. In no event shall said appointment be longer than six (6) month. D. One or more Inspectors may be appointed to act under the supervision and direction of the Code Enforcement Officer Building Inspector and to assist the Code Enforcement Officer Building Inspector in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer Building Inspector by this local law. Each Inspector 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 each Inspector shall obtain certification from the State Fire �Administrator pursuant to the Executive Law and the regulations promulgated thereunder. E. The compensation for the Code Enforcement OffiC(^ Building Inspector and Inspectors shall be fixed from time to time by the Board of Trustees of this Village. § 10-4. Building Permits. A. Building Permits Required. Except as otherwise provided in subdivision (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 vwthout first having obtained a Building Permit from the Cede Enforcement Officer Building Inspector. B. Exemptions. No Building Permit shall be required for work in any of the following categories: (1) (2) (3) (4) (5) (6) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); installation of portable, swimming pools associated v^dth a one- or twofamily dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; installation of movable cases less than 5'-9" in height; painting, wallpapering, carpeting, or other similar finish work; installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances which does not require permanent utility comiections; repairs, with an estimated value not exceeding five hundred one two thousand-five hundred dollars ($^Q02>500.) provided that such repairs do not involve (a) the removal or cutting away of a load bearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (b) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) the enlargement, alteration, replacement or relocation of any building system; or (d) the removal from service of all or part of a fire protection system for any period of time. �C. Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (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 Building Inspector. 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 Building Inspector deems sufficient to permit a detennination by the Code Enforccmc-Bl Office? Building Inspector that the intended work complies with all applicable requirements of the Code of the Village of Sleepy Hollow, the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) (2) a description of the proposed work; 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 3 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 Code of the Village of Sleepy Hollow, tlie 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, (6) the application for the building pemiit shall set forth in detail the estimated cost of the project. "Estimated cosf shall mean the reasonable market value of all labor, materials, equipment and professional services entering into and necessary for the completion of the proposed project including all property ^ improvements, except the cost of the land. Where, in the opinion of the Building Inspector, the estimated cost of construction as shown on the building pemit does not reflect the actual constmction costs. The Building Inspector may require the applicant to submit a notarized affidavit of tlie final cost of construction, and pay the difference in the amount of the building permit fee. �F. 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 paragraph (5) of subdivision (D) 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 Building Inspector Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer Building Inspector, 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. G. 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 Building Inspector shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. H. 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. I. 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 Ce^Enforcemen^^Meef Building Inspector of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Offic(a= Building Inspector 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. J. Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 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 subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer Building Inspector. K. Revocation or suspension of Building Permits. If the Code Enforcement Officer Building Inspector 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 materially differs from the approved Permit, or if tlie �work violates the Village Code. Uniform Code or the Energy Code, the Cede Enforcement Officer Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) (2) (3) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. tlie Building hispector may in his discretion, before issuing a new building permit, require the applicant to file an indemnity bond in favor of the village, with sufficient surety conditioned for compliance with this ordinance and all laws and ordinances then in force and in a sum to cover the cost of removing the structure if it does not so comply. L. Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Pemiit, for an amended Building Pennit, or for renewal of a Building Permit § 10-5. Construction Inspections. A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforce-ment Officer Building Inspector or by an Inspector authorized by the Building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in subdivision (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 made, where applicable: p (1) (2) (3) (4) (5) (6)p work site prior to the issuance of a Building Permit; footing foundation walls; water proofing, drainage, backfilling; preparation for concrete slab; framing; (7) (8) (9) (10) (11) (12) insulation; building systems, including underground and rough-in; fire resistant construction; fire resistaat penetrations; solid fuel burning heating appliances, chimneys, flues or gas vents; Energy Code comphance; and �(13) 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 section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section. §10-6. Stop Work Orders. A. Authority to issue. The Code Enforcement Officer Building Inspector is authorized to issue Stop Work Orders pursuant to this section. The Ged© Building Inspector shall issue a Stop Work Order to halt; (1) (2) (3) any work that is determined by the Code Enforcement Officer Building Inspector 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 any work that is being conducted in a dangerous or unsafe manner in the opinion of the Cede Enforcement Officer Building Inspector, 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 any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Pemait that has become invalid, has expired, or has been suspended or revoked. B. Content of Stop Work Orders. Stop Work Orders shall (1) (2) (3) (4) be in writing, P be dated and signed by the Code Enforcement Officer Building Inspector, state the reason or reasons for issuance, and 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 Building Inspector 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 Building Inspector 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. B. Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (A) of tliis 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 section 15 (Violations) of this local law 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. § 10-7. Certificates of Occupancy/ Certificates of Compliance. A. Certificates of Occupancy / Certificates of Compliance required. (1) A Certificate of Occupancy / 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 / Certificate of Compliance. B. Issuance of Certificates of Occupancy / Certificates of Compliance. The Cod© Enforc(^nent Officer Building Inspector shall issue a Certificate of Occupancy / 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, that 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 Building Inspector or an Inspector authorized by the Code Enforcement Officer Building Inspector shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy / 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 Building Inspector, at the expense of the applicant for the Certificate of Occupancy / Certificate of Compliance, shall be provided to the Code Enforcement Officef Building Inspector prior to the issuance of the Certificate of Occupancy / Certificate of Compliance: (1) (2) (3) (4) ( a written statement of structural observations and/or a final report of special inspectionsy-a^id; flood hazard certificationsT; as-built plans; and as-built sui'vey. ,, C. Contents of Certificates of Occupancy / Certificates of Compliance. A Certificate of Occupancy / Certificate of Compliance shall contain the following information: (1) (2) (3) (4) the Building Permit number, if any; the date of issuance of the Building Permit, if any; the name, address and tax map number of the property; if the Certificate of Occupancy / Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy / 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 Office Building Inspector issuing the Certificate of Occupancy / Certificate of Compliance and the date of issuance. / ^ D. Temporary Certificate. The Code Enforcement Office-F Building Inspector 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-Gede Inspector issue a Temporary Certificate unless the Inspector determines (1) (2) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and v �(3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer Building Inspector 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 6 months, which shall be determined by the Code Enforcement Officer Building Inspector 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 Building Inspector determines that a Certificate of Occupancy / 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 Building Inspector within such period of time as shall be specified by the Code Enforcement Office? Building Inspector, the Code Enforcement Officer Building Inspector shall revoke or suspend such certificate. F. F ^ . The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy / Certificate of Compliance or for Temporary Certificate. § 10-8. Notification regarding fire or explosion. The chief of any fire department providing fire fighting services for a property witWn this Village shall promptly notify the Code EnforceaeBt: Officer Building Inspector of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. § 10-9. Unsafe Building and structures. Unsafe structures and equipment in this Village shall be identified and addressed in accordance with the procedures established by Local Law Number 1 of 1986, as now in effect or as hereafter amended from time to time. p p §1040. Operating Permits. A. Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings Hsted below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding tliose listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or �(2) (3) (4) (5) 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1; 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; use of pyrotechnic devices in assembly occupancies; buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of this Village. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (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 G&4e Enforcement Officer Buildins: Inspector. Such application shall include such information as the €ede Enforcement Officer Building Inspector deems sufficient to permit a determination by the Code Enforcement Officer Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer Building Inspector 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 Cede Enforcement Offic(^ Building Inspector, at the expense of the applicant, C. Inspections. The Code Enforcement Officer Building Inspector or an Inspector authorized by the Code Enforcement Offic-^ Building Inspector 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 subdivision (A) of this section is to be conducted at a location, the Cede Enforcement Officer Building Inspector may require a separate Operating Permit for each such activity, or the Code Enforcement Officer Building Inspector may, in his or her discretion, issue a single Operating Permit to apply to all such activities. p p 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 O f f i c e Building Inspector to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Pemiit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer Building Inspector, �payment of the applicable fee, and approval of such application by the €©de Enforcement Officer Building Inspector. F. Revocation or suspension of Operating Permits. If the Code Enforcement Officer Building Inspector determines that any activity or building for which an Operating Pennit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. G. F ^ . The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. § 10-11. Fire safety and property maintenance inspections. A. Inspections required. Fire safety and propeity maintenance inspections of buildings and structures shall be performed by the Building Inspector or an Inspector designated by the Building Inspector at the following inten'^als: (1) (2) (3) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months. Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all nonresidential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every (36) months, B. Inspections permitted. In addition to the inspections required by subdivision (A) of this section, a fire safety 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 Building Inspector or an Inspector designated by the Cede-^forcement Officer Building Inspector at any time upon: ^ (1) (2) (3) t&e request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer Building Inspector 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 subdivision 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 local law 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 section 156-e and Education Law section 807~b. D. Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. § 10-12. Complamts. The Cede Enforcement Offico? Building Inspector 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 local law, or any other local law. The Code of the Village of Sleepy Hollow, 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 Oiiieer Building Inspector 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 section 15 (Violations) of this local law; C. if appropriate, issuing a Stop Work Order; ^D. if a violatiorf 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. �§ 10-13. Record keeping. A. The Code Enforcement OfficeF Building Inspector shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) (2) (3) (4) (5) (6) (7) (8) (9) all applications received, reviewed and approved or denied; all plans, specifications and construction documents approved; all Building Permits, Certificates of Occupancy / Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; all inspections and tests performed; ail statements and reports issued; all complaints received; all investigations conducted; all other featxires and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and all fees charged and collected. B. Ail 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. § 10-14. Program review and reporting. A. The Code Enforcement Officer Building Inspector shall annually submit to The Board of Trustees of this Village a written report and summary of all business conducted by the Code Enforcement Officer Building Inspector and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded. B. The Code Enforcemmt Officer Building Inspector 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. P <5 C. The Code Enforcement Officer Building Inspector 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. �§ 10-15. Violations. A. Compliance Orders. The Code Enforcement Officer Building Inspector 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 local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer Building Inspector shall issue a Compliance Order. The Compliance Order shall (1) (2) (3) (4) (5) (6) (7) be in writing; be dated and signed by the Code Enforcement Officer Building Inspector: specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; specify the period of time which the Code Enforcement Office Building Inspector deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Cede Enforcement OfFice^Building Inspector 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 Building Inspector 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 Office Building Inspector and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. Every appearance ticket that is issued, pursuant to the provisions of tliis chapter, shall include the following: (1) (2) (3) (4) (5) 16) The name and address of the partyfs) to whom the ticket is issued, when known: citation ot laws(s) and the appropriate section(s) allegedly violated: the place and date of the alleged violationrsV, the place, date and tune that the partv(s) is fare) required to appear in court: the date of issuance of the appearance ticketfs): the titlte and signature of the issuing officerfs). �C. Civil Penalties. Iii addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, 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 Office Building Inspector pursuant to any provision of this local law, shall be liable to a civil penalty of not more less than $300 250 nor more than $KQOO for each day or part thereof during which such violation continues; or imprisonment not exceeding one year, or both. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of this Village. In addition to the fine, the Couit may impose a one-year conditional discharge requiring the defendant to pennit access to the Depaitment to reinspect the premises from time to time during the period of the conditional discharge. 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 local law, 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 t>y the Cede Enforcement Officer Building Inspector pursuant to aay provision of this local law. 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 local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, 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 subdivision shall be commenced without the appropriate authorization from the Mayor of this Village. E. Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy 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 section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. Any p remedy qr 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 section 6 (Stop Work Orders) of this local law, in any other section of this local law, 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 section 381 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 section 381 of the Executive Law. Recording Violation Notice. Whenever a notice or order has been issued for any injfraction of this chapter, the Building Department shall keep on file a copy of such notice or order in the Building Department. This recording shall constitute notice of such violation, infi^action or order to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby. Whenever a notice or order has been issued for any infraction of this chapter, the Building Department shall forward a copy of such notice or order to the lender or mortgagee of the propeity. if identity of same is known to the Building Department. G. Transfer of Ownership. No owner of any dwelling, dwelling unit or other premises, upon which any notice or order pursuant to this local law has been served, shall sell, transfer, grant, mortgage, lease or otherwise dispose of such property to another until compliance of the provisions of such notice or order has been secured: and fines, if any, have been paid in full, or until such owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale, transfer, grant, mortgage or lease a true copy of such notice or order and, at the same time, give adequate notification to the Building Department of his intent to sell, transfer, grant, mortgage or lease, and supply to the chief officer in writing, the name and address of such person, persons, or firm to whom the sale. • transfer, grant, mortgage, or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee, who has been informed of the existence of any notice or order issued pursuant to this local law, shall be bound thereby. G. Expenses. The expenses incun-ed pui'suant to this Chapter shall be paid by the owner or occupant of the premises, or by the person who caused or maintained such nuisance or other violation. The Building Department shall file among its records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized above. The Village Attorney may institute a suit to recover such expenses against any person liable for such expenses or may cause such expenses to be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, notliing herein shall be construed as placing a lien upon the propeity which has priority over the lien of any recorded mortgage or lien on such property executed and recorded prior to the existence of a lien herein authorized. § iO-16. Fees. A fee schedule shall be established by resolution of the 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, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer Building Inspector described in or contemplated by this local law. § 10-17. Intermunidpal agreements. The 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 local law, 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. § 10-18. Partial invalidity. If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law. § 1049. Effective date. This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. ��NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include nnatter being eliminated and do not use italics or underlining to indicate new matter. • County • City ^^ • Town m Village VILLAGE OF SLEEPY HOLLOW, NY Local Law No. of the year 20 15 A local law " CHAPTER 19 - DEPARTMENT OF ARCHITECTURE, LAND USE DEVELOPMENT, (Insert me) BUILDINGS AND BUILDING COMPLIANCE. Be It enacted by the BOARD OF TRUSTEES ^^a^g ofLegi^atwe Body} • County Q City ^^ VILLAGE OF SLEEPY HOLLOW. NY ^^^^^ " ~~~ ^^ follows: • Town m Village SEE ATTACHED AMENDMENT (If additional space is needed, attach pages the same size as this sheet, and number each.) �(Complete the certification In the paragraph that applies to the filing of this local law and strike out that which Is not applicable.) 1. {Final adoption by local legislative body only.) ^ I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Vi!lage) of village of Sleepy Hollow NY 10591 Board of Trustees on March 23 20 (Name of Legislative Body) provisions of law. of 20 JL2 of vvas ^yiy passed by the in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County){City)(Town){Village) of was duly passed by the on 20 .andwas{approved)(notapproved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 ^ in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the of was duly passed by the on 20 , and was (approved)( not approved) on • 20 (Elective Chief Executive Officer") Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of (Name of Legislative Body) of was duly passed by the on (repassed after disapproval) by the 20 , and was (approved)(not approved) on 20 Such local (Elective Chief Executive OWcer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairpereon of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section {36)(37) of 'he Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .lereon at the {speclal)(generai) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file In this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopjted in the manner indicatedjn paragraph J , above. X C Z ^ Clerk of Wcounty l^islative<fcody. City, Town officer designated by local legislative body (Seal) oF Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK '^OUNTYOF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City^^ Village of Sleepy Hollow Town Village APRIL 20, 2010 �Chapter 19D DEPARTMENT OF ARCHITECTURE, LAND USE DEVELOPMENT, BUILDINGS AND BUILDING COMPLIANCE Local Law No. XX 2010 amending Local Law No. 1 of 2004 Be it enacted by the Board of Trustees of the Village of Sleepy Hollow, in the County of Westchester^ as follows; § 19D-1. Title. This chapter is to be known and cited as the "Department of Architecture, Land Use Development, Building and Building Compliance" of the Village of Sleepy Hollow, § 19D-2. Definitions. VILLAGE ARCHITECT- An architect licensed in the State of New York, hired 4 M ^ an employee consulting capacity^ by the Village of Sleepy Hollow and serving as the department head of the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village of Sleepy Hollow. BUILDING INSPECTOR- The Building Inspector of the Village of Sleepy Hollow, Westchester County, New York. DEPARTMENT OF ARCHITECTURE, LAND USE DEVELOPMENT, BUILDINGS AND BUILDING COMPLIANCE- The Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village of Sleepy Hollow. FIRE INSPECTOR- The Village Fire Inspector of the Village of Sleepy Hollow. VILLAGE OF SLEEPY HOLLOW- The Village of Sleepy Hollow, Westchester County, New York. VILLAGE ADMINISTRATOR- The Village Administrator of the Village of Sleepy Hollow, Westchester County, New York. VILLAGE BOARD- The Village Board of Trustees of the Village of Sleepy Hollow, Westchester County, New York. VILLAGE CLERK- The Village Clerk of the Village of Sleepy Hollow, Westchester County, New York. / �§ 19D-3. Establishment There is hereby created and established the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village, hereinafter referred to as the "Department of Architecture, Land Use Development, Buildings and Building Compliance" as a separate department of the Village. This Department shall provide for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, material, construction, alteration, repair, equipment, maintenance, use, occupancy, fire safety, removal and demolition of buildings and structures and their appurtenances located in the Village. § 19D-4. Position of Village Architect Established. There is hereby created the position of Village Architect. The Architect shall serve as the Director in charge of the Department of Architecture, Land Use Development, Buildings and Building Compliance of the Village. ^ The Village Architect shall have primary responsibility for the administration and enforcement of the provisions of this Code and shall supervise the persomiel assigned to and the activities of the Building Department, and shall further supervise the activities of the Building Inspection and Building Compliance Divisions. Wherever in this Code, authority is vested in the Building Inspector or Building Compliance Officer to enforce any provisions of this Code, or the New York State Uniform Fire Prevention and Bmlding Code, such authority shall also be vested in the Village Architect § 19D-5. Village Fire Inspector. The Village Fire Inspector shall be the Village Architect and may be referred to by either title. The duties of the Village Fire Inspector may be delegated as necessary, &om time to time, by the Village Architect or the Village Board consistence with applicable law. § 19D-6. Term of Employment, Village Architect The Village Architect shall be employed as may be offered, from time to time, by the Village Board. on such terms and conditions § 19D-7. Duties of the Village Architect A. The Village Architect shall be the principal executive in charge and the administrator of the Department of Architecture, Land Use Development, Buildings and Building Compliance. �B. The Village Architect shall, under the general direction of the Village Administrator, be responsible for the overall coordination of the Village's review and oversight of site planning and development projects. C. The Village Architect shall coordinate the planning and review of building and construction projects of the Village from inception to completion. D. The Village Architect shall oversee building and renovation plan review for compliance with all state and local codes. E. The Village Architect shall assist in the enforcement of the Code of the Village of Sleepy Hollow and the"Uniform New York State Uniform Fire Prevention arid Building Code" laws and regulations, as amended from time to time. F. The Village Architect shall act as liaison between the Architectural Board of Review, Plannuig Board, Waterfront Advisory Committee and Zoning Board of Appeals, and development projects before the Village Board. G. The Village Architect shall oversee and assist in the inspection of the construction and repair of buildings and structures and ail related tasks, other than those specifically exempted by local buildmg, zoning, plumbing and electrical ordinances, and the mMultiple rResidence ILaw. H. The Village Architect shall oversee and assist in the investigation of complaints and assist in the prosecution of violations of the Code of the Village of Sleepy Hollow and the New York State Uniform Fire Prevention and Building Code, and zoning and plumbing L The Village Architect shall check permit applications for compliance with zoning ordinances including, but not" limited to, size requirements for land, size restrictions for �signs and buildings, and the necessity for variances. J. The Village Architect shall maintain all Department records, including all acts and decisions. K. The Village Architect shall prepare periodic reports of departmental activity for presentation to the Village Board. L. The Village Architect shall have all the powers and duties of the Buildii assume the duties, from time to time, of Building Inspector and Building Compliance Officer. § 19D-8. Compensation of Village Architect aMd insTPectors. Compensation for the Village Architect and inspectors shall be fixed from time to time by the Boai'd of Trustees or as prescribed by law. �§ 19D-9. Divisions; Office Administration. There shall be within the Department of Architecture, Land Use Development, buildings and Building Compliance, the following divisions: A. Fire Safety Division. The Fire Safety Division shall be responsible for the enforcement of all laws and ordinances covering the prevention of fire; the storage and use of explosives and inflammables; the installation and maintenance of automatic and other private fire alarm systems and fire extinguishing equipment; the maintenance and regulation of fire escapes; the means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, and all other places in which numbers of people are employed, live or congregate from time to time, for any purpose; the investigation of the cause, origin and circumstances of fires. In these endeavors, the Fire Inspector may employ as necessary the advice and assistance of the Fire Department of the Village. B. Building Inspection Division. The Building Inspection Division shall be responsible for the enforcement of the New York State Building Code; the Zoning Code of the Village and the local laws and ordinances of the Village. The Building Inspection Division shall also include other functions incidental to the Building Department, including, but not limited to, Plumbing Inspector, Electrical Inspector and Sanitation Inspector. C. Building Compliance Division. The Building Compliance Division shall be responsible for the enforcement of local laws and ordinances of the Village. § 19D-10. Absence or Inability of Village Architect. In the absence or inability of the Village Architect to perform his duties, the Village Board may designate a person to fill the position of the Village Architect for the period of absence or inability to serve. In a case of emergency, the position may be filled by the Village Administrator with the advice and consent of the Mayor of the Village of Sleepy Hollow. In no event shall said designation be longer than six (6) months. § 19D-11. Appointment of Employees. All employees of the Department of Architecture, Land Use, Buildings and Building Compliance shall be appointed by the Mayor with the concurrence of the Village Board and shall hold their position at the pleasure of the Village Board, provided, however, that any employee in a classified civil service position may be appointed and/or removed only in accordance with applicable civil service law and /of the terms of an applicable collective bargaining agreement, if any. "Employee" as used here shall not include the Village Architect. �§ X9D-12. Transfer of Employees^ The Mayor, with concurrence of the Village Board, may transfer any employee of the Department herein, from one division or office thereof to another division or office thereof, and such transfer may be on either a temporary or a permanent basis, provided, however, that the salary of such employee shall be reduced only in conjunction with any diminution of job responsibilities, and only in accordance with applicable civil service law and / or the terms of an applicable collective bargaining agreement, if any. In the event of an emergency designated as such by the Village Administrator, an employee may be transferred to a higher pay scale for the period of the emergency and paid at the classification for the higher pay scale. § 19D-13. Powers of Village Architect; Employees. Nothing contained herein shall vest in the Village Architect the right to discipline employees. The right to discipline any employee is vested in the Mayor and the Village Board, in their sole discretion. The Village Architect may recommend to the Mayor and Village Board, from time to time, as he believes will best assist in the administration of his Department, the discipline of any employee subject to applicable civil service law and/or the tems of an applicable collective bargaining agreement, if any. At all times, the Village Architect will assist the Mayor and the Board of Trustees, as they may need, in the discipline of Department employees. § 19D-14. Existing Departments, Districts, Employees. All property, equipment and budgetary appropriations of, or for, the Department of Fire and Life Safety are hereby transferred to the Department of Architecture, Land Use, Buildings and Building Compliance. The employees of the Department of Fire and Life Safety shall be continued as employees of the Department of Architecture, Land Use, Buildings and Building Compliance with the same classification, salary, benefits, pensions and retirement rights and privileges as tliey had immediately prior to such transfer, except to the extent their duties and responsibilities are otherwise reduced, provided, however, that nothing herein contained shall be constmed to deprive the Village Board of any power it now has> or may have under this chapter or otherwise, with respect to the hiring, firing, disciplining and fixing of salaries of such employees. § 19D--15. Laws modified or superceded. This local law shall modify and supercede Chapter 19D "Fire and Life Safety, Department o f of the Village Code of Sleepy Hollow, previously adopted as Local Law 2-2000 on June 13, 2000. All ordinances, local laws or resolutions or parts of ordinances, local laws or resolutions of the Village of Sleepy Hollow inconsistent with the provisions of this local law are hereby repealed, provided, however, that such repeal shall relate solely to the extent of such inconsistency and that in all respects this local law shall be in addition to other legislation regulating and governing the subject matter covered by this local law. �§ 19D-16. Severability. If any provision of this local law or application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this local law or the application thereof to other persons and circumstances. § 19D-17. When effective. This local law shall take effect in the time provided for by law. �NEW YORK STATE DEPARTMENT OF STATE Local Law Filing {Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not Include matter being eliminated and do not use italics or underlining to indicate new matter. • • County City ^^ VILLAGE OF SLEEPY HOLLOW, NY • Town m Village ~~ Local Law No. A local law i of the year 20 CHAPTER 30 A - HOUSING STANDARDS (Insert Title) Beitenactedbythe BOARD OF TRUSTEES- of the (Name of Legislative Body} • • County City ^^ • D Town Village V I L U G E OF SLEEPY HOLLOW, NY a s fnllnwsr SEE ATTACHED AMENDMENT (If additional space Is needed, attach pages the same size as this sheet, and number each.) �(Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. {Final adoption by local legislative body only.) ^ i\ I hereby certify that the local law annexed hereto, designated as local law No. ^ ^ the (CQunty)(City){Town)(Village) of viiiage of Sleepy Hollow NY 10591 Board of Trustees on March 23 90 l ? (Name of Legislative Body) provisions of law. of 20 J® of was duly passed by the in accordance with the applicable (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 in accordance w Ith the applicable provisions of law. 2. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(Clty)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the of was duly passed by the on 20 .and was {approved)( not approved) on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera!) (specia!)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Viltage) of (Name of Legislative Body) of was duly passed by the on (repassed after disapproval) by the 20 , and v^^as (approved)(not approved) on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * , In accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairpei^on of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the loca! iaw annexed hereto, designated as locai law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of "he Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .lereon at the (specia!)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter,) I hereby certify that the local law annexed hereto, designated as local law No ' of 20 of the County of State of New York, having been submitted to the electors at the General Election of 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having November received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) } further certify that I have compared the preceding local iaw with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local was finally adopted in the manner indicated in paragraph J above. Clerk of the county iegisiatiVe body, City Town or Village Cierk or officer designated by local legislative body (Seal) Date: H ^ ^ ^ ^ ^ ^ ^ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK ^OUNTYOF 1, the undersigned, hereby certify that the foregoing loca! iaw contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County Clty^^ Village of Sleepy Hollow Town Village Date: APRIL 20, 2010 �Chapter 30A HOUSING STANDARDS § 30A-15. Admmistration and enforcemeEt of provisioas. A. The Departmeat of Architecture, Land Use Development. Buildings and Building Compliance of the Village of North Tarn1:ov\TL Sleepy Hollow, by its chief executive, is hereby designated responsible for administering and enforcing the provisions of this chapter. Such department or agency is hereinafter referred to as "the Department." B. Within the Department, the chief investigative officer for the purpose of administering this chapter shall be referred to as "the Building Inspector" and shall be under the direction and supervision of the chief executive officer and the Building Inspector of the Village of North Tarrytown. C. The chief executive officer may also delegate, hire or contract with any person, form or body to supplement or assist the Building Inspector, subject, however, to the approval of the local governing board. § 30A-16. Personnel. A. Persormel qualifications. Personnel of this Department shall be qualified and appointed as prescribed by local law and may be furnished with appropriate official badges, identification cards, or both. B. Administrative liability. Any personnel of this Department shall be free from personal liability for acts done in good faith in the performance of official duties. Further, personnel shall not be held liable for any costs in any action, suit or proceeding that may be instituted by such person on the enforcement of this chapter, In any of these actions, the personnel shall be defended or represented by the Municipal Attorney, until the final termination of the proceedings. § 30A-17. Rules and regulations. The Department is empowered to adopt, revise, amend and enforce rules and regulations necessary for securing compli^ce with this chapter, and for its q,wn organization and internal management, such rules and regulations shall not be in conflict with this chapter or with any provision of law. § 30A-18. Official records. An official record shall be dept of all activities of the Department specified in the provisions of this chapter, and all such records shall be available for public inspection at �appropriate times and under reasonable regulations established by the Building Inspector to maintain the security and integrity of such records. § 30A-19. Duties of Department. It shall be the duty of the Department to: A. Suggest amendments to this chapter as axe necessary to bring it up-to-date, when local needs dictate. B. Cause inspections to be made of premises within the scope of this chapter. C. Cause an investigation of complaints of alleged violations of this chapter. D. Develop a system of records, inspection forms, form letters and controls for properly carrying out departmental activities, E. Issue written orders for the elimination of conditions in violation of this chapter, and, where appropriate, order the cessation of an unlawful use or nuisance or the vacation, demolition or repair of premises found dangerous or unsafe, and to state in the violation order a reasonable time limit for compliance herewith and the time within which an appeal may be made. F. Initiate techniques that will encourage and assist owners to voluntarily bring their property up to the standards of this chapter. G. Request the Municipal Attorney to take appropriate legal action upon failure to comply with a violation notice or notices, H. Require independent inspections and tests of equipment and systems used in connection with premises. I. Cooperate with other public and private agencies engaged in the study and improvement of housing and environmental conditions. J. Carry out any additional activities necessary to administer and achieve compliance with this chapter. § 30A"20» Registration pf ownership of multiple dw^eilings. Every owner of a multiple dwelling shall file with the Department the following current information: A. The name, address and telephone number of the owner. �B. The corporate name and names, titles, addresses and telephone numbers of the responsible officers of the corporation if the building is owned by a corporation. C. The name, address and telephone number of a local responsible person over twentyone (21) years old, residing or doing business in the municipality, who shall be responsible for the care and management of such dwelling and is authorized to accept legal process on behalf of the owner when the owner lives or is out of the municipality limits. D. The name, address and telephone number of the new owner within forty-eight (48) hours after having sold or otherwise disposed of ownership in said dwelling. E. Any other changes applicable to owner registration. § 30A~21. Name of owner and agent to be posted. Every owner of a multiple dwelling shall post, in a conspicuous place in such dwelling, the name, address and telephone number of a local responsible person over twenty-one (21) years old residing in or doing business in the municipality, who shall be responsible for the care and management of such dwelling when the owner lives or is out of the municipal limits. Except when it is necessary to replace this information, no person shall remove, mutilate, destroy or obliterate any such sign or the lettering thereon. §30A-22. Inspection; re-inspection. The Department is authorized to develop, adopt and carry out plans for the inspection and re-inspection of all premises in order to safeguard the safety, health and welfare of the public, subject to the provisions of this chapter. § 30A-23. Right of entry. The Building Inspector and the assistant building inspectors shall be authorized to enter any structure or premises at any reasonable time, upon display of proper identification, for the purpose of making inspections under this chapter. A. If admission is refused or caimot be obtained from the owner, occupant or operator of a residential structure, the Building Inspector and the assistant building inspectors shall be authorized to obtain a search warrant to make an inspection provided that reasonable or probable cause is s|iown. B. In case of an emergency, the Building Inspector and the assistant building inspectors may, without a search warrant, enter any premises or parts of premises to inspect at any time, without the permission of the owner, occupant or operator. § 30A-24. Access by owner or operator. �Every occupant of a residential structure or premises shall give the owner or operator thereof or his agent or employee access to any part of such structure or its premises at reasonable times and in emergencies at any time for the piirpose of making necessary inspections, repairs or alterations as to comply with the provisions of this chapter. § 30A-25. Violations; classification. At Whenever the Department fmds that there has been a violation of any provisions of this chapter or of any rule or regulation adopted pursuant thereto, the following procedures Department shall be available: A^ Issue a violation notice to the person or persons responsible. The Department shall also issue a violation notice to the person or persons responsible for failure to register the ownership of the premises, for furnishing of a false statement or for interference with the inspector authorized to enter the premises, or when a structure or premises is found to be dangerous or unsafe. Once a violation is issued, it may be classified as either nonhazardous or hazardous and be given specific time for correction based on the classification of the violation. B. Issue an Appearance Ticket. The Building Inspector and each Inspector are authorized to issue appearance tickets for any violation of tliis Code. Every appearance ticket that is issued, pui'suant to the provisions of this chapter, shall include the following: (1) (2) (3) (4) (5) (6) § 30A-26. The name and address of the partyfs) to whom the ticket is issued, when known. The appropriate sectionfs) allegedly violated. The place and date of the alleged violationrs). The place, date and time that the party(s) is (are) required to appear in court. The date of issuance of the appearance ticketfs). The title and signature of the issuing officerfs). Notice of violation. Such notice shall be in writing and shall: A. Identify the premises. B. Specify the chapter violation and may specify remedial action to be taken. C. Provide a time limit for compliance of no less than fifteen (15) days from the date of the mailing of the notice in the case of nonhazardous violations. D. State the time within which an appeal may be made. E. If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include a statement that if the violation is not remedied within the time limit �specified in the notice, the Department may remedy the violation pursuant to -§•§ 30A33 and 30A~34. § 30A-27. Service of notice. Notice of violation shall be served as follows: A. By personal service; B. By registered or certified mail to the person whose name and address has been filed with this Department in accordance with this chapter and, if desired, to the occupant of a copy of such notice; C. If the current name and address of the person upon whom an order may be served is not on file or if such person refuses acceptance of such service or of registered or certified mail,"by posting a copy to the premises, addressed to the owner, lessor or his respective agent; or D. By regular mail. § 30A-28. Failure to comply upon remspection. If, upon reinspection, the alleged violation is determined by the Building Inspector not to have been corrected, the Building inspector may: A. Require a meeting with the property owner or violator to determine why the notice was not honored; or B. File an information or accusation of instrument with the Court Clerk to seek a remedy in the courts. § 30A-29, Notice of violation to be recorded. Whenever a notice or order has been issued for any infraction of this chapter, the Building Inspector shall keep on file a copy of such notice or order in the Department. This recording shall constitute notice of such violation, infraction or order to any subsequent purchaser, grantee, mortgagee or lessee or the property affected thereby. § 30A-30. Civil penaltj^. A. A person who violates any requirement of this chapter or any order of the Department shall be subject to a cumulative civil penalty, in the court's discretion, of not less than two hundred fifty dollars ($250.) nor more than one thousandfive hundred dollars ($L500.) per day for each separate violation form the date set for correction in the notice of violation until the violation is corrected. Such penalty shall increase to not less than five hundred dollars r$50Q.) nor more than two �thousand- five hundred dollais ($2500.) per day for a second or subsequent violation. This penalty shall be paid forthwith by the violator. If such payment is not immediately made, it may be collected by the Department by action against the owner or his agent. A civil suit to collect said penalty may be commenced in any court of competent jurisdiction. In addition to the fine, the Comt may impose a oneyear conditional discharge requiring the defendant to permit access to the Department to reinspect the premises from time to time during the period of the conditional discharge. B. The Department may bring a civil suit in any court having jurisdiction of the amount claimed for the recovery of civil penalties, together with costs and disbursements. If the court fmds, upon a showing by the defendant, that sufficient mitigating circumstances exist, it may remit all or part of the accumulated civil penalties arising from the violation with respect to which such a showing was made. C. When the Department obtains a judgment in an action under this chapter either against an order or his agent, in addition to the appropriate methods of enforcement for judgments established in the Civil Practice Law and Rules, such judgment for penalties shall constitute a lien and shall be filed within one (1) year from the entry of judgment and may be enforced against the premises and upon the rents and compensation due or then maturing for any rents or compensation without further proceedings. §30A-31. Crimmal penalty. A. Any person who willfully or recklessly violates any provision of this chapter or fails to comply with any requirement of an order of the Department; or of the Board of appeals, or makes or causes any other person to make any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this chapter or any other action by the Department pursuant to this chapter shall be guilty of a misdemeanor punishable by a fme not exceeding five hundred dollars ($500.) tliree thousand dollars ($3.000.) for each violation, or by imprisonment of up to one (1) year, or by both such fine and imprisonment. Every day the violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate violation. B. To support a finding of willful violation, evidence that the defendant had knowledge or notit^e of the violation and failed to cop-ect the same for more than one hundred twenty (120) days shall be sufficient. This shall not, however, limit the introduction of other evidence or the fmding of willful violation on other grounds. C. A person commits a willful violation when that person's action or failure to act results in a condition constituting a violation of this chapter which will or is likely to endanger the life, health or safety of another person. �§30A-32. Injunctive relief. In addition to, or in lieu of, the civil and criminal penalties provided herein, any person may be prevented from violating the provisions of this chapter by the Department's seeking injunctive relief on the manner provided by law. §30A~33. Dangerous structures. A. If all or part of aay structure or the equipment for operation, including, among others, the heating plant, plumbing, electric, wiring, stairways, elevator and fire protection equipment, shall be found by the Building Inspector with concurrence of the chief executive of North Tarr>town to have significant defects hereinafter described, it shall be deemed a dangerous structure. B. A dangerous structure shall include: (1) One which is so damaged, decayed, dilapidated, unsanitary, difficult to heat, structurally unsafe or vermin infested that it creates a hazard to the safety or welfare of the occupants or to the public or which contains lead-based paint that is dangerous or likely to become dangerous to the health of small children; (2) One which lacks illumination, ventilation or sanitary facilities adequate to protect the safety or welfare of the occupants or to the public; (3) One which, because of its general condition or location, is unsanitary or otherwise dangerous to the safety or welfare to the occupants or to the public; (4) One which is so overcrowded with occupants that it constitutes a public nuisance or is a health hazard to its occupants; (5) One which is in a state of dilapidation, deterioration or decay; faulty construction such that the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or the deterioration, decay or inadequacy of its foundation or other similar cause is likely to partially or completely collapse the structure; (6) One in wljich the exterior and interior walls or other vertical members lean, buckle or twist to such an extent as to endanger life, limb and property; (7) One in which is being used in such a manner and condition to constitute a public nuisance; (8) One which is vacant, open to trespass, unoccupied and an attractive �nuisance to anyone on or near the premises, thereby endangering life, health and property; or (9) One which has been damaged by fire, wind or other causes so as to no longer provide shelter from the elements and has become or threatens to become dangerous to life, safety or the general health and welfare of anyone on or near the premises. §30A-34. Condemnation of unfit dwelling unit or structure. A. Notice. Whenever the Building Inspector and the chief executive of >Iorii Tarr>town detennines that a structure or dwelling unit is dangerous and unfit for hiiman habitation, the Building Inspector shall give notice to the owner of condemnation and of his intent to placard and vacate the structure or dwelling unit, if compliance with the provisions of the notice of condemnation is not secured. Any person affected by any such notice may request and shall be granted a hearing on the matter before the Building Inspector or the Board of Appeals. B. Placardnig. The Building Inspector or the assistant building inspectors shall post in a conspicuous place on the affected dwelling unit or structure a placard bearing the words "Condemned as Unfit for Human Habitation THIS-BUILDING IS UNSAPE AND ITS OCCUPANCY AND USE HAS BEEN PROHIBITED." C. Vacating. Any dwelling unit or structure which has been condemned as unfit for habitation shall be vacated within a reasonable time as required by the Building Inspector and shall not be used for human habitation again until written approval is secured from the Building Inspector. The owner or operator of such unit or structure shall make such unit or structure safe and secure in whatever manner the Building Inspector shall deem necessary. Any vacant building, open at doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance. D. Order to disconnect utilities. Whenever any dwelling unit or structure has been placarded and vacated, the Department shall order services and utilities to be turned off or disconnected and all utility meters to be removed. E. Order to make repairs or demolish. Whenever the Building Inspector, with for human habitation, unsafe to the community in its vacant state and detennines that the cost necessary to correct the violation is not reaso;iiably related to the value of the building, the Building Inspector shall order the demolition of the structure. A copy of such notice shall be served on the owner and copies sent to other agencies, mcluding the Police and Fire Department. The owner may demolish such structure, convert the structure into another use, rehabilitate the structure or correct the violation regardless of cost, provided that the requirements of this chapter and of the Building Code in effect at the time of attempted compliance are satisfied. �F. Department to make repairs or demolish. Whenever a notice or order to remove a violation, secure, vacate or demolish a building has not been complied with, and when such failure to comply is deemed by the Building Inspector and chie^^j^cutiva of North Tarrytown to constitute a danger to the tenants and the community, the Building Inspector may proceed to have the building demolished, repaired, rehabilitated, converted, altered, secured, vacated or take such action as is necessary to abate the nuisance, Abatement authorized by the provision shall not commence until at least ten (10) days after service of such notice. Such procedures and recovery of expenses shall be served as provided in § 30A-35, Emergency repair program, and work shall be completed within the time specified by the Building Inspector. § 30A-35. Emergency repair program. A. Power to act m emergencies. Whenever the Building Inspector finds that a violation of this chapter exists which, in his opinion and with concurrence to the chief executive officer of North Tarrytown, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of a building or of the public, the Building Inspector may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any other provision of this chapter, such an order shall be effective irnmed^^ and shall be complied with immediately or as otherwise provided. Emergencies include but are not limited to: (1) Failure to supply utilities, such as heat, water, light and gas; (2) Inability to drain the waste system; (3) Large amounts of falling plaster condition; (4) Extreme overgrowth of noxious weeds; (5) Infestation of rats and other disease-bearing rodents and insects; (6) Stormwater flooding or similar condition which endangers the operability of the affected premises; or (7) Any condition listed in § 30A-33. Dangerous structures. p p B. Abatement of hazards in emergencies. Whenever any violation of this chapter which requires immediate action has not been corrected by such person in the time specified by the order issued, the Building Inspector may take such direct action as is necessary to abate the hazard or danger, including but not limited to the repair of the condition, the provision of services, the provision of materials necessary to abate the condition or the demolition of the property. �C. Recovery of expenses. The expenses incurred by the Department in abating hazardous or dangerous conditions, as provided above, shall be paid to the Department by such person. The Building Inspector shall file among his records an affidavit stating, with fairness and accuracy, the items of expense and the date of execution of actions authorized under this chapter. Upon failure of said person to pay the cost of such repairs or improvements or demolition, the Building Inspector may institute a suit in the name of the municipality to recover such expenses against any persons liable for such expenses or may cause such expenses to be charged and assessed against the property as a lien when the owner is the willful violator. If such expenses are not paid within ten (10) days after demand, the amount thereof shall be added to and become part of the taxes next to be assessed and levied upon said premises and shall be collected and enforced in the same manner as taxes. § 30A-36. Structures imposing serious risk to remedies for compliance. Certain structures impose a serious and immediate risk to public health, safety and welfare. Such structures are of such age and condition or have such a histoiy of violations of minimum housing standards that they may contain harmful or potentially harmful conditions which threaten the health, safety and welfare of the occupants or the public. It is therefore in the public interest to authorize the use of special code enforcement remedies in these cases. § 30A-37. Code enforcement remedies. A. In such cases as described in §30A-36 above, the following remedial measures may be authorized: the Department is authorized to require information regarding, but not limited to tenant turnover, vacancies, maintenance costs and mortgage indebtedness, status of tax indebtedness and any other infoimation required by the authorities to assist in the early identification of problem conditions and buildings. B. In addition, the Department may require that a building registration perniit be obtained as a condition to the continued occupancy of a multiple dwelling. Such permit shall be subject to revocation or modification. The Department may charge a fee for the registration of a multiple dwelling and the issuance of a building registration permit. The fee must bear a reasonable relationship to the cost to the Department of administering these requirements. C. Certificates of occupancy for individual units. Upon termination of the occupancy of a dwelling unit in such a district, an inspection shall be made to determine whether the unit contains phapter violations which are, or are |ikely to become, dangerous to health, life or safety. If such conditions exist, the owner shall be prohibited from renting such unit until he obtams a certificate from the Department which certifies that the violating conditions have been removed and that the unit no longer contains conditions that are dangerous or likely to become dangerous to life, health or safety. To enforce this requirement, an owner must notify the Department whenever a unit is vacated. �D. Evictions of occupants for chapter violations. (1) Owners are prohibited from evicting occupants when such evictions are substantially motivated by an owner's desire to retaliate against an occupant's good-faith complaint to the Department regarding violations of this chapter. (2) Whenever an owner whishes to evict a tenant, for whatever reason, the owner shall first obtain a certificate of eviction from the Department, The certificate may be requested by the owner, in writing, by teleph6ne or in person, directly for the Building Inspector, who shall keep a separate record of all such request. If a certificate is not issued or denied within two (2) full working days following the day of the request, the owner may proceed with his eviction proceeding, unless his action or failure to cooperate has delayed action regarding the certificate. (3) Upon receiving a request for a certification of eviction, the Building Inspector shall immediately cause an inspection of the subject promises. If the inspection reveals serious violations of this chapter which have not been caused or substantially contributed to by the occupant, the certificate shall be denied. If the inspection reveals that serious chapter violations exist which have been caused or substantially contributed to by the tenant, the inspection report shall be filed by the Department in court as part of the record in the owner's proceeding to evict he tenant. The court shall make a final decision, Occupants who believe that evictions, rent increases or reduction in service are substantially motivated by an owner's desire to retaliate against their good-faith report of chapter violations to the Department shall be afforded a hearing on the matter before the Building Inspector or the Board of Appeals at their option. E. Deposits by owners for emergency repairs. (1) Whenever the Department is required to perform the emergency measures pursuant to §30A-35 of this chapter, it may pay for those measures through an Emergency Repair Fund. Owners of multiple dwellings within such districts shall be required to deposit five hundred dollars ($500.) per dwelling unit with an interest-bearing escrow account maintained by the Department in such an Emergency Repair Fund for the purpose of making emergency repairs. The deposit shall be required upon the owner's filing of his first registration statement. Upon the transfer of ownership of the subject premises, the deposit shall be transferred by the Department to the new owner's account upon the filing of a regisjration statement by that owner. Interest ^ccrued on the deposited ftmds shall accumulate in the account and be available for the purpose of this subsection. (2) The owner of the premises ki regard to which such measures were taken shall be required to reimburse the account for the cost of the measures, includiag interest lost from the date of withdrawal. A per diem fine may be levied against owners �who fail to reimburse the account or who fail to post a bond guaranteeing reimbursement. F. Rent escrow accounts. Whenever an owner of a multiple dwelling repeatedly fails to comply with orders to correct chapter violations regarding building conditions which are likely to become dangerous to the life, health or safety of the occupant or the of North Tarrytown, tlie occupants to deposit their rent in a separate escrow account administered by the Department, Withdrawals from the account shall be made by the Department to cover the costs of abating the conditions. All remaining rents shall be returned promptly to the owner. G. Occupant nuisance. Part of the responsibility for the care and upkeep of a dwelling unit shall rest with the occupant. Occupants shall be liable if serious violations are caused by their own willful act or negligence, such as improper refuse disposal, improper and destructive acts, physical destruction or inadequately maintained living space. The Department shall act to discourage or penalize occupants who cause or substantially contribute to violations of this chapter. A system of orders, hearings and citations shall be developed with sanctions that include orders to abate fmes and violation reports which can be filed in court in support of an owner's petition to evict the occupant. Before using these sanctions, the Department shall make a good-faith attempt to provide or obtain supportive services and counseling for the occupants that are designed to prevent the occupants form causing or contributing to violations of this chapter. ��NEW Y O R K STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to Indicate new matter. • • County City ^^ VILLAGE OF SLEEPY HOLLOW, NY • Town m Village Local Law No. A local law 1 of the year 20 1 5 ^^^APTER 32 - ILLEGAL RESIDENTIAL OCCUPANCIES AND OVERCROWDING (Insert Title) " IN DWELLINGS Beitenactedbythe BOARD OF TRUSTEES l-^yfgnie ofZegisbtive Body) • County Q City • Town VILLAGE OF S L E E P Y HOLLOW, NY ^^^^^ " ' as follows: m village S E E ATTACHED AMENDMENT (If additional space Is needed, attach pages the same size as this sheet, and number each.) �(Complete the certification in the paragraph that applies to the ^iing of this local law and strike out that which is not applicable.) 1. {Final adoption by local legislative body only.) « ^ I hereby certify that the local law annexed hereto, designated as iocal law No. ^ ^ the {County){City)(Town){ViIlage) of village of Sleepy Hollow NY 10591 Board of Trustees on March 23 20 15 (Name of Legislative Body) provisions of law. of 20 'iO of was duly passed by the in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the ^ and was deemed duly adopted (Elective Chief Executive Officer*) on ^20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the of was duly passed by the on 20 , and was (approved)( not approved) nn 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permisslve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (spec!al)(annual) election held on 20 ^ in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Vi!lage) of (Name of Legislative Body) of was duly passed by the on (repassed after disapproval) by the 20 and was (approved)(not approved) on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a tovm where such officer is vested with the power to approve or veto local laws or ordinances. �5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of 'le Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .nereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affimnatlve vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local l a w r ^ d was finally adopted in the manjjerindlcated in paragraph J , above. Clerk bf the county legislative body, City, Town or officer designated by local legislative body (Seal) Date: ^ 0 1 ^ or ^ 0 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK -OUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that alt proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City^^ Village of Sleepy Hollow Town Village Pg^g. APRIL 20, 2010 �Chapter 32 ILLEGAL RESIDENTIAL OCCUPANCIES AND OVERCROWDING IN DWELLINGS Local LawNo. XXof2010 Be it enacted by the Board of Trustees of the Village of Sleepy Hollow, in the Connty of Westchester, as follows; § 32-1. Prosecutions for illegal residential occupancies and overcrowding in dwellings. A. In all civil and criminal prosecutions brought for the enforcement of this Code's provisions with respect to the illegal use of any building for residentid purposes or the illegal residential occupancy of any dwelling or dwelling unit by more families than the number of families permitted for such dwelling or dwelling unit under this Code, the following rebuttable presumptions shall apply: (1) That any detached dwelling or dwelling unit which maintains more than one mailbox or mail receptacle, more than one gas meter, more than one electric meter, and/or more than one water meter is being used as the residence of two or more families. (2) That any detached dwelling or dwelling unit which maintains more than two mailboxes or mail receptacles, more than two gas meters, more than two electric meters and/or more than two water meters is being used as the residence of three or more families. (3) That any detached dwelling or dwelling unit which maintains any entrance or entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, is being used as the residence of two or more families. (4) That any detached dwelling or dwelling unit which maintains any third or additional entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, is being used as the residence �of three or more families. (5) That any building which has been advertised in any newspapers, magazines, or advertising publications as being available for sale or rent for residential purposes, in whole or in part, which advertisement expressly or implicitly provides that such building or the dwellings or dwelling units therein contain rooms for rent, contain more than one separate dwelling living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the nimiber of rooms for rent, dwelling units, or families stated or implied in such advertisement. (6) That any dwelling or dwelling unit which maintains two or more doorbells is being used as a dwelling for the same number of families as there are doorbells. (7) That any single-family dwelling or dwelling unit at which there are the following is being used for two or more families: (a) Permanent partitions or internal doors which have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit; and/or (b) Two or more kitchens which have not been set forth on any plans approved by and on file with, the Department of Architecture, Land Use Development, Buildings and Building Compliance, each containing one or more of the following: a range, oven, microwave, or other similar device customarily used for cooking or preparation of foods. (8) That any two-family dwelling- units at which there are the following is being used for three or more families: �(a) Permanent partitions or internal doors which have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, which may serve to bar access between three or more segregated portions of the dwelling, including but not limited to bedrooms; and/or (b) Three or more kitchens which have not been set forth on any plans approved by and on file with the Department of Architecture, Land Use Development, Buildings and Building Compliance, each containing one or more of the following: a range, oven, microwave, or other similar device customarily used for cooking or preparation of foods. B. The rebuttal of the aforesaid presumptions shall be an affirmative defense by the defendant that, notwithstanding the existence of such conditions, once such conditions have proven to the court, the subject building is not being used as a dwelling or the subject dwelling is not being used for more families than permitted under the Village's Zoning Code. C. A person charged with a violation of this Code as described herein may demand an inspection by the Department of Architecture, Land Use Development, Bxxildings and Building Compliance of the subject building or dwelling to rebut such presumption. Such demand shall be in writing addressed to the Department of Architecture, Land Use Development, Buildings and Building Compliance. The Department inspector shall prepare a report of the findings of the inspection together with photographs, if appropriate. § 32-2. Penalties for offenses, A. Notwithstanding any provision of this Code inconsistent herewith, for each code violation involving an illegal residential occupancy or an over-occupancy of a dwelling or dwelling unit, the owner and any person who is in charge of the subject building, dwelling, or dwelling unit at the time of the violation shall be liable to a fine of not less than one thousand dollars ($LQQO.) nor more than three thousand five hundred dollars ($3,500.) and not4ess-#ian one thousand dollars ($1,000.) for the first violation; for a second and any subsequent violation, the fine shall be not less than five thousand dollars ($5,000.) nor more than seven thousand five hundred dollars ($7..50Q.) B. Each day that a violation continues to exist shall constitute a separate and distinct �violation. ��NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use Italics or underlining to indicate new matter. • • County City ^^ VILLAGE OF S L E E P Y HOLLOW, NY • il Town, Village Local Law No. A local law A of the year 20 CHAPTER 62 - ZONING CODE (Insert We) Be it enacted by the BOARD OF TRUSTEES Of the (Name of Legislatm Body) • • County City ^^ VILLAGE OF S L E E P Y HOLLOW. NY • m Town Village as follows: S E E ATTACHED AMENDMENT (If additional space is needed, attach pages the same size as this sheet, and number each.) �(Complete the certification In the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only,) ^/ I hereby certify that the local law annexed hereto, designated as local law No. * ^ the (County)(City)(Town)(Vi!lage) of village of Sleepy Hollow NY 10591 Board of Trustees on March 23 20 (Name of Legislative Body) provisions of law. of 20 JL2 of was duly passed by the , in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 .andwas(approved)(notapproved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Eiective Chief Executive Officer*) on 20 , in accordance w jth the applicable provisions of law. 3. (Final adoption by referendum.) i hereby certify that the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of (Name of Legislative Body) (repassed after disapproval) by the of was duly passed by the on 20 .and was (approved)( not approved) on 20 (Elective Ctiief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permisslve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special){annua!) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby certify ^ a t the local law annexed hereto, designated as local law No. of 20 the (County)(City)(Town)(Village) of was duly passed by the on (Name of Legislative Body) of (repassed after disapproval) by the 20 , and was (approved)(not approved) on 20 Such local . (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 * , in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. �5. (City local law concerning Charter revision proposed by petition.) ! hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of he Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .nereon at the {special)(general) election heid on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the locai law annexed hereto, designated as loca! law No. of 20 of the County of State of New Yor)<, having been submitted to the electors at the General Election of N o v e m b e r _ _ _ _ _ _ Pn pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative, (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same Is a correct transcript therefrom and of the whole of such original local lav^nd^was finally adopted in the mannerjiidicated in paragraph J above. ^ ^ ^ W X ^ ^ ^ " Clerk ofthe county legislate body, City, Town officer designated by locai legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK ^OUNTYOF I, the undersigned, hereby certify that the foregoing loca! law contains the correct text and that all proper proceedings have been had or taken for the enactment of the loca! law annexed hereto. Signature Title County Clty^^ Village of Sleepy Hollow Towi Village Date: APRIL 20. 2010 �Chapter 62 ZONING ARTICLE IX AdministratioB FAmeaded X--X-X-2010; by LX. No. XXI § 62-32. Enforcement. This ordinance shall be enforced by the Building Inspector, who shall be appointed by the Village Board of Trustees. No building permit or certificate of occupancy shall be issued by him except where all provisions of this ordinance have been complied with. A. No other officer, board, agency, or employee of the Village of North Tarry1:own Sleepy Hollow shall issue, grant, or approve any permit, license, certificate or other authorization for any erection of any building, structure or for any use of any land or building. Any such permit, license, certificate or other authorization issued, granted or approved in violation of any provisions of this ordinance shall be null and void and of no effect, without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, license, certificate or authorization shall be unlawful, and no action shall be taken by any officer, board, agency or employee of the Village of North Tarrytown Sleepy Hollow, including the Board of Appeals, to validate any such violations. § 62-33. Building Inspector. A. Powers and duties. The Building Inspector is hereby given the duty, power and authority to enforce the provisions of this ordinance. He shall examine all applications for permits and shall issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this ordinance and for nonconforming uses and buildings existing at the time of passage of this ordinance. B. Records to be kept. The Building Inspector shall maintain files of all applications and plans to him and of all permits and certificates of occupancy issued by him and shall maintain records of all actions taken by him pursuant to such applications. He shall keep a record of every identifiable complaint of a violation of any of the provisions of this ordinance and of the action taken consequent on such complaint. C. Reports. The Building Inspector shall report to the governing body annually, summarizing for the period smce his last previous report all applications approved by him, all permits and certificates of occupancy issued by him and all complaints of violation made to him and the action taken by him thereon. A copy of each such report shall be filed with the Planning Board at the same time that it is filed with the governing �body. The Building Inspector shall also make such reports to the Board of Appeals and the Planning Board as may be required. § 62-34. Building Permits. [Amended 9-10-1973; 7-7-1987 by L.L. No. 7,1987: 6-16-1980 by L.L. No. 3, 1980: 7-3-1990 by L.L. No. 6, 1990: 7-7-1992 by L.L. No. 4,1992; 8-16-1994 by L.L. No. 11,1994] In addition to the requirements of $10-4 of tliis Code. Nno person shall erect, alter or convert any structure or building or part thereof, or alter the use of any land, subsequent to the adoption of this ordinance, until a building permit has been issued by the Building Inspector. A. The procedures and requirements for filing and obtaining a building permit shall conform to the requirements of $ 10-4 of this shall enable the Building Inspector to malce his determination Gtructure or use in terms of this ordinance. Such plans shall be drawn to scale and shall spaces, loading areas and provisions-for draina-ge; An application for a certificate of XtStST B. Display of permit. All building permits shall be issued in duplicate, and one (1) copy �operation has been displayed as required by this ordinance, nor shall they perform D. R Denial of permits. If the Building Inspector determines that the plans as submitted fail to satisfy the requirements of this ordinance, he shall refuse to issue a building permit. The applicant may then apply to the Board of Appeals for the reversal of the decision of the Building Inspector as provided in Article XI of this ordinance. ^ C. Revocation of permits. If it shall appear at any time to the Building Inspector that the application or accompanying plan is in any respect fails or misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Building Inspector. After the building permit has been revoked, the Building Inspector may in his discretion, before issuing a new building permit, require the applicant to file an indemnity bond in favor of the village, with sufficient surety conditioned for compliance with this ordinance and all laws and ordinances then, in force and in a sum to cover the cost of removing the structure if it does not so comply. XXropCtTttJIT G. As built plans. All plans approved by the Planning board shall be conGtructed, developed professional engineer, to be filed in the records of the Planning Board and the Village Building Inspectof^ �§ 62-35. Certificates of occupancy. A. Certificates of Compliaiice required. £1} No land shall be occupied or used and no building hereafter erected, altered or extended shall be occupied, used or changed in use in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector, stating that the structure or use complies with all the provisions of this ordinance. (2) OccupaacY or use after sale or transfer of any improved real property, including an individual condoioinium unit and an individual cooperative unit which, for the purposes of this section, shall be considered a piece of improved real property. Upon sale or transfer of any such real property, an updated certificate of occupancy, issued no earlier than 60- days before closing, shall be required before the premises or unit may be used or occupied. It shall be the obligation of the seller to apply for and obtain the updated certificate of occupancy unless the paities agree otherwise in their contract of sale. A. Application. A certificate of occupamcy shall be applied for at the same time-as-4h© B. The procedures aad requirements for filing and issuance of a certificate of occupancy shall conform to the requirements of ^ 10-7 of this Code and: (1) A certificate of occupaacy shall be issued within ten (10) days after the Building Inspector determines that the structure or use, as completed, is in full conformity with the provisions of this ordinance and other applicable codes and ordinances, including but not limited to the New York State Unifom Fire Prevention and Building Code, fire Prevention Code; Electrical Code, Plumbing Code, Sanitaiy Code and Housing Code.3 (2) Certificates of occupancy for nonconforming uses. A certificate of occupancy shall be issued, upon application and after inspection, to any nonconforming use which complies with the requirements of other applicable codes and ordinances. However, no nonconfomiing use shall be renewed, or extended, without a new certificate of occupancy therefor having been issued by the Building Inspector. D. Penalties for offenses. No prior written notice of violation or request to cure shall be required to enforce the provisions of $ 62-35 of tins ordinance. For any such violation, the owner, general agent or contractor of a building or premises or part thereof where �such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation shall be subject to a penalty of not less than five thousand dollars ($5.000.) nor more than ten thousand dollars ($10.000.) for the first day of each such violation and no less than one thousand dollars ($1.000.) nor more than five thousand dollars ($5.000.) for each and every day that any such violation continues thereafter to exist. In addition to the fines and penalties set forth herein, a party convicted of a violation of this chapter shall pay all costs and expenses incurred by the Village in determining such violation. �ARTICLE XII Violations and Penalties rAmeaded XXX by LX. No. XX. 2010] § 62-49. Complaints of violations. Any person may file a complaint if there is any reason to believe a violation of this ordinance exists. All such complaints must be in writing and shall be filed with the Building Inspector, who shall record such complaint and immediately investigate. Upon his becoming aware of any violation of any provision of this ordinance, the Building Inspector shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within such reasonable time as ^ e Building Inspector has specified in such notice, he shall institute such action as may be necessary to terminate the violation. § 62-50. Procedures for abatement of violations. In the event that any extended stxiicture is erected, altered, repaired, or any structure or property is used in violation of this ordinance, the Building Inspector, in addition to other remedies, may institxite any appropriate legal action or proceedings in accordance with §10-15 of tliis Code, to prevent such unlawful construction, alteration or repair, or abate such violation and to prevent the occupancy and use of said structure or land. § 62-51. Penalties. [Amended 9-184990 by L.L. No.ll, 1991] It shall be the duty of the Building Inspector to strictly enforce all of the provisions of this ordinance. The general agent, architect, builder, contractor, owner or tenant or any other person who commits, takes or assists in any violation of this ordinance or who maintains any building or premises in which any violation of this ordinance shall exist shall, for each and every day that such violation continues, be subject to a fkj^ civil penalty of not less than two hundred fifty dollars ($250.), nor more than one thousand five hundred dollars ($1.500.1 which Fme shall be increased to not less than five hundred dollars ($500.) nor more than two thousand five hundred dollar's ($2.500.) for subsequent violations. sad-tThe collection thereof shall be prosecuted in the manner prescribed by law or ordinance in the Village of North Taxr>1:owR Sleepy Hollow. �WHEREAS, the Board of Trustees is desirous of retaining professional expertise regarding the planning, construction and installation of a water tower which will increase the capability of the Village to store water for use by its residents; and WHEREAS, it has been mandated by the County of Westchester for the Village to construct such a tower; and WHEREAS, the Board of Trustees has reviewed the qualifications of professional firms who perform this type of work, NOW, THEREFORE, BE IT RESOLVED the Board of Trustees hereby engages the firm of Creative Visuals Inc., and Virtually Real Inc., for the drawings of renderings of a water tower. Compensation for said work shall not exceed $5,000.00 for these services. Moved: Trustee Schroedel Seconded: Trustee Campbell Vote: 6-0 �Wow therefore, be it resolved the Board of Trustees hereby schedules a public hearing be held at 7 pm, on Tuesday, April 2010 at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York to hear and consider comments from members of the public regarding the 2010-2011 Tentative budget Village Hall is accessible to the handicapped. Moved: Trustee Campbell Seconded: Trustee Capossela Vote: 6-0 �Resolution of the Board of Trustees of the Village of Sleepy Hollow Accepting the Resignation of Diane Jacobson WHEREAS, Ms. Diane Jacobson was appointed by the Village as its Treasurer; WHEREAS, Ms. Diane Jacobson has resigned her position as Treasurer, and WHEREAS, the Village wishes to ensure a smooth transition in its Department of Finance; NOW, THEREFORE, BE IT RESOLVED, that the Village Trustees accept Ms. Jacobson's resignation and authorizes the Mayor to execute an agreement with Ms. Jacobson regarding her separation from the village's employ, and BE IT FURTHER RESOLVED, that Anthony Giaccio is hereby appointed Acting Village Treasurer until a permanent Treasurer is appointed. Moved: Trustee Campbell Seconded: Trustee Schroedel Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2010 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2010-03-23(2) Subject The topic of the resource Board of Trustees Minutes-2010 Date A point or period of time associated with an event in the lifecycle of the resource 2010 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text