§ 325 — Review boards

New York § 325

• Jurisdiction: New York
• Law MRE: Multiple Residence
• Art. 9: Review; Rules; Saving Clauses; Effective Date

Text

§ 325. Review boards. 1. There may be in each county a review board,\nto consist of three members, who shall be appointed by the board of\nsupervisors of the county. One member shall be a registered architect or\na professional engineer. The term of office of each member of such a\nreview board shall be for three years, provided, however, that of the\nmembers first appointed in the case of any such board one shall be\nappointed for a term of one year, one for a term of two years, and one\nfor a term of three years. Such members shall receive no compensation\nunless the board of supervisors shall otherwise determine but each\nmember shall be entitled to his expenses actually and necessarily\nincurred by him in the performance of his duties. The board shall elect\nits chairman from among its own members. Two members of the board shall\nconstitute a quorum. The concurring vote of at least two members of the\nboard shall be necessary for action. Any member chosen to fill a vacancy\noccurring otherwise than by expiration of term shall be appointed for\nthe unexpired term of the member whom he is to succeed. The board of\nsupervisors shall have power to remove any member of the review board\nfor cause and after public hearing.\n 2. The board may appoint such employees as may be authorized by the\nboard of supervisors, and prescribe their duties.\n 3. Each county board shall have power within its county, except as\nstated to the contrary in subdivision eight of this section, and each\nlocal board of review, as provided in said subdivision eight, shall have\npower within its own applicable area:\n a. With respect to dwellings existing on the effective date of this\nchapter only, to vary or modify, in whole or in part, the application of\nany provision of this chapter or of any rule or regulation of the\ndepartment or commission, relating and limited to\n (1) secondary means of egress from dwellings,\n (2) fire retarding of public halls, stairs, and cellar ceilings,\n (3) requisite open spaces, and\n (4) requirements with respect to bulkheads and scuttles; provided,\nhowever, that in the instance of each such variance or modification, the\nbasic spirit and intent of the law are maintained and public health,\nsafety and welfare are preserved, and further provided that in\nconnection with any such variance or modification the board may\nprescribe alternative or substitute requirements where such requirements\nare appropriate or necessary to effectuate the basic purposes of this\nchapter. Any such variance or modification shall be granted only after\nsatisfactory proof, at a public hearing, of practical difficulties or\nunnecessary hardships to be encountered or caused by compliance with the\nstrict letter of such law, rule or regulation.\n b. To fix a reasonable time for the hearing of an application,\nrequiring that due notice be given of the time and place of such hearing\nto the applicant and to the department or to other persons affected. In\nevery case the board shall state the reason or reasons for its decision.\nA record of all orders, requirements and decisions of each such board,\nindexed according to the section or sections of this chapter affected\nthereby shall be kept in the office of the board, and such record shall\nbe open to public inspection at all times during normal business hours.\n c. To enter, or delegate to any employee or officer of such a board\npower to enter, any building or property for the purpose of conducting\ninvestigations, surveys, or inspections necessary to carry out the\nprovisions of this article.\n d. To adopt a seal and to alter the same at its pleasure, and to\nrequire that it be used for the authentication of orders and proceedings\nand for such other purposes as it may prescribe.\n e. To conduct examinations and investigations, administer oaths, hear\ntestimony and take proof, under oath, if the board should so determine,\nof any matter relevant or necessary to carry out the provisions of this\narticle.\n f. To do all other things convenient and necessary to carry out its\npowers.\n 4. No member of such a board, nor any of its employees, shall pass\nupon any question relating to any premises in which he or any\ncorporation in which he is a stockholder or security holder has any\ninterest directly or indirectly.\n 5. An application for such variance or modification may be made within\nthirty days after service of a notice or order to remove any violation\nof this chapter or any nuisance, by any person aggrieved, or by the head\nof an agency or department within the area in which such board has\njurisdiction. An aggrieved person shall be construed as one who is\ndirectly and adversely affected by a provision of this chapter or a rule\nor regulation of the department or commission. Any action or decision of\nsuch a board may be reviewed on the law or the facts in the manner\nprovided by the provisions of article seventy-eight of the civil\npractice law and rules.\n 6. An appeal shall stay all proceedings, both civil and criminal, in\nfurtherance of the action appealed from, unless the officer from whom\nthe appeal is taken shall file with the board to which the appeal has\nbeen taken a certificate that, by reason of facts stated therein, a stay\nwould, in his opinion, cause imminent peril to life or property, in\nwhich case, proceedings shall not be stayed otherwise than by a\nrestraining order which, upon good cause shown, may be granted by such\nboard or by the supreme court, on application, at least three days\nnotice of which shall be given to the officer from whom the appeal is\nbeing taken.\n 7. Each review board shall have power to charge and collect reasonable\nfees and to make rules governing such charges.\n 8. A municipality may continue an existing local board of review,\nwhich is in existence on July first, nineteen hundred fifty-four, to\nhave jurisdiction solely within the territorial limits of such\nmunicipality. In any such case, the jurisdiction of a county board of\nreview shall not extend to any such municipality or municipalities. In\nthe event that no such local board exists in a municipality and in the\nevent that, and so long as, there shall not be in such county a review\nboard appointed pursuant to subdivision one of this section, a review\nboard to consist of three members, one of whom shall be a registered\narchitect or a professional engineer, may be established by such\nmunicipality before September thirty, nineteen hundred sixty-six located\nwithin such county to have jurisdiction solely within the territorial\nlimits of such municipality. The powers and duties of a local board of\nreview, insofar as the operation of the provisions of this chapter is\nconcerned, shall be the same, within the territorial limits of the\nmunicipality, as those of a county board created pursuant to this\nsection.\n 9. In the event that, and so long as, there shall not be in any county\nor municipality a review board authorized to be established in this\nsection, appeals authorized to be taken to such county or municipal\nreview board, as herein provided, within the area in which such board\nwould, if established, have jurisdiction, may be taken to the commission\ninstead, and in such event and with respect to any such county or\nmunicipality, the commission shall have the same powers and jurisdiction\nas is herein provided for a county or municipality review board in such\ncounty.\n