This chapter shall be administered and enforced
by the Code Enforcement Officer, who shall be responsible for issuing
required permits, making necessary inspections and issuing violation
orders if such exist.
A.
Prior to any new construction, structural alteration,
demolition or changes in the use of a building or lot, or demolition
of a structure, a building permit must be obtained from the Code Enforcement
Officer. In the event that the application does not meet the requirements
of this chapter, the Code Enforcement Officer will then refuse to
issue a building permit and refer the application to the ZBA as is
required by this chapter and/or state law. Upon receipt of a permit,
the applicant may proceed to undertake the action permitted by the
permit. At the time the applicant has completed the construction,
alteration, or demolition or changed the use as is permitted in the
permit, the Code Enforcement Officer shall inspect the premises to
determine if the requirements of this chapter and the permit have
been adhered to. If such is the case, the Code Enforcement Officer
shall issue the certificate of occupancy/certificate of compliance.
[Amended 7-16-2008 by L.L. No. 4-2008]
A.
Permitted use. A building permit for a permitted use
or structure may be issued by the Code Enforcement Officer, on his
own authority, if the application meets the requirements of law.
B.
Special use. After a review, public hearing and approval
by the Planning Board, a special use permit may be issued by the Code
Enforcement Officer.
C.
Permit after an appeal or variance. After a public
hearing held by the Zoning Board of Appeals, a building permit may
be issued by the Code Enforcement Officer upon the order of the ZBA.
A.
Under the terms of this chapter, the following persons
may apply for variances and special use permits:
B.
Building permits.
(1)
There shall be submitted with all applications for
a building permit two copies each of a tape location map or instrument
survey map and property deeds. Also needed will be a site plan showing
the actual dimensions of the lot to be built upon, the exact size
and location on the lot of the building and all accessory buildings
to be erected and such other information as may be required to determine
and provide for the enforcement of this chapter. The CEO, at his discretion,
can require blueprints with an engineer's or architect's seal.
(2)
All water supply and sewage disposal installations
shall meet the standard of the appropriate health authorities. All
water distribution systems using the Village of Naples water supply
shall meet the standards of the Department of Public Works of the
Village of Naples.
(3)
One copy of such layout or site plan shall be returned
to the applicant together with the building permit, upon payment of
the required fee and appropriate approvals. The second copy of the
site plan shall become public record after a permit is issued or denied
and kept on file at the Village Clerk's office. The applicant's permit
shall be conspicuously posted on the premises for which said permit
was issued while construction, alteration or change of use is taking
place.
(4)
A building permit shall expire six months after date
of issuance if the applicant fails to implement his application as
filed with the Code Enforcement Officer.
(5)
The Code Enforcement Officer may revoke the building
permit if the work being done materially differs from the filed application.
C.
Denial of permits. When the Code Enforcement Officer
reviews an applicant's request for a permit and determines that the
application does not meet the requirements of the law, he shall refuse
to issue the permit and the applicant may appeal to the ZBA.
E.
Certificate of occupancy and certificate of compliance.
No land is to be used or occupied, and no building or structure which
has been erected or altered is to be used or changed in use, in whole
or in part, until a certificate of occupancy has been issued by the
CEO stating that the proposed use and occupancy of such land, building
or structure comply with the provision of this chapter and the New
York State Building Codes. No building or structure hereafter constructed,
erected or altered shall be occupied or used in whole or in part for
any use whatsoever, and no change of use of any building or structure
or part thereof, or of any land, shall hereafter be made, until a
certificate of compliance has been issued by the CEO certifying that
the building or structure or any use or part thereof complies with
the provisions of this chapter. A certificate of occupancy/certificate
of compliance shall be obtained by the property owner, from the Code
Enforcement Officer, within 10 days after construction, alteration,
or change of use is completed and complies with this chapter and New
York State Building Codes.
[Amended 7-16-2008 by L.L. No. 4-2008]
A.
Applicant. Any aggrieved person may appeal to the
ZBA within 60 days from any ruling of any administrative official
administering any portion of this chapter.
[Amended 7-16-2008 by L.L. No. 4-2008]
B.
Code Enforcement Officer. Any person who desires to
appeal the CEO's decision may make an appeal to the ZBA within 60
days of the CEO's decision. After the sixty-day time period has lapsed
and the aggrieved person has not appealed the CEO decision, the CEO's
decision shall stand.
[Amended 7-16-2008 by L.L. No. 4-2008]
C.
Zoning Board of Appeals.
(1)
Public hearing; posting of sign.
[Amended 11-18-2009 by L.L. No. 3-2009]
(a)
A public hearing shall be held by the Zoning Board of Appeals. Prior
to the hearing, the owner/applicant shall be required to obtain from
the Code Enforcement Officer a sign which states in substance that
the subject property is under review by either the Planning Board
or the Zoning Board of Appeals, as the case may be. The sign must
be posted upon the subject premises within five days of the date upon
which the applicant's application is deemed to be complete. The sign
must be posted in the front yard of the subject premises in plain
view, and must be maintained in an upright position at all times so
that it is readable by the public throughout the duration of the application
process. Placement of the sign shall be done in accordance with the
requirements of this Code. The failure of the owner/applicant to observe
these posting requirements shall result in the denial of the application.
The sign shall be removed by the owner/applicant within five days
of the filing of the final decision with the Village Clerk.
(b)
In addition, a legal notice of the public hearing shall be published
in a newspaper of local circulation at least five days prior to the
date of the hearing.
(c)
Notice of the hearing shall be given to all owners of properties
contiguous to the subject parcel by first-class mail, which shall
be mailed at least 15 days prior to the date of the hearing, to the
address of the property owner(s) as appears from the most recent Village
property tax rolls. For the purpose of this section, "contiguous"
shall include those properties which adjoin the subject parcel in
the center line of a Village street.
[Added 1-15-2014 by L.L. No. 1-2014]
(2)
The ZBA shall decide each appeal at a public meeting
within 62 days after the final hearing. The decision of the Board
shall be immediately filed in the office of the Village Clerk and
shall be public record. Also, the applicant and the Code Enforcement
Officer shall be notified of the action of the ZBA. In the performance
of its duties upon such appeals or upon special uses, the Board may,
in conformity with the provisions of the law, reverse or affirm, wholly
or partly, or modify the order, requirement, decision or determination
in accordance with the provisions hereof.
Any person aggrieved by the decision of the
Zoning Board of Appeals may bring an Article 78 proceeding against
the ZBA as is provided by law.
Fees shall be established from time to time
by resolution of the Village Board of Trustees which upon adoption
shall be filed with the Village Clerk.
[Amended 6-19-2002 by L.L. No. 3-2002; 6-18-2008 by L.L. No.
3-2008; 7-16-2008 by L.L. No. 4-2008]
Any person, firm, company, corporation, partnership,
limited liability company or other entity owning, controlling, occupying
or managing any building, structure or premises therein or wherein
there shall be placed on, allowed to remain or there exists anything
in violation of this chapter, and any such person, firm, company,
corporation, partnership, limited liability company or other entity
who or which shall assist in the commission of any such violation
or violation of any condition imposed by the Village Board, Zoning
Board of Appeals or Planning Board or who or which shall use or building
any building or parcel of land contrary to the provision of this chapter,
and any such person, firm, company, corporation, partnership, limited
liability company or other entity who or which shall omit, neglect
or refuse to do any act required by this chapter shall be guilty of
an offense and subject to a minimum fine of $250 or imprisonment for
a period of not more than 15 days, or both, and in addition may be
ordered to pay all cost and expenses, including fees and expenses
of attorneys, engineers and other experts involved in the enforcement
hereof. Every such person, firm, company, corporation, partnership,
limited liability company or other entity shall be deemed guilty of
a separate offense for each week such violation, disobedience, omission,
neglect or refusal shall continue.
