This chapter shall be enforced by the Zoning
Enforcement Officer. No building permit or certificate of occupancy
shall be issued by the ZEO except where all the provisions of this
chapter have been complied with.
Whenever the Zoning Enforcement Officer has
reasonable grounds to believe that work on any building or structure
is being prosecuted in violation of the provisions of this chapter
or other applicable building laws, ordinances, rules or regulations
or not in conformity with the provisions of an application, plans
or specifications on the basis of which a building permit was issued
or in an unsafe and dangerous manner, he or she shall notify the owner
of the property or the owner's agent or the person performing the
work to suspend all work, and any such persons shall forthwith stop
such work and suspend all building activities until the stop order
has been rescinded. Such order and notice shall be in writing, shall
state the conditions under which the work may be resumed and may be
served upon a person to whom it is directed either by delivering it
personally to him or her or by posting the same upon a conspicuous
portion of the building under construction and sending a copy of the
same by registered mail.
Any building official, upon the showing of proper
credentials and in the discharge of his or her official duties, may
request of the owner or occupant of any structure or premises entry
for the purpose of inspection of the premises pursuant to his or her
official duties at any reasonable hour. In the event that the owner
or occupant refuses such official entry, the official charged with
conducting such inspection pursuant to law shall be required to obtain
a search warrant requiring the owner or occupant in charge to allow
entry. In the event of a request by the official to the owner or occupant
to allow entry, the official shall advise the owner or occupant of
his or her constitutional right to deny entry, but that if such entry
is refused, the official may secure a court warrant permitting such
entry.
Before issuing a certificate of occupancy, the
Zoning Enforcement Officer shall examine or cause to be examined all
buildings, structures and the site for which an application has been
filed for a building permit to construct, enlarge, alter, repair,
remove, demolish or to change the use of the building, and he or she
may conduct such inspections as he or she deems appropriate from time
to time during and upon completion of the work for which a building
permit has been issued. There shall be maintained by the Village a
record of all such inspections and examinations together with a record
of findings in violations of the law.
Upon request, the Zoning Enforcement Officer
may issue a temporary certificate of occupancy for a building or structure,
or part thereof, before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life or the public welfare.
[Added 6-23-2010 by L.L.
No. 4-2010; amended 3-8-2011 by L.L. No. 1-2011]
A. Upon receipt of written notice or order from the Zoning Administrator or Building Inspector that a violation of Chapter
86, "Buildings, Unsafe," Chapter
105, "Fire Prevention and Building Construction," Chapter
230, "Zoning," and/or the New York State Uniform Fire Prevention and Building Code exists at a property, no building permit or certificate of occupancy shall be issued for any use for such property. Further, the Planning Board or the Zoning Board of Appeals, as the case may be, shall not review, hold public meetings or public hearings on, and shall take no action regarding an application for special use approval, site plan approval, subdivision approval, area variance approval, use variance approval, or interpretation in relation to the subject property until notified by the Zoning Administrator that such violation has ceased or been cured.
B. If no written notice or order has been issued against a property,
nothing in this section shall be deemed to prevent the Zoning Board
of Appeals or Planning Board from reviewing and acting upon an application
from the property owner.
C. Notwithstanding Subsection
A above, if any violation of this chapter is discovered by the Zoning Administrator while an application is under review, the Zoning Administrator shall issue a written notice or order to the property owner and shall copy such notice or order to any Board currently reviewing an application for the subject property. Upon the receipt of such notice, no building permit or certificate of occupancy shall be issued for any use for such property. Further, the Planning Board or the Zoning Board of Appeals, as the case may be, shall immediately stop its review of, shall not hold public meetings or public hearings on, and shall take no further action regarding an application for special use approval, site plan approval, subdivision approval, area variance approval, use variance approval, or interpretation in relation to the subject property until notified by the Zoning Administrator that such violation has ceased or been cured.
D. Exceptions:
(1)
An exception exists if an application to the Planning Board
or the Zoning Board of Appeals, the building permit or the certificate
of occupancy is necessary and required to cure an existing violation.
In such instance, the Zoning Board of Appeals, Planning Board or the
Building Department may consider the application after written notice
from the Zoning Administrator confirming that the application is necessary
and required to cure an existing violation.
(2)
The Zoning Administrator may grant an exception to this section
if all of the following facts apply:
(a)
In the opinion of the Zoning Administrator, there is no nexus
or connection between the proposed application, whether to the Planning
Board, Zoning Board of Appeals or the Building Department, and the
cited violation. For example, if a property owner receives a violation
for constructing an outdoor deck without a building permit, but is
seeking a building permit to construct a garage in which to park vehicles;
and
(b)
In the opinion of the Zoning Administrator, the property owner
is diligently working to cure the cited violation.
The Zoning Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice thereof by the publication in the official
paper of a notice of such hearing as provided by the Village Law.
A. Notice to interested parties. In case of any appeal,
all interested parties as designated in the Village Law shall be notified
as provided therein.
B. Adjournment of hearing. Upon the day for hearing any
application or appeal, the Zoning Board of Appeals may adjourn the
hearing for a reasonable period for the purpose of causing such further
notice as it deems proper to be served upon such other property owners
as it decides may be interested in said application or appeal.
C. Required interval for hearing on applications and
appeals after denial. Whenever the Board, after hearing all the evidence
presented upon an application or appeal, under the provision of this
chapter, denies the same, the Zoning Board of Appeals shall refuse
to hold further hearings on the same or substantially similar application
or appeal by the same applicant, his or her successor or assignee
for a period of one year, except and unless the Zoning Board of Appeals
shall find and determine from the information supplied by the request
for a rehearing that changed conditions have occurred relating to
the promotion of the public health, safety, convenience, comfort,
prosperity and general welfare and that a reconsideration is justified.
Such rehearing would be allowable only upon a motion initiated by
a member of the Zoning Board of Appeals and adopted by the unanimous
vote of the members present, but not less than a majority of all members.