A.Â
Enforcement officer. This chapter shall be enforced
by the Building Inspector who shall be appointed by the Village Board
of Saugerties. No building permit or certificate of occupancy shall
be issued by the Building Inspector for any purpose except in compliance
with the provisions of this chapter.
B.Â
Inspection and notice of violation.
[Amended 10-4-2010 by L.L. No. 5-2010]
(1)Â
The
Building Inspector is authorized to inspect and examine any building,
structure, place, premises or use in the Village of Saugerties with
regard to the provisions of this chapter, and shall send written notice
specifying the violations and requiring compliance within five days
of receipt of said notice. Such notice shall be served either personally
upon the property owner, or agent thereof, or by posting the violation
notice in a conspicuous place upon the premises affected. If a notice
of violation is served by posting it upon the premises, a copy thereof
shall be mailed to whom it is directed at the last known address of
the property owner, or its agent.
(2)Â
If
such property has a repeated violation within 180 days, the owner
will be subject to legal action by the Village of Saugerties.
(3)Â
In the event that the notice specified in Subsection B(1) of this section is not complied with after a period of five days from the date of service, if personally served upon the property owner, or within 10 days after the date of such notice in the event the same is served by posting and mailing in accordance with Subsection B(1) of this section, or within 10 days after the date of such notice in the event the same is returned to the Village because of inability to make delivery thereof, provided same was properly addressed to the last-known address of such owner or agent, then any duly appointed law enforcement officer, including the Code Enforcement Officer and Building Inspector, may immediately issue an appearance ticket or summons.
(4)Â
Examination
by police, Fire Department and Health Department; interior inspection.
(a)Â
The police, the Fire Department Inspector and the Health Department
Inspector shall, at the request of the Building Inspector or on their
own initiative, examine or investigate any building, structure, use
or premises with regard to any provision of this chapter and shall
issue reports and recommendations to the Building Inspector regarding
any violation thereof
(b)Â
However, nothing contained in this chapter shall permit any Village
employee to conduct an interior inspection of a premise without the
property owner's consent or without first obtaining a court decree
authorizing entry unless an emergency exists.
C.Â
Legal action by enforcement officer. If an unlawful
condition or use is found not to have been properly remedied or made
to comply with the provisions of this chapter by the expiration of
the reasonable time period granted by the enforcement officer, then
the enforcement officer is empowered to immediately institute any
appropriate action, charge, or proceedings in the proper legal court
for the prevention, cessation, or discontinuance of any condition,
use, occupancy, or act, in, on, of, or around any building, structure,
or tract of land and for the prosecution of any owner, occupant, or
offender.
D.Â
Legal action by taxpayers. If the enforcement officer fails or refuses to proceed with any action in accordance with Subsection C within a ten-day period following written request by any taxpayer so to proceed, then any three or more taxpayers of the Village of Saugerties residing or owning property in the district wherein such condition or use in violation of this chapter exists or in an adjacent district and who are jointly or severally aggrieved by such violation, may institute such appropriate action, charge, or proceeding in like manner as such enforcement officer is authorized.
[Amended 8-16-2010 by L.L. No. 4-2010]
A violation of any provision of this chapter
shall be a misdemeanor and shall be subject by a maximum fine of $1,000
or by imprisonment for not more than one year, or both. Each week
of continued violation shall constitute a separate additional violation.
If more than one provision is violated, each provision violated shall
be considered a separate misdemeanor, each liable to maximum penalties
as herein specified.
All persons proposing to construct, erect, alter,
repair, extend, relocate, remove, demolish, or structurally change
any building, structure, or portion thereof shall apply to the Building
Inspector for a building permit. All applications for such permits
shall be made in accordance with the requirements of the Village Law
for the administration and enforcement of the State Uniform Fire Prevention
and Building Code.[1]
The Building Inspector shall not issue a building
permit for any use requiring issuance of a special permit or approval
of a site plan by the Planning Commission unless and until such permit
or approval has been transmitted in writing.
All persons desiring permission to occupy and
use a building or structure following construction, erection, alteration,
extension, relocation, or structural changes, wholly or in part; change
the use of an existing building or of a part thereof; occupy and use
vacant land for any uses other than those consisting principally of
tilling the soil; shall apply to the Building Inspector for a certificate
of occupancy. All applications for such certificates shall be made
in accordance with the requirements of the Village Law for the administration
and enforcement of the State Uniform Fire Prevention and Building
Code.[1]
