HomeMy WebLinkAboutNotice of Violation No. E 1137 2021-2-13 �' 4*.$RcDfi� Certified Mail X
BUILDING DEPARTMENT Hand Delivered
VILLAGE OF RYE BROOK
938 KING STREET,RYE BROOK,NY 10573
(914)939-0668 FAX(914)939-5801 www.ryebrook.org
NOTICE OF VIOLATION AND ORDER TO REMEDY SAME
OWNER:. Shawn Ackerson VIOLATION#: E 1137
564 Westchester Ave NOTICE#: FINAL NOTICE
Rye Brook NY 10573 S.B.L.: 135 . 83 - 1-53
The following violations of the Village or Rye Brook Code were found to exist at, 564 Westchester
Ave in an, R2-F zoning district, in the County of Westchester, Village of Rye Brook, NY on, February
13`h 2021.
CODE SECTION &TITLE
VILLAGE CODE §186-5 COMMERCIAL VEHICLES PROHIBITED.
VILLAGE CODE §186-5 STORAGE OF EQUIPMENT
In that the residential premises is found being used for a commercial
vehicle, and commercial equipment storage. Furthermore use of the
premises, property and/or garage for a Landscaping Business, or keeping
of landscaping related equipment is not allowed.
(REMOVE ALL COMMERCIAL VEHICHLES AND EQUIPMENT IMMEDIATELY/)
A RE-INSPECTION WILL TARE PLACE WITHIN 7 DAYS OF THE DATE OF THIS NOTICE.
You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above
captioned violation(s)immediately. Your failure to comply may result in monetary fines of$250.00/day for each
day of continued violation, or imprisonment not exceeding one year, or both. Note that a re-inspection of the
premises is required by law to confirm compliance with this notice& all other applicable codes.
FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHABLE BY FINE, IMPRISONMENTS OR BOTH.
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( ) BUILDING INS -TOR
(X) ASSISTANT BUILDING INSPECTOR
( )VILLAGE ENGINEER
FEBRUARY 22,2021
2/22/2021 Village of Rye Brook, NY Ecode360
[5] All required fire and life-safety systems must be in place, inspected, tested and fully
operational.
(c) Safety. The house and property must be safe to occupy as determined by the Building
Inspector.
(4) No residential TCO may be issued by the Building Inspector for any property for a time period
of more than 30 days. Upon written request, an applicant may renew a residential TCO for no
more than two additional times for a period of 30 days each. Any applicant that applies for a
TCO beyond such extended period must receive such approval from the Village Board of
Trustees.
(5) Any fees must be paid in accordance with the License and Fee Schedule on file in the Viflage
Clerk's office.
C. Nonconforming uses. No nonconforming use shall be maintained, renewed, changed or extended
without a certificate of occupancy having first been issued by the Building Inspector therefor.
D. Occupancy.
(1) A certificate of occupancy shall be deemed to authorize and is required for both initial and
continued occupancy and use of the building or land to which it applies and shall continue in
effect as long as such building and the use thereof or of such land is in full conformity with the
provisions of this chapter and any requirements made pursuant thereto.
(2) On the serving of notice of any violation of any of said provisions or requirements in respect to
any building or the use thereof or of land, the certificate of occupancy for such use shall
thereupon become null and void and a new certificate of occupancy shall be required for any
further use of such building or land.
Fees. Upon written request from the owner, the Building Inspector shall issue a certificate of
occupancy for any building or premises existing at the time of the enactment of this chapter,
certifying, after inspection, conformity with the provisions of this chapter and by payment to the
Village of the requisite fee, as set forth in the License and Permit Fee Schedule on file in the
Village Clerk's office.
[Amended 8-23-2003 by L.L. No. 11-20031
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2/22/2021 Village of Rye Brook, NY Ecode360
Village of Rye Brook, NY
Monday, February 22, 2021
Chapter 250. Zoning
Article V. Administration and Enforcement
§ 250-10. Certificate of occupancy.
A. Requirements. It shall be unlawful for an owner to use or permit the use of any building or
premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or
partly, in its use or structure until a certificate of occupancy shall have been issued by the Building
Inspector. Said certificate shall state that such building or premises or part thereof and the
proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the
duty of the Building Inspector to issue a certificate of occupancy, provided that he is satisfied that
the building and the proposed use of the building or premises conform with all the requirements
herein set forth. A certificate of occupancy shall be applied for coincident with an application for a
building permit.
B. Temporary Certificate of Occupancy.
[Amended 1-26-2010 by L.L. No. 1-20101
(1) Under such rules and regulations as shall be established by the Village Board of Trustees, a
temporary Certificate of Occupancy for occupation of a building, in part or in whole, may be
issued.
(2) The Building Inspector shall have the authority, in his or her discretion, to issue a Temporary
Certificate of Occupancy (TCO).
(3) Residential TCOs may be issued in exceptional circumstances, at the discretion of the
Building Inspector, if the following conditions are met:
(a) Guaranty. Prior to the issuance of the TCO, the applicant must provide an Irrevocable
Letter of Credit, or other form of credit, in a form acceptable to the Village Administrator,
or his or her designee, in an amount equal to the final Certificate of Occupancy fee, any
adjusted building permit fee and the value of the remaining work to be constructed. The
applicant may draw down fees as they become due on this amount for work completed.
(b) Level of construction. Prior to the issuance of the TCO, the following requirements must
be met:
[1] The premises must have hot and cold running water and the intended cooking
facilities must be operational.
[2] The intended source of heat and conditioned air must be fully operational.
[3] At least one bathroom (water closet, sink and shower or bathtub) must be inspected,
approved and fully operational.
[4] All electrical, mechanical, natural and/or liquid propane gas inspections must be
completed and approved.
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