Opinion
2005-1481 WCR.
Decided March 1, 2006.
Appeal from judgments of the Justice Court of the Village of Tuckahoe, Westchester County (Michael P. O'Toole, J.), entered May 31, 2005. The judgments convicted defendants, after a nonjury trial, of violating sections 6-8 (b) and 6-37 of the Tuckahoe Village Code.
Judgments convicting defendants of violating Tuckahoe Village Code sections 6-8 (b) and 6-37 reversed on the law, accusatory instruments dismissed and fines, if paid, remitted.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
Defendants were charged with violating section 6-37 of the Tuckahoe Village Code in that they permitted a contractor to remove the shingles from the roof of their premises in order to replace same, without first obtaining a building permit. In a separate accusatory instrument, defendants were also charged with violating section 6-8 (b) of said Code in that they removed a stop work order notice posted on their garage which stated thereon "Do Not Remove."
Section 6-37 of the Tuckahoe Village Code requires the homeowner or contractor to obtain a building permit for any home improvement prior to commencing work. An exception exists for ordinary repairs, not structural in nature. Although replacement of the shingles on a roof is not merely an aesthetic undertaking, it is also not a structural alteration and should be regarded as an ordinary repair. Since the Code does not require a building permit for ordinary repairs, the judgment convicting defendants of violating section 6-37 should be reversed and the accusatory instrument charging a violation of same dismissed. As to the removal of the stop work order, since a building permit was not required, the stop work order was ineffective and its removal cannot be a valid basis for conviction.
Rudolph, P.J., Angiolillo and McCabe, JJ., concur.