[Amended 5-1-2002 by L.L. No. 1-2002; 2-21-2007 by L.L. No.
2-2007]
[Amended 3-15-2023 by L.L. No. 1-2023]
A.
This chapter shall be enforced by the Zoning Enforcement Officer, who shall be appointed by the Mayor, with the approval of the Village Board, and shall serve at the pleasure of the Mayor, as well as by any and all zoning enforcement personnel appointed as described herein. At the discretion of the Mayor, the Zoning Enforcement Officer or any other zoning enforcement personnel may also serve as the Code Enforcement Official and/or as code enforcement personnel as defined in Chapter 98.
B.
In the event that the Zoning Enforcement Officer is unable to serve
as such for any reason, an individual shall be appointed by the Mayor,
with the consent of the Village Board, to serve as Acting Zoning Enforcement
Officer. The Village Code Enforcement Official or any other code enforcement
personnel, subject to appointment by the Mayor and consent of the
Village Board, may serve as Acting Zoning Enforcement Officer. The
Acting Zoning Enforcement Officer shall, during the term of his or
her appointment, exercise all powers and fulfill all duties conferred
upon the Zoning Enforcement Officer by this chapter.
C.
One or more Deputy Zoning Enforcement Officers may be appointed by
the Mayor, with the approval of the Village Board, to act under the
supervision and direction of the Zoning Enforcement Officer and to
assist the Zoning Enforcement Officer in the exercise of the powers
and fulfillment of the duties conferred upon the Zoning Enforcement
Officer by this chapter.
D.
The compensation for the Zoning Enforcement Officer and any Acting
or Deputy Zoning Enforcement Officers shall be fixed from time to
time by the Village Board.
A.
The responsibilities of the Zoning Enforcement Officer
shall include:
B.
The Zoning Enforcement Officer shall keep a record
of all applications and plans submitted for permits and a record of
all permits issued with a notation of all special conditions involved.
The Zoning Enforcement Officer shall not issue a permit for the occupancy
of any building or the use of any property, unless such building or
use conforms to all applicable laws and ordinances of the Village.
A.
No land or building or other structure or part thereof, including accessory buildings, shall be altered in its use or occupancy, until a zoning permit has been issued by the Zoning Enforcement Officer. Except upon written order of the Board of Appeals, no zoning permit or certificate of occupancy shall be issued for any building or land where said construction, addition or alteration or use thereof would be in violation of this chapter or the requirements of Chapter 98.
B.
All applications for zoning permits shall comply with the requirements set forth in Chapter 98 and:
(1)
Include two copies of a layout or plot plan drawn
to scale showing the shape, size, height and location in exact relation
to all property lines and to street and road lines of all buildings
or structures on the lot. The Zoning Enforcement Officer may require
that the plan be accompanied by a written statement from a qualified
engineer, or other satisfactory evidence, to the effect that all lot
lines have been accurately located and staked on the ground.
(2)
State the existing or intended occupancy and use of
all such buildings and land.
(3)
Supply other information as may be required by the
Zoning Enforcement Officer to ensure that the provisions of this chapter
are being observed.
C.
Upon completion of the application, the Zoning Enforcement
Officer shall either issue the zoning permit, deny the zoning permit
and/or refer the applicant to the appropriate body for a variance,
site plan approval or special permit approval.
D.
Fees. Fees shall be as determined by the Village Board.
A.
Requirement. No land or building or other structure or part thereof hereafter erected or altered in its use or building or structure shall be used or occupied until the Zoning Enforcement Officer shall have issued a certificate of occupancy stating that such land, building, structure or part thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter and upon approval of the Code Enforcement Officer as to the conformance of the building or structure with Chapter 98 of the Village of Tivoli Code.
B.
Issuance. Within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Zoning Enforcement Officer to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform with the provisions of this chapter, and the Code Enforcement Officer has found the building, structure or part thereof conforms with the provisions of Chapter 98 of the Village of Tivoli Code.
C.
Refusal. If the Zoning Enforcement Officer, after
such final inspection, refuses to issue a certificate of occupancy,
the ZEO shall state such refusal, in writing, with the cause and immediately
thereupon mail notice of such refusal to the applicant at the address
indicated on the application.
D.
Term. A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and use thereof, or of such land, is in full conformity with the provisions of this chapter and any requirements made pursuant thereto and with the provisions of Chapter 98 of the Village of Tivoli Code. On the serving of notice by the Zoning Enforcement Officer of any violation of any of the provisions or requirements in respect to any structure or land or the use thereof, the certificate shall thereupon become null and void and a new certificate shall be required for any further use of such structure or land.
E.
Fees. Fees shall be determined by the Village Board
of Trustees.
